Terms and conditions

1. Terms and conditions for consumers2. Terms and conditions for businessmen

1. Terms and conditions for consumers

I. General

The company of Q-TECH, Kallenbach Motorradtechnik, 32584 Löhne, Falscheider Str.9, Germany, who is called 'user' in the following is represented by the business leader Rudolf Kallenbach.

II. Scope

(1) The users' terms and conditions are valid for all contracts on benefits of movable goods among him and his customer as far as they're consumers according to paragraph 13 BGB (German law). (2) This doesn't apply as far as the user and the customer make an individual agreement. An individual agreement unfolds it's control character only for a special designated, certain, agreement. An individual agreement does not apply for contracts in the future unless the user and the customer make an explicit written arrangement. (3) These terms and conditions are valid exclusively. Conflicting or differing customer's terms and conditions are valid only insofar as the user has explicitly accepted in written form the customer's terms and conditions previous to the conclusion of contract. This also applies if the user carries out an owed contract according to a particular agreement aware of conflicting or differing terms and conditions of the customer without reservation. (4) The user's terms and conditions apply for all contracts in the future of benefits among the user and the customer as well.

III. Bid proposal management and conclusion of contract

(1) The customer's order is a binding offer that can be agreed to by the user by sending an order confirmation or by shipment of the contract goods within one week . In case of the user's acceptance the contract becomes valid and the customer receives a confirmation of the subject terms of the contract. (2) Bids delivered before by the user are subject to confirmation. By the bid the scope of services is defined. (3) The user reserves property and copy rights on illustrations, drawings, calculations and other documents. This also applies for written documents which are marked as confident. Prior to their transfer to third parties the customer needs the user's written agreement.

IV. Obligation to Disclose Data

(1) Ordering the user's products on the domain www.q-tech.de the customer has to give and declare all his personal data (first and last name, address, and e-mail address). The customer is in bond to disclose changes in personal data that occur after sending the order in written to the user. (2) Does the customer declare against the truth false or rather incorrect data on the order, the user can withdraw from the contract which already came about. This withdrawal can also be stated in form of an e-mail. (3) It's assumed that the customer is reachable via the denoted personal data, in particular via the denoted e-mail address. If the customer is out of reach via the denoted personal data, the user can withdraw from the contract according to IV.2.

V. Prices and price conformation

(1) The offered price is binding. All prices are stated inclusive the legal VAT in Euros. The legally fixed VAT is disclosed on the day of the invoicing separately. The prices do not include carrying or transport costs which are enlisted separately. (2) The fee agreed to has to be payed.

VI. Times and terms of delivery, shipping costs

(1) As far as the ordered products are available at the user, these will be delivered immediately. If the products are not available, a delivery date gets defined. This is defined within the acceptance of order. (2) If there is no delivery date agreed, the product delivery takes place three weeks after the order of standard products. The deadline is extended in case of strike and Act of God for the retarding's duration. Insofar as a customer's obligation to co-operate is necessary, the deadline isn't running until the customer fulfilled this duty. (3) Does the shipment not take place within the deadline named in numeral 2, this is unremarkable, if the user is not liable for that. The customer has the choice to execute the right of cancellation, insofar as he requested in written for a shipment and has set an appropriate time limit. This deadline amounts to at least two weeks. (4) If the reason for non-delivery within the time limit named in numeral 2 lies at the sub-supplier, the user agrees to the assignment of the corresponding claim against the sub-supplier who has to take the responsibility for the delay. (5) The shipment of products in the territory of the Federal Republic of Germany is carried out by the DHL in principal. (6) On supplies to countries outside of Germany the customer is in bond to do the payment of customs duty self-contained. The shipment is carried out via DHL in principal. The customer may ask at any time for a different way of shipment at his own risk.

VII. Right of withdrawal

(1) The client has the right to cancel the agreement within fourteen days without giving reasons. The revocation period is fourteen days from the day the client or a third named by him who is not the carrier took possession of the last products. (2) To ensure the right of withdrawal it suffices when the client sends the definite note of the exercise of the right of withdrawal via letter, or e-mail to the user before the revocation period expires:Q-TECH Falscheider Str.9 D-32584 Löhne, Fon 00495732891720, e-mail: info@q-tech.de(3) Already received payments (with the exception of additional costs that arose out of other types of delivery that the client chose than the lowest standard delivery that we offer) are re-paid at the latest within fourteen days after we received the revocation. (4) The user can reject refuse the back-payment until he retrieved the goods or until the client provided evidence that he sent back the goods. (5) The client has to bear the costs of the insured goods' reshipment. (6) The client only has to answer for a possible loss in value if the loss in value results from a handling with the goods that is not necessary for a check of the character, the quality and the functionality of the goods.

