AGB

motogadget GmbH, Wollenberger Str. 4 i/j, D-13053 Berlin, Germany

Table of contents
1. Scope of application
2. Conclusion of contract
3. Voluntary return policy
4. Prices, sales tax and terms of payment
5. Delivery and shipping conditions
6. Import duties, taxes and customs
7. Retention of title
8. Product information, installation and use
9. Limited warranty and defects
10. Liability
11. Redemption of promotional vouchers
12. Redemption of gift vouchers
13. Applicable law
14. Place of jurisdiction
15. Alternative dispute resolution
16. Export control, sanctions and restricted destinations
17. Privacy policy
18. Final provisions

 

1) Scope of application

1.1. These General Terms and Conditions for Consumers in the United States, hereinafter referred to as "GTC", of motogadget GmbH, Wollenberger Str. 4 i/j, D-13053 Berlin, Germany, hereinafter referred to as "Seller", shall apply to all contracts concluded between the Seller and customers who are consumers residing in the United States of America, hereinafter referred to as "Customer", relating to goods and/or services presented in the Seller's online store for the United States.
1.2. The Seller is a company incorporated and registered in Germany. The contractual seller is motogadget GmbH in Germany. No separate U.S. corporation, limited liability company or other U.S. contracting entity is the seller of the goods, unless expressly stated otherwise in writing.
1.3. These GTC shall apply exclusively to purchases made by consumers for personal, family or household purposes. They shall not apply to dealers, resellers, distributors, workshops or other business customers purchasing goods for resale, installation for third parties or other commercial purposes.
1.4. A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity.
1.5. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed in writing.
1.6. These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise agreed.
1.7. Mandatory consumer protection provisions applicable at the Customer's place of residence shall remain unaffected if and to the extent they may not be excluded or limited by agreement.
1.8. The Seller may use a U.S. fulfillment warehouse, logistics service provider or third-party warehouse in Michigan for storage and shipment of goods. Such use does not create a separate U.S. seller, branch, subsidiary, agent for service of process or contracting party for the Customer.

 

2) Conclusion of contract

2.1. The product descriptions contained in the Seller's online store do not constitute binding offers on the part of the
Seller, but serve for the submission of a binding offer by the Customer.
2.2. The Customer can submit the offer via the online order form integrated into the Seller's online store. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.
2.3. The Seller may accept the Customer's offer within five days by sending the Customer a written order confirmation or
an order confirmation in text form by email, by delivering the ordered goods to the Customer, or by requesting
payment from the Customer after the order has been placed. If several of these alternatives exist, the contract is concluded at the point in time at which one of them occurs first.
2.4. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection
of the offer with the consequence that the Customer is no longer bound by the order.
2.5. If a payment method offered by PayPal is selected, payment processing is handled by PayPal subject to the
applicable PayPal terms and conditions.
2.6. If a payment method offered via Shopify Payments is selected, payment processing is handled by the relevant
payment service provider. The specific payment methods offered via Shopify Payments are communicated to the
Customer in the Seller's online store.
2.7. When submitting an offer via the Seller's online order form, the text of the contract is saved by the Seller after the
contract is concluded and sent to the Customer in text form, for example by email. If the Customer has set up a
user account in the Seller's online store before sending the order, the order data may also be archived in the
Customer account and can be accessed by the Customer via the password-protected user account.
2.8. Before submitting a binding order via the Seller's online order form, the Customer can recognize possible input
errors by carefully reading the information displayed on the screen. The Customer can correct entries during the
electronic ordering process using the usual keyboard and mouse functions until clicking the button that completes
the ordering process.
2.9. Order processing and contact are generally carried out by email and automated order processing. The Customer
must ensure that the email address provided for order processing is correct so that emails sent by the Seller or by
third parties commissioned by the Seller to process the order can be received at this address.

 

