General trading conditions
For all orders the following terms of delivery and sales are determining excluding. This applies also in the case of contrary purchasing conditions of the customer. Deviations of it are valid only, if they were confirmed by us in writing.
Offer and terms of delivery
All offers are not binding. The presentations of the product range on the server of MCS (motocross shop) do not represent a legally binding offer, but a noncommittal on-line catalogue. Technical changes, as well as price adjustments we reserve ourselves expressly. Sales-Items are excluded from conversion. The customer orders the goods he wants by mailing the data, which can be filled out in the order mask or an order form. The contract comes off, if Motocross-Shop.de and the third parties accept this offer. The acceptance takes place under the reservation of the availability of the ordered goods. The explanation of the acceptance opposite the customer is not necessary, the customer refrains from this iSv §151 p.1 BGB. When sending the order, the Internet customer automatically gets an order confirmation by E-Mail, which is created by the Shop system and which contains the valid general trading conditions. On telephone/fax or informal order, the customer acknowledges the general trading conditions. Partial deliveries are permissible.
Prices and terms of payment
All published final consumer prices (EURO) contain the relevant valid VAT and are not-binding. Payment has to be carried out excluding cash, cash in advance, by bank transfer, cash on delivery or credit card. The customer bears all cost resulting from packing and dispatch.
Dispatch and packing
Dispatch takes place starting from Uedem. The danger passes over to the customer, as soon as the goods leave our business premises. The seller, who endeavours himself to select the most inexpensive and safest dispatching and manner of packing, determines type of dispatching and packing. Transport insurances only come after explicit request of the buyer and will be debited to his account. In case of a possible damage of the consignment, the buyer is committed to indicate this damage immediately to the transport company, since this must usually happen within 24 hours.
Right of revocation and return
You receive a right of revocation of the order respectively a return right of 14 days for deliveries (“Fernabsatzgesetz”). Here only for unused and original packed articles (in any case please enclose a copy of the invoice and the filled out return slip). The purchaser bears the cost for the return – we in principle do not accept returns, for which we must pay postage (unfranked). After receipt and examination of the returned goods you will receive a credit note from us
All articles and furnished services are exclusively intended for the engine-sport competition. Therefore a use on public roads is inadmissible. For possible damage and for errors of our suppliers we do not take over any liability. All claims of the buyer or third parties against the seller caused by accidents of all kinds are expressly impossible. We do not take over any warranty for engine treatment, on which Tuning parts are used. The same applies to Tuning parts within the chassis range, supplied or installed by us, performance-enhancing measures at engines or changes at the vehicle, which do not correspond to the original condition, even if these are only carried out to a very slight degree. These are intended only for the engine-sport competition. An activity with these components on public roads is not permissible. For all construction units distributed by us it applies that: Only if the authorization to usage on public roads is explicitly pointed out, this also is the case. On request we give information about authorization in writing for all other construction units. The use on racing courses or the like takes place on own danger and responsibility! Possibly existing authorization permission will be explicitly mentioned in the article description, if available. For the acceptance by the technical inspection agency and ability for registration for all parts supplied by us, we do not take over warranty.
We are liable within the scope of the legal warranty for defects, which exist at delivery to the customer, over the legal warranty period of 2 years, counted starting from delivery of the purchase goods. Equipment and parts underlying the natural wear and tear are excluded from the warranty. Upon existence of a defect that is accepted by us, we are entitled to removal or replacement of the defect to the best of our judgement. The customer is obligated to communicate an arising defect within 7 days.
All changes/altered sections, which do not correspond to the original and standard condition of the vehicle/or accessories, are only for usage in the engine-sport competition. For this the warranty guidelines of the general trading conditions for work contracts and spare parts are not applicable.
Fulfilment of the laws
The customer is committed to demonstrate all vehicles, which participate in the public traffic, to the technical inspection agency and to get approval from them. We do not take over guarantee for the acceptance and ability of registration for all parts supplied by us!
Place of delivery and jurisdiction
Place of delivery for all supplies and performances is Kleve. Place of jurisdiction is the general place of jurisdiction. For traders, place of jurisdiction is Kleve; this also applies to customers, whose general place of jurisdiction is not situated in the inland
Retention of title
We reserve ourselves the property of the purchased goods until receipt of the complete payment from the contract.
The right of the Federal Republic of Germany applies as agreed upon for all contracts closed with us. The Vienna UN agreement regarding the international purchasing is excluded.