General Terms and Conditions of RENNGRIB.de / DICA Motoparts GmbH
1. Contract conclusion / Scope
For all orders via our online shop by consumers and entrepreneurs, the following terms and conditions apply.
A consumer is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed. Entrepreneur is a natural or legal person or a legal partnership that, in the course of entering into a legal transaction, is acting in the course of its commercial or independent professional activity.
With regard to entrepreneurs, these terms and conditions also apply to future business relationships, without us having to refer to them again. If the entrepreneur uses conflicting or supplementary terms and conditions, its validity is hereby contradicted; they only become part of the contract if we have expressly consented to this.
The purchase contract is concluded with DICA Motoparts GmbH.
By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially put our products into the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the corrective aids provided and explained in the order process. The contract is concluded by accepting the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order you will receive a confirmation by e-mail.
2. Delivery and prices
All prices are (unless otherwise stated) per piece and include VAT and exclude shipping costs. You can find out more about the amount of shipping costs in the offers. Our delivery time is on average 2-5 working days within Germany (does not apply to Gimoto goods). For goods not in stock, the delivery time may be up to four working weeks after receipt of order. If the delivery fails for reasons for which DICA Motoparts GmbH is not responsible, DICA Motoparts GmbH may withdraw from the contract. In this case, DICA Motoparts GmbH will inform the customer about this in good time. Orders received before 12:00 Monday to Friday will be processed on the same day, after receipt of order. The items are delivered only after receipt of payment. If the payment is received Monday to Friday after 12:00 pm (PayPal, PayPal purchase on account, PayPal direct debit, PayPal credit card, PayPal debit card, advance payment) the goods will be handed over or dispatched the following day. The orderer has the right to cancel the contract if the delivery is not made within 14 working days from the order (this does not apply in the case of a customer-ordered item or a Gimoto custom-made suit)
2.1 Delivery abroad
We deliver to the following countries: Austria, Luxembourg, Belgium, Netherlands, France, Italy, Denmark, Spain, England. Other countries on request. The shipping costs to these countries are specified in the current delivery and shipping conditions. Depending on the size and number of goods (eg bulky goods, fiberglass parts, several tires), the costs can change or become more expensive. Should an island be delivered in these countries, the island surcharge will be borne by the customer. If necessary, this will be recalculated by DICA Motoparts GmbH. Delivery time for these countries is about 3-8 working days on average.
2.2 transport damage
For consumers:
If goods are delivered with obvious transport damage, please complain about such errors as soon as possible to the deliverer and please contact us immediately. The failure to file a complaint or contact has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, they help us assert our own claims against the carrier or transport insurance.
For entrepreneurs:
The risk of accidental loss and accidental deterioration shall be transferred to you as soon as we have delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment. Among traders, the duty to inspect and to reprimand is regulated in § 377 HGB. If you refrain from doing so, the goods are deemed to have been approved, unless they are defects that were not identifiable during the inspection. This does not apply if we have fraudulently concealed a defect.
2.3 Deliveries from the tire SOS of the RENNGRIB APP
When ordering and paying by 13:00 clock, the tires are usually delivered by DPD within 24 hours. Before and after public holidays, delays in delivery may occur on the part of the parcel service, in which case delivery within 24 hours is not guaranteed. We have no influence on the routes and delivery of parcel service providers and assume no liability whatsoever for a 24-hour delivery.
2.4 Delivery to different delivery address
If the order is delivered to a different delivery address from the billing address, we assume no liability for loss or theft of the shipment. This is especially true for payments via PayPal, PayPal Purchase Invoice, PayPal Direct Debit, PayPal EC Card, PayPal Credit Card. This also applies in the event of identity theft on the part of the customer. This also applies in the case of a diversion of the delivery to a delivery address deviating from the billing address.
3. Ownership
We reserve ownership of all goods delivered by us until all our claims against the customer, including the conditionally existing, are met. This also applies to future claims. We reserve the title to all items delivered by us until all our claims against the buyer or against the person who accepted the items are met. This also applies to future claims. In order to assert our reservation of title, we are entitled to demand the immediate return of the articles to the exclusion of any right of retention, unless they are legally established or undisputed counterclaims.
4. Payment
The following payment methods are available: purchase on account, PayPal, credit card, direct debit and advance payment.
Purchase on account (PayPal Plus)
In cooperation with PayPal, we offer you the purchase of a bill as a payment option. You pay only when you have received the goods (your payment will be made directly to PayPal). For this you do not need a PayPal account. After receipt of the invoice, this must be paid within 14 days directly to PayPal.
PayPal Terms of Use: https://www.paypal.com/de/webapps/mpp/ua/useragreement-full
PayPal
When buying with PayPal you pay safely, easily, conveniently and at no cost through your PayPal account.
Credit card (PayPal Plus) / debit card (PayPal Plus) / direct debit (PayPal Plus)
We offer this payment option via PayPal Plus. You do not need a PayPal account. If paying by credit card, your credit card will be charged to us within 2 days of sending your order. PayPal accepts VISA and Master Card.
