Validity of our general terms and conditions For the business relationship between the company DCC dirtbike custom collabo Inh. Nikolas Tröstel, Ida Krottendorfgasse 1/4, 2042 Guntersdorf, Austria (hereafter referred to as DCC) and the customer are only valid at the time of ordering valid terms and conditions. End consumers who conclude a legal transaction with DCC, without their commercial, nor their independent professional activity can be attributed, shall apply in the sense of these terms and conditions as a customer. By placing an order, the customer agrees to our terms and conditions.
Offer, order, conclusion of contract, transfer of risk Our offers are not binding. By clicking on the button "Order for payment" you place a binding order for the goods in the digital shopping cart. When the order has reached us, the customer will automatically be notified of the order by the given email address from the receipt of his order. In the event of writing or printing errors on the website, DCC is entitled to correct or withdraw the contract. The sales contract is stored by us and can be called up under specification of the order number in the user account of the customer under the item "my orders". When shipping the goods, the risk of loss or damage to the goods only passes to the consumer as soon as the goods are delivered to the consumer or to a third party specified by the carrier and not owned by the carrier. However, if the consumer himself has concluded the contract of carriage without using any option proposed by us, the risk shall pass to the carrier upon delivery of the goods. Unless otherwise stated in writing, we are bound to our offer for 7 days from the date of issue. The customer is bound to his order 2 days from receipt of this order. The legal right of withdrawal (right of withdrawal) remains unaffected. Our offer is exclusively for customers of the European Union.
Prices (purchase price) All prices quoted or agreed by us are, unless otherwise stated, in Euros (EUR), including the statutory value added tax and transport costs. All prices quoted or agreed by us correspond to the current calculation situation at the time of conclusion of the contract.
Terms of payment The buyer agrees to the full payment when ordering or later than 20 days afterwards. For this, the customer has the payment via prepayment, PayPal, instant transfer available. In the absence of written agreements to the contrary, our claims shall be paid step by step upon delivery of the goods / provision of the service. Payments by the customer are deemed to have been made on receipt of our business account. For orders of designs that are configured according to customer requirements, the total amount must be transferred before the order is placed in our production. Charges incurred for the respective payment method, as well as fees for chargebacks, shall be borne by the customer. DCC reserves the right to remind the customer 30 days after order without payment and to cancel the order after deduction of all incurred costs.
Dunning and collection charges The customer undertakes in the event of default to replace the dunning and collection charges incurred. If we operate the dunning system ourselves, the debtor agrees to pay an amount of 15 euros per reminder. In addition, any further damage, in particular also the damage caused by the fact that non-payments result in correspondingly higher interest on any credit accounts on our part, irrespective of the fault, shall compensate for the delay in payment. All expenses due to administrative activities concerning the communication and processing of the customer will also be charged.
Delivery and transport costs Our indicated delivery times are not binding. For non-stocked products, delivery will take place within the statutory delivery period of 30 days from the date of order. In the case of goods produced and produced according to customer requirements, a delivery within the period of 4-10 weeks shall be regarded as the standard. This delivery period is also non-binding since, especially for designs according to customer requirements, long production processes in design and production can arise through changes and adjustments. A binding delivery time for products that are created and produced according to customer requirements is not provided, this circumstance is disregarded by the customer when ordering. The customer will be contacted by us in any case. If an ordered product is no longer available without own fault, then both the customer and DCC are entitled to withdraw from the purchase contract. Already provided services will be refunded. We refer to any deviating delivery times on the respective product page. Our prices are total prices. They include all taxes including VAT and duties including shipping costs. They also do not include the costs for installation or installation. In the case of a delivery to a non-EEA country, the consumer must bear all import and export charges, including any customs duties, fees and charges.
Retention of title All goods are delivered under retention of title and remain our property until full payment. The assertion of the retention of title is only a withdrawal from the contract, if it is expressly declared. With return of goods we are entitled to charge incurred transport and handling charges. In the case of access by third parties to the reserved goods - in particular through seizures - the customer undertakes to point out our ownership and to inform us immediately. If the customer is a consumer or not an entrepreneur, to whose proper business trading with the goods we have purchased, he may not dispose of the outstanding purchase price claim on the reserved goods until full payment, especially not sell, pledge, give or lend. The customer bears the full risk for the reserved goods, in particular for the risk of loss, loss or deterioration.
Place of fulfillment The place of performance for purchase contracts that do not fall under the Distance Selling Act is DCC - dirtbike custom collabo, Ida Krottendorfgasse 1/4, 2042 Guntersdorf.
Default of acceptance If the customer is in default of acceptance, we are entitled to store the goods with us, for which we charge a storage fee of 1% per commenced calendar day of the gross invoice amount and at the same time insist on fulfillment of the contract. Any costs incurred for delivery by the parcel service etc are borne by the custome.
Warranty and guarantee The warranty is subject to the statutory provisions. The warranty period for new, movable goods is 24 months from delivery (acceptance). For second-hand goods, the warranty obligation is reduced to 12 months. In the event of defects, subsequent performance or removal of defects (replacement) will be made at the customer's option. Further claims for reduction, cancellation or compensation can only be made after presentation of the statutory provisions. Complaints based on statutory warranty claims or other complaints can be made under the contact details stated in the imprint. In addition to the statutory warranty, we do not provide our own guarantees. The closer conditions of any manufacturer's warranties may be found in the respective goods. Products designed or used for motorsport are generally excluded from any warranty or guarantee due to special use.
