TERMS & CONDITIONS
General conditions of sale to consumers on the Keis France website www.keis.fr
Co-contracting company : Motorrad Venture MV GmbH, Am Schlag 1B, 35580 Wetzlar, Germany
I. Important information
1. You will find the essential characteristics of the goods in our online store.
2. The total price of the goods, including VAT, is the price shown in our online store.
Shipping costs of EUR 8.00 incl. VAT are added to this price for all orders within the European Union.
Shipping costs to other countries or destinations, particularly overseas France, are calculated on a case-by-case basis. Please contact us at email@example.com
3. Your orders are governed by the legal regimes governing warranties for defects in goods.
4. Once the contract has been concluded, we store the text of the contract, including the general terms and conditions, for our own use. In the case of orders placed in our online store, the details of your purchase are contained in the acknowledgement of receipt which we send you by e-mail on receipt of your order. You are obliged to save this order confirmation permanently or print it out, so that the contents of the contract are always available in a durable form after the contract has been formed. You can save the future conclusion of the contract by saving the e-mail containing our confirmation of receipt.
5. When you placed your order in our online store, you placed the selected items in the shopping basket. Only when you click on the "Finalize order" button do you place a contractual order.
II. Order, conclusion of contract and delivery
The items shown in our catalog, our online store and in our current advertisements, as well as the detailed descriptions, do not constitute a binding offer. You submit a legally binding offer to us when you place an order in writing and electronically (e.g. by e-mail) or in our online store after clicking on the "Finalize order" button. On the other hand, the mere intermediate storage in the shopping cart of our online store does not constitute a legally binding offer.
If you place an order via our online store, and only in this case, we will send you a confirmation of receipt by e-mail containing the details of your order and informing you of the receipt of your order. This acknowledgement does not constitute acceptance of your offer. The sales contract governed by these General Terms and Conditions of Sale is deemed to be formed only upon dispatch of the goods ordered by you, constituting acceptance of your offer. The sales contract is formed when the invoice is sent by e-mail.
In the event of late delivery, or if it proves impossible to deliver all or part of your order, we will inform you as soon as possible.
All communication, including the conclusion of contracts, between our company and customers is possible in German or French. In our online store, communication is also possible in English.
III. Subsequent delivery
In the event of partial delivery of missing items with your agreement, you will of course not be charged any postage or packaging costs. We will bear these costs ourselves.
IV. Methods of payment
If you have a PayPal account, you can pay via PayPal from our online store in just a few clicks. PayPal transfers the amount as soon as you have confirmed payment with PayPal.
2. Payment by credit card
The payment process is handled by Shopify. We have no access to your personal data. Any bank charges are your responsibility.
V. Reservation of ownership
We reserve ownership of the delivered goods until full payment of the purchase price.
Sales and deliveries to customers in the European Union are subject exclusively to the prices indicated in euros at the time of your order - subject to errors - in the online store.
All prices include V.A.T. as applicable in the country of dispatch and are exclusive of shipping costs.
VII. Legal warranty
All orders are subject to the applicable legal provisions. Accordingly, if goods are delivered to you in a defective condition, you as the purchaser have the right to demand subsequent performance free of charge in the form of elimination of defects or delivery of goods free of defects. In this case, the goods will be repaired or replaced without any problems. If the form of subsequent performance chosen by you is likely to entail unreasonably high costs, we are entitled to refuse it in favour of the other form of subsequent performance, provided the latter does not also entail unreasonably high costs. The statutory warranty period is two years from handover of the goods to the customer.
VIII. Limitation of liability
Our liability to pay damages, for whatever legal reason (in particular in the event of delay or defects), is limited to the foreseeable damage arising from the contract. This limitation of our liability shall not apply in cases of intent or gross negligence, warranty of characteristics, injury to life, body or health of others, and liability under the German Product Liability Act.
If you have a complaint, please contact us at firstname.lastname@example.org, explaining your request as clearly as possible and sending clear photos.
X. Right of withdrawal for consumers
1. Legal right of withdrawal
Only consumers or end customers benefit from the statutory right of withdrawal. According to § 13 of the German Civil Code (BGB), a consumer is a natural person who concludes a legal transaction for a purpose that cannot be essentially attributed to his or her commercial or independent professional activity. This is why professional resellers, for example, do not benefit from the statutory right of withdrawal.
