General Terms and Conditions of SIEBENROCK GmbH
I. General
(1) The following General Terms and Conditions (AGB) shall apply for any contract / agreement, delivery and other service rendered by Siebenrock GmbH, represented by the managing director Hans-Joachim Siebenrock, Wertstrasse 34, 73240 Wendlingen, Germany (hereinafter: SIEBENROCK) vis-à-vis their customers. The AGB version applicable as on the date of placing the order shall apply. The customer may retrieve, store, and print out the AGB.
(2) Deviating provisions of customers do not apply even if SIEBENROCK does not expressly reject them. SIEBENROCK will only acknowledge any deviating provision if such was expressly agreed in writing. Any individual arrangement entered into with the customer (including any ancillary agreement, supplement, and amendment) shall in any event prevail over the terms and conditions hereunder.
(3) The business relations between SIEBENROCK and the customer shall be subject to the law of the Federal Republic of Germany excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). Such choice of law shall apply for consumers only to such extent as the protection granted is not deprived by mandatory provisions of the law of the country where the consumer has its habitual residence.
(4) The place of jurisdiction shall be Wendlingen if the customer is a commercial party, a public law entity or a special public law estate.
(5) The contractual language is German. SIEBENROCK will store the text of the contract upon conclusion thereof but the customer will not have access to the text.
(6) A consumer may make use of an alternative dispute resolution. The following link of the EU Commission (also known as OS Platform) contains information on online dispute resolution and is the central contact for out-of-court dispute resolution arising from any online purchase agreement or online service agreement: http://ec.europa.eu/consumers/odr.
(7) Information requirement pursuant to Art. 36 VSBG (Consumer Dispute Settlement Act): SIEBENROCK is not willing to nor obliged to take part in any further dispute resolution proceedings before a consumer arbitration body.
II. Content and conclusion of contract
(1) SIEBENROCK provides its customers the possibility to place orders for and buy spare parts and accessories for BMW motorcycles via their internet page www.siebenrock.com. Any SIEBENROCK quotation shall be without engagement. Deviations or technical changes with respect to illustrations or descriptions shall be possible.
(2) The customer is responsible to provide truthful and complete information when entering personal data required for registration. The customer shall be obliged to treat personal access data confidential and not make such accessible to unauthorized third parties. Registration will be confirmed immediately after submitting the registration by clicking on the button "Registrieren". A customer shall only have the right to hold one customer account at a time. SIEBENROCK hereby reserves the right to delete multiple registrations. SIEBENROCK is not obliged to accept the registration or order of a registered customer.
(3) A contract will only become effective after acceptance of the order by SIEBENROCK which is, as a rule, effected by dispatching the relevant goods. The customer may adjust any entry throughout the order process via the usual keyboard and mouse functions prior to the placement of the order in the online shop. All entries will further be displayed in a confirmation window prior to the binding placement of the order and may also be adjusted there via the usual keyboard and mouse functions. The receipt of the order and the acceptance thereof will be confirmed to the customer by e-mail.
(4) The seller will deliver the text of the contract to the customer together with the order confirmation and these General Terms and Conditions including the right of withdrawal.
Please find further information on your order here.
(5) SIEBENROCK reserves all rights of ownership and copyrights with respect to any illustration, drawing, calculation, or other document. This shall also apply for any document in writing defined as confidential. Any forwarding to third parties by the customer shall require the prior consent of SIEBENROCK in writing.
III. Prices and payment
(1) The price provided at the time of placing the order shall apply for any order via the internet page www.siebenrock.com. That price includes the statutory value-added tax (VAT) applicable as on the date of placing the order plus any shipping and packaging costs.
Please find detailed information on shipment costs here.
For shipments to a country outside the EU, the customer is obliged to perform customs clearance independently.
(2) Delivery to a customer by SIEBENROCK will be made - at the customer's option - against payment in advance, by PayPal, credit card, cash on delivery or direct debit. The payment options of direct debit and cash on delivery will not be available to customers domiciled or resident outside the Federal Republic of Germany. SIEBENROCK will issue an invoice to the customer handed over to the customer upon delivery of the goods or delivered by letter.
Please find detailed information on payment methods here.
IV. Services and transfer of risk
(1) The ordered goods will be delivered to the address provided by the ordering customer unless otherwise agreed in the contract. SIEBENROCK hereby reserves the right to make a partial delivery if such is considered beneficial for a speedy processing. Special shipping forms requested by the customer will be invoiced separately upon agreement.
(2) If the customer is a consumer, the risk pursuant to Art. 446 German Civil Code (BGB) passes to the customer upon delivery of the thing sold. In all other cases, the risk pursuant to Art. 447 BGB passes to the customer as soon as the thing is handed over to the forwarder or carrier.
