General Terms and Conditions nsu-quickly.de moped-spare-parts.de

 1. general these General Terms and Conditions (hereinafter also referred to as "GTC") apply to all business relationships between NSU Quickly und Moped Ersatzteile Krippl GmbH & Co. KG , owner Berthold Krippl, Siemensstraße 8, 77948 Friesenheim (hereinafter also referred to as "Vendor" or "Seller") and the customer (hereinafter also referred to as "Buyer"), the subject of which is the purchase of goods from the Vendor via the online shop at nsu-quickly.de and/or moped-ersatzteile.de. 

The supplier offers all goods (hereinafter also referred to as "offers") exclusively on the basis of these General Terms and Conditions. Deviating general terms and conditions of the customer are not recognised unless they have been expressly agreed to by the supplier. Individual agreements made with the customer in individual cases (including collateral agreements, supplements and amendments) shall take precedence over these terms and conditions and must be made in writing. Legally relevant declarations and notifications to be made by the customer to the provider after conclusion of the contract (e.g. setting of deadlines, notification of defects, declaration of cancellation or reduction) must also be made in writing to be effective.

 For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their commercial or independent professional activity. The provider saves the text of the contract upon registration and sends customers a confirmation of registration and the privacy policy as well as the GTC by email. Customers can also view these GTC at any time on the website.

 2. Registration

Registration for the provider's online shop is free of charge. There is no entitlement to admission. Only persons with unlimited legal capacity are authorised to participate. The data required for registration must be provided completely and truthfully by the customer. When registering, the customer chooses a personal user name and password. The user name may not infringe the rights of third parties or other name and trademark rights or offend common decency. The customer is obliged to keep the password secret and not to disclose it to third parties under any circumstances. Apart from the declaration of agreement with the validity of these General Terms and Conditions, the customer's registration is not associated with any obligations. The customer can delete his entry at any time under "My account". If the customer's personal details change, the customer is responsible for updating them. All changes can be made online after logging in under "My account". The customer is responsible for ensuring that their password is not made accessible to third parties. The customer assumes full responsibility for all actions taken using their access data. 

3 Conclusion of the contract

The order of a product by the customer constitutes a binding offer and the minimum order value is € 5.00 for deliveries within Germany and € 20.00 for deliveries abroad. The contract is only concluded upon acceptance of the offer/order by the provider in text form (order confirmation) or the provision of the service or goods by the provider. The provider is entitled to accept the contractual offer contained in the order within two weeks of receipt; if this period expires without result, the customer's offer is deemed to have been rejected. Selection of the goods Confirm by clicking on the "Add to shopping basket" button Check the details in the shopping basket Login to the online shop after registering and entering the login details (e-mail address and password). Re-check or correct the respective data entered. Binding dispatch of the order by clicking on the button "Order with costs" or "Buy" Further information on the ordering process can be found at https://moped-ersatzteile.de/hilfe/support https://nsu-quickly.de/

 4. Prices, terms of payment, dispatch

 The prices are due immediately upon ordering the goods. The supplier accepts payment in advance or via the online provider Paypal. The latter requires registration with Paypal. The customer receives further information during the ordering process. If payment in advance by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed otherwise. If payment is made using a payment method offered by PayPal, 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 (hereinafter referred to as "PayPal"), subject to the relevant PayPal terms of use. If the Customer - where offered - chooses to pay PayPal by direct debit, PayPal shall collect the invoice amount from the Customer's bank account after issuing a SEPA Direct Debit Mandate, but not before the expiry of the pre-notification period on behalf of the Seller. Pre-notification is any communication (e.g. invoice, policy, contract) to the customer that announces a debit by SEPA Direct Debit. If the direct debit is not honoured due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the direct debit although he is not entitled to do so, the customer shall bear the fees incurred by the respective credit institution as a result of the chargeback if he is responsible for this. The provider's terms and conditions of payment and dispatch can be viewed at https://nsu-quickly.de/en/shop-info/shipping-and-terms-of-payment/. Should several orders/deliveries be sent in one consignment at the customer's request, the supplier will charge a handling fee of max. €2. 5 Delivery and shipping conditions Unless otherwise agreed, goods shall be delivered by dispatch to the delivery address specified by the customer. The delivery address provided by the customer on eBay is decisive for the processing of the transaction. The seller has the right to determine a suitable dispatch route. As soon as the goods are handed over to the customer, the risk is transferred to the customer. This also applies to partial deliveries. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the sold item is only transferred to the customer when the item is handed over, even in the case of sale by despatch. If the transport company returns the dispatched goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful dispatch. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if the customer was temporarily prevented from accepting the service offered, unless the seller had given the customer reasonable advance notice of the service. In the case of self-collection, the seller shall first inform the customer by e-mail that the goods ordered by him are ready for collection. After receiving this e-mail, the customer can collect the goods from the seller's premises by arrangement with the seller. In this case, no shipping costs will be charged. If goods are delivered with obvious transport damage, the customer is requested to notify the seller of such damage as soon as possible. Failure to make a complaint or contact the seller has no consequences for the customer's legal claims and their enforcement, in particular for warranty rights. However, the customer thereby helps the seller to assert his own claims against the carrier or the transport insurance company. If goods are delivered outside the European Union and to Switzerland, import duties (customs duties) may be incurred; these are to be borne by the customer. 