3) Voluntary return policy

3.1. The Seller grants Customers in the United States a voluntary return option for eligible goods within 14 days of
delivery, unless otherwise stated in the product description, checkout information or a separate return policy.
3.2. To request a return, the Customer must contact the Seller within 14 days of delivery and request return
authorization. Returns may require a return merchandise authorization or other return instructions issued by the
Seller. Goods returned without prior authorization may be refused or processing may be delayed.
3.3. Items must be in new, unused condition and in original packaging. Returned goods must be complete, undamaged
and include all accessories, manuals, labels, protective materials and any other items originally supplied with the
product. The Customer is responsible for ensuring that the goods are packed securely for return shipment.
The voluntary return policy does not apply to the following goods:
• goods that have been installed, mounted, used, damaged, modified or altered;
• goods showing signs of wear, scratches, electrical connection marks, soldering marks, adhesive residue or other handling beyond inspection;
• electronic components, electrical parts, circuit boards, control units, wiring harnesses, connectors, sensors, switches, relays, LEDs and similar components if they have been opened, connected, installed, modified or otherwise used;
• custom-made, personalized, modified or special-order goods;
• goods manufactured or configured according to the Customer's specifications;
• sealed goods that are not suitable for return for health protection, hygiene, safety or quality-control reasons if the seal has been removed after delivery;
• software, digital content, downloads, activation codes, licenses, vouchers or services already provided, unless otherwise required by mandatory law;
• goods expressly marked as final sale, clearance, discontinued, used, refurbished, demo item, sample item or non-returnable at the time of purchase.
3.4. Unless otherwise required by mandatory law or expressly agreed by the Seller, the Customer bears the cost and
risk of return shipment. The Seller recommends using a trackable and insured shipping method.
3.5. If the returned goods meet the requirements of this voluntary return policy, the Seller will refund the eligible purchase price paid for the returned goods using the original payment method, unless otherwise agreed. A restocking fee of 10% of the purchase price will be deducted from the refund for all returned items, unless prohibited by applicable law. Original shipping costs, express shipping charges, handling fees, customs duties, import taxes, brokerage fees and other third-party charges are not refundable, unless the return is due to an error by the Seller or mandatory law provides otherwise.
3.6. The Seller may reduce or refuse a refund if the returned goods are incomplete, damaged, used, installed, modified, not in original packaging or otherwise not in new and resalable condition.
3.7. The requirements for voluntary returns, including original packaging and new condition, do not limit or replace any rights the Customer may have under mandatory applicable law or under the Seller's limited warranty. Warranty claims may be handled separately from voluntary returns.

 

4) Prices, sales tax and terms of payment

 

4.1. Unless otherwise stated in the Seller's product description, the prices quoted in the United States online store are in U.S. dollars.
4.2. Prices displayed in the online store do not include sales tax, use tax, import duties, customs charges, brokerage fees or similar charges unless expressly stated otherwise.
4.3. Applicable sales tax will be calculated and collected at checkout where required by applicable U.S. state and local tax laws, based on the delivery address and the Seller's tax obligations. The Seller may collect sales tax in states where it has a tax registration, nexus or other legal obligation to do so.
4.4. If an order is shipped directly from Germany, import duties, customs charges, brokerage fees, carrier fees, use tax or other governmental charges may apply unless expressly stated otherwise during checkout. Such charges may be collected by carriers, customs authorities, tax authorities or other third parties and may not be included in the purchase price or shipping costs.
4.5. Any additional delivery and shipping costs will be indicated separately in the respective product description, during checkout or in the Seller's shipping information.
4.6. The payment option(s) available to the Customer will be communicated in the Seller's online store.
4.7. Unless otherwise agreed, payment is due immediately upon conclusion of the contract.
4.8. If payment by credit card, PayPal, Shop Pay, Apple Pay, Google Pay, Klarna or any other third-party payment method is selected, payment processing is handled by the respective payment service provider and may be subject to that provider's terms and conditions.
4.9. The Seller reserves the right to refuse or cancel orders in cases of suspected fraud, unauthorized payment use, incorrect pricing, incorrect product information, unavailability of goods, export restrictions or other legitimate reasons. If payment has already been made and the order is canceled by the Seller, the Seller will refund the amount paid without undue delay.
4.10. The Customer is responsible for ensuring that all payment information provided is accurate and that the Customer is authorized to use the selected payment method.

5) Delivery and shipping conditions

 