Payment in advance
Our invoice is due immediately upon receipt of the invoice and transferred to our account.
5. Warranty and guarantees
Unless otherwise expressly agreed otherwise, the statutory warranty rights apply. For consumers, the limitation period for claims for defects in used goods is one year from delivery of the goods.
For entrepreneurs, the limitation period for warranty claims is one year from the transfer of risk; the statutory limitation periods for the recourse claim under § 478 BGB remain unaffected. With regard to entrepreneurs, an agreement on the condition of the goods is understood to mean only our own information and the manufacturer’s product descriptions that were included in the contract; We accept no liability for public statements made by the manufacturer or other advertising statements.
If the delivered goods are defective, we initially provide to entrepreneurs at our discretion warranty by rectification of the defect (repair) or by delivery of a defect-free item (replacement).
The above limitations and shortened terms do not apply to claims for damages caused by us, our legal representatives or vicarious agents.
Information on any applicable additional guarantees and their exact conditions can be found in the product and on special information pages in the online shop.
No warranty on racing parts.
6. liability
We are always liable without limitation for claims due to damages caused by us, our legal representatives or vicarious agents
In case of breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract and on which the contractual partner may regularly rely (cardinal obligations) by slight negligence on our part, our legal representatives or vicarious agents, the liability shall be the amount foreseeable at the time of conclusion of the contract Damage limited, which typically has to be expected. Incidentally, claims for damages are excluded.
It is generally known that it is not possible in the current state of the art to develop and operate computer programs (software) and data processing systems (hardware) completely error-free and to exclude all imponderables associated with the Internet medium. We assume no strict liability for damages incurred by users or third parties from the use as such of our platforms.
7. Rights
All rights reserved. Text, images, sound, graphics, animations and videos as well as their arrangement on our website are protected by copyright and other protective laws. The content of this website may not be copied, distributed, modified or made accessible to third parties for commercial purposes. Some of our websites also contain images that are subject to the copyright of third parties. Unless otherwise stated, all trademarks on our websites are protected by trademark law. Our websites do not grant a license to use the intellectual property of us or third parties.
8. Fulfillment and jurisdiction
Place of performance and place of jurisdiction for all claims arising from business relations, in particular from our deliveries, is Trier. This place of jurisdiction also applies to disputes concerning the origin and validity of the contractual relationship. Regardless of the height of the property, we have the right to sue at Trier District Court, at our discretion also at the courts responsible for the location of the customer. It is only the law of the Federal Republic of Germany. The application of the Uniform UN Sales Convention (Agreement on Contracts for the International Sale of Goods v. 11.04.1980) is excluded.
9. Withdrawal
Withdrawal
Consumers have a fourteen-day withdrawal.
You have the right to withdraw from this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods.
To exercise your right of withdrawal, you must (RENNGRIB / DICA Motoparts GmbH, Kiemstrasse 3, 54311 Trierweiler, [email protected], Germany, phone: 0651-17068999) by means of a clear statement (eg, a letter sent by post , Fax or e-mail) about your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required.
In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation
If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery we offer) have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days. You bear the immediate costs of returning the goods. You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.
The right of withdrawal does not apply to the following contracts:
– Contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
– Contracts for the delivery of sealed goods that are not suitable for return for reasons of health or hygiene if their seal has been removed after delivery.
– Contracts for the supply of goods, if, due to their nature, they were inseparably mixed with other goods after delivery.
– Contracts for the supply of sound or video recordings or computer software in a sealed package, when the seal has been removed after delivery.
model withdrawal form
</ strong> (If you want to cancel the contract, please fill in this form and send it back.)
</ em> – To RENNGRIB / DICA Motoparts GmbH, Kiemstrasse 3, 54311 Trierweiler, [email protected], Germany
– I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)
– Ordered on (*) / received on (*)
– name of the consumer (s)
– address of the consumer (s)
– Signature of the consumer (s) (only when notified on paper)
– date
(*) Delete as appropriate. </ em>
10. Others
Our terms and conditions, which underlie all agreements and offers, shall be deemed accepted by placing an order or accepting the delivery; they may be changed by us at any time. Other conditions are ineffective, even if we do not expressly contradict them, they only apply if they are recognized in writing by us in individual cases. The ineffectiveness of individual provisions does not affect the validity of these conditions otherwise.
10.1 Telephone or verbal agreements necessarily require a written confirmation in order to be legally binding.
10.2 We are entitled to change these terms and conditions at any time. If the customer does not object to the changed conditions within 2 weeks of receipt of the notification of change, these will become effective according to the announcement. If the customer objects in due time, we are entitled to terminate the contract at this time, on which the changed conditions come into force. Our terms and conditions also apply to future business, without the need for an explicit agreement in each individual case.
