Conditions of Use
| § 1. Company |
| § 2. Order / Delivery |
| § 3. Delayed Delivery |
| § 4. Methods of Payment Germany |
| § 5. Methods of Payment Foreign Countries |
| § 6. Reservation of Proprietary Rights |
| § 7. Prices |
| § 8. Guarantees |
| § 9. Liability |
| § 10. Complaints |
| § 11. Contact Times |
| § 12. Purchase Returns |
§ 13. Purchase Returns Policy |
| § 14. Data Privacy |
| § 15. Severabilty Clause |
§ 1. Company
Company Motorradhaus Bohling und Eisele & Co. GmbH
Eisenbahnstrasse 40, 76228 Karlsruhe
Managers: Mr. Carsten Schmidt and Mr. Martin Uhl
Register Court Mannheim HRB-NR. 105739
VAT- Id-Nr.: DE143585488
For questions concerning orders, invoices, returns and complaints please contact our
employees under +49 (0) 721 7 90 77 88, via fax under +49 (0)721 7 90 77 85 or via email shop@bohling-eisele.de
§ 2. Order / Delivery
With the consignment of your order you enter a contract of purchase comprising the
total amount of your order under applicability of our "Conditions of Use".
We principally
deliver via post to your home address.
Delivery to a post-office box or poste restante is
impossible.
There is no minimum order value for private customers. For commercial customers a
minimum order value can be defined.
Standard shipping fees for foreign European countries
For all countries not mentioned above the actual shipping costs will be charged!
As far as
possible we effect delivery within 1 week, unless longer delivery times have explicitly been
agreed upon. In the case of subsequent alterations of a contract, a new delivery time must
be agreed upon. The one-week period of delivery does not apply for products that are not
usually kept in stock, neither does it apply for special requests of the customer or custom-
made products ordered by the customer. In those cases the delivery time will be agreed
upon individually.
The customer may withdraw from the contract of purchase provided that
we are in default with the delivery of the ordered goods by more than four weeks or
provided that it is impossible for us to deliver due to personal negligence. Excluded hereof
are delays in delivery due to force majeure reasons (strikes, changing import restrictions,
etc.)
The order is a binding offer. We may choose to accept this offer either by sending an
order confirmation within a period of two weeks, counting from the declaration of the offer
(submission date), or by sending the ordered goods to the purchaser within that period. Failing that, the offer will be considered as declined.
A claim of performance is explicitly
impossible.
§ 3. Delayed Delivery
Inside Germany you will receive additional deliveries that have to be made due to backorders
free of shipping and packing charges, potential mail charges as for example cash on
delivery fees
will be immediately deducted from the invoice amount.
§ 4. Methods of Payment Germany
Advance Payment
Please transfer the invoice amount to the following bank account:
Fa. Bohling und Eisele & Co. GmbH
LBBW-Bank
Account Nr: 7495509731
Bank Code Nr.: 60050101
Cash on Delivery (only possible for german delivery addresses)
When receiving the delivery you will have to pay the invoice amount plus a cash on delivery
fee
in the amount of EUR 7,95,- as well as a postal money order fee in the amount of EUR 2,-
(as of 10/04)
paid to the post. Due to legal reasons deliveries to persons under the age of
18 can only be effected
via cash on delivery.
Payment by PayPal
Our PayPal account is: paypal@bohling-eisele.de
Payment by credit card is not possible at the moment.
§ 5. Methods of Payment Foreign Countries
At the moment deliveries to customers from foreign countries can only be effected on
advance payment.
For advance payment please transfer the invoice amount to the following
bank account indicating the intended
purpose specified on the order form:
Fa. Bohling und Eisele & Co. GmbH
IBAN: DE29 6005 0101 7495 5097 31
BIC/SWIFT: SOLA DE ST (some countries use "SOLADESTxxx")
Bank: LBBW-Bank
Payment by PayPal
Our PayPal account is: paypal@bohling-eisele.de
Payment by credit card is not possible at the moment.
§ 6. Reservation of Proprietary Rights
In all cases the sent goods will remain our property until we have received the full payment.
§ 7. Prices
The indicated prices are recommended retail prices in EUR,
including value-added tax,
excluding shipping costs.The prices are open prices.
The sent goods will remain property
of the Motorradhaus Bohling und Eisele & Co. GmbH until we have received the full payment.
We explicitely reserve the right for impossibility to deliver, price changes, changes of models,
patterns and colours due to
product development as well as misapprehension.
