Terms and conditions


1. Scope

For all orders via our online shop, the following terms and conditions apply. Our online shop is aimed exclusively at consumers.

A consumer is any natural person who enters into a transaction for purposes which can be attributed primarily neither commercial nor independent professional activity. Entrepreneur is a natural or legal person or a legal partnership that, in the course of entering into a legal transaction, acts in the exercise of its commercial or independent professional activity.

2. Contracting party, conclusion of contract

The purchase contract is concluded with KTM Rau.

The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalog. We reserve the right to make technical changes and price changes. You can initially put our products into the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the corrective aids provided and explained in the ordering process. By clicking on the order button you place a binding order of the goods contained in the shopping cart. Confirmation of receipt of your order will be made by e-mail immediately after sending the order.

The contract is concluded when KTM Rau and the third party accept this offer. Acceptance is subject to the availability of the ordered goods / services. The declaration of acceptance to the customer is not required, the customer waives this within the meaning of § 151 p. 1 BGB. The online shop customer confirms the terms and conditions. For informal orders the terms and conditions are accepted by the customer. Partial deliveries are permitted.

3. Contract language, contract text storage

The languages available for the contract are German and English.

We save the contract text and send you the order data and our terms and conditions by e-mail. You can see the contract text in our customer login.

4. Delivery terms

In addition to the stated product prices shipping costs are added. You can find out more about the shipping costs in our shipping overview or via the shipping cost calculator in the shopping cart.

You have the option of self-pickup at KTM_RAU / Eberhard Rau, Wilhelm-Maybach-Str. 4, 72505 Krauchenwies, Germany during the following business hours: Monday to Friday: 09:00 AM - 12:30 PM and 02:00 PM - 06:00 PM | Saturday (during season): 10:00 AM - 01:00 PM. We will inform you when your order is ready for collection. You can also pay in cash or by debit card and PIN.

5. Payment

In our online shop you can always use the following payment methods:

Payment in advance (bank transfer)
If you select the payment method payment in advance we will inform you about our bank details in separate email and process your order and deliver the goods after receipt of payment.

PayPal Plus
As part of the payment service PayPal Plus, we offer you various payment methods as PayPal services. You will be redirected to the website of the online provider PayPal. There you can specify your payment details, confirm the use of your data by PayPal and the payment instructions to PayPal.

If you have chosen the payment method PayPal, you have to be registered there to be able to pay the invoice amount or register first and legitimize with your access data. The payment transaction will be carried out automatically by PayPal immediately after confirmation of the payment order. You'll get more information during the ordering process.

If you have chosen the payment method credit card, you do not have to be registered with PayPal in order to pay the invoice amount. The payment transaction will be processed by your credit card company at the request of PayPal and your card will be charged immediately upon confirmation of the money order and after your legitimacy as the legitimate cardholder. You'll get more information during the ordering process.

If you have selected the method of payment direct debit, you do not have to be registered with PayPal in order to pay the invoice amount. By confirming the payment order you give PayPal a direct debit mandate. About the date of the account you will be informed by PayPal (so-called prenotification). Upon submitting the direct debit mandate immediately after confirming the payment order, PayPal will ask its bank to initiate the payment transaction. The payment transaction will be processed and your account will be charged. You'll get more information during the ordering process.

If you have selected the method of payment Invoice, you do not have to be registered with PayPal in order to pay the invoice amount. After successful address and credit check and submission of the order, we withdraw our claim to PayPal. In this case you can only pay to PayPal with debt-discharging effect. For the payment via PayPal apply - in addition to our terms and conditions - the terms and conditions and privacy policy of PayPal. Further information and the complete terms and conditions of PayPal for the invoice can be found here: https://www.paypal.com/en/webapps/mpp/ua/pui-terms?locale.x=en_GB.

Cash on pickup

You pay the invoice amount in cash on pickup.

6. Reservation of ownership

The goods remain our property until full payment.

7. Transport damage

If goods are delivered with obvious damage in transit, please complain such errors as soon as possible to the deliverer and please contact us immediately. The failure to file a complaint or contact has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, they help us claim our own claims against the carrier or the transport insurance.

8. Warranty and guarantees

Unless explicitly agreed otherwise below, the statutory warranty rights apply.
For used goods: if the defect occurs after one year from delivery of the goods, the claims for defects are excluded. Defects that occur within one year from delivery of the goods can be asserted within the statutory limitation period of two years from the delivery of the goods.
The above limitations and shortened terms do not apply to claims for damages caused by us, our legal representatives or vicarious agents

  • in case of injury to life, body or health,
  • in case of intentional or grossly negligent breach of duty as well as malice,
  • in case of breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the contractual partner may regularly rely (cardinal obligations)
  • as part of a guarantee promise, as far as agreed or
  • as far as the scope of application of the Product Liability Act is opened.

Information on any applicable additional guarantees and their exact conditions can be found in the product and on special information pages in the online shop.

Customer Service: You can contact our customer service for any questions and complaints Monday to Friday from 10:00 AM to 12:30 PM & 02:30 PM to 05:00 PM at + 49 (0) 7576 - 9629380 and by email at info@ktm-versand.de.

9. Liability

We are always liable without limitation for claims due to damage caused by us, our legal representatives or vicarious agents

  • in case of injury to life, body or health,
  • in case of intentional or grossly negligent breach of duty,
  • with guarantee promise, as far as agreed, or
  • as far as the scope of application of the Product Liability Act is opened.

In the event of a breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract and (contractual) obligations by ordinary negligence of us, our legal representatives or vicarious agents, the liability shall be limited to the amount foreseeable damage, which typically has to be expected at the time the contract was concluded. Incidentally, claims for damages are excluded.

10. Dispute resolution

The European Commission provides an online dispute resolution (OS) platform, available here https://ec.europa.eu/consumers/odr/.
We are willing to participate in an out-of-court conciliation procedure before a consumer arbitration board.

11. Applicable law

For consumers and other persons with their normal place of business or residence in a Member State of the European Union (EU) or the European Economic Area (EEA) at the time of conclusion of the contract, German law shall apply excluding the UN sales law.

For consumers who are habitually resident in a state that is neither a member of the EU nor the EEA, German law applies, excluding the UN sales law and German consumer protection law.

Regardless of this choice of law, consumers are always subject to the mandatory consumer protection laws of the state in which they have their habitual residence at the time the contract is concluded.

Version status: 06/2019

Terms and conditions created with the help of the Trusted Shops legal text module in coorperation Wilde Beuger Solmecke lawywers.

Viewed