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Standard Terms and Conditions and Service Guide

I. Standard Terms and Conditions

1. Company

Name and summonable address:
Detlev Louis Motorrad-Vertriebsgesellschaft mbH
Rungedamm 35
21035 Hamburg

Managing Directors: Nico Frey, Joachim Grube-Nagel
24h hotline: +49 (0)40 / 734 19360
Fax: +49 (0)40 / 734 19347
Email: service@louis.de

Register of companies: Hamburg Local Court (Amtsgericht) HRB 134 260
VAT reg. no. DE 30 12 32 54 7
WEEE reg. no.: DE 65 34 31 11

Bank details:
HypoVereinsbank AG - Hamburg
BIC HYVEDEMM300
IBAN DE 86 2003 0000 0000 3014 08

2. Ordering and conclusion of the contract

The goods presented in our Online Shop or in our current advertising, including a detailed description, do not represent a binding offer by us to you. When you place an order with us in writing, by telephone, electronically or in any other form, you are making a legally binding offer to us. Likewise, as a rule, you are making us a legally binding offer when you enter the requested information in any of the online order forms in our Online Shop and conclude by clicking the "Buy now" button. In contrast, merely adding items to your shopping basket does not constitute a legally binding offer on your part.

2.1 Additional information for Contracts in electronic commerce: Once the contract has been concluded, we save the text of the contract, including the Standard Terms and Conditions, for our own purposes. If you place an order in our Online Shop, the details of your purchase are shown in the acknowledgement that we send to you by email upon receipt of your order. You have an obligation to permanently save or to print out this order acknowledgement so that you always have the content of the contract, once concluded, available to you in a permanent form. You can save the subsequent contract by saving the email containing our acknowledgement.

With regard to recognising and correcting any input errors, we draw your attention to the following. For your order in our Online Shop, you have placed your chosen items in your shopping basket. There you will also find an overview of all the items you have placed in the shopping basket and the exact shipping costs. Then, please click the "Go to checkout" button. In the page which then opens, please enter your personal details. Then click "Go to method of payment". There, please select your chosen method of payment, and then click "Go to order overview". Here you can view all your selected items and any additional details you have entered, and check for any input errors. To make corrections, you can now click "Change" or "Back". Is everything correct now? It is only when you click "Buy now" that you make a binding offer to buy the goods.
Only if you place an order via our Online Shop will we send you an acknowledgement by email. This email is only intended to inform you that your order has been received, and it gives the details of your order. This acknowledgement does not constitute acceptance of your offer. The contract of sale with you only comes about, subject to these Standard Terms and Conditions, once we have dispatched the items you have ordered, which constitutes acceptance of your offer.

3. Terms of Delivery

3.1 Within Germany, ordered and available goods will be delivered within 1-3 working days after we receive your order, and in the case of payment in advance, 5-6 days after you instruct your bank to make the payment. We accept no liability for adhering to this delivery time unless a failure to do so is intentional or due to gross negligence on our part.
If you already have a customer number, please quote it in your order. If there is a delay in delivery, or should your order not be deliverable in whole or in part, we shall inform you promptly in each case and refund any payments already received from you immediately. Under no circumstances will we send you a replacement article without first consulting you, even if it is of an equivalent quality and price. For international deliveries, please refer to Section 5 below. With respect to the applicable flat rate shipping charge, please take note of the information in our Online Shop under “Shipping costs”. Deliveries to destinations outside the European Union may be subject to additional customs duty for you. Your local customs authorities can provide you with details.
All correspondence with us should be in German; this also applies to conclusion of the contract of sale. In our Online Shop this is also possible in English, French, Italian or Dutch. 

3.2 If, with your consent, we deliver remaining items of your order at a later date, you will of course receive these without any shipping or packaging costs. For these remaining items, we set a minimum single item value for each individual destination country (e.g., in Germany from € 4.00). If the price of the goods is lower than this (or if you do not consent to later delivery), we ask you to order the item(s) when it (they) become(s) available again.

