General terms and conditions of business

1.

General information

For all deliveries, including those from future business transactions, the following terms and conditions shall apply exclusively. Should purchasing conditions or other terms and conditions of purchase of the buyer or customer deviate from these, they shall only apply if they have been expressly confirmed by us in writing. Orders are accepted under these terms and conditions of sale and delivery if they have been confirmed by us in writing. The order is deemed to be accepted upon receipt of our order confirmation. The contract is concluded at the time of receipt under the conditions stated in the order confirmation. Telephone or other information is only binding after corresponding written confirmation.

2.

Shipping

Shipment is made at the best discretion of the seller, usually no later than 14 days after the buyer's order confirmation, but without guarantee for the cheapest shipment. In all cases, shipment shall be made at the expense of the buyer, purchaser or recipient. If no other method of payment has been agreed upon, the shipment will be made against advance payment by online transfer, PayPal payment, immediate transfer or cash on delivery. We do not charge shipping costs within Germany for orders with a value of goods of 200.00 € or more. With cash on delivery there are always cash on delivery fees of 6,50 Euro. We deliver our goods to all EU countries as well as to Switzerland and Liechtenstein. As a basis of the forwarding expenses the DHL parcel tariffs of the German post office valid at the time of the order, or the in each case valid DPD parcel tariffs of the German parcel service are valid in the country to be delivered. Possible special tariffs (e.g. island surcharge etc.) are to be inquired separately, as well as shipments to countries which are not part of the EU, except Switzerland and Liechtenstein. Shipments to countries that do not belong to the EU: All customs duties incurred in the country to be shipped are to be borne by the buyer. The postage costs for shipments to countries outside the EU include only the fees for the export license. Orders to Switzerland and Liechtenstein up to max. 999,--€ order value per order. Orders above a purchase value of 1.000,-- € require an export declaration already at the German customs. The fees for this are much higher than the postage costs.

3.

Prices and payments

Prices are set in EURO. The prices stated in the order confirmation shall apply.

The minimum order value is 15,-- €, purchases whose invoice amount subsequently changes below the minimum order value will be charged with a minimum quantity surcharge of 6,-- €. If there are more than 3 months between the conclusion of the contract and the agreed delivery date (more than 6 weeks for merchants), the prices valid on the day of delivery will be charged. All prices are valid from our warehouse and do not include freight costs. Our sales prices are inclusive of the respectively valid value added tax (except Switzerland and Liechtenstein). We reserve the right to change prices if material prices, wages, exchange rates or other costs that we cannot influence increase. Packaging is charged at a share of the cost price. Unless another method of payment has been agreed in writing, the invoice amount shall be charged without any deduction for delivery by cash on delivery, advance payment or cash payment on collection. Any bank charges incurred for foreign bank transfers are to be borne by the buyer without restriction and are to be taken into account already when making the transfer. For first-time orders only prepayment, immediate transfer, PayPal or cash on delivery is possible.

4.

Execution of goods

A slight deviation in form, colour and function is reserved. Descriptions and illustrations are only approximate. Changes or improvements which serve the technical progress can be made without prior notice.

The add-on and conversion parts supplied by us generally require technical and specialist knowledge. We therefore recommend that attachment and conversion work should only be carried out by trained specialists.

5.

Residues

If an ordered article is not in stock, we will automatically deliver the article later. The subsequent delivery will be made as soon as possible. The backlog will be deleted automatically after 3 months. The customer bears the shipping costs, but no packaging is charged for pure subsequent deliveries. If you do not wish to receive subsequent deliveries, please indicate this directly when ordering.

In case of cancellations, please indicate your customer number, order, item and article number.

6.

Right of return / return shipments

If the seller is a consumer within the meaning of § 13 BGB, he has an unlimited right of return without giving reasons.

The buyer can inform the seller of your decision to revoke this contract by means of a clear statement (e.g. a letter, fax or e-mail sent by post). The request to take back the goods must be made in writing or on another permanent data carrier.

The buyer bears the costs of the return. The postage and shipping costs incurred will be reimbursed to the buyer within the FRG, provided that the delivered goods are demonstrably defective, or the buyer is entitled to return the goods due to a circumstance for which the seller is responsible on the basis of these terms and conditions of sale and delivery. Otherwise, the buyer can be charged with the costs of restocking in the amount of 10% of the value of the goods, but at least EURO 6,-- per item, in the event of a return delivery, without prejudice to the possibility of claiming higher damages. The customer can return the received goods without giving reasons within two weeks by sending back the goods. The period begins at the earliest upon receipt of the goods and this instruction. The timely dispatch of the request for return suffices to comply with the time limit. Parcels sent by customers carriage forward will not be accepted. The right of return expires if the buyer does not send the clear request for return to the seller within 14 days after delivery of the goods. For the period preservation the timely dispatch is sufficient. A right of return is excluded if the delivered goods were manufactured according to the information and specifications of the consumer.

