Terms and Conditions
for the online shop at the following URL
run by
HOREX Motorcycles GmbH
3C-Ring 1
86899 Landsberg am Lech
E-Mail: info@horex.com
Fon: 0819196963000
- hereinafter referred to as: Provider -
1. Scope
These General Terms and Conditions (GTC) shall apply, upon their incorporation, to all contracts concluded for the purchase of goods, services or other items (hereinafter referred to as “Goods”) in the online shop at the above URL, in the version valid at the time the contract is concluded. These GTC apply exclusively. Any deviating terms and conditions of the customer shall not form part of the contract unless the supplier expressly agrees to them.
2. Conclusion of the contract
2.1 The offers in the online shop constitute a non-binding invitation by the provider to visitors to the online shop to submit an offer to purchase the goods offered in the shop.
2.2 The goods are ordered via the supplier’s online order form. Once the desired goods have been selected, all the required information has been entered and all other mandatory steps in the ordering process have been completed, the selected goods can be ordered by clicking the ‘Order’ button at the bottom of the checkout page (Order). By placing the order, the customer makes a binding contractual offer to purchase the selected goods. The contract is concluded when the supplier accepts the customer’s offer. Acceptance takes place when the provider confirms the conclusion of the contract in writing or in text form (e.g. by email) (order confirmation) and this order confirmation is received by the customer, or when the provider delivers the ordered goods and these goods are received by the customer, or when the provider requests payment from the customer (e.g. invoice or credit card payment during the ordering process) and the payment request is received by the customer; the time at which the contract is concluded is determined by the time at which one of the alternatives mentioned in the first half-sentence occurs for the first time.
2.3 Before submitting a binding order via the provider’s online order form, the customer can review their entries and correct them at any time using the standard keyboard, mouse, touch or other available input functions. Furthermore, all entries are displayed once more in a confirmation window before the order is submitted, and can also be corrected there using the standard keyboard, mouse, touch or other available input functions.
2.4 The supplier will store the text of the contract after it has been concluded and send it to the customer in writing (e.g. by email). The supplier will not make the text of the contract available in any other way. If the purchase was made via a customer account in the online shop, the customer can view their orders and the associated order details there.
2.5 The following languages are available for the conclusion of the contract: German, English, Italian, French, Spanish
.
3. Right of withdrawal for consumers
Consumers generally have a right of withdrawal in respect of contracts concluded outside business premises and distance contracts. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their self-employed professional activity. Further details can be found in the cancellation policy, which is provided to every consumer at the latest immediately before the contract is concluded.
4. Payment, default
4.1 The prices listed in the online shop at the time of ordering apply. All prices include VAT at the statutory rate, plus any delivery charges that may be listed. The customer will be informed of the available payment options in the provider’s online shop.
4.2 If „advance payment" has been agreed, the purchase price is due immediately upon conclusion of the contract.
4.3 If „purchase on account” has been agreed, payment is due immediately upon conclusion of the contract, unless a different payment term has been specified in the invoice or during the purchase process.
4.4 If „SEPA Direct Debit” has been agreed, payment is due immediately upon conclusion of the contract. Before the purchase price is debited, the customer will be informed of the expected date of the debit (pre-notification). The direct debit will not be taken before receipt of this pre-notification and not before the deadline specified in the pre-notification. If the direct debit fails due to insufficient funds, the provision of incorrect bank details or for other reasons for which the customer is responsible, the customer shall bear any chargeback fees incurred, provided that they are responsible for the failure of the direct debit.
4.5 If payment by credit or debit card has been agreed, the purchase price is due immediately upon conclusion of the contract.
4.6 If payment via „PayPal" has been agreed, the purchase price is due immediately upon conclusion of the contract. Payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.
4.7 If „Sofortüberweisung” has been agreed, the purchase price is due immediately upon conclusion of the contract. Payment processing is handled by Sofort GmbH, Theresienhöhe 12, 80339 München.
4.8 If „Apple Pay“ is selected as the payment method, the payment will be processed via the payment service Apple Inc., Infinite Loop, Cupertino, CA 95014, USA. Payment is due immediately upon conclusion of the contract.
4.9 If you select „Google Pay” as your payment method, the payment will be processed by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Irland. Payment is due immediately upon conclusion of the contract.
5. Retention of title
The goods purchased remain the property of the supplier until the purchase price has been paid in full.
6. Delivery and reservation of the right to supply
6.1 Unless otherwise agreed, delivery will be made within the delivery time specified in the online shop to the delivery address provided by the customer. The applicable delivery times can be found in the online shop.
6.2 If the Provider is unable to deliver the ordered goods because they themselves have not been supplied, through no fault of their own, despite having concluded a corresponding covering transaction with a reliable supplier in good time, the Supplier shall be released from their obligation to perform and may withdraw from the contract. The Supplier is obliged to inform the Customer immediately of the impossibility of performing the service. Any consideration already paid by the contracting party shall be refunded to them without delay. Mandatory consumer law remains unaffected by this paragraph.
7. Warranty
The provisions of the statutory warranty for defects apply.
8. Liability and Indemnity
8.1 The Provider has unlimited liability:
- for damages resulting from injury to life, limb or health caused by an intentional or negligent breach of duty by the provider or by an intentional or negligent breach of duty by a legal representative or vicarious agent of the provider;
- for damage resulting from a breach of duty by the provider committed with intent or through gross negligence, or from a breach of duty by a legal representative or vicarious agent of the provider committed with intent or through gross negligence;
- on the basis of a warranty, unless otherwise agreed;
- due to mandatory liability (e.g. under the Product Liability Act)
8.2 If the Provider negligently breaches a material contractual obligation, their liability shall be limited to foreseeable damage typical for this type of contract, unless they are liable without limitation in accordance with the preceding paragraph. Essential contractual obligations are obligations which the contract imposes on the Provider, by virtue of its content, for the fulfilment of the purpose of the contract; the fulfilment of which is essential for the proper performance of the contract; and on the observance of which the Customer may regularly rely.
8.3 Furthermore, the provider, its agents and legal representatives shall not be held liable.
8.4 The customer shall indemnify the provider against any claims by third parties – including the costs of legal defence up to the statutory limit – brought against the provider as a result of the customer’s unlawful or breach-of-contract actions.
9. Privacy Policy
The provider treats its customers’ personal data confidentially and in accordance with the statutory data protection regulations. For further details, please refer to the provider’s privacy policy.
10. Final Provisions
10.1 The law of the Federal Republic of Germany shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods, provided that this choice of law does not result in a consumer whose habitual residence is in the EU being deprived of the mandatory statutory provisions of the law of their country of residence.
10.2 If the customer is a trader, a body governed by public law or a special fund under public law, the court at the provider’s registered office shall have jurisdiction, unless an exclusive place of jurisdiction has been established for the dispute. This also applies if the customer is not domiciled within the European Union. The registered office of our company is stated in the heading of these Terms and Conditions.
10.3 If any provision of this contract is or becomes invalid or unenforceable, the remaining provisions of this contract shall remain unaffected.
11. Information on Online-Dispute-Resolution / Consumer-Arbitration
The provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
You can find our email address in the header of these Terms and Conditions.