5.1. Delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing is decisive for the processing of the transaction.
5.2. Orders are generally fulfilled from the Seller's U.S. fulfillment warehouse in Michigan. If goods are not available there, or if logistical, availability or operational reasons make it appropriate, the Seller may ship goods directly from Germany to the Customer in the United States. The shipping origin may vary depending on stock availability and logistical requirements.
5.3. If the payment method PayPal or another third-party payment provider is selected, the delivery address provided by the Customer during the respective payment process may be decisive if required by the payment provider's rules.
5.4. Delivery times stated in the online store or during checkout are estimates unless expressly confirmed as binding. Delivery times may vary depending on availability, shipping origin, destination, carrier, customs processing, weather conditions, holidays or other circumstances outside the Seller's control.
5.5. If goods are shipped directly from Germany, delivery times may be longer and may be affected by customs clearance, carrier processing or import formalities.
5.6. If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This may include additional shipping costs, return shipping costs, storage fees, customs charges, handling fees or costs for a new shipment.
5.7. Risk of loss and damage to the goods passes to the Customer upon delivery to the Customer or to a person authorized by the Customer to receive the goods, unless mandatory applicable law provides otherwise.
5.8. If the Customer requests shipment to a freight forwarder, parcel forwarding service, hotel, temporary address, pickup point or other third-party recipient, the Seller shall not be responsible for loss, damage, delay or misdelivery occurring after delivery to such recipient, unless mandatory law provides otherwise.
5.9. The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply if the Seller is not responsible for the non-delivery and has concluded a specific covering transaction with the supplier with due care. In the event of non-availability or only partial availability of the goods, the Customer shall be informed without undue delay and any consideration already paid shall be refunded.
5.10. Self-collection is not possible for logistical reasons.

 

6) Import duties, taxes and customs

6.1. Orders fulfilled from the Seller's U.S. fulfillment warehouse in Michigan are shipped domestically within the United States. In such cases, no import duties or customs clearance are normally required for delivery to the Customer within the United States.
6.2. If products are not available at the U.S. fulfillment warehouse, or if logistical, availability or operational reasons make it appropriate, the Seller may ship products directly from Germany to the Customer in the United States.
6.3. For shipments from Germany, import duties, customs charges, brokerage fees, carrier fees, sales tax, use tax or other governmental charges may be incurred. Unless expressly stated otherwise during checkout, such charges are not included in the purchase price or shipping costs and shall be borne by the Customer.
6.4. The Customer is responsible for complying with all applicable import, customs and tax regulations and for providing all information required for customs clearance, where applicable.
6.5. The Seller is not responsible for delays caused by customs authorities, carriers, inspections, incorrect or incomplete import information, unpaid import charges or other circumstances outside the Seller's control.
6.6. If a shipment is refused, not collected, returned due to unpaid import charges or otherwise returned for reasons attributable to the Customer, the Seller may deduct reasonable shipping, return shipping, customs, handling and processing costs from any refund, unless mandatory law provides otherwise.
6.7. Any sales tax collected by the Seller at checkout does not necessarily include or replace import duties, customs charges, brokerage fees, carrier fees, use tax or other charges that may apply to shipments from Germany, unless expressly stated otherwise during checkout.

7) Retention of title

7.1. If the Seller makes advance delivery before full payment has been received, the Seller retains title to the delivered goods until the purchase price owed has been paid in full.
7.2. The Customer may not pledge, transfer ownership of, resell or otherwise dispose of goods subject to retention of title before full payment has been made.

8) Product information, installation and use

8.1. Product descriptions, images, drawings, technical specifications, dimensions, weights, performance data and other information in the online store are provided with reasonable care. Minor deviations in appearance, color, packaging, design, technical details or scope of delivery may occur, provided they are reasonable for the Customer and do not materially impair the contractual use of the goods.
8.2. The Seller reserves the right to change prices, appearance, design, scope of delivery, technical specifications and availability at any time before conclusion of the contract.
8.3. Many products offered by the Seller are technical motorcycle, vehicle, electronic or accessory products. Proper installation, connection, configuration and use may require technical knowledge, suitable tools and compliance with the operating instructions.
8.4. The Customer is responsible for ensuring that goods are suitable for the intended vehicle, application and place of use before installation. Compatibility information in the online store does not release the Customer from checking the specific vehicle, installation situation and applicable regulations.
8.5. Installation must be carried out in accordance with the product instructions and, where appropriate, by qualified personnel. Incorrect installation, incorrect electrical connection, modification, improper use, use outside the specified application or use with incompatible components may cause malfunction, damage, injury or loss of warranty rights.
8.6. The Customer is responsible for compliance with all applicable federal, state and local laws, regulations and vehicle requirements, including road traffic, lighting, safety, registration, inspection and emissions requirements. Not all products may be approved or suitable for use on public roads in all jurisdictions.
8.7. Information concerning approvals, markings, certificates or regulatory compliance applies only to the product and scope expressly described by the Seller and may be subject to specific installation and use requirements.