4. Payment

We offer the following payment options: payment on account or by instalment or according to our Buy Now Pay Later Plan (subject to creditworthiness), PayPal, credit card, cash on delivery or payment in advance by bank transfer. We generally deliver on account (subject to creditworthiness). If a credit check reveals that you are not regarded as creditworthy, we reserve the right to refuse your order or to only deliver using a secure payment method (Sections 4.2 to 4.5). With every order, we reserve the right not to offer certain methods of payment and to refer you to other payment options, for example payment in advance only, in order to protect against credit risk. The cost of any money transaction will be borne by you.

4.1 We deliver on account. By placing your order, you authorise us to carry out the necessary credit check to rule out any credit risk (see further information under Privacy Policy), and you pay within 14 days from the date of the invoice by bank transfer to our account.
For payment by instalment or according to our Buy Now Pay Later Plan, we carry out the same credit check, and you pay by bank transfer to our account on the payment dates agreed between us.

4.2 In the case of payment by PayPal, you authorise your payment to us vis-à-vis PayPal. Payment by PayPal is only possible in the Online Shop.

4.3 In the case of a purchase by credit card, your credit card account is charged takes place when we dispatch the order or goods. 

4.4 In the case of payment by cash on delivery, you also pay a COD fee of € 6.90 in addition to the invoice amount and the basic shipping rates (as at 03/2018).

4.5 If the payment in advance method is selected, we give you our bank details in the order acknowledgement. The invoice amount should be transferred to our account within 10 days of receiving our order acknowledgement. Once we have received the total amount, your order will be assembled and dispatched to you.

5. Prices, ownership and shipping rates

5.1 The prices listed in the quotation at the time of ordering shall apply. The stated prices are final prices, i.e. they include the applicable statutory German value added tax. The goods shall remain our property until payment of the purchase price has been received in full. Should you act in a way that is contrary to the terms of the contract, in particular in the event of default in payment, we shall be entitled to demand the surrender of the goods if we have withdrawn from the contract.

For purchases or deliveries to customers who are outside Germany but still within the European Union (EU), we are obliged to charge VAT at the statutory rate applicable in the particular country. As VAT rates vary from country to country, the prices charged may differ from those specified in our quotation at the time of your order.

For purchases by, and deliveries to, customers outside the European Union, we charge no VAT. The German VAT included in our final prices does not apply. As a rule, you pay your national value added tax and any customs duty, as the case may be, when the consignments are handed over to your parcel service.

5.2 Within Germany, we charge you a flat shipping rate (irrespective of the order value) of € 4.99 up to a full 30 kg parcel weight (to Austria € 6.99). A surcharge of € 4.99 is incurred for every additional 30 kg parcel weight (Austria € 6.99).

You will find the flat shipping rates, which apply irrespective of order value, for deliveries to other European countries in the Online Shop or by telephone enquiry, as well as shipping charges to countries outside Europe.

6. Warranty

Unless otherwise expressly agreed, your warranty rights are based on the statutory provisions of the law on sales (Section 433 et seq. of the German Civil Code (BGB)).

7. Liability

Our liability for compensation, on whatever legal grounds (especially for delay or defects), is limited to the contractually typical, foreseeable damage. This liability restriction does not apply to our liability for intent or gross negligence, for warranted characteristics, for loss of life, personal injury or illness, or under the German Product Liability Law.

8. Claims

The quick and easy way to make a claim is to go to the store where you purchased the goods. Of course, you can also make a claim about goods purchased by mail order at any Louis store, and vice versa. Exceptions are our branches in Switzerland. For goods purchased in our stores in Switzerland, please only make your claim there.

9. Right of cancellation for consumers

The statutory right of cancellation only applies to consumers. According to section 13 of the German Civil Code, a consumer is any natural person who enters into a legal transaction for a purpose that is outside his trade, business or profession.

