Terms and Conditions

A. General Terms and Conditions (AGB) of Thunderbike www.thunderbike.de.

§ 1 Scope of application

1) The following General Terms and Conditions of Business (hereinafter referred to as the GTC) shall apply to the business relationship between the company Thunderbike, owner Andreas Bergerforth e.K., Güterstr. 5, 46499 Hamminkeln, Germany, and the buyer in the version valid at the time of the offer. By placing an order, the buyer expressly confirms that he has taken note of and agrees to the following General Terms and Conditions of the seller.

2. deviating 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 terms and conditions, especially between a buyer to be regarded as a consumer and the seller.

3) 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 independent professional activity. Otherwise the natural person is to be qualified as an entrepreneur.


§ 2 Conclusion of contract 

1. a sales contract for our goods can be made via our internet store https://shop.thunderbike.de online, by telephone order as well as in a retail store.

2. already with the adjustment of the respective product on our Internet site we submit to you a binding offer for the conclusion of a contract over the on-line shopping cart system to the conditions in the description of article.

3. the contract comes off thereby as follows:

The articles selected for purchase are placed in the "shopping cart". By clicking on the corresponding button in the navigation bar, you can access the "shopping cart" and make changes there, e.g. delete the articles.

If you want to have the article, click on "Checkout" and enter your personal data. After selecting the payment and shipping conditions, the order data will be displayed as a summary.

If you choose your Sofortzahl system (e.g. PayPal) as payment method, you will either be redirected to the order overview page in our online store or to the website of the provider of the Sofortzahl system.

With the Sofortzahl system, you enter your data there. Afterwards you will receive an overview of your order once again. Here you can also change your order again or cancel and go back (Internet browser).

By sending the order via the corresponding confirmation button (e.g. "buy") you declare the acceptance of our offer in a legally binding manner, whereby the contract with Thunderbike is concluded. 

4. your telephone inquiries and requests for quotations do not constitute a binding offer for you. On your inquiries you will receive a binding offer from us in text form (usually by e-mail), which you can accept within 1 week, whereby the purchase contract, as in a retail store, is concluded by two concurring declarations of intent. 

5. the order processing of all contract data is done by e-mail, which is partially automated. Therefore you have to make sure that the e-mail address you have deposited with us is correct, that the receipt of the e-mails is technically ensured and in particular that it is not prevented by SPAM filters.

6. a special feature applies to the order of individual productions (contract for work). This always requires a mutually confirmed contract with individual agreements. This contract is concluded in writing and contains its own individual regulations, which supplement the GTC. You make an inquiry and receive a written offer from us, which you can accept within 2 weeks. Only by this confirmation you have accepted our offer, so that a contract has been concluded. For these contracts, the statutory law on contracts for work and services applies.

7. in the case of orders from merchants, the contract may also be concluded by an unopposed commercial letter of confirmation from Thunderbike. Without immediate (usually 1 day) objection by the buyer, who is an entrepreneur, the contractual terms and conditions and general terms and conditions of Thunderbike shall be deemed accepted.

8. a contract shall only be concluded with buyers who have reached the age of 18 and are fully competent to enter into a contract. An exception to this principle shall only apply with the prior consent of the Buyer's legal representative, which must already be available to the Seller at the time the Buyer submits an offer.

9. in the event that you make a mistake in the ordering process, e.g. you specify an incorrect quantity, please immediately write a correction e-mail to Thunderbike, see under Contact, or correct the order by telephone. This will then be taken into account and corrected accordingly.


§ 3 Purchase prices and shipping costs

1. all purchase prices quoted by the seller are binding and apply including VAT and plus shipping costs.

2. the buyer is, unless otherwise expressly indicated, even in the case of immediate payment, not entitled to a discount deduction.

3. the seller delivers the object of purchase without charging statutory value added tax if the conditions for intra-community delivery are met. Buyer shall prove these prerequisites by stating his name and address, branch of trade or profession as well as a valid VAT identification number (VAT ID No.) during the purchase transaction.

4. the Euro (EUR) shall be deemed to be the transaction currency. Invoices issued by the Seller shall be issued exclusively in Euro (EUR) and payments to be made by the Buyer shall be permitted only in Euro (EUR).


§ 4 Delivery, delivery periods

1) According to the article descriptions, all goods are available after full payment of the invoice. This means that the dispatch of the ordered goods to places in Germany within 1 - 3 working days, for deliveries to the European Union (excluding Germany) within 3-5 working days or in other cases from the date of invoice (see § 2 AGB).

