General Terms and Conditions of Speed Products UK Ltd
I. Validity of the terms and conditions
1) The services and deliveries of Speed Products UK Ltd shall be carried out on the basis of these terms and conditions.
2. in the area of commercial business transactions, counter-confirmations of the buyer with reference to his terms and conditions of business or purchase are hereby expressly contradicted. This shall also apply in the event that these are transmitted by means of a letter of confirmation. 3.
Individual agreements remain unaffected by the aforementioned provisions.
II Delivery times, partial delivery
1. if the non-observance or delay of an agreed delivery period is due to force majeure, industrial dispute, fire, unforeseen obstacles or other circumstances for which Speed Products UK Ltd is not responsible, the delivery period shall be extended for the duration of these events. This applies accordingly in the event that Speed Products UK Ltd is in default of delivery when one of these events occurs. 2.
In the event of a delay in performance of more than one month within the meaning of clause 1, Speed Products UK Ltd and the customer shall be entitled to withdraw from the contract with regard to the delayed delivery. In the event of failure to meet the delivery date for reasons other than those referred to in Clause 1, the Customer shall only be entitled to withdraw from the contract. For the withdrawal by the customer it is necessary that he has set Speed Products UK Ltd a reasonable period of grace of at least 2 weeks in writing with a threat of refusal. 3.
In commercial business transactions Speed Products UK Ltd is entitled to make partial deliveries.
III Delivery, transport, transfer of risk
1. the risk is transferred to the customer when the goods are handed over to the transport company. This also applies if partial deliveries are made or Speed Products UK Ltd has taken on additional services, e.g. transport costs or delivery. 2.
2. by handing over the goods to the transport company, Speed Products UK Ltd is released from its obligation to perform. The goods are transported at the risk and for the account of the customer. The transport company will be determined by Speed Products UK Ltd excluding liability for the choice of the cheapest and fastest mode of dispatch. 3.
3. if the customer is in default of acceptance, Speed Products UK Ltd is entitled to demand the damage it has incurred, whereby the customer reserves the right to prove that the damage is less.
4) Speed Products UK Ltd will only take out transport insurance on the customer's account if specifically instructed to do so in writing. 5.
5 All consumers are entitled to the statutory right of withdrawal. If the right of withdrawal is exercised, the consumer shall bear the regular costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 40 euros or if the consumer has not yet provided the consideration or a contractually agreed partial payment in the case of a higher price of the goods at the time of withdrawal. Otherwise, the return shipment is free of charge.
IV. Conclusion of contract
1 All offers of Speed Products UK Ltd are subject to confirmation. A contract is only concluded upon order confirmation or delivery by Speed Products UK Ltd .
2 Speed Products UK Ltd will only become a contracting party to a purchase contract if it is not expressly pointed out during the ordering process via the Internet that no offer mediation to third party companies is being made here.
All prices include all taxes and other price components. In addition, delivery and shipping costs are incurred and are shown separately within the scope of the specific offer.
4. all photos and illustrations are symbolic and do not necessarily correspond to the specific articles and may differ due to their construction.
- Returns policy
Goods which prove unsuitable may be returned for refund, credit or exchange if they are returned to ourselves within 7 days of receipt. Subject to the following conditions:
- Items are returned carriage paid.
- Items are received in a resalable condition - As new and NOT used. Once the exhaust has been used, we are no longer able to accept the return for a full refund and charges will apply.
- Items should be returned unused in their original condition in order to secure a refund.
- Items are returned complete with all packaging in good condition. (We reserve the right to levy a charge to replace product packaging which is damaged or defaced).
- Items returned after 14 days from receipt may be subject to a restocking charge of not less than 10%. This does not affect your statutory rights.
- We cannot accept any items which have been specially ordered for you or manufactured to your specification for return.
- All returns are to be accompanied by the senders name and address, account number, order reference number (these can be found on the invoice), and reason for return. Please help us to help you.
- We cannot accept responsibility for returned parcels which are undelivered, please retain your proof of postage etc., you may require in the event of a claim with your carrier.
Speed Products UK Limited are not responsible for any labour charges incurred during fitment or removal of allegedly faulty (or incorrectly supplied or ordered) parts.
Please advise Speed Products UK Limited of any problems with shortages or carrier damage within 5 days of receipt. We regret that beyond this time, due to circumstances beyond our control we may be unable to process your claim.
VI Warranty, inspection obligations
1 Speed Products UK Ltd guarantees within the scope of the following provisions, for the duration of the statutory warranty period, that deliveries and services are free of defects in the sense of the warranty. 2.
Obvious defects must be reported in writing within 14 days of receipt of the delivery. In commercial business transactions, it is necessary that the commercial customer has duly fulfilled his obligations to inspect and give notice of defects as stipulated in §§ 377, 378 HGB (German Commercial Code).
The warranty does not cover defects and damage which are causally connected with the fact that the customer has not complied with the regulations on installation and use and the conditions of use, unless the customer proves that these circumstances are not the cause of the defect complained of. The warranty also expires if the customer modifies the goods or if the customer modifies goods, in this case exhaust systems and their mufflers, opens them or removes or damages parts and does not have them installed and assembled by a specialist motorbike workshop. Basically, all exhaust systems must be retuned. A Jet kit or FI 2000 R Fuel Management System or a Powercommander can be used for tuning. 4.
4. in case of warranty the consumer has the choice of supplementary performance: he can demand the removal of the defect (repair) or the delivery of a defect-free item (replacement), whereby this replacement can be of the same age and is not to be equated with a brand new replacement, the latter only has to function properly. In both cases, the seller must be given a reasonable period of time to carry out the supplementary performance. In the case of entrepreneurs, the seller has the choice of the type of supplementary performance.
