General terms and conditions

• § 1 General terms and conditions
• § 2 Conclusion of contract
• § 3 Customer data: Storage of your order information
• § 4 Customer data: Corrections
• $ 5 Payment options
• § 5 Retention of title
• § 6 Statutory warranty rights
• § 7 Liability limitation
• § 8 Cancellation policy
• § 9 Voluntary return policy

§ 1 General terms and conditions

The following general terms and conditions shall govern the contractual relationship between motoin GmbH and consumers purchasing goods via our online shop. Contract language is German.

§ 2 Conclusion of contract

1. 1. Our online offerings represent a non-binding offer for you to purchase goods.
2. 2. You can place one or more items in your shopping basket. You will be entering your personal information and decide on your preferred payment method, delivery modalities, etc. as part of the order process. You will be submitting a binding offer to purchase by clicking the order submission button. You can alternatively submit a binding order by phone or fax. The receipt confirmation you will automatically receive by email or fax does not constitute an acceptance of your offer to purchase.
3. 3. We have the right to accept your offer of purchase within 2-7 business days by sending you an order confirmation via email. Should this period named in the above sentence elapse without a reply, then your offer of purchase was rejected, which means you are no longer bound by your offer. In case of an order submitted by phone, a purchase contract comes into force if we accept your offer immediately. Should the offer of purchase not be accepted immediately, then you are no longer bound by your offer.

§ 3 Customer data: Storage of your order information

Your order, including details regarding the agreed contract (e.g. type of product, price, etc.) will be stored by us. We will be sending you our T&C with your order confirmation, but you can also review our T&C at any time after contract conclusion via our website

As a registered customer, you will be able to review your order history via the customer login area (My customer account).

§ 4 Customer data: Corrections

You can edit and modify your input at any time before submitting your order by clicking the “Delete” button. We will point out other opportunities to make corrections throughout the order process. Alternatively, you can abort the order process entirely by simply closing your browser window.

§ 5 Payment options

You can pay by Paypal/Paypal Express, by Amazon Pay, by credit card (Visa, Mastercard, American Express), by online bank transfer, by direct debit and by instant bank transfer. The amount will be debited when the order is completed. Alternatively, you can order by invoice, payment by installments, prepayment or cash on delivery.

§ 6 Retention of title

We retain ownership of all delivered goods until the purchase price has been paid in full.

§ 7 Statutory warranty rights

1. Warranty rights

   Statutory warranty rights are provided for our products.

2. Statute of limitation

   The statute of limitation regarding claims for product faults is one year from the time of transfer of ownership of the sold goods to you. Exempt from this regulation are claims for damages, claims for faults we have fraudulently concealed and claims from a warranty we have assumed with regards to the quality of the goods. Statutory statutes of limitation apply for these exempted claims.

§ 8 Liability limitation

We exclude any liability for duties breached due to slight negligence, provided these do not refer to contract-relevant duties, damage from injury to life, body or health, or any warranties or claims covered by product liability legislation. The same shall apply for breaches of obligation perpetrated by our agents or legal representatives. Contract-relevant duties include specifically the obligation to hand over the object and to transfer ownership to the customer. We are furthermore obligated to procure the goods for you free from physical or legal claims.

§ 9 Cancellation policy

1. Cancellation right

   You have the right to cancel this contract within 14 days without stating a reason.

   The cancellation period is fourteen days from the date you or a third party named by you and who is not the carrier have/has taken possession of the final goods delivery.

   In order to exercise your cancellation right, you must notify us (motoin GmbH, Rotter Bruch 26a, 52068 Aachen, Germany, service@motoin.de, Telefon +49 241 4125990, Telefax +49 241 4125991) by way of a clear declaration in writing (e.g. a registered letter, a fax message or an email) of your decision to cancel the contract. You can use the sample cancellation form provided, but its use is not mandatory.

   It will suffice to send your notification of exercising your right to cancellation within the given cancellation period.

