General Terms and Conditions
General terms and conditions and customer information
I. General terms and conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to all contracts that you conclude with us as a supplier (Friedrich Epple GmbH) via the www.motorroller.de website. Unless otherwise agreed, the inclusion of your own terms and conditions, if applicable, is contradicted.
(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is any natural or legal person or a legal partnership who, when concluding a legal transaction, acts in their independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods and / or the provision of repair services.
(2) As soon as the respective product is posted on our website, we are submitting a binding offer to conclude a contract under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows: The goods and / or repair services intended for purchase are stored in the "shopping cart". You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time. After calling up the "Checkout" page and entering your personal data as well as the terms of payment and shipping, all of the order data will then be displayed again on the order overview page. If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Postpay, Sofort) as a payment method, you will either be taken to the order overview page in our online shop or you will first be taken to the website of the provider of the instant payment system forwarded. If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. You will then be directed back to the order overview page in our online shop. Before submitting the order, you have the option here to check all the details again, to change them (also via the "back" function of the Internet browser) or to cancel the purchase. By submitting the order using the "buy" button, you are declaring the legally binding Acceptance of the offer, whereby the contract is concluded.
(4) Your inquiries to prepare an offer are non-binding for you. We will make you a binding offer in text form (e.g. by email), which you can accept within 5 days.
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and, in particular, is not prevented by SPAM filters.
§ 3.1 Provision of services for repairs
(1) Insofar as repair services are the subject of the contract, we owe the repair work resulting from the service description. We provide this to the best of our knowledge and belief, personally or through third parties.
(2) You are obliged to cooperate, in particular you have to describe the existing defect in the device as comprehensively as possible and make the defective device available.
(3) You bear the costs of sending the defective device to us.
§ 3.2 Cost estimate
(1) The client can be charged for the preparation of a cost estimate.
(2) Taking into account the commercial and technical aspects, all work and spare parts are listed in detail in the cost estimate.
(3) A fee of 15% of the fixed repair value is charged for the preparation of a cost estimate. If the client wishes a detailed report with a professional opinion and photo documentation, the fee for this is 20% of the determined damage amount.
(4) If the client issues a repair order based on the cost estimate or expert opinion, 15% will be deducted from the invoice amount.
(5) The materials required when the order is placed within the scope of the cost estimate, such as paint, travel costs and assembly work, etc. will be invoiced separately to the client.
§ 3.3 Delivered parts
(1) The spare parts ordered by the client will be assembled if possible.
(2) Should the spare parts prove to be unsuitable or faulty, this is not the responsibility of the contractor. In this case, the resulting additional costs are to be borne by the client.
§ 3.4 Test drives
(1) The repair order authorizes the contractor to carry out test drives or test runs with motor vehicles and assemblies. This also includes transfer trips with test drive or transfer license plates, if necessary.
§ 4 right of retention, retention of title
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) Insofar as accessories or spare parts supplied or installed by the contractor are not essential components of the subject matter of the order, the contractor retains ownership of them until full and incontestable payment has been made.
(4) The contractor is entitled to a right of retention on the customer's object of repair due to his claims arising from the order in question. This applies to the necessary effort and from the damage caused by it as well as for the material deliveries made.
(5) If the customer has already given repairs to the same repair item earlier, the right of retention also applies to its claims.
(6) Only after the claims have been paid in full can the contractor carry out instructions from the client as to how the item to be repaired is to be disposed of in a certain way.
§ 5 Warranty
(1) The statutory warranty rights apply.
(2) In the case of used items, the warranty period is one year from delivery of the item, in deviation from the statutory provisions. The shortening of the deadline does not apply:
- culpably caused damage attributable to us from injury to life, body or health and other damage caused intentionally or through gross negligence; - as far as we have fraudulently concealed the defect or have given a guarantee for the quality of the item.
(3) As a consumer, you are requested to check the item for completeness, obvious defects and transport damage immediately upon delivery and to notify us and the freight forwarder of any complaints as soon as possible. If you fail to do so, this has no effect on your statutory warranty claims.
§ 6 Choice of law, place of performance, place of jurisdiction
(1) German law applies. For consumers, this choice of law only applies insofar as this does not remove the protection granted by mandatory provisions of the law of the state in which the consumer is habitually resident (favourability principle).