2. complaints of the commercial buyer (entrepreneur) due to the scope of the delivery, obvious defects, wrong delivery or quantity discrepancies must be made immediately to the seller in writing and by telephone. If the buyer fails to notify the Vendor immediately, although he is obliged to do so under this paragraph, the delivery shall be deemed to have been approved.

3. if you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold goods during shipment is only transferred to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment. 

4. if you are an entrepreneur, the delivery and dispatch is at your risk.


§ 5 Due date, payment, default

Unless otherwise agreed, delivery is made exclusively on advance payment, i.e. the goods are only handed over to the transport person upon receipt of the complete invoice amount, i.e. including shipping costs and any other designated costs.

2. 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 in advance, cash on delivery or by credit card.

3. if the buyer does not pay the purchase price in advance within 10 days after the conclusion of the contract (see § 2 above) 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 pass from the time of receipt of this payment reminder by the Buyer without the Seller being able to record receipt of payment, the Seller shall 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 that the damage or the absence of damage is less. The Vendor shall be entitled, at his discretion, to cancel the Buyer's order and withdraw from the contract already after expiry of the deadline set in the first reminder. The Vendor shall be free to initiate legal dunning proceedings or to instruct a lawyer or a collection agency to collect the claim already after the expiry of the payment deadline set in the first reminder.


§ 6 Right of revocation/-instruction for consumers 

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving reasons. The revocation period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, took possession of the goods. To exercise your right of withdrawal, you must

Company Thunderbike, owner: Andreas Bergerforth e.K., Güterstr. 5, 46499 Hamminkeln

Phone: 02852-6777-0; Fax: 02852-5444, e-mail: info@thunderbike.de

inform us by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this contract. You may use the attached sample revocation form for this purpose, but this is not mandatory. If you make use of this option, we will immediately (e.g. by e-mail) send you a confirmation of receipt of such a revocation.

In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.

Download revocation form

Consequences of revocation

If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we receive notification of your revocation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day you notify us of the cancellation of this agreement. This period shall be deemed to have been observed if you send the goods before the expiry of the fourteen-day period. You shall bear the direct costs of returning the goods.

End of the revocation instruction


§ 7 Retention of title

1. the delivered goods shall remain the property of the seller until the purchase price for these goods has been paid by the buyer (simple reservation of title)

2. in commercial business transactions (entrepreneurs), ownership of the purchased goods shall not pass from the Vendor to the Buyer until the Buyer has settled all claims arising from the business relationship with the Vendor (extended reservation of title). A commercial business transaction is given with the delivery of goods from the seller to an entrepreneur.

3. if the Vendor's reservation of title to goods acquired in commercial business transactions (entrepreneurs) expires due to the resale, combination or processing of the purchased goods by the Buyer, the purchased goods shall be replaced by the new object or the claim arising from one of the actions described (extended reservation of title).


§ 8 Warranty

1 The statutory warranty for defects shall apply. In the case of defective goods, the buyer, who is a consumer, can oblige the seller to remove the defect or to deliver a replacement. He can also leave the choice to the seller at his own discretion upon appropriate notification.

2. 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 Vendor to third parties, he is prohibited from referring to the Vendor for the associated statutory and/or contractual warranty claims.

3. the customer's claims for material defects shall become time-barred in accordance with the statutory provisions.

4. in the case of defects, we shall provide warranty at our discretion either by repairing the defect or by subsequent delivery. If the remedy of defects fails, you can choose to demand a reduction or withdraw from the contract. The removal of the defect is considered to have failed after the 2nd unsuccessful attempt, unless something else results from the type of item or the defect or other circumstances. In the case of rectification of defects, we do not have to pay for the higher costs incurred by the transfer of the goods to a place other than the place of performance if the transfer does not correspond to the intended use of the goods. In the case of contracts for work and services, we have the right to rectification of defects in our company. 

5. in the event of fraudulent concealment of defects or the assumption of a guarantee for the quality, further claims shall remain unaffected.

6. defects must be reported to us in writing after detection and before their removal, - 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. If a defect is notified, the customer must give us the opportunity to examine this defect.


§ 9 Liability

The statutory provisions shall apply to any liability of the Seller for damages. 


§ 10 Data protection declaration and consent

All information on data protection is available here: https://www.thunderbike.com/privacy-policy/


§ 11 Place of performance, place of jurisdiction, legal system

1) With regard to the conclusion of contracts with entrepreneurs or public corporations, the place of performance for the delivery of the goods and the payment of the purchase price is agreed to be the registered office of the seller in 46499 Hamminkeln, Germany.

