Terms and Conditions

Terms and Conditions (T&C) for the Online-Shop from Stiebinger Motorradbekleidung

Scope of application and provider

Conclusion of contract

Prices

Terms of payment; Default

Offsetting / right of retention

Delivery; Retention of Title

Transport damage

Redeeming promotion vouchers

Redeem voucher code

Warranty

Liability

Alternative dispute resolution

Final provision

1. Scope of application and provider

(1.1) These General Terms and Conditions apply to all orders placed with the online shop of Stiebinger Motorradbekleidung, Negrellistraße 38, 4600 Wels, Austria

Managing Director:

Thomas Stiebinger

(1.2) The range of goods in our online shop is aimed exclusively at buyers who have reached the age of 18.

(1.3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions shall therefore also apply to all future business relations with companies, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer that contradict our General Terms and Conditions is hereby already objected to.

(1.4) The contractual language is exclusively German.

2. Conclusion of contract

(2.1) The presentation of goods in the online shop does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop.

(2.2) By clicking the button ["Order now with obligation to pay" / "Buy"], you submit a binding offer to purchase (§ 145 BGB). Immediately before submitting this order, you can check the order again and correct it if necessary.

(2.3) After receipt of the purchase offer, you will receive an automatically generated e-mail with which we confirm that we have received your order (confirmation of receipt). This confirmation of receipt does not constitute acceptance of your purchase offer. A contract is not yet concluded by the confirmation of receipt.

(2.4) A purchase contract for the goods is only concluded when we expressly declare acceptance of the purchase offer (order confirmation) or when we dispatch the goods to you - without prior express declaration of acceptance. Exception: in the case of payment in advance and PayPal, the acceptance of the order takes place immediately with your order.

3. Prices

The prices stated on the product pages include the statutory value-added tax and other price components and do not include the respective shipping costs. Further information on shipping costs can be found on our website under ["Shipping methods"].

4. Terms of payment; Delay

Payment shall be made either:

EPS (ony for Austria),
Klarna Slice it,
Credit Card,
Paypal,
Apple Pay,
Sofort Banking,
Klarna Pay Now
Klarna Invoice (only for the Netherlands)
iDeal (only for the Netherlands)
Bancontact (only for Belgium)
TWINT (only for Switzerland)

via the payment provider Mollie.

(4.2) The selection of the respective available payment methods is incumbent upon us. In particular, we reserve the right to offer you only selected payment methods for payment, for example only advance payment to hedge our credit risk.

(4.3) If you select the advance payment method, we will provide you with our bank details in the order confirmation. The invoice amount is to be transferred to our account within 10 days after receipt of the order confirmation.

(4.4) If payment is made by cash on delivery, an additional fee of EUR 5 will be due, which the deliverer will charge locally. Further costs and taxes do not apply.

(4.5) When paying by credit card, the purchase price will be reserved on your credit card at the time of the order (authorisation). The actual charge to your credit card account will be made at the time we dispatch the goods to you.

(4.6) When paying with PayPal, you will be redirected to the website of the online provider PayPal during the ordering process. In order to pay the invoice amount via PayPal, you must be registered there or register first, legitimise yourself with your access data and confirm the payment instruction to us. After submitting the order in the shop, we request PayPal to initiate the payment transaction. You will receive further instructions during the ordering process. The payment transaction will be carried out automatically by PayPal immediately afterwards.

(4.7) If you pay by direct debit, you may be liable for any costs incurred as a result of a chargeback of a payment transaction due to insufficient funds in your account or due to incorrect bank details provided by you.

(4.8) If you are in default with a payment, you will be charged a reminder fee of EUR 20 for each reminder sent to you after the default has occurred, unless lower or higher damages are proven in individual cases.

(4.9) When paying with a payment method provided by Mollie (payment provider), you will be redirected to the website of the online provider Mollie during the ordering process. In particular, these are the following payment methods: Klarna Pay Now, Klarna Sofort, Klarna Ratenkauf, Klarna Rechnung, credit card, Apple Pay, iDeal, Bancontact or EPS. In order to be able to pay the invoice amount via one of the above-mentioned methods, you must, for certain methods, be registered there or register first, legitimise yourself with your access data and confirm the payment instruction to us. After placing the order in the shop, we will request Mollie to initiate the payment transaction. You will receive further instructions during the ordering process. The payment transaction will be carried out automatically by Mollie immediately afterwards.