(2) The place of performance for all services from the business relationships with us and the place of jurisdiction is our registered office, provided you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual residence is not known at the time the action is brought. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention expressly do not apply.
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II. Customer information
1. Identity of the seller
Friedrich Epple GmbH Ortsstrasse 23 64678 Lindenfels Glattbach Germany Phone: 06255-30030 E-Mail: info@motorroller.de
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at www.ec.europa.eu/consumers/odr
2. Information on the formation of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "Conclusion of the contract" in our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. The contract language is German.
3.2. We do not save the full text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out using the browser's print function or saved electronically. After we have received the order, the order data, the information required by law for distance selling contracts and the general terms and conditions will be sent to you again by email.
3.3. For requests for offers outside of the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by email, which you can print out or save electronically.
4. Codes of Conduct
4.1. We have submitted to the code of honor of Trusted Shops GmbH, which can be viewed at: http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.
5. Essential characteristics of the product or service
The essential characteristics of the goods and / or services can be found in the respective offer.
6. Prices and payment methods
6.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
6.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly labeled button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.
6.3. If the delivery is made to countries outside the European Union, we may incur additional costs for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you. You must also bear any costs incurred for the transfer of money in cases in which the delivery is made to an EU member state, but the payment has been initiated outside the European Union.
6.4. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.
6.5. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
7. Terms of delivery
7.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
7.2. As far as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment is only transferred to you when the goods are handed over, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person appointed to carry out the shipment.
8. Statutory warranty rights
Liability for defects is based on the "Warranty" provision in our General Terms and Conditions (Part I).
Notes on battery disposal
In connection with the sale of batteries or with the delivery of devices that contain batteries, we are obliged to inform you of the following: You are legally obliged to return used batteries as the end user. You can return old batteries that we have or have carried in our range as new batteries free of charge to our dispatch warehouse (dispatch address). The symbols shown on the batteries have the following meanings: The symbol of the crossed-out wheeled bin means that the battery must not be thrown into the household waste. Pb = battery contains more than 0.004 percent lead Cd = battery contains more than 0.002 percent cadmium Hg = battery contains more than 0.0005 percent mercury.
Special cases when selling starter batteries
In connection with the sale of vehicle batteries, if you are end users according to Section 10 BattG, we are obliged to collect a deposit of 7.50 euros per vehicle battery including sales tax if you do not return an old vehicle battery at the time of purchasing a new vehicle battery . The deposit is not included in the purchase price and is shown on the item next to the final price.
If you return an old vehicle battery to us that we carry or have carried in our range as a new battery in accordance with Section 9 BattG, we are obliged, within the framework of the statutory provisions, to take it back free of charge and to reimburse the deposit amount. Insofar as we have issued a deposit token in accordance with Section 10, Paragraph 1, Clause 3 of the BattG, the reimbursement of the deposit upon return of the old vehicle battery depends on the return of the deposit token.
Drop off location is listed in the Contacts address.
A return of the old battery by post is not permitted due to the dangerous goods ordinance.
Alternatively, old vehicle batteries can also be handed in free of charge at recycling centers. The deposit we collect will not be reimbursed by the public recycling centers. However, there you have the option of having the return of the old vehicle battery confirmed on the deposit sticker. You will receive the battery deposit back from us on presentation of the acknowledged deposit token.</>
Please note the above instructions.
These terms and conditions and customer information were created by the lawyers of the Händlerbund who specialize in IT law and are permanently checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information on this at: https://www.haendlerbund.de/agb-service
Information on data protection according to EU GDPR
Our company regularly checks your creditworthiness when concluding contracts and in certain cases in which there is a legitimate interest, also with existing customers. To do this, we work with Creditreform Boniversum GmbH, Hellersbergstrasse 11, 41460 Neuss, from whom we receive the data we need. For this purpose, we will send your name and contact details to Creditreform Boniversum GmbH. The information in accordance with Article 14 of the EU General Data Protection Regulation on data processing at Creditreform Boniversum GmbH can be found here: www.boniversum.de/EU-DSGVO