7.

Reservation of proprietary rights

We reserve title to all goods delivered by us until all claims, including future and conditional claims, arising from the business relationship with us and our affiliated companies have been satisfied.

8.

Guarantee / warranty

The buyer is obliged to check the received goods immediately after receipt for obvious damages and to claim defects or damages of the goods immediately in writing. Complaints that are neither due to a defect of the delivered goods nor to a fault of the seller must also be reported to the seller in writing. Warranty claims are excluded if

... the goods delivered by us have been repaired or otherwise processed/assembled by others.

... there is natural wear and tear or damage that can be attributed to improper handling or an accident.

... there are customary deviations from the standard of the delivered goods.

... there is only an insignificant reduction in the value or suitability of our delivery or service.

Warranty claims are further excluded if the buyer does not give notice of defects within 8 days after delivery.
In the case of hidden defects and transactions with non-merchants, the period for giving notice of defects is 6 months from delivery. The warranty claim is limited to rectification of defects or replacement, at our discretion. If the buyer is a non-merchant, he has the right to withdraw from the contract if rectification or replacement delivery is not possible in the long term. If the assertion of a warranty claim is not obviously unfounded from the outset, rejected articles will be sent to the supplying factory and examined there. Justified warranty claims against us shall only become due after the supplier has completed its inspection.

If goods are delivered with regard to a warranty claim before the defect complained about has been checked, this delivery is considered as a complaint substitute, which will be charged. If the complaint is fully or partially justified, the claimant will receive a corresponding credit note.

9.

Liability

If no special provisions are contained elsewhere in these General Terms and Conditions of Business, claims for damages by our customers and their customers are excluded, regardless of the legal grounds (e.g. non-performance, impossibility, delay, positive breach of contract and breach of obligations during contract negotiations, tortious acts, settlement between joint and several debtors, etc.), if we and/or our legal representatives and executive staff cannot be charged with intent and/or gross negligence. Any liability is excluded for damages based on slight negligence, which also applies to the personal liability of our legal representatives, employees and other vicarious agents. Shipping costs and shipping risk of the goods complained about as well as in case of replacement delivery shall be borne by the buyer.

10.

Operating licences and approvals

We sell both TÜV-approved and non-approved articles in the sense of the StVZO (export, racing and show purposes, etc.) TÜV-certified articles are explicitly identified as such in the article description, articles in whose description no ABE or TÜV certificate is mentioned, are sold and delivered without the claim to registration suitability. For articles without TÜV certificate or ABE the examination of an individual approval, if necessary, is at the expense of the buyer and without assurance of success of an individual approval.

11.

Alternative dispute resolution according to Art. 14 para. 1 ODR-VO and § 36 VSBG

The European Commission provides an Online Dispute Resolution (OS) platform, which you can find here http://ec.europa.eu/consumers/odr/. We are not obliged to participate in dispute resolution proceedings before a consumer arbitration board.

12.

Place of performance and jurisdiction

Place of performance for delivery and payment is the respective place of business of the seller, place of jurisdiction for all disputes arising from the contractual relationship as well as the business relationship, also in cheque and bill of exchange proceedings, is also the respective place of business of the seller. Agreements made by telephone or verbally must be in writing to be valid. The invalidity of individual provisions shall not affect the legal validity of the remaining provisions of these General Terms and Conditions.

13.

Reservation addition

All prices, order numbers as well as illustrations and product descriptions are subject to possible changes, errors and alterations in technical and optical terms.

14.

Copyright

The copyright is with ZRtec, Sägemühlenweg 39, 21481 Lauenburg. All brand names mentioned by us, such as Harley Davidson®, Yamaha, Honda, Kawasaki, Suzuki, as well as various model names and descriptions, all other brand names mentioned are for reference purposes only and are in no way connected to Cruiser-Customparts. All other mentioned and here not listed trademarks or registered trademarks are property of the respective brand owners. The names Harley-Davidson®, Honda, Kawasaki, Suzuki, Yamaha, as well as various model names and model descriptions are mentioned for reference purposes only and have no connection to Cruiser-Customparts. All other brand names or trademarks or registered trademarks mentioned in this catalogue are the property of their respective owners.