General business terms with customer information
Table of contents
- Scope of validity
- Conclusion of contract
- Right of withdrawal
- Terms of pricing and payment
- Condititions of sales and delivery
- Retention of title
- Special conditions for the perception of goods according to certain customer specifications
- Special conditions for repairings
- Encashment of promotional voucher
- Applicable law
- Alternative dispute resolution
1.1 These General Terms and Conditions (hereinafter “GTC”) of David Widmann, acting under “NCT-Motorcycles” (hereinafter “Seller”), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “customer”) also concludes the seller with regard to the goods presented by the seller in his online shop. We hereby object to the inclusion of the customer’s own terms, unless otherwise agreed.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity. Entrepreneur in the sense of these terms and conditions is a natural or legal person or a legal partnership that acts in the course of a legal transaction in the exercise of its commercial or independent professional activity.
2) Conclusion of contract
2.1The product descriptions contained in the online shop of the seller are not binding offers on the part of the seller, but serve to make a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated in the seller’s online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart by clicking the button that concludes the ordering process. The customer can also submit the offer to the seller by phone, email, post or online contact form.
2.3 The seller can accept the customer’s offer within five days.
- By sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive, or
- By delivering the ordered goods to the customer, whereby the access of the goods to the customer is decisive, or
- by asking the customer to pay after placing his order.
If several of the aforementioned alternatives are available, the contract is concluded if one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. The contract is concluded when one of the the aforementioned alternatives occur first. If the seller does not accept the customer’s offer within the aforementioned period, this is considered to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.
2.4 When submitting an offer via the seller’s online order form, the contract text is saved by the seller after the contract is concluded and sent to the customer in text form (e.g. email, fax or letter) after the order has been sent. The seller will not make the contract text accessible beyond this. If the customer has set up a user account in the seller’s online shop prior to submitting his order, the order data will be archived on the seller’s website and can be accessed free of charge by the customer’s password-protected user account, specifying the corresponding login data.
2.5 Before the binding submission of the order via the seller’s online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser’s zoom function, which is used to enlarge the display on the screen. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.Browsers, which are used to enlarge the display on the screen.
2.6 For the conclusion of the contract the only possible language available is german.
2.7 Order processing and contacting usually take place via email and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. Hme usually take place via e-mail and automated order processing. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned with the order processing can be delivered.
3) Right of withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of cancellation can be found in the seller’s cancellation policy.
4) Terms of sales and payment
4.1 Unless otherwise stated in the seller’s product description, the prices quoted are total prices that include VAT. Any additional delivery and shipping costs incurred are specified separately in the respective product description.
4.2For deliveries to countries outside the European Union, additional costs may arise in individual cases, which the seller is not responsible for and which are borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also arise in relation to the money transfer if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the customer in the seller’s online shop.
4.4 If prepayment has been agreed by bank transfer, payment is due immediately after the contract is concluded, unless the parties have agreed a later due date.
4.6 If the SEPA direct debit payment method is selected, the invoice amount is due for payment after a SEPA direct debit mandate has been issued, but not before the deadline for prior information has expired. The direct debit is collected when the ordered goods leave the seller’s warehouse, but not before the expiry of the deadline for advance information. Preliminary information (“Pre-Notification”) is every message (e.g. invoice, policy, contract) from the seller to the customer that announces a debit by SEPA direct debit. If the direct debit is not redeemed due to insufficient account funds or due to the provision of an incorrect bank account or if the customer objects to the debit, although he is not authorized to do so, the customer must bear the fees arising from the chargeback of the respective credit institution if he is responsible for this .
5) Delivery and shipping conditions
5.1 The delivery of goods takes place on the way to the delivery address provided by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller’s order processing is decisive.
5.2 If the delivery of the goods fails for reasons for which the customer is responsible for, the customer bears the reasonable costs incurred by the seller. This does not apply with regard to the costs for the shipment if the customer effectively exercises his right of cancellation. If the customer effectively exercises the right of cancellation, the return shipping costs are governed by the rules set out in the seller’s cancellation policy.
5.3 In the case of self-collection, the seller first informs the customer by email that the goods he has ordered are ready for collection. After receiving this email, the customer can collect the goods from the seller’s headquarters after consulting the seller. In this case, no shipping costs will be charged.
