General terms and conditions
for shipping orders in our online shop
The general terms and conditions govern the conclusion of the contract, duties of the ktm-versand.de online shop and the customer as well as the processing of contracts between the customer and the ktm-versand.de online shop.
Subject of the general terms and conditions is the regulation of the terms of contract for all contracts of the ktm-versand.de online shop (provider) with the customer. The general terms and conditions apply in the version valid at the time of the conclusion of the contract.
The offers of the ktm-versand.de online shop are non-binding.
By clicking on the order button "Confirm your order" the customer declares binding to the provider to purchase the contents of the shopping cart and thus gives a binding order of the goods contained in the shopping cart.
The confirmation of receipt of the order follows immediately after the order has been sent.
The purchase contract is concluded with our delivery confirmation or delivery of the goods.
In cases of writing, printing and calculation errors on the website the ktm-versand.de online shop is entitled to withdraw.
If, in cases of force majeure, the service is impossible without the fault of the provider, the provider is entitled to withdraw.
If the supplier of the ktm-versand.de online shop does not deliver the ordered goods despite the contractual obligations, the ktm-versand.de online shop is also entitled to withdraw.
In this case the customer will be informed immediately that the ordered product is not available.
The already paid purchase price will be refunded immediately.
The withdrawal will be made in writing.
The written form is preserved by sending an email.
The customer is obliged to provide truthful information when registering.
If customer data changes - in particular name, address, email address, telephone number - the customer is obliged to notify the provider of the change without delay by changing the information.
If the customer omits this information or if he gives incorrect data from the outset - in particular a false email address - the provider may, if a contract has been concluded, withdraw from the contract.
The withdrawal will be made in writing.
The written form is also preserved by sending an email.
Immediately after completing an order the provider sends an email containing order informations to the email address provided by the customer when registering. The customer undertakes to inform the provider without delay by email if he/she did not receive the confirmation email containing the order informations within 24 hours after the order.
The customer must ensure that the email account specified by him/her is reachable from the time of submission, and the receipt of emails is not excluded due to forwarding, decommissioning or overcrowding of the email account.
The inaccuracy of the information is assumed to be the case if an email addressed to the customer returns three times in succession or the service can not be provided due to a faulty address.
(A consumer is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed.)
You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods. In order to exercise your right of withdrawal, you must notify us
(KTM RAU - Eberhard Rau, Wilhelm-Maybach-Str. 4, 72505 Krauchenwies, Germany,
Telephone: +49 7576 9629380; Fax: +49 7576 9629381, eMail: firstname.lastname@example.org)
by means of a clear statement (such as a letter sent by post, fax or email)
of your decision to withdraw from this contract.
You can use the attached model withdrawal form, which is not required. You can electronically complete and submit the model withdrawal form or any other unequivocal statement on our website (www.ktm-versand.de).
If you make use of this option, we will promptly (e.g. by email) send you a confirmation of the receipt of such revocation.
In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
If you withdraw from this contract, we have to repay all payments we have received from you, including delivery charges (except for the additional costs arising from your choosing a different delivery method than the standard delivery offered by us) immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us.
For this repayment we will use the same method of payment as you used in the original transaction, unless it is expressly agreed otherwise with you. In no case you will you be charged with repayment fees.
The right of withdrawal does not exist with contracts
» for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
» for the delivery of goods that can spoil quickly or whose expiration date would quickly be exceeded,
» for the delivery of sealed goods that are not suitable for return for reasons of health or hygiene, if their seal has been removed after delivery,
» for the delivery of goods, if, due to their nature, they were inseparably mixed with other goods after delivery,
» for the supply of alcoholic beverages, the price of which was agreed at the time of the conclusion of the contract, but which can not be delivered until 30 days after conclusion of the contract and whose current value depends on fluctuations in the market over which the entrepreneur has no influence.
» for the delivery of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery
» for the delivery of newspapers, magazines or magazines with the exception of subscription contracts.
The purchase price is due immediately with order without deduction, unless invoice or cash on delivery is agreed.
The customer is automatically in default if the payment is not paid 14 days after receipt of the invoice.
In case of default, the statutory default interest (5% above base rate) will be charged. If a higher default interest arose, the provider is entitled to assert this.
The customer is only entitled to offset if his counterclaims have been legally established or if they have been recognized by the provider.
The customer can exercise a right of retention only if his counterclaim is based on the same contractual relationship.
Shipping costs apply to deliveries of goods.
The provider requires in the conclusion of a contractual relationship, in principle, shipping and delivery costs, except for pickup in our dispatch center.
The amount of shipping costs can be found in the current overview.
The delivered goods remain the property of the provider until full payment of the purchase price, regardless of the expiry of the withdrawal period.
Pledges or chattel mortgages of the object of purchase before complete payment are inadmissible. In the case of attachment or other interventions by third parties, the customer must inform the provider immediately in writing. Costs and damages of such access are allocated to the customer.
The obligation to complain complies with the statutory provisions in accordance with the following provisions. The customer is obliged to check the received goods for obvious mistakes.
If he finds obvious errors, he must notify the provider within 14 days.
If he fails to do so, he can no longer assert any warranty claims against the provider because of these errors.
The provider is not liable for errors caused by the customer. This also applies to normal wear and tear. The exercise of the right of withdrawal by the customer remains unaffected.
In the case of a defect of the goods, the supplier carries out a subsequent delivery or repair at the customer's option.
If the repair finally fails or if the subsequently delivered goods are also defective, then the customer can demand the return of the goods against reimbursement of the agreed price.
An assurance of properties for goods does not exist.
The description of the goods and services does not constitute an assurance of properties.
We are liable within the scope of the legal warranty for defects in new goods for a period of two years, for defects in used goods for a period of one year, starting from the delivery of the goods.
The same period also applies to claims for compensation for consequential damage, insofar as no claims are made in tort. Defects in the sense of the preceding paragraph shall apply to deviations in the object of sale from the manual or the operation described therein, or deviations from the conventional use of the object of sale, as far as these deviations affect the suitability of the object of purchase for normal use.
In the case of used goods, typical wear and tear is no defect. Liability according to mandatory statutory provisions remains unaffected.
If there is a defect in the delivery of the purchased item, the customer is entitled to demand supplementary performance, this means his option to demand removal of defects or delivery of a defect-free product.
We can refuse the chosen type of supplementary performance if it is only possible with disproportionate effort.
If the customer has unsuccessfully set a reasonable deadline for supplementary performance, he is entitled to withdraw from the contract, to claim damages or to reduce the purchase price.
If we have already provided a partial service, the customer can only withdraw from the entire contract or demand compensation if he no longer has any interest in the partial service.
In the case of an insignificant defect, the withdrawal is excluded.
Liability for slightly negligent breaches of duty is excluded, as far as these do not concern essential contractual obligations, damages from injuries of the life, the body or the health or guarantees, which are affected claims from the product liability law.
The same applies to breaches of duty of the vicarious agent.
Non-deficient claims of the customer and defects-related claims for used items are time-barred in the first year after their origin, unless they are based on intentional action.
The provider undertakes all economically and technically reasonable and possible precautions to prevent access by third parties to this protected area.
The provider collects from the customer without his consent only the data necessary for the execution of the order and the contract. He uses the data provided by the customer only for the purposes in which the customer has consented.
In the course of ordering and shipping, data is transferred to the shipping company responsible for the delivery to the following extent:
Delivery address, email address, (when sending to EU and third countries also: telephone number).
In accordance with the provisions of the Federal Data Protection Act, we undertake to fully protect the personal data of the customer.
German law applies to the exclusion of the UN purchase law.