Terms of service
A. General Terms and Conditions (GTC) of PKB-Performance GmbH
Sankt Pöltner Straße 6, 3125 Rottersdorf
Austria
§ 1 Scope
1. The following General Terms and Conditions (hereinafter referred to as the GTC) apply to the business relationship between PKB Performance GmbH, St. Pöltnerstr. 6, 3125 Rottersdorf, Austria, and the buyer in the version valid at the time of the offer submission.
By placing an order, the buyer expressly confirms that he has read and agrees to the following terms and conditions of PKB Performance GmbH.
PKB Performance GmbH operates in the fields of motorcycle repair, motorcycle optimization, and the sale of motorcycles, motorcycle parts, and motorcycle accessories. They have a technical test bench for performance measurements. Furthermore, they conduct §57a KFG inspections. They also manufacture race performance parts for the racetrack.
2. Any differing terms and conditions of a buyer considered to be a business entity shall not apply, even if PKB Performance GmbH does not expressly object to their inclusion. This provision does not preclude the possibility of an oral agreement on other terms and conditions, particularly between a buyer considered to be a consumer and PKB Performance GmbH.
3. A consumer is any natural person who enters into a legal transaction – such as a purchase agreement – for purposes that are neither related to their commercial nor their independent professional activity. Otherwise, the natural person is to be classified as an entrepreneur.
§ 2 Conclusion of Contract
1. A purchase agreement for the offered goods can be concluded via the online shopping list, by telephone order, or in the store.
2. Selecting an item from the shopping list constitutes an offer to purchase the selected goods. When submitting this offer to PKB Performance GmbH, the desired payment method must also be specified.
3. The contract is concluded as follows:
The customer selects the desired goods from the shopping list and communicates their choice. Using the corresponding button in the navigation bar, the customer can add the selected item to the shopping list. The contract is concluded upon confirmation of availability by PKB Performance GmbH.
If the customer wishes to request a quote for the desired item, they must provide their personal data, including the vehicle identification number (VIN) (optional). Finally, the order details are displayed as a summary.
By submitting the request via the shopping list, the customer submits a binding offer to PKB Performance GmbH for the purchase of the selected item.
4. Mere telephone inquiries requesting a quote, such as information about prices or product specifications, do not constitute a binding offer for the customer. For every inquiry constituting a binding offer to purchase goods, the customer will receive a binding acceptance or rejection in written form (usually via email), at which point the purchase agreement, as in a physical store, is concluded through two matching declarations of intent.
5. Order processing and all contract data are handled via email, some of which is automated. Customers must therefore ensure that the email address registered with PKB Performance GmbH is correct, that the receipt of emails is technically guaranteed, and in particular, that emails are not blocked by spam filters.
6. A special rule applies to orders for custom-made products (contract for work and services).This always requires a mutually confirmed contract with individual agreements. This contract is concluded in writing and contains its own individual provisions, which supplement the general terms and conditions. Customers submit an inquiry and subsequently receive a written offer, which they can accept within two weeks. Only upon this confirmation do customers accept the offer, thus forming a contract. These contracts are governed by statutory contract law for work and services. There is no right of return. Any incorrect information provided by customers is solely their responsibility.
7. For orders placed by merchants, the contract may also be concluded by an uncontested commercial confirmation letter from PKB Performance GmbH. Without immediate (i.d.R. (1 day) If the buyer, who is an entrepreneur, objects, the terms and conditions of the contract and the general terms and conditions of PKB Performance GmbH are deemed accepted.
8. Contracts are generally only concluded with buyers who are at least 18 years old and have full legal capacity. An exception to this rule applies only with the prior consent of the buyer's legal representative, which must already be on file with PKB Performance GmbH at the time the buyer submits their offer.
9. In the event that customers make a typo during the ordering process, z.B. If an incorrect quantity is specified, a correction email must be sent to PKB Performance GmbH (see contact details) immediately, within 24 hours of the request. This will then be taken into account and corrected accordingly.
§ 3 Purchase prices and shipping costs
1. All purchase prices listed on the shopping list by PKB Performance GmbH are non-binding and include VAT but exclude shipping costs. Price increases from suppliers that are passed on to PKB Performance GmbH after an order has been placed will be passed on to the customer.
2. Unless expressly stated otherwise, the buyer is not entitled to a discount even if payment is made immediately.
3. PKB Performance GmbH will deliver the purchased item without charging statutory VAT if the conditions for an intra-Community supply are met. The buyer must prove these conditions by providing their name and address, business sector or profession, and a valid VAT identification number (VAT ID number) during the purchase process.