Compensation Claims for damages in cases of slight negligence are excluded. This does not apply to personal injury or damage to property taken over for processing, unless the latter has been negotiated in detail.
On Bill The customer is only entitled to offset if his counterclaims are undisputed by DCC or have been legally established. The customer is only permitted to exercise the right of retention insofar as his counterclaim is based on the same contractual relationship.
Prohibition of assignment Claims against us may not be assigned in the absence of express written consent.
Formal requirements Declarations, advertisements etc., which are directed to us, must be in writing in order to be valid, and thus also the original signature or the secure signature.
Choice of law Austrian substantive law applies. The applicability of the UN Sales Convention is excluded. The contract language is German.
Jurisdiction agreement The contracting parties agree on the application of Austrian law. If the consumer is domiciled or habitually resident or domesticated, an action against him may be motivated only by the jurisdiction of the court in whose district the domicile, habitual residence or place of employment is situated; this does not apply to legal disputes that have already arisen. The place of jurisdiction is Hollabrunn / Lower Austria.
Copyright Plans, sketches, technical documentation, samples, catalogs, brochures, illustrations and the like always remain our intellectual property; the customer does not receive any kind of use or exploitation rights. Custom designs are owned by DCC and are provided to the customer for use. Further sale and or use is subject to DCC. Reproduction or copy of drafts / designs created by DCC is considered a copyright infringement and may be displayed as such. All costs incurred by the causer. All content published by us (images, texts, videos, documents, information, etc.) is the copyright of the respective author, owner or trademark owner. Reproduction or use of any content in other electronic or printed publications without the express permission of the author is not permitted.
Individually designed goods (decors) You provide us with the information, texts or files required for the individual design of the goods via the online ordering system or at the latest immediately after conclusion of the contract by e-mail. Our possible specifications for file formats must be observed. You agree not to transmit any data whose content violates the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly release us from all claims of third parties asserted in this context. This also concerns the costs of the legal representation required in this context. We do not check the transmitted data for correctness of content and assume no liability for errors. Insofar as we create texts, pictures, graphics and designs for you in the context of individual design, they are subject to copyright. The customer as customer assures that he is entitled to use the logos and sponsors used in his design and is also responsible and liable. Without our express consent, the use, reproduction or modification of individual parts or complete contents is not permitted. Unless otherwise agreed, we transfer to you an unlimited right to use the copyrighted works created for you. You are expressly prohibited from making the protected works or parts thereof available to any third party privately or commercially. The transfer of the right of use is subject to the condition precedent of the full payment of the agreed purchase price. The base price of the item Full Custom and Semi Custom Design includes 3 designs for the theme specified in the order. In case of a change of the specification during or after consumption of the 3 drafts a flat rate of 60 Euro will be charged for each additional graphic hour which corresponds to another draft. If an order is canceled, all work already performed will be invoiced, which includes the recording of the order, administrative activities as well as the preparation of drafts. A flat rate of 60 euros per hour is given as the basis for calculation and charged individually according to expenditure.
Design drafts for full custom designs or semi custom designs are submitted in 2D form to the customer for reviewing. A presentation on vehicles is expressly not offered and is not included within the products.
Graphics, product photos and article descriptions Our product photos and article descriptions are copyright protected. Any further use without our consent constitutes represents a copyright infringement according to § 86 UrhG..
Disclaimer The contents of our website (http://www.dcc.bike) have been compiled with the utmost care. However, DCC assumes no responsibility for the accuracy, completeness and timeliness of the content provided. The use of the contents of the website is at the user's own risk. Contributions marked by name reflect the opinion of the respective author and not necessarily the opinion of DCC. DCC assumes no liability for content on linked websites. At the time of linking, the contents of the linked websites were checked for their integrity. Since the contents of linked pages elude our influence and we have no influence on the future design of them, we dissociate ourselves from all contents of all linked websites. If any of our linked websites contain illegal content, we ask for immediate notification, so that we can remove this link immediately.
Arbitration Board We undertake to participate in disputes in the mediation process of the Internet Ombudsman:
Information at: Internet Ombudsman Margaretenstr. 70/2/10, 1050 Vienna Tel: +43 1 5952112-95 email: firstname.lastname@example.org web: http://www.ombudsmann.at/
Further information on the types of proceedings at www.ombudsmann.at or in the respective procedural guidelines:
Procedural guidelines of the Internet Ombudsman for Alternative Dispute Resolution under the AStG (AStG arbitration procedure) http://www.ombudsmann.at/media/file/67.Richtlinien_Internet_Ombudsmann_AStG-Verfahren.pdf
Guidelines for the Mediation Process of the Internet Ombudsman outside the scope of the AStG (standard procedure) https://secure.ombudsmann.at/media/file/66.Richtlinien_Internet_Ombudsmann_Standard-Verfahren.pdf
The OS platform can also be used to resolve disputes with our company: http://ec.europa.eu/consumers/odr