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Conditions of Use

§ 1 General / Scope 1. The following general terms and conditions apply to all services, deliveries and offers from Fanatics Motorcycle e.K. and all business relationships between the Fanatics Motorcycle e.K. and the customer, customer or third party. The version valid at the time the contract is concluded is decisive, whereby purchasing or other conditions of the customer or third parties do not apply. This also applies in the event that Fanatics Motorcycle e.K. refers to a letter from the customer, customer or third party that contains their terms and conditions or refers to such. 2. Consumers within the meaning of these terms and conditions are natural persons with whom a business relationship is entered into without which commercial or self-employed professional activity can be attributed to them. Entrepreneurs within the meaning of these terms and conditions are natural or legal persons or partnerships with legal capacity with whom a business relationship has been entered and who act in the exercise of their commercial or self-employed professional activity. Customers within the meaning of these terms and conditions are both consumers and entrepreneurs. 3. Deviating, conflicting or supplementary general terms and conditions, even if they are known, are not part of the contract unless their validity is expressly agreed to in writing.

§ 2 Conclusion of contract 1. All offers from Fanatics Motorcycle e.K. and conditions for their goods are subject to change and non-binding. Our presentation of goods in the catalog and on the Internet does not represent an offer, but a non-binding invitation to the customer to place an order. We reserve the right to make technical and other changes in shape, color or weight within reasonable limits. 2. By ordering the desired goods, the customer makes a binding offer to enter into a contract. The receipt of an order by telephone does not constitute a binding acceptance by Fanatics Motorcycle e.K. The agreement with Fanatics Motorcycle e.K. and the customer. The Fanatics Motorcycle e.K. is entitled to accept the contract offer contained in the order within 2 weeks. For goods ordered electronically, Fanatics Motorcycle e.K. entitled to accept the order within 3 working days after receipt of the order. 3. The Fanatics Motorcycle e.K. is entitled to refuse acceptance of the order, for example after checking the creditworthiness of the customer. 4. The conclusion of the contract is subject to the proviso that in the event of incorrect or improper delivery to ourselves, we will not pay or only pay in part. This only applies in the event that the non-delivery is not caused by Fanatics Motorcycle e.K. is to be represented. In the case of unavailability or only partial availability of the goods, the customer will be informed promptly. Any payment made will be refunded. Fanatics Motorcycle e.K. not responsible and cannot be held liable for it.

§ 3 Retention of title 1. For consumers, Fanatics Motorcycle e.K. retain ownership of the goods or the delivery item until all payments under the agreement or the delivery contract have been made in full. For entrepreneurs, Fanatics Motorcycle e.K. retain ownership of the goods until all claims from an ongoing business relationship have been settled in full. If the value of the reserved goods exceeds the claims to be secured from the current business relationship by 20%, Fanatics Motorcycle e.K. obliged to release the reserved goods at the request of the entrepreneur. 2. The customer is obliged to treat the goods with care during the existence of the retention of title. The customer has the Fanatics Motorcycle e.K. immediately in writing of any access by third parties to the goods, in particular of enforcement measures, as well as any damage or destruction of the goods. The customer must notify us immediately of any change of ownership or change of address. The customer has informed Fanatics Motorcycle e.K. to compensate for all damage and costs arising from a breach of these obligations and from necessary intervention measures against access by third parties to the goods. 3. The Fanatics Motorcycle e.K. is entitled to withdraw from the contract and to demand the return of the goods if the customer behaves in breach of contract, in particular in the event of default in payment. In addition, the Fanatics Motorcycle e.K. entitled to withdraw from the contract in the event of a breach of an obligation under Section 2 and to demand the return of the goods if adherence to the contract is no longer reasonable. This also applies to seizure of the reserved goods, which always involves a withdrawal from the contract. With every seizure of the reserved goods, the customer and reserved buyer of Fanatics Motorcycle e.K. to immediately enable an action to be brought in accordance with § 771 ZPO. If the customer is unable to contact Fanatics Motorcycle e.K. to reimburse the costs of extrajudicial and judicial proceedings in accordance with § 771 ZPO, the customer is liable for this, which Fanatics Motorcycle e.K. damage incurred.

§ 4 Return Clause 1. The consumer has the right to return the goods within 2 weeks of receipt in the original packaging. The right of return can only be exercised by returning the goods or, if the goods cannot be sent as a package, by requesting their return. Deadline is sufficient for the timely dispatch. A return of the goods is excluded in the case of special orders / special procurement and deliveries of goods according to customer specifications or the unsealing of the goods. Electronic assemblies and components are generally excluded from return. If the goods show bruises, dents, scratches or other damage, they cannot be returned or exchanged. Apart from that, there is no legal entitlement to the exchange of goods that are free of defects. After the 2-week return period has expired, a return is only possible in exceptional cases. For this, re-storage costs amounting to 20% of the value of the goods are due. For Thorcat systems that need to be restocked due to approved returns or withdrawals, a fee of 200 euros will apply for the correction and de-registration and restocking. These will be deducted from the refund amount.