9) Limited warranty and defects

9.1. Unless otherwise stated in the product description, on the product packaging or in a separate warranty statement, the Seller provides a limited warranty to the original consumer purchaser that the goods sold by the Seller are free from defects in material and workmanship at the time of delivery and for a period of 24 months from the date of delivery. This Limited Warranty covers defects in materials and workmanship only.
9.2. This limited warranty applies only to goods purchased directly from the Seller's online store and only to the original consumer purchaser. Proof of purchase may be required.
9.3. In the event of a defect covered by this limited warranty, the Seller may, at its reasonable discretion and as the Customer's exclusive remedy under this limited warranty, repair the defective goods, replace the defective goods or refund the purchase price paid for the defective goods.
9.4. The limited warranty does not cover defects, damage or malfunction caused by:
• normal wear and tear;
• improper installation, improper connection or incorrect handling;
• use contrary to the operating instructions;
• modification, alteration, repair or attempted repair not authorized by the Seller;
• accident, crash, impact, vibration beyond normal use, abuse or neglect;
• exposure to unsuitable chemicals, cleaning agents, fuels, oils, solvents, excessive heat, moisture or environmental conditions beyond the product specification;
• use in racing, competition, off-road use or other extreme applications unless expressly approved for such use;
• use with incompatible vehicles, accessories, components, wiring, batteries or power supplies;
• cosmetic damage that does not affect functionality.
9.5. To make a warranty claim, the Customer must contact the Seller and provide a description of the defect, proof of purchase and, if requested, photographs, videos or other documentation reasonably required to assess the claim. The Seller may require the goods to be returned for inspection before approving a warranty remedy.
9.6. If inspection shows that the goods are not defective or that the defect is not covered by this limited warranty, the Seller may reject the claim and may charge reasonable costs for inspection, return shipment or further handling, to the extent permitted by law.
9.7. Any replacement or repaired goods shall be covered for the remaining period of the original warranty period or for 90 days from delivery of the replacement or repaired goods, whichever period is longer, unless mandatory law provides otherwise.
9.8. Except as expressly provided in these GTC or in a separate written warranty statement, and to the maximum extent permitted by applicable law, the Seller disclaims all other warranties, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose and non-infringement. Some states do not allow limitations on implied warranties, so the above limitation may not apply to all Customers.
9.9. This limited warranty gives the Customer specific legal rights. The Customer may also have other rights which vary from state to state.
9.10. Certain states, including California, may provide additional consumer or warranty rights that cannot be waived, limited or excluded. Nothing in these GTC limits or excludes rights that may not be limited or excluded under mandatory applicable law.

10) Liability

10.1. The Seller shall be liable without limitation in cases of intent or gross negligence, injury to life, body or health caused by the Seller, and in all other cases in which liability may not be limited or excluded under mandatory applicable law.
10.2. In cases of simple negligence, the Seller shall only be liable for breach of material contractual obligations. Material contractual obligations are obligations whose fulfillment makes proper performance of the contract possible in the first place and on compliance with which the Customer may regularly rely. In such cases, liability shall be limited to the foreseeable damage typical for the contract, to the extent permitted by applicable law.
10.3. To the maximum extent permitted by applicable law, the Seller shall not be liable for indirect, incidental, special, consequential, punitive or exemplary damages, including loss of profits, loss of revenue, loss of use, loss of data, loss of goodwill, costs of substitute goods, vehicle downtime, towing costs, workshop costs, travel costs or damage to other property, unless caused by the Seller's intent or gross negligence or unless liability may not be limited by law.
10.4. The Seller shall not be liable for damage caused by improper installation, improper use, modification, misuse, use contrary to the instructions, use in violation of applicable laws or use with incompatible components.
10.5. The above limitations of liability shall also apply with regard to the Seller's employees, representatives, agents, suppliers, warehouse providers, fulfillment providers and vicarious agents.
10.6. Some states do not allow the exclusion or limitation of incidental or consequential damages. In such cases, the Seller's liability shall be limited to the greatest extent permitted by applicable law.
10.7. Nothing in these GTC shall be interpreted as excluding or limiting mandatory product liability, liability for personal injury or other liability that cannot be excluded or limited under applicable law.

11) Redemption of promotional vouchers

11.1. Vouchers issued free of charge by the Seller as part of promotions with a specific period of validity and which cannot be purchased by the Customer, hereinafter referred to as "promotional vouchers", can only be redeemed in the Seller's online store and only during the specified period.
11.2. Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
11.3. Individual products may be excluded from a voucher promotion if a corresponding restriction results from the content of the promotional voucher.
11.4. Only one promotional voucher can be redeemed per order, unless otherwise stated.
11.5. If the promotional voucher refers to a specific value and not to a percentage discount, 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.
11.6. 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 settle the difference.
11.7. The balance of a promotional voucher is neither paid out in cash nor does it bear interest.
11.8. The promotional voucher will not be refunded if the Customer returns goods paid for in full or in part with the promotional voucher, unless mandatory law provides otherwise.
11.9. The promotional voucher is transferable unless otherwise stated. The Seller can make payment with discharging effect to the respective holder who redeems the promotional voucher in the Seller's online store. This does not apply if the Seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of power of representation of the respective holder.