2. Results of cancellation

   Should you cancel this contract, we will be obligated to refund all payments received from you minus the shipping costs (with the exception of additional costs incurred by you due to choosing another type of delivery than the lowest cost standard delivery offered by us) without delay and latest within fourteen days of the day on which we have received your cancellation notification.We will use the same payment method as the one via which we originally received your payment for the refund, unless a different payment method was specifically agreed; under no circumstances will you be charged fees for the refund. We have the right to withhold the refund until we have received the goods from the cancelled contract or until you have submitted proof that the goods are on their way back to us. You will be obligated to ship or hand back in person the goods from the cancelled contract without delay or in any case within fourteen days of the day on which you have notified us of the cancellation. The deadline shall be deemed met if you send off the goods before the end of the fourteen day period.

   You will be liable for the immediate costs of the goods return.

   You will only be charged for a loss of value of the goods if the deterioration is due to any handling of the goods on your part beyond the usual verification of the condition, characteristics and function of the goods.

3. Exclusion of the cancellation right

   No cancellation right exists for contracts

   • o for the delivery of non-standard goods, for the manufacture of which a specific selection or requirement of the consumer is mandatory or which are manufactured for the unique and specific requirements of the consumer.
   • o for the delivery of newspapers, magazines and illustrated publications with the exception of subscription contracts.

4. 4. Premature lapse of the cancellation right

   The cancellation right shall lapse prematurely for contracts for the delivery of audio and video recordings or computer software in sealed packaging, where the seal was removed after delivery.

5. Sample cancellation form

   Please fill out this form and send it back to us if you wish to cancel your contract with us.

   To:
   motoin GmbH
   Rotter Bruch 26a
   52068 Aachen

   Fax: 0241 4125991
   E-Mail: service@motoin.de

   I/We(*) herewith cancel the contract agreed with me/us (*) regarding the purchase of the following goods (*)/ the provision of the following services (*)

   (Please ad the exact product designation(s) here.)

   Ordered on ___________________ (*)/received on _______________________(*)

   Name(s) of the consumer(s):
   Postal address of the consumer(s):

   Date:

   Signature(s) of the consumer(s) (only for hardcopy notifications):

   (*) Delete as applicable

§ 10 Voluntary return policy

1. Voluntary return policy up to 100 days after receipt of goods

   For all purchases of items, in addition to the statutory right of withdrawal, we grant you a voluntary return policy for a total of 100 days from receipt of the goods. With this return policy, you can also withdraw from the contract after the expiry of the 14-day cancellation period (see cancellation policy above) by returning the goods to us within 100 days of receipt (period begins on the day after receipt of the goods), specifically to the address stated at the end of this clause 9.1. Timely dispatch is sufficient to meet the deadline. However, a prerequisite for exercising the voluntary return policy is that you have only worn/tried on the goods for fitting, as in a shop, and that you return the goods complete, in their original condition, intact and without damage in the original sales packaging. In the event of a return, as an end consumer from Germany, you can use the return label that you can print out yourself at www.motoin.de/account.php. If you have problems downloading the return label or if you do not have a printer available, please contact our customer service. The voluntary return policy does not apply to the purchase of gift vouchers.

   Please send the goods to:
   motoin GmbH
   Rotter Bruch 26a
   52068 Aachen
   

2. Refund

   If you exercise your voluntary return policy, the refund will be made to the account you used for payment. In the case of payment on account, online transfer, as well as transfer in the case of advance payment, the refund will be instructed to the account from which the transfer was made. If you have paid by Paypal / credit card, the refund will be made to the associated Paypal / credit card account.

3. Cancellation right not affected

   Your statutory right of withdrawal (cf. clause 8.) is not affected by compliance with our rules on the supplementary contractually granted (voluntary) right of return and remains in force irrespective of this. Until the expiry of the period for the statutory right of withdrawal, only the statutory conditions listed there apply. Furthermore, the contractually granted (voluntary) right of return does not limit your statutory warranty rights, which remain unrestricted.