Help & Support
Terms of Service
2. Offers and service descriptions
3. Order process and conclusion of contract
4. Prices and shipping costs
5. Delivery, availability of goods
6. Payment methods
7. Retention of Title
8. Material defect warranty and guarantee
10. Storage of the contract text
11. Commercial Use
12. Use for racing purposes and exhibitions
13. Final provisions
1.1. For the business relationship between DUSS Evolution GmbH (CHE-114.894.712), owner: Roland Duss, Staldenhof 1, 6313 Menzingen (hereinafter “seller”) and the customer (hereinafter “customer”), the following general terms and conditions apply exclusively at the time of the order valid version.
1.2. You can reach our customer service for questions, complaints and complaints on weekdays from 2:00 PM to 4:00 PM on +41 41 741 55 55 and by email at firstname.lastname@example.org.
1.3. A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for a purpose that can predominantly neither be attributed to their commercial nor their independent professional activity (§ 13 BGB).
1.4. Deviating conditions of the customer are not recognized unless the seller expressly agrees to their validity.
§2. Offers and service descriptions
The presentation of the products in the online shop is not a legally binding offer, but an invitation to place an order. Service descriptions in catalogs and on the seller’s websites do not have the character of an assurance or guarantee.
All offers are valid “while stocks last”, unless otherwise noted for the products. Incidentally, errors remain reserved.
§3. Order process and conclusion of contract
3.1. The customer can select non-binding products from the seller’s range and use the button[in den Warenkorb] collect in a so-called shopping cart. The product selection can be changed, e.g. deleted, within the shopping cart. The customer can then click the button in the shopping cart[Weiter zur Kasse] to complete the ordering process.
3.2. Via the button[zahlungspflichtig bestellen] the customer submits a binding application to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time and use the browser function “back” to go back to the shopping cart or cancel the order process altogether. Required information is marked with an asterisk (*).
3.3. The seller then sends the customer an automatic confirmation of receipt by email, in which the customer’s order is listed again and which the customer can print out using the “Print” function (order confirmation). The automatic confirmation of receipt only documents that the customer’s order has been received by the seller and does not constitute acceptance of the application. The purchase contract is only concluded when the seller has dispatched or handed over the ordered product to the customer within 2 days or has confirmed dispatch to the customer within 2 days with a second e-mail, an explicit order confirmation or sending the invoice.
3.4. If the seller enables prepayment, the contract is concluded with the provision of the bank details and payment request. If, despite the due date, the seller has not received the payment by 10 calendar days after the order confirmation has been sent, even after a renewed request, the seller withdraws from the contract with the result that the order is void and the seller has no obligation to deliver. The order is then completed for the buyer and seller without any further consequences. A reservation of the article for prepayment is therefore made for a maximum of 10 calendar days.
§4. Prices and shipping costs
4.1. All prices quoted on the seller’s website are exclusive of the applicable statutory sales tax.
4.2. In addition to the prices quoted, the seller charges shipping costs for delivery. The shipping costs are clearly communicated to the buyer on a separate information page and during the ordering process.
§5. Delivery, availability of goods
5.1. If prepayment has been agreed, delivery will take place after receipt of the invoice amount.
5.2. Should the delivery of the goods fail due to the fault of the buyer despite three delivery attempts, the seller can withdraw from the contract. Any payments made will be reimbursed to the customer immediately.
5.3. If the ordered product is not available because the seller is not supplied with this product by his supplier through no fault of his own, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or the customer does not want a comparable product to be delivered, the seller will immediately reimburse the customer for any consideration already paid.
5.4. Customers are informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.
5.5. We deliver our products to every country where this is possible with the usual effort and expense. Customs costs and VAT are borne by the buyer.
§6. Payment modalities
6.1. The customer can choose from the available payment methods as part of and before completing the order process. Customers are informed about the available means of payment on a separate information page.
6.2. When purchasing motorcycles, partial payments are possible by agreement.
6.3. The goods will only be delivered after full payment has been made.
6.4. Are third-party providers commissioned to process payments, e.g. PayPal. their general terms and conditions apply.
6.5. The customer is only entitled to offset in guarantee cases.
§7. Retention of title
7.1. The goods remain the property of the seller until they have been paid for in full.
7.2. A separate sales contract must be signed for the purchase of motorcycles.
7.3. The seller reserves the right to cancel the purchase for undisclosed reasons.
7.4. All motorcycles and motorcycle products are not street legal.
§8th. Material defect warranty and guarantee
8.1. The guarantee is determined according to legal regulations.
8.2. The goods delivered by the seller are only guaranteed if this has been expressly given.
9.1. The following exclusions and limitations of liability apply to the seller’s liability for damages, irrespective of the other statutory entitlement requirements.
9.2. The seller has unlimited liability insofar as the cause of the damage is based on intent or gross negligence.
9.3. Furthermore, the seller is liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract. The seller is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
9.4. The above limitations of liability do not apply in the case of injury to life, body and health, for a defect after assuming a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5. Insofar as the seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
9.6. The use of the products is at your own risk.
§10. Storage of the contract text
10.1. The customer can print out the contract text before submitting the order to the seller by using the print function of his browser in the last step of the order.
10.2. The seller also sends the customer an order confirmation with all order data to the email address provided by him. With the order confirmation, but no later than with the delivery of the goods, the customer will also receive a copy of the terms and conditions along with the cancellation policy and information on shipping costs and delivery and payment conditions. If you have registered in our shop, you can see the orders you have placed in your profile area. In addition, we save the text of the contract, but do not make it accessible on the Internet.
§11. commercial use
11.1. The commercial use of our products, even parts thereof, is expressly prohibited without our written consent. Manufacturing documents, e.g. Drawings, calculations, other data are neither delivered nor released and remain the property of the seller unless otherwise regulated.
Other arrangements are possible on request.
11.2. Products may only be used in the interests of the seller.
§12. Use for racing purposes and exhibitions
The use of our products, even parts of them, for racing purposes and exhibitions is only permitted for private individuals with personal interests.
Other arrangements are possible on request.
§13. Final provisions
14.1. The place of jurisdiction and fulfillment is the registered office of the seller if the customer is a merchant, a legal entity under public law or a public special fund.
13.2. The contract language is German.
13.3. Platform of the European Commission for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/ . We are not willing and not obliged to take part in a dispute settlement procedure before a consumer arbitration board.