5. Offsetting / right of retention

(5.1) You shall only have a right of set-off if your counterclaim has been legally established, is not disputed or acknowledged by us or is in a close synallagmatic relationship with our claim.

(5.2) You may only execute a right of retention if your counterclaim is based on the same contractual relationship.

6. Delivery; Retention of Title

(6.1) Unless otherwise agreed, the goods will be delivered from our warehouse to the address provided by you.

(6.2) Orders are only possible within the EU. This does not apply to Switzerland and Liechtenstein, as these are handled by MeinEinkauf Gmbh, which takes care of the costs, import and documents at customs.

(6.3) The goods remain our property until full payment of the purchase price.

(6.4) For deliveries to Switzerland and Liechtenstein, the purchase contract is concluded between the buyer and MeinEinkauf AG, St. Gallen (CHE-331.561.017 VAT). The latter also takes care of customs clearance, invoicing and delivery in Switzerland. This service is included in the purchase price and any shipping costs charged. MeinEinkauf GmbH in DE-Konstanz (DE285677365) is integrated into the retail chain to ensure smooth shipping. This does not incur any additional costs for the buyer.

(6.5) We are exceptionally not obliged to deliver the ordered goods if we have duly ordered the goods on our part but have not been supplied correctly or on time (congruent covering transaction). The prerequisite is that we are not responsible for the lack of availability of the goods and have informed you of this circumstance without delay. In addition, we must not have assumed the risk of procuring the ordered goods. In the case of corresponding unavailability of the goods, we will immediately reimburse you for any payments already made. We do not assume the risk of having to procure ordered goods (procurement risk). This also applies to orders for goods which are only described in terms of their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods ordered by us from our suppliers.

(6.6) Information on expected delivery times shall, to the extent legally permissible, be deemed to be declarations of knowledge and not binding commitments. The delivery time may vary depending on the availability of the item. For goods in stock, a delivery time of approx. 2 working days to 2 weeks is to be expected, depending on the order situation and the volume of the shipping service provider. For non-stocked products, the delivery time may vary up to approx. 3 weeks. In special cases, longer delivery times may occur. Sundays and public holidays are excluded from the applicable delivery time.

In this case, please contact us by telephone or e-mail.

E-Mail: info@stiebinger-motorradbekleidung.at
Telefone: 0664 3725509

Summer opening hours: (from mid-March)

Monday - Friday from 10:00 to 18:00

Saturday von 10:00 bis 13:00

Winter opening hours: (From October)

Monday from 10:00 to 18:00

Friday from 10:00 to 18:00

Saturday from 10:00 to 13:00

(6.6) If express delivery is ordered Mon-Fri by 14:00 (CET), delivery will take place on the next working day. In the event of a return, the costs for the additional express delivery will not be refunded. Hazardous goods cannot and will not be sent by express delivery, these include: Airbags, pressurised aerosol cans, etc.

(6.7) If you are an entrepreneur within the meaning of § 14 BGB (German Civil Code), the following shall apply in addition::

We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Before the transfer of ownership of the goods subject to retention of title, a pledge or transfer of ownership by way of security is not permitted.
You may resell the goods in the ordinary course of business. In this case you already now assign to us all claims in the amount of the invoice amount accruing to you from the resale. We accept the assignment, but you are authorised to collect the claims. Insofar as you do not properly fulfil your payment obligations, we reserve the right to collect claims ourselves.
If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
We undertake to release the securities to which we are entitled on request to the extent that the realisable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released shall be incumbent upon us.

(6.8) Partial deliveries are permissible.

(6.9)MeinEinkauf Gmbh

This applies primarily to orders to Switzerland or Liechtenstein.
CONTRACTUAL PARTIES: A contractual relationship regarding the ordered product exists exclusively between the user and Stiebinger Motorradbekleidung. For orders to Switzerland or Liechtenstein, a contractual relationship is also established with MeinEinkauf AG, St. Gallen.
CONCLUSION OF CONTRACT: The acceptance of the offer to conclude a purchase contract by Stiebinger Motorradbekleidung takes place by dispatch of the order or, in the case of orders from Switzerland or Liechtenstein, by dispatch by MeinEinkauf AG.
DELIVERY: The goods are delivered within Germany and the EU with our affiliated logistics partners, such as Post or DHL. Orders from Switzerland are processed via MeinEinkauf.ch. Delivery is fully duty paid at the final price stated in the shop [in EUR / CHF]. No additional import duties will be charged on delivery.
DATA PROTECTION: For orders from Switzerland, personal data will be transmitted to MeinEinkauf AG, St. Gallen for the purpose of customs clearance and fulfilment of the purchase in order to process the order.

