General Terms and Conditions
General Terms and Conditions (AGB) Fa. Delta Custom Bikes, owner Christoph Meyer, for the online shop under the domains www.delta-custom-bikes.de ; www.delta-custom-bikes.com.
§ 1 Scope of application
For the business relationship between Delta Custom Bikes, Uelzener Str. 8, 29574 Ebstorf and the buyer, the following General Terms and Conditions (hereinafter: the GTC) shall apply in the version valid at the time the offer is submitted. With the order, the buyer expressly confirms that he has taken note of and agrees to the following General Terms and Conditions of the seller.
Any deviating terms and conditions of a buyer to be regarded as an entrepreneur shall not apply, even if the seller does not expressly object to their inclusion. This provision does not exclude the possibility of verbal agreement of other conditions, in particular between a buyer to be regarded as a consumer and the seller.
A consumer is any natural person who concludes a legal transaction - such as a purchase contract - for a purpose that cannot be attributed to either his commercial or his self-employed professional activity. Otherwise the natural person is to be qualified as an entrepreneur.
§ 2 Conclusion of contract and scope of application
1 A purchase contract can be made via our Internet shop www.delta-custom-bikes.de / .com or by telephone order. A purchase contract is concluded when we have confirmed your order directly in the online ordering process by email and your payment has been received by us. An online conclusion of contract is not possible without your acceptance of the terms and conditions as well as with consumers the knowledge of the revocation instruction and the general information duties in the order process. Please print out the general terms and conditions and include them in your contract documents.
With telephone or email order the contract comes off after order confirmation letter by fax or email, which AGB and revocation instruction are attached.
2. the contract for work and services law applies to the order of individual productions. This requires a separate order for manufacture. Please let us know exactly which adjustments are to be made. We then confirmed this with the order confirmation and the note that this order is an individual production. This concerns all components and installations which are individually adapted and installed by us, as is the case with many orders with us (e.g. fender adaptation to your wheel or the like). With regard to the factory, § 631 ff. apply. BGB, according to which the customer must accept the work, defects must be reported immediately and Delta Custom Bikes has the right to rectify the defect. Details are regulated below. Please pay particular attention to the special features of the warranty right and the right of revocation for consumers.
3. in the case of orders from merchants, the contract may also be concluded by an unopposed commercial letter of confirmation from Delta Custom Bikes. Without immediate (as a rule 1 day) objection of the buyer, who is an entrepreneur, the terms and conditions of contract and general terms and conditions of Delta Custom Bikes are accepted.
4) A contract will only be concluded with buyers who have reached the age of 18 and are fully contractually capable. An exception to this principle only applies with the prior consent of the buyer's legal representative, which must already be available to the seller at the time of the submission of the offer by the buyer.
5. the contract text is communicated during the ordering process in such a way that it can be saved and or printed out by the customer himself. Delta Custom Bikes also saves the contract text as far and as long as it is necessary for the execution of the contract and can also be inspected on request and legitimation in the business premises of Delta Custom Bikes.
In the event that you make a mistake during the ordering process, e.g. by entering the wrong quantity, please immediately send a correction e-mail to Delta Custom Bikes, see under Contact, or correct the order by telephone. This will be considered and corrected accordingly.
Basically, the contract can be concluded in German and English. You have to choose the German or English shop page. This is done via the corresponding flag symbols on the homepage.
§ 3 Prices and shipping costs
1. all prices quoted by the seller are gross prices in EUR incl. German VAT. The dealer lists are excluded from this and have to be inquired separately. The current price list for the status indicated there shall apply in each case. Price changes are possible and will be communicated in good time before the conclusion of the purchase. In these prices the legal value added tax is already contained just like a simple packing with. By contrast, any delivery costs incurred, in particular for deliveries abroad, special packaging and/or insurance costs, shall be charged additionally by the Seller and shall be taken from the item description or the shipping conditions, insofar as the provision of these services is offered by the Seller. Any other obligation to bear costs resulting from § 6 para. 4 of the General Terms and Conditions in the event of revocation of the purchase contract by a consumer shall remain unaffected.
Even in the case of immediate payment, the purchaser shall not be entitled to deduct a discount, unless this is expressly assured in individual cases.
3. the seller shall deliver the object of purchase without charging statutory value-added tax if the conditions for intra-Community delivery are met. The buyer must prove these requirements by stating his name and address, the branch of trade or profession and a valid VAT identification number (USt.-IdNr.) during the purchase process.
4 The Euro (EUR) shall be deemed to be the currency of the transaction. The Seller shall issue the invoice exclusively in Euro (EUR) and the payments to be made by the Buyer shall only be permitted in Euro (EUR).