A redhibitory action (withdrawal from the purchase contract) or a reduction (of the purchase price) is only possible if the seller refuses subsequent performance, after the deadline has expired or after two unsuccessful attempts at subsequent performance.
In the event of a rescission of the purchase contract in the above-mentioned cases, the buyer can be required to pay compensation for the benefit of use (usually only after at least 6 months), i.e. he must reimburse the use he had from the purchase of the item until the rescission. This is usually achieved by a reduction of the credit, or a credit for the current value.
Excluded from the warranty are:
Wear and tear due to use Defects that were already known to the buyer at the time of purchase Customer's own fault (e.g. improper operation, incorrect storage, etc.) Improper use voids the warranty. See point 3.
5) Speed Products UK Ltd does not grant any warranty on items that are described as second-hand goods.
6. to ensure the fastest possible processing, a copy of the purchase invoice/delivery note and a detailed description of the fault should be enclosed with the returned goods.
(7) In this connection, the customer should return the goods under complaint to Speed Products UK Ltd properly, if possible in their original packaging. No liability can be accepted for damage caused by the customer due to improper packaging. 8.
8. the processing of unjustified warranty or guarantee claims, insofar as these are attributable to intent or gross negligence, shall be subject to a subsequent charge for the expenses incurred by us as a result. Speed Products UK Ltd reserves the right to pass on flat-rate charges from its suppliers in such cases.
9. equipment not purchased from Speed Products UK Ltd will not be repaired and will be returned subject to a recharge for any costs incurred by us as a result.
10) Repairs outside the warranty period are subject to a charge.
11. irrespective of the statutory warranty, the one-year limited manufacturer's warranty applies. You can find out more about this on the page: http://www.speedpro.de/recht/Herstellergarantie.htm.
12: Notes and technical information at http://www.speedpro.de/Anmerkungen.htm are an integral part of our General Terms and Conditions.
13: The installation of exhaust systems and any necessary modifications must be carried out by a specialist dealer. Excluded from the warranty regulation and the guarantee services are installations which are not or have not been carried out properly and professionally by a specialist dealer.
VII Retention of title
(1) Speed Products UK Ltd retains title to the goods delivered until payment has been made in full.
The customer hereby assigns to Speed Products UK Ltd any claims and claims for remuneration to which he is entitled in respect of the goods subject to retention of title (e.g. from tort, insurance claims) to the amount of the invoice value of the goods subject to retention of title. 3.
The goods subject to retention of title owned by Speed Products UK Ltd shall be insured against fire, water, theft and burglary in the course of commercial business for the duration of the retention of title. The rights arising from this insurance are assigned to Speed Products UK Ltd, which accepts the assignment. 4.
Speed Products UK Ltd retains ownership of the delivery items in commercial business transactions until receipt of all payments from the business relationship with the buyer. In the course of the current account reservation, the recognised balance is also recorded, insofar as claims against the buyer are booked within the framework of the current account. 5.
The customer is only entitled to resell, pledge, transfer by way of security, lease or transfer the goods subject to retention of title abroad with the prior written consent of Speed Products UK Ltd.
6. if the object of purchase is inseparably combined or mixed with other items not owned by Speed Products UK Ltd, Speed Products UK Ltd shall acquire co-ownership of the new item in the ratio of the value of the object of purchase to the other combined or mixed items at the time of combination or mixing.
If third parties have access to the goods subject to retention of title, the customer must point out the ownership of Speed Products UK Ltd and inform Speed Products UK Ltd immediately in writing.
VIII. Payment, default in payment
1. payments must be made free of costs and charges to the bank accounts of Speed Products UK Ltd stated on the invoice, whereby bills of exchange and cheques are only accepted on account of performance. Speed Products UK Ltd shall also be entitled to charge interest on arrears at a rate of 5% above the base rate or 8% above the base rate in the case of legal transactions in which a consumer is not involved. The assertion of a higher damage incurred by Speed Products UK Ltd remains unaffected. The customer is entitled to prove that Speed Products UK Ltd has incurred no or less damage. 2.
The customer can only offset claims of Speed Products UK Ltd with undisputed or legally established claims. 3.
3. in commercial transactions, a right of retention and a right to refuse performance on the part of the customer is excluded with the exception of undisputed or legally established counterclaims.
IX. Liability and limitations of liability
1. in the event of a breach of cardinal (main) contractual obligations, Speed Products UK Ltd shall be liable for damages caused by its own fault. Apart from that, liability only exists in the case of intent and gross negligence. 2.
If and to the extent that the liability of Speed Products UK Ltd is excluded, this shall also apply to the personal liability of the employees, representatives and vicarious agents of Speed Products UK Ltd.
XI. Place of performance, place of jurisdiction
1) The place of performance for all claims arising from the contractual relationship between the customer and Speed Products UK Ltd is the registered office of Speed Products UK Ltd.
If the customer is a fully qualified merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, London shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship.
X. Applicable law, data protection, effectiveness
1) English law shall apply, whereby the validity of the Uniform International Sales Convention (UNCITRAL Convention) is excluded.
Speed Products UK Ltd is entitled to electronically store and process the data provided by the customer. A deletion of the data requires the written form. Speed Products UK Ltd is then entitled to pass on customer data resulting from the contract documents or necessary for the execution of the contract to third parties, in particular to credit institutions and contractual partners, insofar as this serves the purpose of order processing. The applicable provisions of data protection will be observed by Speed Products UK Ltd.
Should one or more provisions be invalid, this shall not affect the validity of the remaining provisions.