General Terms And Conditions

General Terms and Conditions for Purchases in the Online Shop at www.kmc-shop.com

§ 1 General Provisions and Scope of the GTC

1.1 All deliveries and services are provided exclusively on the basis of the following General Terms and Conditions (hereinafter referred to as the “GTC”) in the version applicable at the time the order is placed. Unless expressly agreed otherwise in writing, any deviating terms and conditions shall not apply.

1.2 The contracting party is KRÄMER MOTORCYCLES GmbH, Gewerbepark Lindach B5, 84489 Burghausen, Germany, telephone: +49 8677 7664799-0, email: info@kraemer-motorcycles.com, Managing Director: Markus Krämer, registered with the Local Court of Traunstein under HRB 22911, VAT identification number: DE290803769 (hereinafter referred to as the “Seller”).

1.3 Customers within the meaning of these GTC may be either consumers or traders (hereinafter referred to as the “Customer”). A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. A trader is a natural or legal person or a partnership with legal personality who or which, when concluding a legal transaction, acts in the exercise of their trade, business or profession.

§ 2 Conclusion of the Contract

2.1 The presentation of products in our online shop does not constitute a legally binding offer, but rather a non-binding invitation to the Customer to place an order.

2.2 Once the Customer has placed the desired products in the shopping cart, the Customer may review and correct the information entered during the ordering process. By clicking the [order with obligation to pay] button, the Customer submits a binding offer to conclude a purchase contract for the products contained in the shopping cart.

Receipt of the order will be confirmed to the Customer without undue delay by email. The automatic acknowledgement of receipt of the order does not constitute acceptance of the offer.

For deliveries within Germany and to Member States of the European Union, the contract is concluded when we accept the order by means of an express order confirmation or dispatch the goods to the Customer.

For deliveries to third countries, the exact shipping costs may in some cases only be calculated after receipt of the order. In such cases, the Customer will be informed immediately before placing the order that additional shipping costs may apply and will be communicated separately after the order has been placed.

For deliveries to third countries, we do not immediately accept the offer submitted with the order. After receipt of the order, the Customer will receive a separate individual quotation from us specifying, in particular, the products ordered, the applicable shipping costs, the total amount payable and the payment deadline. In this case, the contract is concluded when the Customer expressly accepts the quotation within the period specified therein or pays the stated total amount in full. The goods will not be dispatched until full payment has been received.

§ 3 Storage of the Contract Text

We store the order and the order information entered by the Customer. Receipt of the order will be confirmed to the Customer without undue delay by email.

Following conclusion of the contract, the Customer will receive confirmation of the contract on a durable medium, for example by email, within a reasonable period and no later than upon delivery of the goods. The confirmation of the contract will include the contents of the contract, including the order information, the General Terms and Conditions applicable at the time the contract was concluded, the instructions on withdrawal and the model withdrawal form.

The Customer may print or save the order information and the General Terms and Conditions before submitting the order. If the Customer has created a customer account, the Customer may also access their orders through that account.

§ 4 Instructions on Withdrawal

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you, or a third party named by you who is not the carrier, acquired physical possession of the goods.

Where you have ordered several goods as part of a single order and the goods are delivered separately, the withdrawal period begins on the day on which you, or a third party named by you who is not the carrier, acquired physical possession of the last of the goods.

Where goods are delivered in several partial shipments or pieces, the withdrawal period begins on the day on which you, or a third party named by you who is not the carrier, acquired physical possession of the last partial shipment or the last piece.

To exercise your right of withdrawal, you must inform us:

KRÄMER MOTORCYCLES GmbH
Gewerbepark Lindach B5
84489 Burghausen
Germany
Telephone: +49 8677 7664799-0
Email: info@kraemer-motorcycles.com

of your decision to withdraw from this contract by means of an unambiguous declaration, for example a letter sent by post or an email. You may use the model withdrawal form set out in § 5, but this is not mandatory.

You may also exercise your right of withdrawal online at www.kmc-shop.com using the prominently displayed “Withdraw from contract” function provided there. If you use this online function, we will confirm receipt of your withdrawal declaration without undue delay on a durable medium, for example by email. The confirmation will include information on the contents of the withdrawal declaration and the date and time at which it was received.

To comply with the withdrawal period, it is sufficient for you to send your notification concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal

If you withdraw from this contract, we will reimburse all payments received from you, including the costs of delivery, with the exception of any supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us, without undue delay and in any event no later than fourteen days from the day on which we receive notification of your withdrawal from this contract.

We will make the reimbursement using the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. In any event, you will not incur any fees as a result of the reimbursement.