4. The business currency is the Euro (EUR). Invoices issued by PKB Performance GmbH will be issued exclusively in Euro (EUR), and payments to be made by the buyer are only permitted in Euro (EUR).
§ 4 Delivery, Delivery Times
1. As described in the product descriptions, all goods are available for delivery after full payment of the invoice. PKB Performance GmbH will inform the customer in writing of the expected delivery date after payment has been received.
2. Complaints from the commercial buyer (entrepreneur) regarding the scope of delivery, obvious defects, incorrect delivery, or quantity discrepancies must be made to PKB Performance GmbH immediately in writing and by telephone. If the buyer fails to provide immediate notification, despite being obligated to do so under this paragraph, the delivery will be deemed accepted.
3. Insofar as customers are consumers, the law stipulates that the risk of accidental loss or accidental damage to the goods sold during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured.This does not apply if customers have independently commissioned a transport company not designated by the entrepreneur or another person designated to carry out the shipment.
4. If customers are entrepreneurs, delivery and shipment are at their own risk.
§ 5 Due Date, Payment, Default
1. Unless otherwise agreed, delivery is made exclusively against prepayment. d.h. The goods will only be handed over to the transport person upon receipt of the full invoice amount, including shipping costs and any other stated costs.
2. The purchase price will be invoiced after conclusion of the contract (s.o. § 2) The payment due between PKB Performance GmbH and the buyer is payable by the buyer in advance or by credit card.
3. If the buyer does not pay the purchase price in advance within 10 days of the conclusion of the contract (s.o. Section 2) and the sending of a proper invoice by PKB Performance GmbH, the buyer will receive a one-time payment reminder from PKB Performance GmbH. Should a further 10 days pass from the date of receipt of this payment reminder without the seller being able to record receipt of payment, the seller will send the buyer a maximum of three written payment reminders. The second and third reminders will each incur a reminder fee of €5, whereby the buyer reserves the right to prove a lesser loss or the absence of any loss. At its discretion, PKB Performance GmbH is entitled to cancel the buyer's order and withdraw from the contract after the expiry of the payment deadline set in the first reminder. PKB Performance GmbH is also free, after the expiry of the payment deadline set in the first reminder, to initiate legal debt collection proceedings or to engage a lawyer or debt collection agency to collect the outstanding amount.
Section 6 Right of withdrawal/Information for consumers Right of withdrawal
Right of withdrawal
Customers have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which the customer or a third party designated by the customer, who is not the carrier, takes possession of the goods. To exercise this right of withdrawal, customers must inform the
PKB Performance GmbH
St. Pöltnerstr. 6, 3125 Rottersdorf,
these by means of a clear declaration (z.B. (a letter sent by post, fax or e-mail) inform PKB Performance GmbH of your decision to withdraw from this contract. If customers make use of this option, PKB Performance GmbH will immediately (z.B. (via email) send confirmation of receipt of such a cancellation.
To meet the cancellation deadline, it is sufficient for customers to send their notification of exercising their right of cancellation before the cancellation period expires.
The following text should be used:
I/We (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*).
Ordered on (*)/received on (*)
Name of consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only for notifications on paper)
Date
_________
Consequences of the revocation
If customers withdraw from this contract, PKB Performance GmbH will reimburse all payments received from them, including delivery costs (excluding any additional costs incurred if they chose a delivery method other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which notification of their withdrawal from this contract was received. For this reimbursement, PKB Performance GmbH will use the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise; in no case will the customer be charged any fees for this reimbursement.
PKB Performance may refuse repayment until it has received the goods back.
Customers must return or hand over the goods to PKB Performance GmbH without undue delay and in any event no later than fourteen days from the day on which they notify PKB Performance GmbH of their withdrawal from this contract. The deadline is met if you send the goods before the fourteen-day period has expired. You bear the direct costs of returning the goods.
§7 Performance Test Bench
1. PKB Performance GmbH accepts no liability for general damage during operation on the test bench, in particular to the tire, rim, gearbox and engine, except in cases of intent and gross negligence.
2. PKB Performance GmbH assumes that the vehicle is in perfect working order when conducting a performance measurement.
3. Especially during long test bench runs, increased wear on the rear tire can occur.
4. PKB Performance GmbH accepts no liability for adjustment work carried out on the engine control unit on the dynamometer or on the road.
5. Performance-enhancing modifications to engines, even if only minimal, are intended for competition use. Their use, including on racetracks or similar venues, is at the owner's own risk and responsibility. Using optimization products without approval or an E-mark will invalidate the vehicle's general operating permit and, consequently, its insurance coverage. The vehicle may no longer be used on public roads.
