I. General Terms and Conditions
1.1 Scope of application
These General Terms and Conditions apply in the version valid at the time the contract is concluded for all business relations between us (eROCKIT Systems GmbH, Eduard-Maurer-Str. 13, 16761 Hennigsdorf, Germany, represented by its managing director: Mr. Andreas Zurwehme) and you. Should you use conflicting general terms and conditions, these are hereby expressly rejected.
1.2 Contract agreement
The contract language is German and English.
1.3 a Conclusion of contract for orders of eROCKIT vehicles
The conclusion of the contract takes place individually through offer and acceptance. Unless otherwise agreed, you must first configure your eROCKIT vehicle including the desired colour. You then enter your data including the billing address and, if applicable, a different delivery address and select the method of payment you wish to use. You will then have the opportunity to check all details (e.g. name, address, method of payment) once again and correct any input errors before confirming your order by clicking on the “order subject to payment” button and thus bindingly declaring your contractual offer. At the same time, you undertake to pay a reservation fee of 500 euros which is due immediately and which will be deducted from the vehicle price or refunded if your order cannot be fulfilled. We will confirm the receipt of your order immediately. The confirmation of receipt does not constitute a binding acceptance of the order. In the next step, after payment of the reservation fee, we check your wishes for feasibility and, if the result is positive, we initiate the production process. In the case of feasibility, you will receive a message from us by e-mail, fax, telephone or post accepting the contractual offer contained in your order. The contract is not concluded until it has been accepted. With the conclusion of the contract a further down payment becomes due. A separate invoice will be issued for this, which we request to be settled within 14 days. Finally we agree with you, 4 weeks before your eROCKIT vehicle is ready, on a delivery or collection date. At this time you will also receive an invoice for the remaining amount, which we request to be settled within 14 days. Only after the payment of the remaining amount your electric motorcycle can be picked up or shipped to you.
1.3 b Conclusion of contract for orders from our shop assortment
The presentation of the assortment in our online shop is initially subject to confirmation and non-binding. The ordering process consists of a total of four steps. In the first step you select the desired goods. In the second step, you enter your data including billing address and possibly different delivery address, if you have not already deposited these in your customer account. In the third step you select the desired payment method. In the fourth step you have the possibility to check all details (e.g. name, address, method of payment, ordered items) again and correct any input errors before you confirm your order by clicking on the “order with payment” button. With the order you declare bindingly your contract offer. We will confirm the receipt of your order immediately. The confirmation of receipt does not represent a binding acceptance of the order. We are entitled to accept the contractual offer contained in the order within two days of receipt of the order by e-mail, fax, telephone, post or by notification of dispatch of the goods. The contract is not concluded until it has been accepted.
1.3 c Conclusion of contract for orders from abroad
If you would like to order a vehicle from abroad, you can initially reserve the vehicle for 500 euros. Only after we have checked whether a delivery is possible, a sales contract can come off like under 1.3 b or 1.3 c.
1.4 Storage of the contract text
A separate storage of the contract text by us does not take place, but the contract content results in each case individually from the met agreement.
1.5 Subsequent amendment of the terms and conditions of business
We shall be entitled to subsequently adapt and supplement the General Terms and Conditions in relation to existing business relationships insofar as changes in legislation or court rulings so require or other circumstances result in the contractual equivalence relationship not only being insignificantly disturbed. A subsequent amendment to the terms and conditions shall become effective if you do not object within six weeks of notification of the amendment. We will expressly point out the effect of your silence at the beginning of the period as acceptance of the contract amendment and give you the opportunity to make an express declaration during the period. If you object in due time, both we and you may terminate the contractual relationship extraordinarily unless we allow the contractual relationship to continue under the old General Terms and Conditions.
2.1 Partial deliveries
We are entitled to make partial deliveries if this is reasonable for you. In the case of partial deliveries, however, you will not incur any additional shipping costs.
2.2 Delivery and service delays
Delays in delivery and performance due to force majeure and due to extraordinary and unforeseeable events, which cannot be prevented by us even with the utmost care and for which we are not responsible (this includes in particular strikes, official or judicial orders and cases of incorrect or improper self-supply despite the cover transaction to that effect), entitle us to postpone the delivery for the duration of the hindering event.
2.3 Exclusion of delivery
P.O. Box addresses, islands, European and non-European countries are not supplied. A collection is however possible.
2.4 Default of acceptance
If you fall behind with the acceptance of the ordered goods, we shall be entitled, after setting a reasonable period of grace, to withdraw from the contract and claim damages for delay or non-performance. During the default of acceptance you shall bear the risk of accidental loss or accidental deterioration.