10.3 Since we almost exclusively supply tires, parts and accessories for racing, our products may not be used in traffic as intended. By using these products in normal road traffic, the operating permit on the motorcycle is eliminated. The buyer expressly undertakes not to use or use these parts in road traffic or to install them in motorcycles that can be put on the road. We would like to point out that due to the extraordinary strain typical of racing, tires, parts and accessories can become damaged, which can also lead to consequential damage or even falling. The buyer assures to know this risk and to assert no claims for damages or warranty claims against us.
11. Order / Delivery Gimoto Leather Suit
11.1 We only accept leather suits orders with a fully paid invoice in advance by bank transfer to our bank account, other payment methods we do not accept for custom-made. Without 100% payment we do not execute a production order.
11.2 All delivery times given by us regarding the Gimoto leather suits are approximate. Decisive here are the delivery times from the manufacturer, these can vary depending on the season. We reserve the right to make changes at any time.
11.3 For all Gimoto leather suits, the manufacturer’s warranty applies, DICA Motoparts GmbH assumes no liability or guarantee and excludes these completely. We are also not liable for color and lightfastness. This is especially true for light colored leather.
11.4 Obvious defects must be reported to us within 14 days of delivery, after which we no longer accept them. Commercial or minor technical deviations, e.g. Color or design are not a reason for complaint and will not be accepted. For legitimate complaints (for example, ordered red, received blue), the seller has the right to repair or change, we have a reasonable period available. We exclude further claims, unless they are based on intent or gross negligence on our part.
11.5 The color representation on the Internet, in the brochure and on the leather samples may differ from the original colors of the leather. In no case, these deviations are cause for complaint and are not recognized.
11.6 Cancellation of the order of a made-to-measure suit is only possible up to 2 weeks after commissioning (from the time of receipt of payment), after which a cancellation of the order is excluded.
11.7 The measurement (if taken over by us) is carried out by us to the best of our knowledge and belief and according to the customer, a guarantee for the accuracy of the measurement by us or third parties is not accepted. For dimensions or measurement data made available to us by the customer for a made-to-measure or made by the customer or carried out by third parties, we assume no liability and exclude any liability.
12. Booking a race training, event
Registration is via the RENNGRIB online shop
12.1 Terms of payment: The amount is due at the latest 2 weeks after the booking by bank transfer to our account. If the booking is made 8 weeks before the event, it is due immediately after booking. If the payment is received after the first two weeks after booking or not immediately (when booking 8 weeks before the event), there is no right to participate.
12.2 Cancellation: In case of cancellation the following costs apply: from 20 days before the start of the event 50, – €, in less than 20 days the full participation fee has to be paid. If the customer provides a substitute driver, the cancellation fees will be forfeited.
12.3 Cancellation by the organizer: In case of cancellation or cancellation of the event / training by the organizer for organizational reasons, the paid participation fee will be refunded in full. In the event of cancellation due to weather conditions, unforeseeable circumstances or force majeure, there is no entitlement to a refund of the participant fee. The event may be canceled or shortened by the organizer, even at short notice, if the minimum number of participants is not reached or for reasons which may hinder or prevent the execution of a safe event. The participation fee will only be refunded in case of cancellation in full; other expenses will not be reimbursed. In the event of cancellation or shortening of the event, no claims for damages can be asserted. Should the organizer cancel the training, he / she will inform the registered participants in good time. The organizer reserves the right to make program changes.
12.4 Liability: Participation in the event / training is at your own risk. With the conclusion of the participation agreement – except in cases of intent and gross negligence – the participants waive each other for compensation for any accidental damage, as far as they are not compensated by an insurance. If participants use a vehicle not registered in their name, the vehicle owner must be notified of the disclaimer and must also sign the application for a sign of his consent.
12.5 Other: The participant’s vehicle must be in a roadworthy condition and, in particular, have sufficient tire tread (at least 3 mm, for slicks sufficient material on the tire for a safe journey) as well as an appropriate tire pressure and the driving situation. The participant undertakes to wear a complete motorbike protective clothing made of leather as well as a full-face helmet approved by StVO, motorcycle gloves made of leather, a back protector and motorcycle boots. The participant also undertakes not to stand during the training under the influence of alcohol, drugs, medicines or other intoxicating substances that may impair or impair their ability to drive. The participant insures to be in possession of a valid driving license, which is required by law for the vehicle used. The instructions of the course instructor must be followed during the training. The rules of the Road Traffic Act (StVO) and the Road Traffic Licensing Regulations (StZVO) apply on the event site. If the participant fails to comply with one or more of the above conditions or violates them, the organizer or the person authorized by him is entitled to exclude the participant from the training. A claim for reimbursement of the participation fee does not exist in this case.
12.6 Should special conditions be granted on tires, accessories and other items in connection with one of our driver / race trainings, this discount can only be granted if the tire / accessory / other article is also used or used at the same event (in the Event Description is clearly pointed out). We reserve the right to inspect locally. If the tires / accessories / other items purchased at the special event price are not used or used on the booked event, we reserve the right to recalculate to the normal RRP price in the event of non-compliance.
Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit, die du unter https://ec.europa.eu/consumers/odr findest. Zur Teilnahme an einem Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle sind wir nicht verpflichtet und nicht bereit.