Below you will find information on the requirements and consequences of a statutory right of withdrawal for mail-order orders. This does not affect the contractual granting of rights exceeding the legal limits.
2. Information on the right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the day on which you or a third party designated by you, other than the carrier, take possession of the last item, partial shipment or part.
In order to exercise your right of withdrawal, you must notify Motorrad Venture MV GmbH, Heidestrasse 4, 35625 Hüttenberg, Germany, email@example.com of your decision to withdraw from this contract by sending us an unambiguous statement, e.g. by letter sent by post or e-mail. For this purpose, you can use the model withdrawal form which we have provided for you, but which is not obligatory. The withdrawal period will be observed if you send us your declaration of withdrawal before the period has expired.
3. Consequences of withdrawal
If you exercise your right of withdrawal, we are obliged to reimburse you immediately, and at the latest within 14 days of the date on which we receive your declaration of withdrawal from the contract, for all payments made by you and received by us, including delivery costs (with the exception of additional costs in the event that you have opted for a delivery other than the cheapest standard delivery offered by us). Unless explicitly agreed otherwise, we will use the same means of payment for this refund as you used for the original transaction; under no circumstances will you be charged a refund fee.
We are entitled to refuse a refund until we have received the returned goods or until you have provided proof that you have returned the goods, whichever occurs first.
You must return or hand over the goods to us immediately, and in any event no later than 14 days from the day on which you inform us of your withdrawal from the contract. This deadline will be met if you send the goods before the 14-day period has expired.
You will bear the direct costs of returning the goods to our warehouse in Germany. If the return has been arranged by us, a flat-rate charge of EUR 20 will be deducted from the refund. Our warehouse address is :
Motorrad Venture, Heidestrasse 4, 35625 Hüttenberg, Germany
Products must be in their original condition, undamaged and in their original packaging. If this is not the case, Motorrad Venture MV GmbH will apply a discount to the value of the product.
You shall bear any loss of value of the goods only if such loss of value is based on unnecessary handling of the goods for the purpose of testing the quality, properties and mode of operation of the goods.
4. Exceptions to the right of withdrawal
The right of withdrawal does not apply to the following contracts:
- contracts for the supply of goods made to the consumer's specifications or clearly personalized ;
- contracts for the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
- contracts for the supply of goods which, after delivery and by their nature, are inseparably mixed with other items.
5. In the case of a return of goods outside the legal right of withdrawal, the refund will be reduced by a flat rate of €50.00 for postage and restocking. Products must be in perfect new condition, in their original packaging and with all accessories. If this is not the case, we reserve the right to refund only part of the original order or to refuse the refund.
XI. Proof of purchase
Please keep all your proofs of purchase, in particular the invoice, the link to which was sent to you by e-mail after you placed your order. They will serve as proof of purchase in the event of a claim and are important for insurance purposes in the event of theft. All your orders are stored in our system. If you lose your order documents, please contact us by e-mail at firstname.lastname@example.org. We will send you a copy of the relevant data.
XII. Jurisdiction, choice of law
In the event of a dispute, the courts of our registered office shall have jurisdiction. All relations between us are governed exclusively by German law, insofar as, if you have concluded a contract with us as a consumer, this choice of law does not deprive you of the protection afforded by the mandatory provisions of the law of the EU member state in which you have your habitual residence.
We collect your personal data in order to perform the contract. In doing so, we comply in particular with the provisions of the German Federal Data Protection Act (BDSG) and the German Electronic Media Act (TMG). We process and use your data in accordance with § 28(3) BDSG solely for our own business purposes. This data is used, for example, to send you information about our product range in a newsletter by e-mail and/or post. You have the right to object to the processing or use of your data for the purposes of sending you advertising about our own offers by post - or, in the case of existing customers, also by e-mail - or for the purposes of market research or surveys.
Your data is protected by a secure SSL connection.
XIV. Notes on out-of-court dispute settlement procedures for consumers
1. Dispute resolution procedures
We are neither prepared nor obliged to participate in a dispute resolution procedure before a consumer conciliation body.
2. Online dispute resolution (EU)
The European Commission provides consumers with an online alternative dispute resolution (ADR) platform, which you can access by clicking on the following external link: http://ec.europa.eu/consumers/odr/.