2.5 Time of performance
Unless expressly agreed otherwise, orders placed in our shop will be delivered within 5 days. In the case of advance payment, the commencement date for delivery is the day after the payment order has been placed with the transferring bank or, in the case of cash on delivery or purchase on account, the day after conclusion of the contract. The period shall end on the following agreed day. If the last day of the agreed period falls on a Saturday, Sunday or a public holiday at the place of delivery, the period shall end on the next working day. The delivery of eRockit motorcycles takes place on the date specified by us.
2.6 Price increase for entrepreneurs
We reserve the right to increase the purchase price for contracts with entrepreneurs with an agreed delivery period of more than 12 months in accordance with cost increases that have occurred due to supply contracts, collective agreements or material price increases. If the increase amounts to more than 5% of the agreed purchase price, the buyer is entitled to withdraw from the contract if the increase is unreasonable. This also only applies to entrepreneurs.
3.1 Prices, shipping costs and financing / leasing
All prices are inclusive of value added tax. In addition, there are the separately stated costs for packaging and shipping, unless collection by you at our place of business is agreed. Besides we offer a financing and/or leasing to you with the banks Santander and Bank 11, for which in this case a separate contract comes off.
3.2 Reservation fee and payment of the remainder
By sending the order form and clicking on the “Order with payment” button on our website, the reservation fee for your electric motorbike “eROCKIT” already applies. Only after receipt of the reservation fee can your machine go into production individually for you. As soon as the electric motorbike goes into the production process, a further down payment is due, a separate invoice will be issued. The remaining amount is due 14 days before completion. Your electric motorcycle can only be picked up or shipped to you after the payment of the balance has been received.
3.3 Default of payment
You will be in default of payment if we do not receive payment within two weeks of receipt of the invoice. In the event of late payment, interest will be charged at a rate of 5 percentage points above the base rate of the European Central Bank or 9 percentage points above the base rate of the European Central Bank for legal transactions in which a consumer is not involved. Should you fall into arrears with your payments, we reserve the right to charge reminder fees of 2.50 EUR. The assertion of further damages remains unaffected. You have the option of proving that no damage or less damage has been incurred by us.
3.4 Right of retention
You shall only be entitled to assert a right of retention for such counterclaims which are due and based on the same legal relationship as your obligation.
3.5 SEPA payments and pre-notification
The first invoice for the reservation fee can be paid via a SEPA Direct Debit scheme. To do this, you give us a corresponding mandate (SEPA basic mandate or, if possible, a SEPA company mandate). If invoices for goods and services are paid via the SEPA Basic Direct Debit Scheme / Company Direct Debit Scheme, you will receive preliminary information on direct debit. The pre-notification period for B2B SEPA direct debits is reduced to 1 day. With CORE, the standard direct debit, the period is reduced to 5 days for a first direct debit (FRST)/one-off direct debit (OOFF) and to 2 days for a follow-up direct debit (RCUR). You agree to cover the account. Costs incurred due to non-redemption or chargeback of the direct debit shall be borne by you as long as the non-redemption or chargeback was not caused by us.
4. Revocation instruction for consumers with distance selling contracts
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons.
The withdrawal period shall be fourteen days from the date on which you or a third party other than the carrier who has taken possession of the goods, designated by you, have taken possession of them.
In order to exercise your right of withdrawal, you must inform us (eROCKIT Systems GmbH, Eduard-Maurer-Str. 13, 16761 Hennigsdorf, Germany, telephone: 0049-3302-2309-125, fax: 0049-3302-2309-030, e-mail: [email protected]) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter, fax or e-mail sent by post). You can use the attached sample revocation form, which is not mandatory.
In order to comply with the revocation period, it is sufficient for you to send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund. We may refuse to refund until we have received the Goods back or until you have provided evidence that you have returned the Goods, whichever is earlier.
You shall return or deliver the Goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the revocation of this Contract. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods in the amount of up to 300.00 EUR.
You shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.
– End of the revocation instruction –
Exclusion of the right of revocation
The right of withdrawal does not apply to contracts for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or destination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. Likewise, a right of revocation does not apply to contracts for the delivery of goods that can spoil quickly or whose expiration date would quickly be exceeded.
5. Retention of title
5.1 General information
If you are an entrepreneur, the goods, works and materials supplied by us shall remain our property until all present and future claims arising from the business relationship have been settled in full. In relation to consumers, only the delivered product from the concrete contract remains our property until the purchase price has been paid in full. You must treat the goods subject to retention of title with care at all times. You assign to us a claim or replacement which you receive for the damage, destruction or loss of these items. Unless otherwise agreed below, you are not entitled to sell, give away, pledge or assign as security the items delivered to you under retention of title.
