General Terms And Conditions

General Terms and Conditions for purchases in the online store at www.kmc-shop.com

§ 1 General, scope of application of the GTC

1.1 All deliveries and services are provided exclusively on the basis of the following General Terms and Conditions (hereinafter “GTC”) in the version valid at the time of the order. Unless expressly agreed in writing, deviating terms and conditions do not apply. 

1.2 The contractual partner is KRÄMER MOTORCYCLES GmbH, Gewerbepark Lindach B5, 84489 Burghausen, phone: +49 8677 7664799-0, e-mail: info@kraemer-motorcycles.com, Managing Director: Markus Krämer, AG Traunstein, HRB 22911, VAT ID No.: DE290803769 (hereinafter “Seller”).

1.3 Customers within the meaning of these Terms and Conditions may be both consumers and entrepreneurs (hereinafter “Customer”). Consumers within the meaning of the Terms and Conditions are natural persons who conclude contracts for a purpose that cannot be attributed to their commercial or professional activity. Entrepreneurs within the meaning of the Terms and Conditions are natural or legal persons or partnerships with legal capacity who are acting in the exercise of their commercial or independent professional activity when concluding the contract with the seller.

§ 2 Conclusion of contract, conclusion of the contract

2.1 Our offer is binding. With your order you submit a binding offer to us to conclude the contract with you. The contract is concluded when your order is sent to us. You will receive an order confirmation by e-mail.

2.2 Once you have found the desired product, you can take a closer look at it without obligation by clicking on the product name or the product image. By clicking the [Add to shopping cart] button, you can add the item to your shopping cart. You can view the contents of the shopping cart at any time without obligation by clicking on the [Shopping cart] button. You can remove or change the products from the shopping cart by clicking on the [Change] and [Delete] links. If you wish to purchase the products in the shopping cart, click on the [Checkout] button on the “Shopping cart” page. 

During the rest of the ordering process, you have the option of setting up a customer account with us for your first purchase and selecting the shipping and payment method. In the last step, you will receive another overview of your order data under “Summary” and can check all details again and delete or change them under [Change]. You can also correct input errors by navigating backwards in the browser or canceling the order process and starting from the beginning. To complete your purchase, you must accept our General Terms and Conditions and click on the [order with obligation to pay] button. This will send the order to us. 

§ 3 Storage of the contract text 

We save your order and the order data entered. We will send you an order confirmation with all order data by e-mail. You also have the option of printing out both the order and the General Terms and Conditions before sending the order to us. If you have created a customer account, you can also access the orders you have placed at any time. 

§ 4 Cancellation policy

Right of withdrawal 

You can revoke your contractual declaration within 14 days without giving reasons in text form (e.g. letter, e-mail) or - if the goods are delivered to you before the deadline - also by returning the goods. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also not before fulfillment of our information obligations under Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB and our obligations under § 312g paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. Timely dispatch of the revocation or the goods shall suffice to comply with the revocation period. The revocation is to be sent to: 

KRÄMER MOTORCYCLES GmbH
Gewerbepark Lindach B5
84489 Burghausen
E-mail: info@kraemer-motorcycles.com

Consequences of revocation 

In the event of an effective revocation, the services received by both parties must be returned and any benefits derived (e.g. interest) surrendered. If you are unable to return or surrender to us the goods received and any benefits (e.g. benefits of use), or are only able to return or surrender them in part or in a deteriorated condition, you must compensate us for the loss in value. You only have to pay compensation for the deterioration of the item and for any use made of it if the use or deterioration is due to handling of the item that goes beyond checking its properties and functionality. Testing the properties and functionality” means testing and trying out the respective goods, as is possible and customary in a retail store, for example. Goods that can be sent by parcel post are to be returned at our risk. You have to bear the regular costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 40 euros or if, in the case of a higher price of the goods, you have not yet provided the consideration or a contractually agreed partial payment at the time of the revocation. Otherwise the return shipment is free of charge for you. Items that cannot be sent by parcel post will be collected from you. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of revocation or the goods, for us with their receipt. 

End of the withdrawal policy

If you are an entrepreneur within the meaning of § 14 of the German Civil Code (BGB) and are acting in the exercise of your commercial or self-employed activity when concluding the contract, the right of withdrawal does not apply.

§ 5 Agreement on bearing costs after revocation

If you make use of your right of revocation according to § 4, you have to bear the regular costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 40 euros or if you have not yet provided the consideration or a contractually agreed partial payment at a higher price of the goods at the time of revocation. Otherwise the return shipment is free of charge for you.

§ 6 Prices and shipping costs

All prices are inclusive of VAT plus shipping costs. We deliver with DHL or another provider of our choice.

§ 7 Terms of delivery

7.1 We deliver exclusively within Germany and to the countries of the European Union. 

7.2 Unless otherwise stated in the offer, the goods will be dispatched within 3 working days of receipt of payment. 

§ 8 Terms of payment

8.1 Payment can be made in advance by bank transfer, Paypal, credit card or cash on delivery (cash on delivery fee EUR 3.00). We reserve the right to exclude individual payment methods. If you choose to pay in advance, we will provide you with our bank details in the order confirmation. The invoice amount is to be transferred to our account within 10 days. If you pay by Paypal, you will be taken directly from the order process to the payment pages and make the transfer yourself. If you pay by credit card, we will debit your credit card account within 2 days of receiving your order. If you pay by cash on delivery, you pay in cash to the deliverer upon delivery of the goods. 

