Terms & Conditions of the bmc-scooter.com
UG (haftungsbeschränkt)

Version: 03.09.2017

§ 1 Area of
Coverage

Transaction and delivery of our products will
be effected exclusively on the following terms of use in the version that is
valid at the time of the order. Terms of use from the customer, which differ
from the following terms of use do not apply. The following terms of use are
also exclusively valid if we unconditionally carry out the delivery and service
despite being aware of conditions from the customer that differ from the
following terms of use.

§ 2
Contracting Party, Language, Applicable Law

The contracting party is bmc-scooter.com UG
(haftungsbeschränkt), Lerchenauer Str. 124a, 80809 Munich, Germany. The
contract language is english. German law is applicable, excluding UN Convention
on Contracts for the International Sale of Goods.

§ 3
Conclusion of Contract

Your order represents an offer for closing a
purchase contract with us. When you place an order on bmc-scooter.com, we will
send you an e-mail confirming the receipt of your order (order confirmation).
This order confirmation does not represent an acceptance of your offer, but
should inform you that your order has reached us. A purchase contract is in
effect when we have sent you the ordered product and confirm the shipment in a
second e-mail (shipment confirmation). There is no purchase contract for
products from one and the same order, which are not listed in the shipment
confirmation.

§ 4 Delivery

Unless agreed upon differently, the delivery is
carried out from the bmc-scooter.com stock to the address provided by the
customer. On our website, you will find information on the stock availability
of individual products. It should be noted that all information on
availability, shipment and delivery of a product is merely estimated
information and an approximate value. It does not represent binding or
guaranteed shipment or delivery dates, except if the delivery options of a
particular product explicitly specify a binding date. In the event that during
the processing of your order bmc-scooter.com determines that products you have
ordered are not available, you will be separately informed per e-mail. In the
event that we are unable to deliver the ordered goods, because our distributor
does not fulfill his contractual obligations, we are entitled to rescind the
contract with the customer. In this case, the customer will immediately be
informed that the ordered product is not available. The legal entitlements of
the customer remain intact. In the event that a delivery to the customer is not
possible because the customer cannot be reached at the address provided, the
customer carries the costs for the unsuccessful delivery.

 

§ 6 Due Date
and Payment, Delay

The customer can pay the purchase price by
using PayPal, direct bank transfer or cash on delivery. The payment is to be
made in the currency that appears on the invoice.

The ordered products will be sent to the
address provided in the order confirmation.

§ 7 Price

All prices include the applicable value added
tax. Shipping costs are quoted separately.

§ 8
Reservation of Proprietary Rights

Until payment has been completed, the delivered
goods remain property of bmc-scooter.com UG (haftungsbeschränkt).

§ 9 Liability
for defects

In the event of a defect product, statutory
provisions apply. The assignment of the customer’s claims is ruled out. If the
subsequent performance takes place during the compensation delivery, the
customer is obligated to return the initially delivered goods within 10
days. 

The reshipment of the defect goods must take
place according to statutory provisions. bmc-scooter.com UG
(haftungsbeschränkt) reserves the right to assert compensation for damages
according to the conditions regulated by law. The statutory period of
limitations is two years, counted from the date of delivery.

Moreover, bmc-scooter.com is liable for the
negligent breach of essential aspects, the breach of which endangers attaining
the purpose of the contract, or for the breach of obligations whose
implementation allows for the proper execution of the contract and the
adherence to which you depend on. In this case, bmc-scooter.com UG
(haftungsbeschränkt) is only liable for damages that are foreseeable and
typical for this type of contract.

bmc-scooter.com UG (haftungsbeschränkt)is not
liable for the negligent breach of obligations that are not mentioned in the
preceding paragraphs. The above mentioned limitations of liability are not
applicable for damage to life, body or health, for defects arising after the
acceptance of a guarantee for the quality of the product and for willfully
concealed defects. The liability according to the product liability law remains
unaffected.

To the extent that bmc-scooter.com UG (haftungsbeschränkt)’s
liability is excluded or limited, this also applies to the personal liability
of employees, representatives and auxiliary persons.

§10
Processing and Use of Our Customer’s Personal Information

We save, process and use the personal data you
provide on the order form, in order to execute the order. We give some of this
information to the contracted shipping companies for the execution of the
order. On written request, you will receive, free of charge, a list of the data
we have saved regarding your person. We will adjust any incorrectly saved data
upon your written request. As far as you comply with a utilization of your
personal data that is not already legal, you can revoke this compliance at any
time.

§ 11 Force
Majeure

In the event that we are prevented from
fulfilling our obligations due to a force majeure or other circumstances beyond
our control, we assume no liability. 

If cases of force majeure or other
circumstances beyond our control lead to a delay, we will fulfill our obligations
as soon as it reasonably possibly under the circumstance.