6. Cleaning work: If the test bench and the surrounding the test bench or even fire, e.g. due to leaks in oil, water, gasoline-carrying parts, housings, lines or a contaminated For the vehicle, the removal of the contamination is calculated as test bench time and The customer of the vehicle is liable for this. The prices for the Cleaning fees can be found in the current price list.
§ 8 Race Use Only Parts, ECU Programming
PKB Performance GmbH manufactures and sells parts for race use only. These parts and ECU programming are not generally approved for road use. PKB Performance GmbH provides no warranty on these parts.Without proper type approval, the installation of optimization products leads to a loss of road approval and a loss of any existing factory warranty.
§ 9 Customizing
PKB Performance GmbH will strive to fulfill customer customization requests to the best of its ability. Customization requests, especially in the area of special paint finishes, are based on the customer's subjective specifications. It is possible that the customer's taste will not be perfectly matched on the first attempt. However, after receiving an order, PKB Performance GmbH is only obligated to perform this initial attempt. Further processing steps to achieve customer satisfaction are always at the customer's expense.
§ 10 Retention of Title
1. The delivered goods remain the property of PKB Performance GmbH until the purchase price for these goods has been paid by the buyer (simple retention of title).
2. In commercial transactions (businesses), ownership of the purchased goods only passes from PKB Performance GmbH to the buyer once the buyer has settled all outstanding claims arising from the business relationship with PKB Performance GmbH (extended retention of title). A commercial transaction exists when PKB Performance GmbH delivers goods to a business.
3. If the retention of title by PKB Performance GmbH to goods acquired in commercial transactions (entrepreneur) expires through resale, combination or processing of the purchased goods by the buyer, then the purchased goods are replaced by the new item or the claim arising from one of the aforementioned actions (extended retention of title).
§ 11 Warranty
1. The statutory warranty rights apply. In the case of defective goods, the buyer, if a consumer, may require PKB Performance GmbH to remedy the defect or provide a replacement. The buyer may, at their own discretion, also leave the choice to PKB Performance GmbH upon notification.
2. The assignment of warranty claims by the buyer against PKB Performance GmbH to third parties is excluded. If the buyer sells the goods delivered by PKB Performance GmbH to third parties, he is prohibited from referring them to PKB Performance GmbH with regard to the associated statutory and/or contractual warranty claims.
3. Customer claims due to material defects are subject to the statutory limitation periods.
4. In the event of defects, PKB Performance GmbH shall, at its discretion, provide a remedy by repair or replacement. If the remedy fails, customers may, at their option, demand a price reduction or withdraw from the contract. A remedy shall be deemed to have failed after two unsuccessful attempts, unless the nature of the goods or the defect, or other circumstances, indicate otherwise. In the case of repair, PKB Performance GmbH shall not be liable for the higher costs incurred by transporting the goods to a location other than the place of performance, unless such transport is in accordance with the intended use of the goods. In the case of contracts for work and services, PKB Performance GmbH has the right to carry out repairs at its own premises.
5. In the case of fraudulent concealment of defects or the assumption of a guarantee for the quality, further claims remain unaffected.
6. Defects must be reported in writing after their discovery and before their rectification; if the customer is a merchant, a maximum notification period of 10 calendar days after initial knowledge of the defect applies.If a defect is reported, the customer must give us the opportunity to examine this defect.
§ 12 Liability
The statutory provisions apply to the seller's liability for damages.
§ 13 Data Protection Declaration and Consent
You can find all information regarding data protection here. www.pkb-performace.com
§ 14 Place of performance, jurisdiction, legal system
1. With regard to the conclusion of contracts with entrepreneurs or public corporations, the place of performance for the delivery of the goods and the payment of the purchase price is agreed to be the registered office of PKB Performance GmbH.
2. The contract between PKB Performance GmbH and the buyer is governed by the laws of the Republic of Austria. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded. For consumers whose domicile or habitual residence is within the European Union but outside of Austria, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their domicile or habitual residence.
§ 15 Severability Clause
Should individual provisions of the contract, including these regulations, be wholly or partially invalid, the validity of the remaining provisions or parts of such provisions shall remain unaffected.
§ 16 Information on dispute resolution between consumers and online retailers:
The European Commission provides a platform for online dispute resolution (ODR platform), which can be found at www.ec.europa.eu/consumers/odr is accessible.
B. Customer information
1. Seller's identity
PKB-Performance GmbH
Sankt Pöltner Straße 6, 3125 Rottersdorf, Austria
FN 549794 x