12) Redemption of gift vouchers

12.1. Vouchers that can be purchased via the Seller's online store, hereinafter referred to as "gift vouchers", can only be redeemed in the Seller's online store, unless otherwise stated in the voucher.
12.2. Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
12.3. Several gift vouchers can be redeemed with one order.
12.4. Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers, unless otherwise stated.
12.5. If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be selected to settle the difference.
12.6. The balance of a gift voucher is neither paid out in cash nor does it bear interest.
12.7. Gift vouchers remain valid for the maximum period required under applicable law.
12.8. The gift voucher is only intended for use by the person named on it, unless otherwise stated. The Seller is entitled, but not obliged, to check the material eligibility of the respective gift voucher holder.

13) Applicable law

13.1. The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws governing international conflicts of law.
13.2. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
13.3. In the case of Customers residing in the United States, this choice of law shall apply only insofar as the protection granted by mandatory provisions of the law of the state or country in which the Customer has their habitual residence is not withdrawn.
13.4. Mandatory consumer protection, warranty, product liability, tax, customs, import and other mandatory provisions applicable at the Customer's place of residence, place of delivery or place of use shall remain unaffected to the extent they cannot be excluded by agreement.
13.5. Place of performance for the Seller's contractual obligations is Berlin, Germany, unless mandatory applicable law provides otherwise or unless the nature of the obligation requires performance elsewhere.

14) Place of jurisdiction

14.1. To the maximum extent permitted by applicable law, the exclusive place of jurisdiction for all disputes arising out of or in connection with contracts concluded under these GTC shall be the registered office of the Seller in Berlin, Germany.
14.2. The Customer agrees that any claim, dispute or legal proceeding arising out of or in connection with the purchase of goods from the Seller shall be brought exclusively before the competent courts at the Seller's registered office in Germany, unless mandatory applicable consumer protection law provides otherwise.
14.3. The Seller shall also be entitled, at its discretion, to bring legal action against the Customer at the Customer's place of residence or before any other competent court.
14.4. Any mandatory statutory place of jurisdiction for consumer claims that cannot be excluded by agreement shall remain unaffected.
14.5. Nothing in this section limits mandatory consumer rights under applicable U.S. federal or state law to the extent such rights cannot be waived by agreement.

15) Alternative dispute resolution

15.1. The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
15.2. Customers may contact the Seller directly before initiating legal proceedings in order to seek an amicable solution. The Seller will make reasonable efforts to review and respond to complaints submitted with sufficient information.
15.3. Nothing in this section limits any rights the Customer may have under mandatory applicable law.

16) Export control, sanctions and restricted destinations

16.1. The Customer shall comply with all applicable export control, sanctions, embargo and trade compliance laws and regulations, including those of the United States, the European Union and Germany, to the extent applicable.
16.2. Products purchased from the Seller may not be exported, re-exported, transferred or used in violation of applicable export control or sanctions laws, including restrictions administered by competent U.S., EU or German authorities.
16.3. The Seller may refuse, suspend or cancel an order if the Seller has reasonable grounds to believe that fulfilling the order would violate export control, sanctions, embargo or other trade compliance requirements. If payment has already been made and the order is canceled for such reason, the Seller will refund the amount paid to the extent legally permissible.

17) Privacy policy

17.1. The processing of personal data in connection with the online store, order processing, payment processing, shipping, customer service, warranty handling and marketing is described in the Seller's Privacy Policy.
17.2. The Customer should review the Privacy Policy available in the Seller's online store. These GTC do not replace the Privacy Policy.

18) Final provisions

18.1. If individual provisions of these GTC are or become invalid, unlawful or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid, unlawful or unenforceable provision shall be replaced by the applicable statutory provision.
18.2. The Seller may update these GTC from time to time. The version applicable at the time of the Customer's order shall apply to the respective contract.
18.3. Legally relevant declarations and notices by the Customer with regard to the contract, including warranty claims, return requests or complaints, should be submitted to:
motogadget GmbH Wollenberger Str. 4 i/j D-13053 Berlin Germany Email: sales@motogadget.de