VIII. Right of cancellation

There is no extra-ordinary right of cancellation. If the contractual relationship is neutralized out of goodwill, there is an entitlement in favour of the user as a refund of expenditures already made.

IX. Risk of loss

With the delivery the risk of loss and damage merges to the customer. In case of a shipment to an address other than the place of delivery by the customer's request, the risk of loss and damage already merges to the customer with the product shipment. In case of a product shipment to a point other than the place of delivery the costs of acceptance and similar costs have to be paid as paragraph 448 German Civil Code by the customer.

X. Reservation of proprietary rights

(1) Until the fulfillment of all user's receivables from the customer the user explicitly reserves the ownership. (2) The customer has to give notice immediately of third's methods of compulsory execution on the retention items on handing over the documents necessary for an intervention; this is also valid for other kinds of detraction. Independent from that the customer has to reference the thirds on the existent rights of the products already in advance. The customer has to pay the intervention's costs as far as the third is not able to refund them. (3) In case of handling the retention item, it's transformation or it's combination with another item the user immediately gains the ownership of this manufactured item. This is considered as a retention item.

XI. Claim of shortcomings

(1) The customer has to announce obvious defects immediately after detection. (2) The supplementary performance's choice falls to the customer. (3) The customer does not receive guaranties in sense of law from the user.

XII. Damage liability

(1) The user's liability of contractual breach of duty as well as out of crime is confined to intent and gross negligence. This is not valid for hurt of the customer's life, body and health, demands because of breach of cardinal responsibilities, i.e. of responsibilities that arise out of the contract's nature and in whose violation the attainment of the contract's intention is endangered as well as the refund of damage for delay. (2) The user's liability is also excluded in case of light negligent breach of duty of the user's auxiliary persons. (3) Insofar as a liability for damages that depend not on hurt of the customer's life, body and health and is not excluded for light negligence, such demands become time-barred within a period of two years beginning with the demand's appearance or rather at claim for damages due to a defect off handing over the item or rather off the benefit's acceptance. (4) Insofar as the claim for damage is excluded or limited opposite to the user, this is also valid with the regard to the personal claim for damage of the user's employees, jobholders, staffs, representatives and auxiliary persons.

XIII. Payment

(1) The compensation package is immediately to be paid. Payment can be done by paypal, creditcard trough paypalplus, by prepayment by IBAN bank account(2) In payment via credit card the purchasing price is due as soon as the item is commissioned and has left the stock. (3) In case of non-payment within the payment deadline the user is entitled to charge interests in the amount of calculated rates for his own credit availment, but at least 8 percentage points over the particular base rate. The respectively effective base rate is published by the German Central Bank in the Federal Bulletin at the particular points of time on § 247 paragraph 1 Sentence 2 Civil Law Code. (4) In case of ascertained cases emerge that decrease the customer's ability to pay, the user is entitled to allow the delivery or rather editing of the item only against prepayment or against receipt of an appropriate guarantee.

XIV. Contractual exclusion of set-off & right of lien

Set-off rights are only entitled to the customer if his counterclaims are legally declared, are given or accepted from the user. If the customer is trader he's only authorized to the exercise of the right of lien if his counterclaim is based on the same contractual relationship.

XV. Data protection

(1) The user will only handle, use or save the customer's personal data for contractually agreed scopes considering the legal regulation. (2) The personal data are collected, saved, used and processed elsewhere in the context of the terms and conditions according to the data protection rules by the user for the length of time of the contractual relationship until the complete execution of all post-contractual duties and rights. A data transmission to thirds is generally not given. Hereof excluded is the data transmission to the companies that are each commissioned with the delivery for the purpose of a notification of the parcel, as well as a transmission for the purpose of the claim execution and compulsory execution.

XVI. Limitation of own claims

The user's rights to payment become time-barred within three years. Relating to the start of the limitation period § 199 Civil Law Code is effective.

XVII. Final terms

(1) Contracts have to be made in written for effectiveness. (2) In case of clauses of these terms and conditions and / or the contract are or get ineffective, this does not touch the other clauses efficiency. (3) The user's business location is the place of delivery and payment insofar as not anything different arise out of the contract. The lawful arrangements on the jurisdiction stay untouched insofar as not anything other arise out of paragraph 5 of the special clause. (4) For the user's contracts agreed to based on these terms and conditions and for the resulting claims whatever kind the right of the Federal Republic of Germany is effective exclusively.

A consumer may make use of an alternative dispute resolution. The following link of the EU Commission (also known as OS Platform) contains information on online dispute resolution and is the central contact for out-of-court dispute resolution arising from any online purchase agreement or online service agreement: http://ec.europa.eu/consumers/odr.

Information requirement pursuant to Art. 36 VSBG (Consumer Dispute Settlement Act): Q-TECH is not willing to nor obliged to take part in any further dispute resolution proceedings before a consumer arbitration body.