Furthermore, printing errors
may occur.
§ 8. Guarantees
The provision of the law applies to your order. In the case of goods that are defective on
delivery to you,
you as the purchaser accordingly have the right to claim supplementary
performance in the form of correction
of faults or delivery of a good that is free of faults.
If, however, disproportionately high costs arise due to the selected mode of supplementary
performance,
we will be entitled to refuse to accept this mode and select the alternative
mode as far as that alternative
mode does not involve disproportionately high costs itself.
According to the law, the guarantee period lasts for two years counting from the day of
delivery of the goods
to you as our customer. For goods indicated as used or second-hand,
the guarantee period lasts for one year
counting from the day of delivery of the goods.
Please remember to immediately inform us in written form about occuring faults; this always
includes sending
us your original receipt.
§ 9. Liability
We exclude our liability for negligent violations of duty as long as they do not
relate to
essential contractual obligations, damages due to injury to life, body
or health, guarantees,
or claims according to the product liability law. The same
applies to violations of duty by our
agents and subcontractors.
§ 10. Complaints
In order to claim mistakes and faulty or damaged products, please contact our staff
immediately after you have discovered those mistakes, faults or damages.
You may do so via correspondence (fax or letter) or directly at our company site.
Important: For the processing of your claims we will need your receipt.
Our contractors can only process your claims or make repairs if the products are
clean and not dirty or stained!
§ 11. Contact Times
We can best be reached during our business hours from Monday to Friday
from 09:00AM to 05:00PM.
§ 12. Purchase Returns
We will only accept "postage paid" purchase returns - this means that the postal charges
are to be paid by the addressor. Please indicate the reason for the purchase return,
this gives us
the opportunity to eliminate weak spots and to improve our service.
§ 13. Purchase Returns Policy
Cancellation Policy:
Provided that you are acting as a consumer, you may – without giving reasons – withdraw
from your contract within one month either in writing (e.g. letter, fax, email) or through a
purchase return. This cancellation policy will be separately transmitted to you once more
in writing. The cancellation period begins on the day following the day on which you
received the goods and the cancellation policy in writing. In order for you to adhere to the
cancellation period, it will be sufficient to either submit the cancellation statement or to
dispatch the purchase return up until the last day of the cancellation period.
The cancellation statement has to be addressed to:
Motorradhaus Bohling und Eisele & Co. GmbH
Eisenbahnstraße 40
76229 Karlsruhe
GERMANY
E-Mail: shop@bohling-eisele.de
Fax: +49 (0) 721 / 7 90 77 85
Consequences of a cancellation
In case of an effective cancellation the services and payments received on both sides
and – where applicable – drawn benefits (e.g. interest) have to be refunded. If you fail
to return the goods or part of the goods or if you return the goods in a worse condition than
they were when they were sent to you, you will have to render a compensation payment to
us.
This does not apply to the degradation of the goods caused by the mere inspection of
those
goods – to the same extent to which this inspection would have been possible in the
retail
shop – or the intended use of those goods.
Mailable goods are to be sent back at our risk (i.e. at risk of the receiver), non-mailable
goods
will be picked up at your address.
You will have to bear the full costs of the purchase
return, if the delivered goods comply with
the ordered goods and if the price of the returned
goods does not exceed the amount of 40 Euros,
or if – in case of a higher price of the goods
at the time of the cancellation – you have not yet
effected the payment or an instalment as
provided in the contract.
In any other case the purchase return is free of charge.
Your obligation to reimburse payments will have to be fulfilled within 30 days after the
submission
of your cancellation statement.
End of the cancellation policy
§ 14. Data Privacy
We will save the data necessary for the processing of your order.
If necessary, we will - within the framework of processing your order – pass on
saved data to cooperating
companies. All personal data will of course be treated
as confidential.
For the purpose of credit assessment we make use of data interchange with
other service
providing companies and – where appropriate – the Schufa.
In the course of this, your
interests worth being protected will be taken into consideration.
Please note: As long as we
have saved your data, you will receive brochures on special offers,
invitations and bulletins
sent directly to your home address. In case you do not want to have
them sent to you
anymore, please let us know under the address mentioned above. We will then
immediately
refrain from sending you any further mailings.
§ 15. Severability Clause
In case single provisions of these Conditions of Use are void or
become void, all other provisions will be unaffected hereof.
as of 10/08/2011
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