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Terms and Conditions Terms and Conditions
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  1. Order
    When ordering we assume you know and accept the following terms and conditions. Please indicate with each order the exact type and year of manufaturing of your motorcycle, so that we can process your order confound-free. Please always indicate your complete address and a telephone number, under which you are attainable during the day, if further inquiries should be necessary.

  2. Catalogue data and price lists
    Mistakes and typing errors can always occur. In these cases, please accept our rectification. All prices are indicated in euro. Price adjustments are reserved.

  3. Return consignment
    Returns must be agreed upon in advance by telephone or by email. Only post paid returns are accepted. Please understand that we cannot pay the higher unstamped postage. Please pay attention to careful packing! With justified objections we will replace the product and/or refund the purchase price and back postage.
    Returns due to unsatisfactory we regret. In this case we would really appreciate a more exact comment, in order to improve our products and our work in your interest. Unfortunately we cannot refund back postage then.

  4. Litigations
    Please act fairly with requirements which you want to announce. We will always try to treat you likewise and to satisfy you as our customer. We would like to avoid any judicial proceedings and would be pleased to acquire you as our pleased customer.


    5. Comments and suggestions are welcome to us at any time!


Terms and conditions of the company:

Guido Elsner & Oliver Myschi GbR
Talstraße 112
45475 Mülheim an der Ruhr
Germany
(called vendor in the following)

Note: The German version of these terms and conditions shall be considered as the only binding one. The English version is for reference only.

  1. Validity, defense clause
    1. These terms and conditions apply to the supply of goods, which the orderer (contracting party) ordered from the vendor. The orderer declares with his order the acknowledgment and the acceptance of these conditions.
    2. The appliance of any terms and conditions of the orderer is declined.
  2. Conclusion of a contract
    1. The contract for the supply of the orderer comes off with the entrance of the order. The vendor is entitled to refuse the acceptance of the contract at any time for an important reason (e.g. repeated undeliverability of goods, intentional wrong data, etc..)
    2. On a notification of acceptance of the orderer deviating from our offer a contract comes off only if this notification is in written form, contains an express reference to the deviation, and if we agreed to the deviation in written form.
  3. Pices
    1. The prices depend in each case on the valid price list of the vendor at the time of the conclusion of the contract.
  4. Order
    1. The orderer orders the goods wished by him from the vendor by email.
    2. The order is limited to consumption-usual quantities, if not agreed differently by the vendor.
  5. Packing
    1. The packing is calculated at cost prices. The packing price is not included in the price according to point 3.
    2. The packing is not taken back, if both at our place and at the place of the orderer or at the contractual place of delivery a system acc. to § 6 Sect. 3 of the german "regulation on the avoidance of packing wastes" of 12.06.1991 and if the responsible authority for the refuse economy has determined this by a general decree. The proof that the conditions specified in sentence 1 of these conditionss, under which we are not obligated to the redemption of the packing, are not present, is, as far as it concerns conditions at his place or at the place of delivery, incumbent to the orderer.
  6. Delivery time
    1. The duration of the delivery time depends on the arrangements made in individual cases.
    2. The delivery time begins with the order acceptance or confirmation of the vendor. If however for the execution of the order documents and/or material orders of the orderer are necessary, the delivery time starts if all documents and materials have been presented to us by the orderer.
    3. If the vendor cannot adhere to the agreed date of delivery due to causes of impediment, which he does not have to represent, then this will immediately be told to the orderer. If it cannot be foreseen in such a case, that a supply within an appropriate period, at the latest within four months, cannot be begun or continued, then both the vendor and the orderer can withdraw from the contract, if those causes of impediment still exist at expiration of four months since the report of the vendor. The vendor cannot withdraw, if the causes of impediment were already recognizable at the time of the conclusion of the contract, if they are not to be represented by the orderer. The orderer cannot withdraw, if he has to represent the causes of impediment.
    4. As causes of impediment in the sense of number 6.c are considered only the nondelivery by sub-suppliers which cannot be represented by the vendor, furthermore any consequences of internal or external operational disturbances, which can be caused by labor disputes as well as higher forces, the moreover one all causes of impediment, which the orderer has to represent.
  7. Delivery
    1. The delivery of the goods takes place to the address specified by the orderer. In the case of cash on delivery supplies the delivery address and the bill-to-address have to be identical.
    2. The delivery to the orderer is done by a delivery service, which the vendor considers as suitable. The costs of this delivery are not included in the prices according to number 3 and are debited to the orderer.
      3. If any delays or damages occur during the delivery, which the vendor is not responsible for, the orderer cannot claim any demands from the vendor.
  8. Completeness of the delivery
    1. The vendor does not take over adhesion for the completeness of the delivery. If any article desired by the orderer despite assured existence totally or partly cannot be supplied, the vendor will try to inform the orderer concerning this. If a trade-off with the orderer cannot take place, the articel that is totally or partly not available will be removed from the scope of supply and stated on the delivery note with the supplied quantity. The validity of the remaining order items is not affected by this.
  9. Payment
    1. The payment of the goods ordered from the vendor as well as the transport costs usually takes place before the delivery by bank transfer.
    2. If desired by the orderer the payment can also be done by cash on delivery with receipt of the goods directly with the delivery service. The additional costs arising from this are debited to the orderer.
  10. Retention of title
    1. The delivered goods remain property of the vendor up to the complete payment .
  11. Guarantee
    1. The vendor commits himself to ensure that the ordered goods are carefully packed and shipped. Obviously recognizable defects and/or complaints can be objected only immediately after receipt.
      2. Lack objections, which are to due to material defects or incorrect execution, are taken over by free replacement. For parts that are subject to natural wear the free replacement has a temporal limit. Any regulations by law remain unaffected.
  12. Haftung
    1. Any liability of the vendor due to the order procedure of the customer is limited to the purchase order value, if no intentional or roughly negligent behavior exists.
    2. The liability can only be taken with products, which were installed completely and according to the data of the vendor.
  13. Transfer of perils
    1. With the delivery ot the goods the perils - in the case of the fall or a damage of the goods - are passed to the orderer according to the terms of delivery of the delivery service.
  14. Duty to take care
    1. The orderer has to take care that all changes and re-equipment to vehicles participating in the public traffic correspond to the legal regulations and are registered into the registration papers if necessary .
    2. All requirements of the orderer or a third party against the vendor from accidents or damage of any kind are excluded.
  15. Data security
    1. Personal data of the orderer, which are necessary for the order handling, are stored on data media. The orderer declares his agreement to this.
    2. The offerer commits himself to treat all personal data confidentially and not to pass them on to a third party, if this is not necessary for the order handling.
  16. Legal form, place of fulfilment, area of jurisdiction
    1. For contracts with the vendor only german law applies.
    2. Place of fulfilment is Muelheim an der Ruhr, Germany.
    3. Area of jurisdiction is Muelheim an der Ruhr, Germany.
  17. Salvatori clause
    1. The inefficacy of individual regulations of a contract does not affect the effectiveness of the remaining regulations and the existence of the contract at all.
      2. The ineffective regulation shall be replaced by a regulation, which in its economic content is closest to the ineffective one.
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  Wednesday 08 February, 2012     402328 requests since Sunday 17 April, 2005