9.2 Exceptions to the right of cancellation

There are legal exceptions to the right of cancellation (section 312 g Para. 2 BGB). For example, you cannot cancel the distance-selling contract if the goods ordered by you were specially manufactured to your specifications or are clearly tailored to your personal requirements and cannot be sold to anyone else on account of implementing your specifications.

Furthermore, your initial right of cancellation expires prematurely in the case of:

  • contracts for delivery of sealed goods which are not suitable to be returned for reasons of health protection or hygiene if the seal has been removed after delivery,
  • contracts for delivery of goods if these have been mixed with other goods after delivery and are, by their nature, inseparable
  • contracts for delivery of audio or video recordings or computer software in a sealed pack if the seal has been removed after delivery.

9.3 Specimen cancellation form

If you wish to cancel this contract, please fill in this form and send it back.

Detlev Louis Motorrad-Vertriebsgesellschaft mbH
Rungedamm 35
21035 Hamburg
Fax: 040-73419347
Email: service@louis.de

I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods:

(Please specify the items here with their article numbers. This is not a legal requirement, but you will help us to process the cancellation more efficiently. Thank you.)

Ordered on ... (*)/received on ... (*)

Name of customer(s):

Address of customer(s):

Signature of customer(s) (only if sending written notice on paper)

Date:

(*) Please strike through what does not apply.

10. Extended right of return - our extra service

In addition to the right of cancellation, customers can exchange any product purchased from us or return it for a refund of the purchase price within 2 years (from the date on the proof of purchase), provided it is still complete, new (unused), in its original packaging and unsoiled. We only refund the current retail price, even if it is lower.

Please enclose your proof of purchase with all returns. If possible, tick the reason for return on the return form. There is no obligation to do this, but it will enable us to rectify any weaknesses and improve our service. The address for your returns is: Detlev Louis Motorradvertriebs GmbH, Customer Service, 21027 Hamburg, Germany.

Please note that this is a special service which far exceeds our statutory duties. This extended right of return does not affect your statutory rights. In particular, your statutory right of cancellation (Section 9) and your statutory warranty rights (Section 6) apply additionally and in full. Excluded from this extended return policy are food, books, maps, data carriers for digital data (e.g. CDs and DVDs), software, batteries (due to ageing even when not used) and all disposable items.

11. Proof of purchase

Please keep all your purchase receipts. They are important as proof of purchase for claims, or for insurance in the event of theft. Your orders are stored in our system. Should you lose your order documents, please contact us by email/fax/telephone. We are happy to send you a copy of the data pertaining to your order. You have access to copies of your invoices at all times under the closed user group “My Louis” in our Online Shop.

12. Place of jurisdiction, Choice of law

If you are a consumer and are not domiciled within the European Union (EU), our registered office is the place of jurisdiction. German law applies exclusively to all claims between you and us unless, in the case of a consumer agreement, the protection granted to you by the mandatory provisions of the law of the EU state in which you have your habitual residence is withdrawn on account of this choice of law.

13. Advice on out-of-court dispute resolution for consumers

Our www.louis.eu online shop carries the EHI-certified Trust Mark. In order to continually obtain this Trust Mark, our adherence to criteria from the EHI code of conduct is regularly examined by the EHI Retail Institute GmbH. This code of conduct can be found under the following link: https://ehi-siegel.de/shopbetreiber/ehi-siegel/pruef-kriterien-bedingungen/pruef-kriterien/.

II. Service Guide

1. Important information on technical products and licensing requirements

Please note:

1. If you would like to purchase a wearing part or accessory, such as spark plugs, batteries, luggage systems or the like, please observe exactly the specifications and approvals set out in your owner's manual, or the manufacturer's instructions, and only use products/dimensions which are specifically approved for your vehicle! Non-compliance can lead to serious damage to your vehicle and to life and limb. We accept no liability for this; Section 7 of the Standard Terms and Conditions also applies in this respect.