2. the local court of Wesel or the regional court of Duisburg is agreed as the place of jurisdiction for merchants (entrepreneurs).

3 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 purchase law is excluded. In the case of consumers who have their domicile or habitual residence within the European Union but outside the Federal Republic of Germany, this choice of law shall only apply insofar as the protection granted by mandatory legal provisions of the state in which the consumer has his domicile or habitual residence is not withdrawn.


§ 12 Severability clause

If individual provisions of the contract, including these regulations, are invalid in whole or in part, the validity of the remaining provisions or parts of such provisions shall remain unaffected.


§ 13 Information on dispute resolution between consumers and online traders:

The European Commission provides a platform for out-of-court online dispute resolution (OS Platform), which can be accessed at www.ec.europa.eu/consumers/odr. We are obliged to participate in the dispute resolution procedure. You can find our e-mail address in our imprint. A list with the contact details of the recognized dispute resolution agencies can be found at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.adr.show.

The Universalschlichtungsstelle in Germany is:

Universal Arbitration Board of the Federal Government

Center for Mediation e.V.

Straßburger Straße 8

77694 Kehl am Rhein

Phone 07851 / 795 79 40

Fax 07851 / 795 79 41

e-mail: mail@universalschlichtungsstelle.de



B. Customer Information 


1. identity of the seller

THUNDERBIKE

Harley-Davidson Niederrhein

Andreas Bergerforth e.K.

Güterstraße 5

46499 Hamminkeln

contact

Phone: 02852-6777-81

Fax: 02852-5444

e-mail: info@thunderbike.de


Alternative dispute resolution:

Information on dispute resolution between consumers and online merchants:

The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be accessed at www.ec.europa.eu/consumers/odr. We are obliged to participate in the dispute resolution procedure. You can find our e-mail address in our imprint. A list with the contact details of the recognized dispute resolution agencies can be found at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.adr.show.

The Universalschlichtungsstelle in Germany is:

Universal Arbitration Board of the Federal Government

Center for Mediation e.V.

Straßburger Straße 8

77694 Kehl am Rhein

Phone 07851 / 795 79 40

Fax 07851 / 795 79 41

e-mail: mail@universalschlichtungsstelle.de


2. information on the conclusion of the contract

The individual steps for the conclusion of the contract, the conclusion of the contract and the possibilities for changes are carried out according to the regulations in § 2 "Conclusion of the contract" of our General Terms and Conditions of Business in Part A of these provisions (GTC).


3. contract language, contract text storage

a) Contract language is German or English. For the English version of the store click on the corresponding flag symbol. 

b) The complete contract text is not stored by us. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the print function of the browser. After receipt of the order by us, the order data, the information required by law for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.

c) In the case of requests for quotations outside the online shopping cart system, you will receive all contract data in text form as part of a binding offer, e.g. by e-mail, which you can print out or save on your PC.


4. essential characteristics of the goods or service

The essential characteristics of the goods and/or services can be found in the respective article offer.


5. prices and terms of payment

a) All purchase prices quoted by the seller are including VAT and plus shipping costs (see also § 3 AGB).

b) The resulting shipping costs are not included in the purchase price. They can be called up via the "Shipping Costs" button on our website or in the respective offer and are displayed during the ordering process. These are to be borne by you in addition, unless the delivery free of shipping costs is promised.

c) Arisen costs of the money transfer (transfer or exchange rate fees of credit institutions) are to be borne by you if the delivery is made to an EU member state, but the payment was arranged outside the European Union.

d) The payment methods available to you are usually displayed under an appropriately designated button on our website or in the respective offer with a symbol.

e) Unless otherwise stated, payment claims arising from the concluded contract are due for payment immediately (see § 5 of our General Terms and Conditions). 


6. terms of delivery

a) The terms of delivery, the delivery date as well as any existing delivery restrictions can be found in our General Terms and Conditions § 4 as well as additionally under an appropriately designated button on our website or in the respective offer. 

b) For the transfer of risk see § 4 No. 3 of our AGB. As far as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold goods during shipment is only transferred to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment. 

If you are an entrepreneur, the delivery and dispatch is at your risk.


7. legal liability for defects 

Liability for defects is based on the "Warranty" provision in § 8 of our General Terms and Conditions (AGB).  


Status 2.12.2020

Payment Methods
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