6) Retention of title
If the seller makes advance payment, he reserves ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability of defects (warranty)
7.1 If the purchased item is defective, the provisions of the statutory liability for defects apply.
7.2 The customer is asked to complain to the deliverer about goods delivered with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on his legal or contractual claims for defects.
8) Special conditions for the processing of goods according to certain specifications of the customer
8.1If, according to the content of the contract, the seller also owes the processing of the goods according to certain specifications of the customer in addition to the delivery of the goods, the customer has to the operator all the content required for processing such as text, images or graphics in the file formats, formats, and to provide file sizes and to grant him the necessary usage rights. The customer is solely responsible for the procurement and acquisition of rights to this content. The customer declares and assumes responsibility for having the right to use the content provided to the seller. In particular, he ensures that no third-party rights are infringed, in particular copyrights, trademarks and personal rights.
8.2 The customer releases the seller from third party claims, which they can assert in connection with a violation of their rights through the contractual use of the customer’s content by the seller. The customer also assumes the reasonable costs of the necessary legal defense, including all legal and legal costs in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of claims by third parties, the customer is obliged to provide the seller with all information that is necessary for the examination of the claims and a defense without delay, truthfully and completely.
8.3 The seller reserves the right to reject processing orders if the content provided by the customer violates legal or official prohibitions or is contrary to common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth-endangering and / or violence-glorifying content.
9) Special conditions for repair services
If, according to the content of the contract, the seller is obliged to repair a customer’s item, the following applies:
9.1 Repair services are performed at the seller’s registered office.
9.2 The seller provides his services either at his own discretion or through qualified personnel selected by him. The seller can also use the services of third parties (subcontractors) who work on his behalf. Unless otherwise stated in the seller’s service description, the customer is not entitled to select a specific person to perform the desired service.
9.3 The customer must provide the seller with all the information necessary for the repair of the item, provided that the procurement does not fall within the seller’s duties according to the content of the contract. In particular, the customer has to provide the seller with a comprehensive description of the error and to inform him of all the circumstances that may be the cause of the detected error.
9.4 Unless otherwise agreed, the customer must send the item to be repaired to the seller’s registered office at his own expense and risk. The seller recommends that the customer take out transport insurance. The seller also recommends that the customer send the item in suitable transport packaging in order to reduce the risk of transport damage and to hide the contents of the packaging. The seller will immediately inform the customer of any obvious transport damage so that the customer can assert his or her existing rights against the carrier.
9.5 The goods are returned at the customer’s expense. The risk of accidental loss and accidental deterioration of the item passes to the customer when the item is handed over to a suitable transport person at the seller’s place of business. At the request of the customer, the seller will take out transport insurance for the matter.
9.6 The customer can also bring the item to be repaired to the location of the seller and collect it again if this results from the seller’s specification of services or if the parties have agreed accordingly. In this case, the above regulations regarding the cost and risk transfer when shipping and returning the item apply accordingly.
9.7 The aforementioned regulations do not limit the customer’s statutory rights to defects in the event of purchase of goods from the seller.
9.8 The seller is liable for defects in the repair service provided in accordance with the statutory liability for defects.
10) Redemption of promotional vouchers
10.1 Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and that cannot be purchased by the customer (hereinafter “promotional vouchers”) can only be redeemed in the seller’s online shop and only during the specified period.
10.2 Promotional vouchers can only be redeemed by consumers.
10.3 Individual products can be excluded from the voucher campaign if there is a corresponding restriction in the content of the campaign voucher.
10.4 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
10.5 Only one promotional voucher can be redeemed per order.
10.6 The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
10.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to pay the difference.
10.8 The credit of a promotional voucher is neither paid out in cash nor interest.
10.9 DThe promotional voucher will not be reimbursed if the customer returns all or part of the goods paid for with the promotional voucher within the scope of his statutory right of withdrawal.
10.10 The promotional voucher is transferable. The seller can provide a liberating effect to the respective owner who redeems 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, incapacity for business or the lack of authorization to represent the respective owner.
11) Applicable law
The law of the Republic of Austria applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer is habitually resident.
12) Alternative dispute resolution
12.1 The EU Commission provides a platform for online dispute resolution under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.
12.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.