5.2 Attachment and other impairments
If the item subject to retention of title is seized or otherwise impaired by third parties, you must notify us immediately so that an action can be brought in accordance with §771 ZPO. If the third party is not in a position to reimburse the judicial and extrajudicial costs of an action pursuant to § 771 ZPO, you shall be liable for the loss incurred by us.
If you are an entrepreneur, you are entitled to resell the reserved goods in the normal course of business. You hereby assign to us the customer’s claims arising from the resale of the reserved goods in the amount of the agreed final invoice amount (including value-added tax). This assignment shall apply irrespective of whether the object of sale has been resold without or after processing. You remain authorised to collect the claim even after the assignment. Our authority to collect the claim ourselves shall remain unaffected thereby. However, we shall not collect the claim as long as you meet your payment obligations from the collected proceeds, are not in default of payment and, in particular, as long as no application for the opening of insolvency proceedings has been filed and payments have not been suspended.
If you act in breach of contract, in particular in the event of default in payment, but also in the event of an application for insolvency proceedings against your assets, we shall be entitled to take back the goods. In this case, taking back the goods does not constitute withdrawal from the contract, unless we expressly declare this in writing.
5.5 Release of securities
If the value of the securities exceeds the value of the secured claims by more than 15 percent, we shall be obliged to release securities at your request.
6.1 Warranty claim
There are statutory warranty rights. A warranty claim can only arise with regard to the properties of the goods; reasonable deviations in the aesthetic properties of the goods are not covered by the warranty claim. In particular with regard to the descriptions, representations and information in our offers, brochures, catalogues, on the website and other documents, technical and design deviations may occur (e.g. colour, weight, dimensions, design, scale, positioning etc.) insofar as these changes are reasonable for you. Such reasonable reasons for change may result from customary fluctuations and technical production processes. As far as guarantees are given in addition to the warranty claims, you will find their exact conditions with the product. Possible guarantees do not affect the warranty rights.
6.2 Warranty to consumers
The risk of accidental loss or deterioration of the goods sold shall not pass to you until the goods are handed over. If you should recognize that the outer packaging arrives damaged with you and/or determine a damage after receipt of the commodity, we ask you to communicate this to you. There is, however, neither an obligation to such a notification, nor are the warranty rights affected by an omitted notification. If the goods are defective, you can either demand subsequent performance in the form of rectification or subsequent delivery. If defects are not remedied even after two attempts at rectification, you shall be entitled to rescission or reduction.
6.3 Warranty to entrepreneurs
In the event of a defect, we shall, at our own discretion, remedy the defect or make a new delivery in the form of rectification of the defect, deviating from the statutory warranty provisions. The risk of accidental loss or deterioration of the goods shall pass to you when the goods are handed over to the person designated for transport. Entrepreneurs must report obvious defects immediately and non-obvious defects immediately after discovery in text form; otherwise the assertion of the warranty claim is excluded. Timely dispatch is sufficient to meet the deadline. The full burden of proof for all claim prerequisites, in particular for the defect itself, for the time of detection of the defect and for the timeliness of the notice of defect lies with the entrepreneur.
6.4 Rights in the case of insignificant defects
If there is only an insignificant defect, you only have the right to a reasonable reduction of the purchase price under exclusion of the right of withdrawal.
6.5 Damages for defects
For damages, which are to be led back to an improper treatment or use, no guarantee is given. The following disclaimer is expressly referred to.
6.6 Statute of limitations
The warranty for new goods is 1 year for entrepreneurs and 2 years for consumers. For used goods the warranty is 1 year. If you are an entrepreneur, the warranty for used goods is excluded and for new goods this is 1 year. Excluded from this is the right of recourse according to § 478 BGB. The shortening of the limitation period expressly does not exclude liability for damages resulting from injury to life, body or health or in the case of intent or gross negligence. The provisions of the Product Liability Act shall also remain unaffected.
7.1 Disclaimer of liability
We as well as our legal representatives and vicarious agents are only liable for intent or gross negligence. Insofar as material contractual obligations (i.e. obligations whose observance is of particular importance for the achievement of the purpose of the contract) are concerned, liability shall also be assumed for slight negligence. The liability is limited to the foreseeable, contract-typical damage. In the event of a grossly negligent breach of non-essential contractual obligations, we shall be liable to entrepreneurs only to the extent of the foreseeable damage typical of the contract.
7.2 Reservation of liability
The above exclusion of liability does not apply to liability for damages resulting from injury to life, limb or health. The provisions of the Product Liability Act shall also remain unaffected by this exclusion of liability.
