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valid from September 1st 2016

POWERDYNAMO GmbH Standard Terms and Conditions for the Sale of Goods to consumers
Powerdynamo GmbH, Strasse am Heizhaus 1, Haus 3, 10318 Berlin
info@powerdynamo.biz, Fax 030-5099561
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: 

1. General 

For all mutual claims resulting from and in connection with the conclusion of a contract between  Powerdynamo GmbH and a consumer  these General Business Conditions always apply.  A consumer is any natural person concluding the sale for purposes mainly not belonging to their commercial activity.

 2. Conclusion of the Contract

The following regulations apply for orders made via our webshop https://www.powerdynamo-shop.com.

Offers by Powerdynamo GmbH are non-binding invitations to order goods with Powerdynamo. For orders arriving in our webshop, which is the standard procedure, the following regulations apply:  the customer makes a binding offer to conclude a sales contract when he passes the shop procedure, giving there the requested information and finally clicks the button "buy". The data submitted may be reviewed and amended if needed right up to the end of the ordering process.

The arrival of the order is indicated to the consumer immediately via email. This notification does not constitute acceptance of the offer, but merely informs that the order has been received. Powerdynamo stores the text of the order and sends the order data and a link to the text of the conditions of sale back to the customer. Those conditions of sale may also be accessed any time at http://www.powerdynamo.biz/eng/agb.htm.

Should an order be made outside the webshop than we assume that the consumer has already taken note of our conditions of same on our website.  Also, those conditions are printed on the back of our invoices (in German). The consumer will receive upon his request an offer with information of how to pay. The consumer makes his offer to buy binding by  effecting payment.

Acceptance of the order and conclusion of the sale are effected by the arrival of a confirmation of the order with the consumer or by the delivery of the goods, whatever is earlier. The consumer will be informed by mail about the delivery.  The consumer has to make sure that the mail address indicated by him is working.

3. Right to withdraw from the purchase

Please note that the right to withdraw from a purchase is a right under the EU  Directive on Consumer Rights (2011/83/EC) and therefore applicable only within the EU. We will however voluntarily also apply this provision to non EU sales, except that we will not refund postage and possible import taxes and fees you had to pay locally outside our invoice.

right of revocation

You have a right to revoke the contract within 14 days after receipt of the goods. You need not give any reason. This period starts with the reception of the goods. To exercise this right you need to inform us - Powerdynamo GmbH, Strasse am Heizhaus 1, Haus 3, 10318 Berlin, info@powerdynamo.biz, Fax 030-5099561 - in clear terms (say by letter, email, fax ) that you want to revoke the sales agreement. You may use (but are not obliged to) the model withdrawal form which we supply with the goods if you change your mind and wish to withdraw from the contract. To keep your returns period it is enough that you inform of your change of mind before the 14days period is over.

effects of revocation

Once you have withdrawn from the sale, we have to refund you for the product within 14 days of the withdrawal. This includes the costs of delivery only in the amount of costs for standard shipping. We will not refund the supplementary cost if you have expressly opted for a type of delivery other than the least expensive type of standard delivery offered us.

The money will be refunded through a reversal transaction using the same payment method as chosen at checkout. Under no circumstances will we levy extra fees for this repayment. We can withhold payment until we have received the returned products, or until you have supplied evidence of having returned the goods. You have to return the revoked goods directly after you expressed your wish for revokation, latest 14days after the sale. You bear the direct cost of returning the goods. Within Germany a return could cost you about 8 euros, from outside Germany it could be about up to 3 times the sum you did pay when we did send you the goods first.

You are responsible for possible loss of value of the goods only if this loss of value is due to handling the goods beyond the necessary to ascertain the nature, characteristics and functioning of the goods. 

end of information of right to withdraw

4. Price

All prices are in Euro. The invoice will state beside the net prices for the goods, the prices for all additional services: transport costs,  valid German VAT (if applicable) etc., not however possibly applicable import duty and/or fees in third (non EU) countries.

For customers with a delivery address within the EU, Powerdynamo will charge German value added tax. No value added tax will be charged to those customers who have a delivery address outside the EU.  An exception are consignments sent by small postal parcel or letter for which Powerdynamo will not receive any proof of export permitting tax relief.

The prices stated on our web presence apply only to orders destined directly to Powerdynamo. The resale prices and conditions of our dealers remain unaffected by this. 

5. Delivery  / payment / Availability Exceptions Clause

The consumer has the options of making payment by Paypal, credit card or Sofortüberweisung (if consumers bank participates in the system) or (only within Germany) COD. The risk of accidental loss or damage only passes to the customer the moment he receives the goods. We normally deliver by UPS.

Should Powerdynamo notice after the conclusion of the contract that the ordered goods are no longer available at Powerdynamo,  we 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 already received.

6. Conditional Sale

Powerdynamo reserves the ownership of all goods delivered until final and complete payment has been received.

7. Warranty

Legal regulations rule (that is the warranty period is 24 months after you have received the goods).

Complaints about damages in transit must be raised immediately against the carrier. The damage report produced in such cases must be sent to us together with the damaged goods.
For warranty cases the date of purchase has to be proven by a copy of the invoice. The article considered for warranty has to be returned to us, postage payed, together with a copy of the invoice.
In the first instance, Powerdynamo has the right to rectify/repair the goods free of charge. Substitute delivery in part or complete is permitted. Should the cause for complaint not be remedies within an acceptable timespan the consumer has the right to either reduce the purchase price or to withdraw from the contract (rescission of sale) (§ 476a BGB)

A warranty cannot be underwritten for defects caused by improper installation or use or of the goods on the part of the customer. Modifications on the material for whatever reason and in whichever way require advance written consultation with Powerdynamo. Violation of instructions or non-agreed modification of the material will void warranty. Warranty does not cover normal wear.
A warranty cannot be underwritten for improper use. Proper use is use in replacing stock dynamo/ignition systems in vintage or classic motorcycles the engine characteristics of which have not been tempered with and which are not used in competition events (unless the material is specifically made and described as for racing or sports)

Powerdynamo underwrites a warranty in relation to articles which have been individually ordered from Powerdynamo, but not for the complete assembly of which it may become part off. The warranty does not cover any consequential damages.

8. customer service

You may use our service via email to service@powerdynamo.biz. By phone you may reach us on (German) working days from 7.30 to 12.00 (local German time) under
+49 30 50173520.

9. Liability

Powerdynamo is liable according to the guidelines of the law on product liability of the Federal Republic of Germany.

10. Data Protection (see full text here)

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.

11. Choice-of-law

Only German law applies.

Information on Online-Dispute resolution procedure can be found here

Berlin, sept. 1st 2016