§ 4 Delivery, Delivery Periods, Obligation to Complain
1. all goods are available after complete invoice payment according to the article description. This does not apply to custom-made products according to § 2 No. 2.
The delivery takes place at the risk and expense of the buyer (§ 447 BGB) unless expressly agreed otherwise. At the buyer's request, the seller is entitled but not obliged to insure the goods for the buyer's account.
Complaints by the commercial buyer (entrepreneur) regarding the scope of the delivery, obvious defects, wrong delivery or quantity deviations must be asserted immediately against the seller in writing or by telephone. If the Buyer fails to notify the Seller immediately although he is obliged to do so under this paragraph, the delivery shall be deemed to have been approved.
The obligation to give notice of defects applicable to entrepreneurs in paragraph 3 of this paragraph shall also apply to a consumer if the defect in the delivered goods is obvious. An obvious defect shall be deemed to exist if it becomes apparent in such a clear manner that it also attracts the attention of the average purchaser who is not professionally educated without special attention. In contrast to the regulation for entrepreneurs, the consumer must notify the seller within 14 days. The period begins with the time of receipt of the goods by the buyer. The regulation of this paragraph leaves the right of revocation of the buyer to be regarded as a consumer according to § 6 AGB unaffected.
§ 5 Due date, payment, default
Unless otherwise agreed, the goods shall be delivered exclusively on prepayment, i.e. the goods shall only be handed over or handed over to the transport person upon receipt of the complete invoice amount, i.e. including shipping costs and any other stated costs.
The purchase price is due upon invoicing after conclusion of the contract (see above § 2) between the seller and the buyer. It is to be paid by the buyer by prepayment, cash on delivery, PayPal.
If the buyer does not pay the purchase price in advance within 10 days after the conclusion of the contract (see above § 2) and the sending of a proper invoice by the seller, he will receive a one-time payment reminder from the seller. Should another 10 days elapse from the time of receipt of this payment reminder by the buyer without the seller being able to book a receipt of payment, she will send the buyer a maximum of 3 written reminders. The second and the third reminder will trigger a reminder fee of 5 Euro each, whereby the buyer reserves the right to prove a lower damage or the absence of a damage. The Seller shall be entitled, at its discretion, to cancel the Buyer's order and withdraw from the contract after the expiry of the period set in the first reminder. After the expiry of the payment deadline set in the first reminder, the Seller shall be entitled to initiate legal dunning proceedings or to instruct a lawyer or a collection agency to collect the claim.
§ 6 Withdrawal
§ 8 Retention of title
The delivered goods remain the property of the seller until the purchase price for these goods has been paid by the buyer (simple retention of title).
In commercial business transactions (entrepreneurs), ownership of the purchased goods shall not pass from the seller to the buyer until the buyer has settled all claims arising from the business relationship with the seller (extended retention of title). A commercial business transaction is given with the delivery of goods from the seller to an entrepreneur.
3. if the retention of title of the seller in a commodity acquired in the commercial course of business (entrepreneur) expires by resale, connection or processing of the purchased commodity by the buyer, then the new thing or the demand resulting from one of the designated actions (extended retention of title) steps in the place of the purchased commodity.
§ 9 Warranty
1 The statutory warranty periods for defects shall apply. In the case of custom-made products and complete superstructures and conversions, the law governing contracts for work and services shall apply. In the case of defective goods, the buyer, who is the consumer, can oblige the seller to remedy the defect or to make a replacement delivery or repair. He may, at his own discretion, also leave the choice to the seller upon notification.
The assignment of warranty claims of the buyer against the seller to third parties is excluded. If the Buyer sells the goods delivered by the Seller to third parties, he shall not be permitted to refer to the Seller on account of the associated statutory and/or contractual warranty claims.
3. claims of the customer due to material defects shall become time-barred in accordance with the statutory provisions, i.e. two years in the case of new parts, one year in the case of used parts from delivery of the goods in the case of a purchase contract or one year from acceptance of the contractual item in the case of a contract for work and services.
4. the seller shall be entitled to subsequent performance, in the case of a contract for work and services to rectification in our company. In the event that the Buyer is an entrepreneur, the following shall apply: If a second rectification of defects also fails because the rectification of defects or the replacement delivery fails or is objectively or subjectively impossible or has been refused without justification, seriously and finally or has been unreasonably delayed, the Buyer shall be entitled to withdraw from the contract or reduce the remuneration without prejudice to any claims for damages.
5 In the event of fraudulent concealment of defects or the assumption of a guarantee for the quality, further claims shall remain unaffected.