We may withhold reimbursement until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever occurs first.

You must send back or hand over the goods to:

KRÄMER MOTORCYCLES GmbH
Gewerbepark Lindach B5
84489 Burghausen
Germany

without undue delay and in any event no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you send back the goods before the fourteen-day period has expired.

You shall bear the direct costs of returning the goods.

Where, by their nature, the goods cannot normally be returned by post, you shall also bear the direct costs of returning the goods. These costs are estimated at a maximum of approximately EUR 2,000.

You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Exclusion of the Right of Withdrawal

The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual choice or decision by the consumer is decisive, or which are clearly tailored to the consumer’s personal requirements.

§ 5 Model Withdrawal Form

If you wish to withdraw from the contract, please complete this form and return it to us. Use of this form is not mandatory.

To:

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

I/We () hereby give notice that I/we () withdraw from my/our () contract for the purchase of the following goods ():

Ordered on ()/received on ():

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s), only if this form is submitted on paper:

Date:

(*) Delete as appropriate.

§ 6 Prices and Shipping Costs

6.1 The prices stated in the online shop are quoted in euros. Unless otherwise stated, they include German statutory value-added tax. Shipping costs are not included in the product prices and will be charged separately. The VAT treatment applicable to a delivery to a third country will be stated in the individual quotation or invoice.

6.2 Shipping costs for deliveries within Germany and the European Union will be displayed to the Customer during the ordering process, insofar as they can be calculated in advance.

6.3 Shipping costs for deliveries to third countries generally cannot be calculated at a flat rate in advance because they depend on the delivery address, the weight, dimensions and nature of the goods and the carrier used. After receipt of the order, the Customer will therefore receive a separate individual quotation stating the exact shipping costs and the total amount payable.

6.4 The Customer is required to pay both the price of the products ordered and the quoted shipping costs in full before the goods are dispatched.

6.5 Our product prices and shipping prices do not include, in particular:

a) import duties;

b) import VAT and other taxes or import charges;

c) import or customs-clearance fees; or

d) processing, disbursement, brokerage or clearance fees charged by the carrier or another service provider.

Any such amounts may be charged directly to the Customer by the relevant authorities, the carrier or other service providers. They are the sole responsibility of the Customer. We have no control over whether such amounts are charged or over their amount and accept no liability for them, unless they result from our own culpable breach of duty.

§ 7 Delivery Terms

7.1 We deliver within Germany, to Member States of the European Union and, subject to a separate agreement, to selected third countries. For the purposes of these GTC, a third country means a delivery destination outside the customs territory of the European Union. The Customer is not entitled to delivery to every country. Delivery restrictions may arise, in particular, from statutory provisions, export-control requirements, sanctions or restrictions imposed by the carrier.

7.2 Unless expressly agreed otherwise in the individual quotation, deliveries to third countries will be made under the following delivery term:

FCA KRÄMER MOTORCYCLES GmbH, Gewerbepark Lindach B5, 84489 Burghausen, Germany – Incoterms® 2020.

Under FCA, we fulfil our delivery obligation by handing over the goods at the agreed place of delivery to the carrier or another person nominated by the Customer. We will complete export clearance to the extent required of us under the FCA rule.

7.3 Where agreed in the individual quotation, we may arrange transportation on behalf of or for the account of the Customer on customary terms. The resulting costs will be stated as shipping costs in the individual quotation and must be borne by the Customer.

7.4 In relation to consumers, the Incoterms® 2020 rules apply only with regard to the allocation of transportation costs, import charges and import formalities and only insofar as they do not conflict with mandatory consumer-protection provisions. In particular, the agreement of the FCA delivery term does not result in the transfer of risk to the consumer occurring earlier than provided for under mandatory statutory law.

7.5 The goods will not be dispatched until the total amount, including the product price and the quoted shipping costs, has been received in full. The applicable delivery time will be stated in the online shop or, in the case of deliveries to third countries, in the individual quotation. Unless a different delivery time has been agreed, delivery to consumers will take place no later than ten days after conclusion of the contract.

7.6 Any information regarding the expected transportation or delivery time is non-binding unless it has expressly been agreed to be binding. This does not apply to the delivery time stated in the online shop or individual quotation or otherwise agreed as binding in accordance with clause 7.5. We are not responsible for delays caused by customs inspections, import formalities, governmental measures or a failure by the Customer to provide the required cooperation, unless the delay results from our own culpable breach of duty.

7.7 The Customer is required to provide all information and documentation required for import in a timely manner, pay all import duties and fees when due and accept delivery of the goods.