8.2 If you are a consumer, interest of 5% above the prime rate shall be charged on the purchase price at the time of default of payment during the period of default. If you are not a consumer, the interest rate during the period of default is 8% above the prime rate. We reserve the right to prove and claim higher damages caused by default.

§ 9 Warranty

9.1 If you are a consumer and place an order with us for a purpose that cannot be attributed to your commercial or professional activity, the warranty shall be governed by the statutory provisions. 

9.2 If you place your order with us as an entrepreneur, the following applies:

9.2.1 Delivered goods must be inspected by the customer immediately after delivery, insofar as this is feasible in the ordinary course of business. If a defect is found, we must be notified immediately. If the customer fails to notify us, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. If such a defect is discovered later, the notification must be made immediately after discovery, otherwise the goods shall also be deemed to have been approved in view of this defect. § Section 377 HGB remains unaffected. The customer shall not be released from his obligation to inspect the goods even in the event of recourse by the entrepreneur in accordance with § 478 BGB. If in such cases he does not immediately notify the defect asserted by his customer, the goods shall also be deemed to have been approved in view of this defect.

9.2.2 If there is a defect, we shall be entitled to determine the type of subsequent performance, taking into account the nature of the defect and the legitimate interests of the customer. Subsequent performance shall be deemed to have failed after the third unsuccessful attempt. This clause shall not apply in the case of recourse pursuant to § 478 BGB.

9.2.3 In the event of subsequent performance in the event of defects, we shall only be obliged to bear the necessary expenses, in particular transport, travel, labor and material costs, insofar as these are not increased by the fact that the item has been taken to a place other than the registered office or commercial branch of the customer to which the delivery was made. This clause shall not apply in the event of recourse pursuant to § 478 BGB.

9.2.4 The customer's claims for defects, including claims for damages, shall become time-barred after one year. This shall not apply in the case of recourse pursuant to § 478 BGB, nor in the cases of §§ 438 para. 1 no. 2 BGB and § 634a para. 1 no. 2 BGB. This also does not apply to claims for damages due to injury to life, body or health or due to a grossly negligent or intentional breach of duty by us or our vicarious agents. 

§ 10 Liability 

10.1 If you are a consumer and place an order with us for a purpose that cannot be attributed to your commercial or professional activity, we shall be liable for damages in accordance with the statutory provisions. 

10.2 If you place your order with us as an entrepreneur, the following applies in the event of our contractual liability for damages in accordance with clauses 10.2 to 10.8:

10.2.1 If the claims are based on an intentional breach of duty by us, our representatives or our vicarious agents, we shall be liable for damages in accordance with the statutory provisions. If the claims are based on a grossly negligent breach of duty by us or our representatives or vicarious agents, liability shall be limited to the foreseeable, typically occurring damage.

10.2.2 Insofar as we or our representatives or vicarious agents have culpably breached an obligation whose fulfillment is essential for the proper execution of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance the customer regularly relies - and there is no case of liability under the statutory provisions - liability shall be limited to the foreseeable, typically occurring damage.

10.2.3 Unless otherwise stipulated in Clauses 10.2.1 and 10.2.2, our liability for damages is excluded. The same shall also apply if recourse claims are asserted against us as the supplier in accordance with § 478 BGB.

10.3 The exclusions and limitations of liability under clause 10.2 shall also apply to other claims, in particular tortious claims or claims for reimbursement of futile expenses instead of performance.

10.4 The exclusions and limitations of liability under clause 10.2 shall not apply to any existing claims pursuant to §§ 1, 4 of the Product Liability Act or due to culpable injury to life, limb or health. They also do not apply if we have assumed a guarantee for the quality of our goods or a performance success or a procurement risk and the guarantee case has occurred or the procurement risk has materialized.

10.5 We shall only be liable for the assumption of a procurement risk if we have expressly assumed the procurement risk in writing.

10.6 Insofar as the limitation of liability pursuant to Section 10.2 does not apply to claims arising from producer liability pursuant to Section 823 BGB, our liability shall be limited to the compensation payment of the insurance. If this does not occur or does not occur in full, we shall be liable up to the amount of the sum insured. This clause shall not apply in the event of culpable injury to life, limb or health.

10.7 Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our employees, workers, staff, representatives and vicarious agents.

10.8 A reversal of the burden of proof is not associated with the above provisions.

§ 11 Customer service

Please contact us if you have any questions, complaints or claims. You can reach us Monday - Friday between 9 a.m. and 4 p.m. by calling +49 8677 7664799-0 or by sending an e-mail to info@kraemer-motorcycles.com. 

§ 12 Legal system, place of jurisdiction

12.1 German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

12.2 For customers who conclude the contract for a purpose that cannot be attributed to their professional or commercial activity (consumers), this choice of law does not affect the mandatory provisions of the law of the country in which the customer has their habitual residence.

12.3 If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from the contractual relationship shall be the registered office of our company in 84489 Burghausen.

§ 13 Miscellaneous

13.1 The language of the contract shall be German.

13.2 If one or more provisions of these GTC are invalid, the remainder of the contract shall remain valid. If the provisions are invalid, the content of the contract shall be governed by the statutory provisions.

Stand: September 2024