7. Transport damage

(7.1) If goods are delivered with obvious transport damage, please complain about such defects immediately to the deliverer and contact us as soon as possible.

(7.2) Failure to make a complaint or contact us has no consequences for your statutory warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.

8. Redeeming promotion vouchers

(8.1) Vouchers which are issued free of charge by the Seller as part of promotions with a specific period of validity and which cannot be purchased by the Customer (hereinafter "Promotion Vouchers") can only be redeemed in the Seller's online shop and only during the specified promotion period.

(8.2) Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotion voucher.

(8.3) Promotion vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

(8.4) Only one promotional voucher can be redeemed per order.

(8.5) The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.

(8.6) If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.

(8.7) The credit balance of a promotional voucher is neither paid out in cash nor does it bear interest.

(8.8) The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of withdrawal.

(8.9) The promotional voucher is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the promotional voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity or lack of representative authority of the respective holder.

9. Redeem voucher code

(9.1) Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

(9.2) Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.

(9.3) If the value of the Gift Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.

(9.4) The balance of a Gift Voucher will not be paid out in cash or earn interest.

(9.5) The gift voucher is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the Gift Voucher in the Seller's online shop. This shall not apply if the Seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity or lack of representative authority of the respective holder.

(9.6) If the customer returns the goods paid for in full or in part with the gift voucher within the scope of his statutory right of revocation, the credit balance will again be refunded as a gift voucher. refunded as a gift voucher. If the purchased gift voucher is returned - without being If the purchased gift voucher is returned - without being used - within the framework of the statutory right of withdrawal, the purchase price of this gift voucher will be refunded to the customer.

10. Warranty

(10.1) Unless expressly agreed otherwise, your warranty claims shall be governed by the statutory provisions of the law on sales (§§ 433 et seq. BGB).

(10.2) If you are a consumer within the meaning of § 13 BGB (German Civil Code), the period of liability for warranty claims for used items is - in deviation from the statutory provisions - one year. This limitation does not apply to claims based on damages resulting from injury to life, body or health or from the breach of an essential contractual obligation, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the contractual partner may regularly rely (cardinal obligation) as well as to claims based on other damages which are based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.

(10.3) In all other respects, the statutory provisions shall apply to the warranty, in particular the two-year limitation period pursuant to Section 438 (1) No. 3 BGB.

(10.4) If you are an entrepreneur within the meaning of § 14 BGB (German Civil Code), the statutory provisions apply with the following modifications:

Only our own specifications and the manufacturer's product description are binding for the quality of the goods, but not public promotions and statements and other advertising by the manufacturer.
You are obliged to examine the goods immediately and with due care for deviations in quality and quantity and to notify us of obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This shall also apply to hidden defects discovered at a later date. The assertion of warranty claims shall be excluded in the event of a breach of the duty to inspect and give notice of defects.
In the event of defects, we shall, at our discretion, provide warranty by rectification of the defect or replacement delivery (subsequent performance). In the event of subsequent improvement, we do not have to bear the increased costs incurred by transporting the goods to a place other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
If the supplementary performance fails twice, you can demand a reduction or withdraw from the contract at your discretion.
The warranty period is one year from delivery of the goods.

11. Liability

(11.1) Unlimited liability: We are liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. We shall be liable for slight negligence in the event of damage resulting from injury to the life, body and health of persons. (2) In all other respects, the following limited liability shall apply: In the event of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which you may regularly rely (cardinal obligation). The liability for slight negligence is limited to the amount of the damages foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability also applies in favour of our vicarious agents.

12. Alternative dispute resolution

The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to initially resolve disputes in connection with their online order without having to go to court. The dispute resolution platform can be accessed via the external link http://ec.europa.eu/consumers/odr/.

We will endeavour to resolve any disagreements arising from our contract amicably. Furthermore, we are not obliged to participate in a dispute resolution procedure and unfortunately cannot offer you participation in such a procedure.

13. Final provision

(13.1) Should one or more provisions of these T&C be or become invalid, this shall not affect the validity of the remaining provisions.

(13.2) Contracts between us and you shall be governed exclusively by Austrian law to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention"). Mandatory provisions of the country in which you usually reside shall remain unaffected by the choice of law.

(13.3) If you are a merchant, a legal entity under public law or a special fund under public law, our place of business shall be the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.