2. Terms and conditions for businessmen

I. General

The company of Q-TECH, Kallenbach Motorradtechnik, 32584 Löhne, Falscheider Str.9, Germany , who is called 'user' in the following is represented by the business leader Rudolf Kallenbach

II. Scope

(1) The users' terms and conditions are valid for all contracts on benefits of movable goods among him and his clients as far as they're traders, legal bodies of public law or special property under public law according to paragraph 310, chapter 1 BGB (German law). (2) This doesn't apply as far as the user and the client make an individual agreement. An individual agreement needs to be laid out in writing to become valid. It unfolds its control character only for a special designated, certain, agreement. An individual agreement does not apply for contracts in the future unless the user and the client make an explicit written arrangement. (3) These terms and conditions are valid exclusively. Conflicting or differing client's terms and conditions are valid only insofar as the user has explicitly accepted in written form the client's terms and conditions previous to the conclusion of contract. This also applies if the user carries out an owed contract according to a particular agreement aware of conflicting or differing terms and conditions of the client without reservation. (4) The user's terms and conditions apply for all contracts in the future of benefits among the user and the clients as well.

III. Bid proposal management and conclusion of contract

(1) The client's order is a binding offer that can be agreed to by the user by sending an order confirmation or by shipment of the contract goods within one week . In case of the user's acceptance the contract becomes valid and the client receives a confirmation of the subject terms of the contract. (2) Bids delivered before by the user are subject to confirmation. By the bid the scope of services is defined. (3) The user reserves property and copy rights on illustrations, drawings, calculations and other documents. This also applies for written documents which are marked as confident. Prior to their transfer to third parties the client needs the user's written agreement.

IV. Obligation to Disclose Data

(1) Ordering the user's products on the domain www. siebenrock.com the client has to give and declare all his personal data (first and last name, address, telephone number and e-mail address). The client is in bond to disclose changes in personal data that occur after sending the order in written to the user. (2) Does the client declare against the truth false or rather incorrect data on the order, the user can withdraw from the contract which already came about. This withdrawal can also be stated in form of an e-mail. (3) It's assumed that the client is reachable via the denoted personal data, in particular via the denoted e-mail address. If the client is out of reach via the denoted personal data, the user can withdraw from the contract according to IV.2.

V. Prices and price conformation

(1) The offered price is binding. All prices are stated without the legal VAT in Euros. The legally fixed VAT is disclosed on the day of the invoicing separately. The net prices do not include carrying or transport costs which are enlisted separately. (2) The fee agreed to has to be payed. If the price has verifiable risen at the time of delivery caused by a change in the market value or by an increase of the fees of a third party involved in the service provision the higher price becomes valid. The proof of the increase is at the users duty. If the increase of the price is 10% or more above the initially agreed price the client has the right to cancel the contract. This right must be claimed for without delay after the notification of the increased price or at least within one week. Prices are stated plus VAT valid on the day of the issuing of the invoice.

VI. Times and terms of delivery, shipping costs

(1) As far as the ordered products are available at the user, these will be delivered immediately. If the products are not available, a delivery date gets defined. This is defined within the acceptance of order. (2) If there is no delivery date agreed, the product delivery takes place three weeks after the order of standard products. The deadline is extended in case of strike and Act of God for the retarding's duration. Insofar as a client's obligation to co-operate is necessary, the deadline isn't running until the client fulfilled this duty. (3) Does the shipment not take place within the deadline named in numeral 2, this is unremarkable, if the user is not liable for that. The client has the choice to execute the right of cancellation, insofar as he requested in written for a shipment and has set an appropriate time limit. This deadline amounts to at least two weeks. (4) If the reason for non-delivery within the time limit named in numeral 2 lies at the sub-supplier, the user agrees to the assignment of the corresponding claim against the sub-supplier who has to take the responsibility for the delay. (5) The shipment of products in the territory of the Federal Republic of Germany is carried out by the DHL in principal. (6) On supplies to countries outside of Germany the client is in bond to do the payment of customs duty self-contained. The shipment is carried out via DHL in principal. The client may ask at any time for a different way of shipment at his own risk.

VII. Right of cancellation

(1) There is no extra-ordinary right of cancellation. If the contractual relationship is neutralized out of goodwill, there is an entitlement in favour of the user as a refund of expenditures already made. (2) If the contractual relationship is modified with respect to certain benefits out of goodwill, there is an entitlement in favour of the user as a refund of expenditures to the amount of 10 % of the value of the modified benefits.