2. All information on type approval, homologation, design and operation specifications with respect to our products and their use, such as “not subject to TÜV (German vehicle testing agency) approval”, “TÜV certificate”, “type approval (ABE)”, etc., apply solely to the area of application of the relevant German regulations, especially German Road Traffic Regulations (StVO) and Regulations Authorising the Use of Vehicles for Road Traffic (StVZO). We have not examined the legal situation outside Germany, and cannot make any statement on this. Please clarify the situation yourself with the competent authorities in your country prior to use, installation, etc. On the other hand, all articles with E or ECE test marks (“E-approved”) are approved for their intended use throughout the EU.

2. Information about motorcycle batteries

Old motorcycle batteries can be returned by the end user, free of charge, to the dealer, at or near the dealer's retail outlet, or to the mail order supplier’s distribution warehouse (batteries must not be sent through the mail due to the hazardous goods regulations). Some local authority collection points or recycling centres may charge for returns. Please enquire at your local collection point. End users who purchase a new motorcycle battery without returning an old one must pay a deposit of € 7.50, incl. VAT, which will be refunded when an old battery is brought back. Our stated battery prices do not include this deposit. If the old motorcycle battery is returned to a different dealer (i.e. not the one to whom the deposit was paid), this dealer is required under Section 11 Para. 3 of the German Batteries Act (BattG), to issue written or electronic confirmation that the battery has been accepted without a refund of the deposit, if so requested by the end user. Dealers who sell motorcycle batteries via distance selling (internet, mail order, catalogue sales etc.) are obliged to refund the deposit upon presentation of the written or electronic confirmation of return, provided such confirmation is not more than two weeks old at the time of presentation.

5. Information in compliance with § 18 German Electrical and Electronic Equipment Act (ElektroG)

In compliance with the Act Governing the Sale, Return and Environmentally Sound Disposal of Electrical and Electronic Equipment (ElektroG), we provide the following information for private households: 

1. The German law concerns waste electrical and electronic equipment. Owners of waste equipment are required to dispose of it separately from normal household waste. For this reason, it bears a symbol of a crossed out wheelie bin, as shown in the picture. 

2. Owners of waste equipment are required to remove old batteries that are not encased in the equipment before taking the equipment to a collection point, unless it is taken to an official recycling centre which will separate it from other waste equipment prior to recycling. 

3. Owners of waste equipment from private households can take it to official recycling centres or to collection points provided by the manufacturer or seller of the equipment, as defined by the ElektroG. An online list of collection points in Germany can be found at: https://www.ear-system.de/ear-verzeichnis/sammel-und-ruecknahmestellen.jsf

4. Waste equipment, especially IT and telecommunications equipment such as computers and smartphones, may contain personal data. You are responsible for removing this data before disposing of waste equipment.

6. Advice on later delivery/Minimum single item values

For later delivery of remaining items of an order, as described in Section 1.3, we set a minimum single item value for each destination country as listed below:

Andorra € 41.00
Austria € 9.00
Belarus € 69.00
Belgium € 9.00
Bulgaria € 29.00
Croatia € 49.00
Cyprus € 29.00
Czech Republic € 29.00
Denmark € 14.00
Estonia € 29.00
Faroe Islands € 41.00
Finland € 29.00
France € 14.00
Germany € 4.00

Greece € 29.00
Greenland € 32.00
Hungary € 29.00
Ireland € 29.00
Italy € 14.00
Kazakhstan
€ 69.00
Latvia € 29.00
Liechtenstein € 29.00
Lithuania € 29.00
Luxembourg € 9.00
Malta € 29.00
Monaco € 19.00
Netherlands € 9.00

Norway € 39.00
Poland € 29.00
Portugal € 29.00
Romania € 29.00
Russia € 69.00
Sweden € 29.00
Switzerland € 14.00
Slovakia € 29.00
Slovenia € 29.00
Spain € 29.00
Spain - Canary Islands € 29.00
Ukraine € 69.00
United Kingdom € 29.00

We do not deliver remainders of orders to any countries which are not listed. In this case we request that you reorder the article when it is available again.

T&Cs

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Correct at 06/2018. No liability is accepted for misprints or errors.