If the customer is a merchant, a maximum period of 10 calendar days after first knowledge of the defect, § 377 para. 1 and 3 HGB (German Commercial Code) applies. As far as a defect is indicated, the customer must give us the opportunity to examine this defect.
§ 10 Liability
The following exclusions and limitations of liability shall apply to the Seller's liability for damages, notwithstanding the other statutory conditions for claims:
The Seller shall be liable without limitation if it is guilty of intent or gross negligence. In the event of simple negligence, the Seller shall only be liable in the event of a breach of an obligation the fulfilment of which is essential for the proper performance of the contract and on the observance of which the Buyer may regularly rely (cardinal obligation). In all other respects, any liability for damages of any kind, regardless of the basis of claim, including liability for culpa in contrahendo is excluded.
If the Seller is liable for simple negligence in accordance with the above paragraph, his liability shall be limited to the damage which he typically had to expect to occur under the circumstances known at the time of conclusion of the contract.
These exclusions and limitations of liability shall not apply if the Seller has assumed a guarantee for the quality of the goods or has fraudulently concealed the defect in the goods. Furthermore, the Seller shall be liable without limitation for damages which are to be compensated in accordance with the Product Liability Act and for damages to life, limb and health.
These exclusions and limitations of liability shall also apply in favour of the Seller's employees and vicarious agents as well as in favour of other third parties used by the Seller for the performance of the contract.
We assume no liability for the legal admissibility of the parts delivered to us for installation, unless we expressly warrant this. Conversions and modifications may be subject to registration. The customer himself is responsible for this.
§ 11 General Information on Operating Permits, Acceptance and Insurance
If parts have an ABE from the manufacturer or a Tüv expert opinion, these are enclosed with the ordered goods. After modifications / performance increases a TÜV acceptance is usually necessary. Before the conversion, check with your technical test centre to see whether your wishes can be registered there. We will be happy to assist you and provide you with the relevant information on the desired conversion. Your insurance company must also be informed about the conversions.
§ 12 USA & Canada
Our "Kit´s and Parts", i.e. all parts from our own production, are not approved for use in Canada and the USA.
§ 13 Data protection declaration and consent
The current data protection declaration can be viewed at any time on the website under
https://delta-custom-bikes.de/en/data-protection
can be retrieved and printed by you.
§ 14 Trademarks
The trademarks used, such as Honda® Kawasaki®, Suzuki®, Yamaha®, etc., as well as trade names such as:
e.g. VT 750 C Shadow (RC29 / RC50) etc. are always the property of their respective owners.
Manufacturer. They are listed here for reference purposes only.
Delta Custom Bikes® is not an authorized dealer of any of the named manufacturers.
Delta Custom Bikes® is also trademarked and may not be used without written permission.
§ 15 Place of performance, place of jurisdiction, legal system
1. with regard to the conclusion of a contract with entrepreneurs or corporations under public law, the place of performance for the delivery of the goods and the payment of the purchase price shall be the registered office of the seller in 29574 Ebstorf.
2 The place of jurisdiction for merchants (entrepreneurs) shall be the district court of Uelzen or the regional court of Lüneburg.
3. if the buyer moves his residence or his usual place of residence out of the area of application of the Federal Republic of Germany after conclusion of the contract, then in principle the competent court for Uelzen is place of jurisdiction. This agreement shall also apply in constellations in which the buyer's domicile or habitual residence is not known at the time the action is filed.
4 The conclusion of the contract between the seller and the buyer is subject to the law of the Federal Republic of Germany. The application of the UN Convention on Contracts for the International Sale of Goods is excluded. In the case of consumers who have their residence or habitual abode within the European Union but outside the Federal Republic of Germany, this choice of law shall only apply to the extent that the protection granted by mandatory legal provisions of the state in which the consumer has his residence or habitual abode is not thereby withdrawn.
§ 16 External Links / Disclaimer
For your optimal information you will find links on our pages which refer to pages of third parties. As far as this is not obviously recognizable, we point out to you that it concerns an external link. Delta Custom Bikes has no influence whatsoever on the content and design of these pages of other providers and excludes liability for third-party content.
§ 17 Severability clause
Should individual provisions of the contract including these provisions be invalid in whole or in part, the validity of the remaining provisions or parts of such provisions shall remain unaffected.
§ 18 Dispute settlement procedure
The European Commission provides a platform for the extrajudicial online settlement of disputes between consumers and online traders (OS platform), which can be accessed at www.ec.europa.eu/consumers/odr We are neither obliged nor willing to participate in the dispute resolution procedure.
Ebstorf: Status 02.01.2024