6. Right of cancellation 

Cancellation policy and cancellation form Consumers are entitled to a right of cancellation in accordance with the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. Right of cancellation You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the date, In the case of a sales contract: on which you or a third party named by you, who is not the carrier, have taken possession of the last goods. In the case of a contract for several goods which the consumer has ordered as part of a single order and which are delivered separately: on which you or a third party named by you, who is not the carrier, have taken possession of the last goods. In the case of a contract for the delivery of goods in several partial shipments or pieces: on which you or a third party named by you, who is not the carrier, have taken possession of the last partial shipment or the last piece. In the case of a contract for the regular delivery of goods over a fixed period of time: on which you or a third party named by you, who is not the carrier, have taken possession of the first goods. If several alternatives coincide, the most recent date shall be decisive. 

To exercise your right of cancellation, you must contact us: 

To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired. Consequences of cancellation If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the 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 not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest. You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods. You must pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality. Special notes The right of cancellation does not apply to distance selling contracts for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly customised to the personal needs of the consumer; for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery; for the delivery of goods if they are inseparably mixed with other goods after delivery due to their nature; for the supply of sound or video recordings or computer software supplied on a sealed physical data carrier, e.g. a sealed CD-ROM or sealed DVD, if the seal has been removed after delivery; for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts. *************************************************************************** 

Sample cancellation form (If you wish to cancel the contract, please complete this form and return it to us). To: NSU Quickly und Moped Ersatzteile Krippl GmbH Co. KG Siemensstraße 8, 77948 Friesenheim Fax:07821-997711 E-Mail: info@nsu-quickly.de I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*) _____________________________________________________ Ordered on (*)/received on (*) __________________ Name of the consumer(s) _____________________________________________________ Address of the consumer(s) _____________________________________________________ Signature of the consumer(s) (only for notification on paper) __________________ Date __________________ (*) Delete as applicable. *************************************************************************** 

7.Retention of title If the Seller makes advance payment, it shall retain title to the delivered goods until the purchase price owed has been paid in full. The customer is not authorised to sell the goods to third parties or to take any other measures that could endanger the seller's ownership until the purchase price has been paid in full. 

8 Liability for defects Entrepreneurs must report any transport damage and obvious defects in writing within a period of 8 days from receipt of the goods; otherwise the assertion of claims for defects is excluded. Timely despatch shall suffice to meet the deadline. Warranty claims shall not exist if the defect that has occurred is causally related to the fact that the goods have been improperly handled or overused or parts have been installed in the goods whose use has not been authorised by the seller or the manufacturer or the goods have been modified in a manner not authorised by the seller or the buyer has not complied with the regulations on the handling, maintenance and care of the goods (e.g. operating instructions, processing instructions). In the case of returns that are not made within the scope of cancellation, processing fees of 10% of the purchase price, but at least €2 per replacement part, will be charged for the return of the replacement part, subject to the seller's consent to the return. For entrepreneurs, the liability period for defects is one year from delivery of the goods. This does not apply if the customer has not notified us of the defect in good time (Clause 1 of this provision). In the case of used goods, liability for defects is excluded for entrepreneurs. For consumers, the limitation period is two years from delivery of the goods; for used goods, the limitation period is one year from delivery of the goods. If the customer receives faulty assembly instructions, we are only obliged to supply faultless assembly instructions and only if the fault in the assembly instructions prevents proper assembly. The same applies to processing instructions. In all other respects, the statutory provisions on liability for defects shall apply. 

9 Liability and exclusion of liability 

The supplier shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence. Furthermore, the provider shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardises the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the customer regularly relies. In this case, however, the provider shall only be liable for the foreseeable damage typical for the contract. The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the goods and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected. Insofar as the liability of the supplier is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents. 

10. Applicable law, place of fulfilment and place of jurisdiction 

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. This choice of law shall only apply to a consumer insofar as it does not restrict any mandatory statutory provisions of the country in which the consumer is domiciled or habitually resident. For customers who are not consumers or who do not have an ordinary place of jurisdiction in Germany, the place of fulfilment for all services arising from the business relationship with the provider and the exclusive place of jurisdiction is the registered office of the provider, Friesenheim, Germany. 

11. information on online dispute resolution 

The European Commission provides a platform for online dispute resolution (OS), which you can find here http://ec.europa.eu/consumers/odr Consumers have the option of using this platform to resolve their disputes. The provider is not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board. 

12. packaging We use the services of Susa Solutions GmbH, Auf der Hude 87, 21339 Lüneburg, Germany, to fulfil our obligations under the German Packaging Ordinance.