If the Customer refuses to accept delivery or the shipment is returned because import duties, taxes, customs fees or carrier fees have not been paid, the Customer shall bear the reasonable return transportation, storage, customs-clearance, processing and handling costs caused as a result, provided that the Customer is responsible for the failure and such recovery is permitted by applicable law.

Where we are legally required to refund amounts already paid, the refund will be processed after the goods have been returned and inspected. We are entitled to set off any due claims arising from costs or losses caused by the Customer. Mandatory statutory rights of withdrawal, rescission, liability for defects and consumer protection remain unaffected.

§ 8 Payment Terms

8.1 The payment methods available for the relevant order will be displayed to the Customer in the online shop or stated in the individual quotation. We reserve the right to exclude individual payment methods for certain orders, countries or Customers.

8.2 Payment for deliveries to third countries must be made exclusively in advance. The total amount stated in the individual quotation, consisting of the price of the products ordered and the shipping costs, must be paid in full within the payment period stated in the quotation. The goods will not be dispatched until full payment has been received.

The Customer is not entitled to unilaterally deduct or withhold the shipping costs stated in the individual quotation. Mandatory statutory rights of set-off and retention remain unaffected.

8.3 If the Customer is in default of payment, the statutory default interest rates apply. For consumers, the default interest rate is five percentage points above the applicable base interest rate. For legal transactions in which no consumer is involved, the default interest rate is nine percentage points above the applicable base interest rate. We reserve the right to claim compensation for any further loss caused by the default.

§ 9 Liability for Defects

9.1 If the Customer is a consumer, the Customer’s rights in the event of defects are governed by the statutory provisions.

9.2 If the Customer is a trader, the statutory provisions apply subject to the following provisions.

9.2.1 If the purchase constitutes a commercial transaction for both contracting parties, the duties of inspection and notification of defects under section 377 of the German Commercial Code (Handelsgesetzbuch – HGB) apply. If the Customer fails to carry out the required inspection or notify us of a defect, the goods will be deemed approved unless the relevant defect was not detectable during the inspection. If such a defect becomes apparent at a later date, it must be reported without undue delay after its discovery. Section 377 (5) HGB remains unaffected.

9.2.2 The limitation period for claims for defects asserted by traders is one year from delivery of the goods.

The reduction of the limitation period does not apply:

a) to claims for damages arising from injury to life, limb or health;

b) to claims for damages arising from an intentional or grossly negligent breach of duty by us, our legal representatives or our vicarious agents;

c) where we have fraudulently concealed a defect or assumed a guarantee regarding the quality of the goods; or

d) to statutory rights of recourse within a supply chain, in particular under sections 445a, 445b and 478 of the German Civil Code (Bürgerliches Gesetzbuch – BGB).

§ 10 Liability

10.1 We are liable without limitation for losses resulting from an intentional or grossly negligent breach of duty by us, our legal representatives or our vicarious agents.

10.2 We are also liable without limitation for losses arising from injury to life, limb or health resulting from an intentional or negligent breach of duty by us, our legal representatives or our vicarious agents.

10.3 In the event of a slightly negligent breach of a material contractual obligation, our liability is limited to the loss that was typical for the contract and foreseeable at the time the contract was concluded. Material contractual obligations are obligations whose fulfilment is essential for the proper performance of the contract and on compliance with which the Customer may regularly rely.

10.4 In all other respects, liability for losses resulting from a slightly negligent breach of duty is excluded.

10.5 The above limitations of liability do not apply to claims under the German Product Liability Act (Produkthaftungsgesetz), or where we have assumed a guarantee or fraudulently concealed a defect.

10.6 Insofar as our liability is excluded or limited, this also applies for the benefit of our legal representatives, employees, workers, staff and vicarious agents.

§ 11 Customer Service

Please contact us if you have any questions, complaints or claims. You can reach us from Monday to Friday between 9:00 a.m. and 4:00 p.m. by telephone at +49 8677 7664799-0 or by email at info@kraemer-motorcycles.com.

§ 12 Consumer Dispute Resolution

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer conciliation body.

§ 13 Applicable Law and Place of Jurisdiction

13.1 German law applies to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.

13.2 In relation to consumers, this choice of law does not affect the protection afforded to them by the mandatory provisions of the law of the country in which they have their habitual residence.

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

§ 14 Miscellaneous

14.1 The contractual language is German. This English-language version of the GTC is provided for convenience only. In the event of any discrepancy or inconsistency, the German-language version shall prevail.

14.2 If one or more provisions of these GTC are invalid, the remainder of the contract shall remain valid. To the extent that any provisions are invalid, the contents of the contract shall be governed by the applicable statutory provisions.

Version: July 2026