VIII. Risk of loss

The delivery is carried out of stock. With the delivery the risk of loss and damage merges to the client. IX. Reservation of proprietary rights (1) Until the fulfillment of all user's receivables from the client the user explicitly reserves the ownership. (2) The client has to give notice immediately of third's methods of compulsory execution on the retention items on handing over the documents necessary for an intervention; this is also valid for other kinds of detraction. Independent from that the client has to reference the thirds on the existent rights of the products already in advance. The client has to pay the intervention's costs as far as the third is not able to refund them. (3) In case of resale/leasing of the retention item the client transfers all accounts against thirds as guarantee until the fulfillment of all user's receivables. (4) If the value of the guarantee exceeds the user's receivables for more than 20 % the user has to release parts of the guarantee which he is entitled to by request of the client and at his option. (5) In case of handling the retention item, it's transformation or it's combination with another item the user immediately gains the ownership of this manufactured item. This is considered as a retention item.

IX. Reservation of proprietary rights

(1) Until the fulfillment of all user’s receivables from the client the user explicitly reserves the ownership. (2) The client has to give notice immediately of third’s methods of compulsory execution on the retention items on handing over the documents necessary for an intervention; this is also valid for other kinds of detraction. Independent from that the client has to reference the thirds on the existent rights of the products already in advance. The client has to pay the intervention’s costs as far as the third is not able to refund them. (3) In case of resale/leasing of the retention item the client transfers all accounts against thirds as guarantee until the fulfillment of all user’s receivables. (4) If the value of the guarantee exceeds the user’s receivables for more than 20 % the user has to release parts of the guarantee which he is entitled to by request of the client and at his option. (5) In case of handling the retention item, it’s transformation or it’s combination with another item the user immediately gains the ownership of this manufactured item. This is considered as a retention item.

X. Claim of shortcomings

(1) The client has to announce obvious defects immediately after detection in writing. It is assumed, that an announcement of obvious defects after more than 5 working days isn't immediately. If an announcement of defects isn't done immediately, claims for guarantee are excluded inasfar as the defect has not been fraudulent concealed by the user. (2) In the case of a pick-up at the shop it's the clients duty to check the separated items carefully before acceptance on the spot for completeness and obvious defects. If on doing so the client detects any defects these are to be complained about immediately. (3) The supplementary performance's choice falls to the client. If the chosen supplementary performance fails, the client has the choice of claiming a reduction of the price or of cancellation of the contract, unless the user isn't liable for the failure. (4) The customer does not receive guaranties in sense of law from the user.

XI. Damage liability

XII. Payment

(1) The compensation package is immediately to be paid. Payment can be done by credit card, by paypal, by prepayment or cash.(2) In payment via credit card the purchasing price is due as soon as the item is commissioned and has left the stock. (3) In case of non-payment within the payment deadline the user is entitled to charge interests in the amount of calculated rates for his own credit availment, but at least 8 percentage points over the particular base rate. The respectively effective base rate is published by the German Central Bank in the Federal Bulletin at the particular points of time on § 247 paragraph 1 Sentence 2 Civil Law Code. (4) In case of ascertained cases emerge that decrease the client's ability to pay, the user is entitled to allow the delivery or rather editing of the item only against prepayment or against receipt of an appropriate guarantee.

XIII. Contractual exclusion of set-off & right of lien

Set-off rights are only entitled to the client if his counterclaims are legally declared, are given or accepted from the user. If the client is a trader he's only authorized to the exercise of the right of lien if his counterclaim is based on the same contractual relationship.

XIV. Data protection

(1) The user will only handle, use or save the client's personal data for contractually agreed scopes considering the legal regulation. (2) The personal data are collected, saved, used and processed elsewhere in the context of the terms and conditions according to the data protection rules by the user for the length of time of the contractual relationship until the complete execution of all post-contractual duties and rights. A data transmission to thirds is generally not given. Hereof excluded is the data transmission for the purpose of the claim execution and compulsory execution.

XV. Limitation of own claims

The user's rights to payment become time-barred within five years. Relating to the start of the limitation period § 199 Civil Law Code is effective.

XVI. Final terms

(1) Contracts have to be made in written for effectiveness. An additional agreement needs to be accepted by the user in writing to become valid or to be signed by both parties. (2) Any modification, extension or annulment of these terms and conditions need to be made in writing. Oral agreements are invalid. (3) In case of clauses of these terms and conditions and / or the contract are or get ineffective, this does not touch the other clauses efficiency. (4) The user's business location is the place of delivery and payment unless not anything different arise out of the contract. The lawful arrangements on the jurisdiction stay untouched insofar as not anything other arise out of paragraph 5 of the special clause. (5) The court of jurisdiction for contracts with traders, legal bodies of public law or special property under public law is exclusively the court having jurisdiction for the user. (6) For the user's contracts agreed to on these terms and conditions and for the resulting claims whatever kind the right of the Federal Republic of Germany is effective exclusively.