8. Final provisions
8.1 Place of jurisdiction
Our place of business shall be agreed as the exclusive place of jurisdiction for all legal disputes arising from this contract if you are a merchant, a legal entity under public law or a special fund under public law.
8.2 Choice of law
As far as there are no compelling legal regulations according to your home right, German law is considered as agreed under exclusion of the UN purchase right.
8.3 Consumer dispute settlement proceedings
The EU Commission has created an Internet platform for the online settlement of disputes concerning contractual obligations arising from online contracts (OS platform). You can access the OS platform via the following link: http://ec.europa.eu/consumers/odr/ . We are not willing or obliged to participate in a dispute resolution procedure before a consumer mediation body.
8.4 Severability clause
The invalidity of individual provisions shall not affect the validity of the remaining General Terms and Conditions.
II. Data protection
Personal data collected and processed by us within the framework of the conclusion of the contract and the execution of the contract are used exclusively for the establishment of the contract, the content, execution or execution of the contractual relationship (Art. 6 I b GDPR). They will not be passed on to third parties. The data will only be passed on to the shipping company commissioned with the delivery in order to fulfil the contract, insofar as this is necessary for the delivery of ordered goods. In order to process payments, the necessary payment data shall be forwarded to the bank commissioned with the payment and, if applicable, to the commissioned and selected payment service provider. A use of personal data is therefore only to the extent necessary or if we are required by law or court order to do so or, if necessary, to prevent misuse contrary to the Terms and Conditions in a lawful manner.
After the end of the purpose for which the data was collected, we only store your personal data for as long as this is necessary due to legal (in particular tax) regulations.
3. Your rights with regard to your data
You can request information from us as to whether we process your personal data and, if so, you have a right to information about this personal data and the further information specified in Art. 15 GDPR.
3.2 Right to correction
You have the right to rectify the incorrect personal data concerning you and may request the completion of incomplete personal data in accordance with Art. 16 GDPR.
3.3 Right to cancellation
You have the right to demand that we delete your personal data immediately. We are obliged to delete them immediately, in particular if one of the following reasons applies:
• Your personal data is no longer necessary for the purposes for which it was collected or otherwise processed.
• You revoke your consent on which the processing of your data was based and there is no other legal basis for the processing.
• Your data have been processed unlawfully.
The right to deletion does not exist insofar as your personal data is necessary for the assertion, exercise or defence of our legal claims.
3.4 Right to limitation of processing
You have the right to demand that we restrict the processing of your personal data if
• you dispute the accuracy of the data and we therefore verify the accuracy,
• the processing is unlawful and you refuse to delete it and instead request the restriction of its use
• we no longer need the data, but you need it to assert, exercise or defend legal claims,
• you have objected to the processing of your data and it is not yet clear whether our legitimate reasons outweigh your reasons.
3.5 Right to Data Transferability
You have the right to receive the personal data relating to you that you have provided to us in a structured, common and machine-readable format and you have the right to communicate this data to another responsible person without our interference, provided that the processing is based on a consent or a contract and the processing is carried out by us using automated procedures.
3.6 Right of withdrawal
If the processing of your personal data is based on a consent, you have the right to revoke this consent at any time.
3.7 General and right of appeal
The exercise of your aforementioned rights is generally free of charge for you. If you have any complaints, you have the right to contact the data protection supervisory authority responsible for us directly.
4. Responsible authority / contact to data protection
If you would like to contact us about data protection, please use the contact options below.
Responsible person in the sense of the GDPR:
eROCKIT Systems GmbH,
represented by its managing director: Mr. Andreas Zurwehme
16761 Hennigsdorf, Germany
E-mail: [email protected]
1. Battery disposal
In connection with the sale of batteries or the delivery of devices containing batteries, we are obliged to draw your attention to the following:
You are legally obliged to return used batteries as an end user. You can return old batteries which we carry or have carried as new batteries in our range free of charge to our dispatch warehouse (dispatch address). The symbols shown on the batteries have the following meaning:
The symbol of the crossed-out dustbin means that the battery must not be disposed of with household waste.
Pb = battery contains more than 0.004% lead by mass
Cd = battery contains more than 0,002 % cadmium by mass
Hg = Battery contains more than 0.0005 mass percent mercury.
Please follow the instructions above.
2. Electronic Equipment Act (ElektroG)
We are not manufacturers of electrical appliances according to § 3 paragraph 9 ElektroG. However, as a distributor of electrical appliances, we guarantee in the sense of the ElektroG that we will only market electrical appliances whose manufacturers have notified the Federal Environment Agency or the responsible body in accordance with § 6 Paragraph 2 Sentence 1 ElektroG.