Powerdynamo brings new ignition & light
to your vintage motorcycle
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Powerdynamo brings new ignition & light |
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POWERDYNAMO
GmbH, Standard Terms and Conditions for the Sale of Goods to
consumers
For information on terms for reseller businesses see
here.
The original text is in German and only the German version is the legally binding.
For the benefit of our foreign customers an English translation of the German text is provided as
follows:
Powerdynamo GmbH, Strasse am Heizhaus 1, 10318 Berlin
info@powerdynamo.biz, Fax 030-5099561
1. General
For all mutual claims
resulting from and in connection with the conclusion of a contract between
the customer and Powerdynamo GmbH these General Business Conditions always apply. Different provisions are only valid if expressly agreed between the
parties in writing.
Offers by Powerdynamo on its Website or by fax are not binding invitations to order
goods with Powerdynamo. By ordering wanted goods via Powerdynamo´s website, via e-mail
or fax, the customer makes a binding offer to conclude a sale contract. The
offer becomes binding at the latest when passing the respective interface
to Powerdynamo. Powerdynamo is entitled to accept this offer during a period of 7 days
by sending a confirmation of the order. Confirmation of order can be by e-mail
or by execution of the order. After a lapse of 7 days without action
the offer shall be considered refused.
As a result of the legally
stipulated right of cancellation the order and its acceptance by Powerdynamo leads
to a temporarily open contract (save for deliveries to resellers as per point
11.2.).
a) As consumer (that is a natural person entering into contract with Powerdynamo
neither for commercial nor self employed purposes) the customer has a right
to cancel the contract within 14 days after receipt of the goods. This
period starts with the reception of the information on
the right of cancellation, however not before arrival of the goods. The customer
needs not give any reason. The notice of cancellation has to be made in writing
or by returning the goods. The risk and the cost of returning the goods are with Powerdynamo.
Should the goods have been made as per special customer wishes and had to be specially
prepared for the customer they are exempt from the right of return. The customer
will be informed on such cases before any delivery is made.
b) If goods are returned
from delivery addresses outside Germany, the customer exercising his right
of cancellation will, differently to point a), have to bear the direct costs
of recovering the goods supplied. (EU Distance selling regulations
dated Mai 20th 1997.)
c) Should the returned
goods show a substantial deterioration (such as dirt, damage, damaged
documentation, incomplete return) we reserve the right to ask for compensation.
We might further ask for compensation of the value of the de facto
lease in the time till return.
The customer will pay
the respective invoiced amount in Euro. The invoice will state beside the net
prices for the goods, the prices for all additional services: transport costs,
COD, valid VAT etc., not however possible applicable import duty in third
countries.
For customers with a delivery address within the EU, Powerdynamo will charge the
German value added tax. If EU customers outside Germany are registered for
a valid VAT number known to Powerdynamo, no value added tax will be charged.
Likewise,
no value added tax will be charged to those customers who have a delivery
address outside the EU. An exception are small consignments sent by postal
packet or letter for which Powerdynamo will not receive any proof of dispatch permitting
the exemption from value added tax.
The prices stated on the
home page apply only to orders sent directly to Powerdynamo.biz. The resale prices
and conditions of our dealers remain unaffected by this.
The goods are delivered
ex Powerdynamo warehouse at the customer's expense and risk. For deliveries within
the EU a freight insurance policy will be taken out by Powerdynamo. As a rule the
goods are delivered by UPS. Payment can be settled by accepted
credit card, Paypal, COD (where possible) and in specially agreed cases on the basis of an invoice stating
the credit period or by direct debit.
Should Powerdynamo notice after the conclusion of the contract that the ordered
goods are no longer available at Powerdynamo or cannot be supplied for legal
reasons, Powerdynamo can either offer goods equivalent in quality and price or can withdraw
from the contract. After withdrawal from the contract, Powerdynamo will immediately
repay to the customer payments which have already been received.
Powerdynamo
reserves the ownership
of all goods delivered by it to a customer until final and complete payment
has been received. Should Powerdynamo replace an article within the context of the
guarantee, it is hereby agreed, that the ownership of the article which is
to be replaced will be transferred to Powerdynamo at the time that the customer
receives the replacement.
7. Warranty
7.1 In case it has not explicitly been explained or agreed otherwise (for
example for parts explicitly marked as decreased in value), Powerdynamo guarantees
that at the time of dispatch the products are free from defects which would
nullify or reduce the value or the suitability for their normal use. An
insignificant reduction of the value or suitability is to be disregarded.
In the case of hidden defects, a notification has to be given immediately
after discovering the hidden defect within the guarantee period. Complaints
about damages in transit must be raised immediately against the end carrier (as a rule the post). The damage report produced in this connection must
be sent to us with the damaged goods.
7.2 The warranty period is 24 months after dispatch.
7.3. In case of an incomplete
delivery, Powerdynamo will immediately dispatch a subsequent delivery. In the first
instance, Powerdynamo has the right to dispatch a substitute delivery. If substitute
deliveries repeatedly fail to be satisfactory, the customer is entitled to
either reduce the purchase price or to withdraw from the contract (rescission
of sale).
7.4. A warranty cannot
be underwritten for defects caused by improper installation or use or by
above average use of the goods on the part of the customer.
7.5. A warranty cannot
be underwritten for improper use. Proper use is use in replacing stock dynamo/ignition
systems in vintage or classic motorcycles whos engine characteristics have not
been tempered with and which are not used in competion events (unless the material
is specifically made and described as for racing or sports)
7.6. Powerdynamo underwrites a guarantee in relation to articles which have been
individually ordered from Powerdynamo, but not for the complete assembly of which
it may be a part.
Powerdynamo
is liable according
to the guidelines of the law on product liability of the Federal Republic
of Germany.
Powerdynamo ensures that customer data obtained by means of orders will merely be collected, processed, stored and used in connection with the processing of the order as well as for internal market research and its own marketing purposes. If the customer does not wish that his data is used for Powerdynamo`s internal purposes, he is at any time entitled to object to such use by informing Powerdynamo appropriately.
Unless differently specified
here, German law applies regarding the legal relationships between Powerdynamo and
customers. The application of the convention on contracts for the international
sale of goods of 11.04.1988 is excluded.
11.1 Exclusive place of jurisdiction is Berlin, as far as the customer is
a merchant according to the code of commercial law or a public corporation.
11.2. For business dealings with person entering into contract with
Powerdynamo for commercial
or self employed purposes (resellers) the legal right
of cancellation as per distance selling law is not applicable. Additionally,
regulations apply which will be sent only to these customers.
Berlin, 01.10.2010
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