(3) Delivery periods are provided in the relevant item descriptions. A delivery or service period shall be reasonably extended in the event of non-compliance with such period due to force majeure, labor dispute, unforeseeable hindrances, or other circumstances beyond control of SIEBENROCK.
V. Retention of title, right of retention
(1) Any goods delivered will remain the property of SIEBENROCK until all requirements under the contract are met; in the event that the customer is a public law entity, a special public law estate or an entrepreneur acting in execution of its commercial or self-employed profession, also beyond such period under the ongoing business relation until full settlement of all claims SIEBENROCK is entitled to under the contract.
(2) The customer is entitled to exercise a right of retention only to such extent as its counterclaim is based on the same contractual relationship.
VI. Liability for material defects or defects of title
(1) The customer may only assert defects in any goods delivered if it makes a complaint vis-à-vis SIEBENROCK within the statutory warranty period of two years. If all contractual partners are commercial parties, Art. 377 German Commercial Code (HGB) (immediate notice of defect) shall apply additionally.
(2) If a defect applies and such has been notified in due time, SIEBENROCK shall be entitled to supplementary performance. In all other respects, the statutory provisions shall apply for any warranty matter.
VII. Liability
(1) Outside the liability for material defects and defects of title, SIEBENROCK shall be liable without limitation if the cause of the damage is based on intent or gross negligence. SIEBENROCK shall also be liable for the slightly negligent violation of material obligations (obligations the violation of which impair the achievement of the contractual purpose) and for the violation of cardinal duties (duties the fulfillment of which enable the proper performance of the contract in the first place and on which the customer regularly relies); such shall, however, only apply for the foreseeable damage typical for such contract. SIEBENROCK will not be liable for the slightly negligent infringement of any duties other than those mentioned above.
(2) The limitations of liability provided in the above paragraph shall not apply for any injury to life, body or health, for any defect after assumption of a guarantee relating to the nature of a product and in the event of fraudulently concealed defects. Liability under the German Product Liability Act remains unaffected.
(3) If the liability of SIEBENROCK is excluded or limited, such shall also apply for the personal liability of any of their employees, representatives, or vicarious agents.
VIII. Data protection
Please find our privacy statement here.
IX. Cancellation policy for consumers
Consumers have the right to withdraw from the contract pursuant to the following provisions, whereby a consumer is any natural person concluding a legal transaction for purposes that may predominantly be attributed neither to its commercial nor its independent professional activity.
Cancellation policy
Right of withdrawal
You have the right to withdraw from the contract within a period of fourteen days without stating any reason.
The period of withdrawal shall start fourteen days as from the date on which you or any third party appointed by you which is not a carrier have/has taken possession of the goods.
In order to exercise your right of withdrawal, you will have to notify us,
Siebenrock GmbH
Wertstrasse 34
73240 Wendlingen, Germany
Telephone: +49 7024 46 88-0
Telefax: +49 7024 46 88-90
E-mail: info@siebenrock.com
on your decision to withdraw from this contract by way of a clear statement (e.g., by a letter sent by mail, a telefax or e-mail). You may use the attached sample form of withdrawal notice the use of which is, however, not mandatory.
In order to comply with the period of withdrawal, it is sufficient that you send the notification on the exercise of your right of withdrawal prior to the end of the withdrawal period.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse you for all payments received from you, including delivery costs (save for additional costs resulting from the fact that you selected a delivery method other than the cheapest standard delivery offered by us), immediately and not later than within fourteen days as from the date on which we receive notification of your withdrawal from this contract. We will use the same means of payment for that refund that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for such refund. We may refuse a refund until we received the goods back or until you have provided evidence that you returned the goods, whichever is earlier.
You must return or hand over the goods to ... us immediately and in any case not later than within fourteen days as from the date on which you notify us on the withdrawal from this contract. The deadline shall be deemed to have been observed if you dispatch the goods prior to expiry of the period of fourteen days. You shall bear the immediate costs of returning the goods.
You shall only be liable for any loss of value of the goods if such loss of value is due to the handling of the goods not required for testing the nature, properties and functioning of the goods.
Sample form of withdrawal notice
If you intend to withdraw from the contract, please fill in this form and send it back to us under the following address:
Siebenrock GmbH
Wertstrasse 34
73240 Wendlingen, Germany
Telephone: +49 7024 46 88-0
Telefax: +49 7024 46 88-90
E-mail: info@siebenrock.com
-I/we (*) hereby withdraw from the contract entered into by me/us (*) on the purchase of the following goods (*)/ the rendering of the following service (*)
-Ordered on (*)/ received on (*)
-Name of consumer(s)
-Address of consumer(s)
-Signature of consumer(s) (for notifications on paper only)
-Date
_______________________
(*) Delete as applicable.
Version: September 2020