 

 
 
 
 
 
 
1.652 / 5.000
 

Übersetzungsergebnisse

§ 5 Remuneration 1. The offered price is binding. Legal sales tax included in the price. In the case of mail-order purchases, the price is plus a flat-rate shipping fee. The customer does not incur any additional costs when ordering by using the means of long-distance communication. The customer can pay the price by invoice, cash on delivery, advance payment or Paypal payment. The Fanatics Motorcycle e.K. reserves the right to exclude individual payment methods. 2. The customer undertakes to pay the price immediately upon receipt of the goods. After this period the customer is in default of payment. During the delay, the consumer has to pay interest on the debt at a rate of 5% points above the base rate, the entrepreneur at 8% points above the base rate. 3. The customer only has a right to set-off if his counterclaims have been legally established or if Fanatics-parts e.K. were recognized. The customer can only exercise a right of retention if his counterclaim is based on the same contractual relationship. Section 6 Passing of Risk 1. For consumers, the risk of accidental loss and accidental deterioration of the purchased goods is transferred to the consumer when the goods are handed over, even in the case of mail-order sales. In the case of entrepreneurs, the risk of accidental loss and accidental deterioration of the goods passes to the entrepreneur when the goods are delivered to the forwarding agent, carrier or other person or institution responsible for carrying out the shipment. The handover is the same if the customer is in default with the acceptance.

§ 6 Passing of Risk 1. For consumers, the risk of accidental loss and accidental deterioration of the purchased goods is transferred to the consumer when the goods are handed over, even in the case of mail-order sales. In the case of entrepreneurs, the risk of accidental loss and accidental deterioration of the goods passes to the entrepreneur when the goods are delivered to the forwarding agent, carrier or other person or institution responsible for carrying out the shipment. The handover is the same if the customer is in default with the acceptance.
 
§ 7 Warranty / manufacturer's guarantee 1. Consumers have the choice of whether the supplementary performance should take the form of repairs or a replacement delivery. The Fanatics Motorcycle e.K. is entitled to refuse the type of supplementary performance chosen if it is only possible with disproportionate costs and the other type of supplementary performance remains without significant disadvantages for the consumer. For companies, Fanatics Motorcycle e.K. for defects in the goods, at its discretion, initially guarantee through repair or replacement delivery. 2. If the rectification fails, the customer can demand a reduction in payment or cancellation of the contract as well as damages, at his discretion. In the case of only minor defects, the customer has no right of withdrawal. If the customer chooses compensation, the limitations of liability according to Section 8, paragraphs 1 and 2 of these general terms and conditions apply. 3. Consumers must report obvious defects in the goods in writing within 2 months of receipt. Otherwise the assertion of warranty claims is excluded. Entrepreneurs must immediately inspect the goods for quality and quantity deviations and report any noticeable defects in writing within a period of 1 week from receipt of the goods. Otherwise the assertion of the warranty claim is excluded. Hidden defects must be reported in writing within a period of 1 week after discovery. Deadline is sufficient for the timely dispatch. The entrepreneur bears the full burden of proof for all prerequisites for a claim, in particular for the defect itself, for the time the defect was discovered and for the timeliness of the notice of defects. 4. Thorcat exhaust systems that are operated on vehicles whose factory configuration of the fuel injection system has been manipulated through the use of tuning software of any kind, or whose fuel systems or engine control have been modified by mechanical / electronic assemblies or are operated with air filters other than the original ones, lose the warranty and manufacturer warranty. For import vehicles with 1HD1 identification, we do not give any guarantee/warranty for entries of Thorcat systems in vehicle documents or for proper operation within the legally permissible regulations. Exceptions are adjustments on the in-house test bench of the manufacturer THORCAT / Fanatics Motorcycle e.K.
§ 8 Promotions and special sales Promotional and sale items are only available while the calculated inventory and stocks last for that promotion and the offer is only valid for the designated period. This is neither before nor backdated! If an offered item runs out before the end of the set campaign period, there is no legal claim beyond that, the order request will then no longer be carried out under the campaign conditions and will be cancelled. Items from these promotions are generally excluded from exchange, revocation and return and are no longer discountable with additional special discount promotions.

§ 9 Delivery Status & Availability Delivery times are given to the best of our knowledge and planning, but always reflect only a snapshot of stock or availability at the time of update! Articles with the delivery option "Pre-order" indicate that the article is currently not available, but is already being prepared for production and secures the option for a place on the production list. If the article is available for delivery, the delivery will take place chronologically to the receipt of the pre-order by us. If possible, items that can be pre-ordered should be completed with the payment option "Payment in advance". If we are ready to deliver, we will send the invoice in advance and you can select the payment option PayPal, cash on delivery or bank transfer. They are then managed in the system with the order status "backorder/backorder" and delivered as soon as the goods arrive at the warehouse. Article with delivery option "Production i.V." indicate that the article is currently not available, but is already being planned. There is no delivery date yet. Of course you can make a reservation and also place an order, preferably with advance payment, but please do not pay! If we are ready to deliver, we will send the invoice in advance and you can select the payment option PayPal, cash on delivery or bank transfer. They are then managed in the system with the order status "backorder/backorder" and delivered as soon as the goods arrive at the warehouse.

Note: The information on availability always only refers to one item under the item number. If you want to order more than one item of the same item number, please note that this may affect the shipping time: The item may not be in stock in the desired quantity. Larger orders may take longer to ship.

§ 9.1 Scope of delivery exhaust systems Unless otherwise noted in the item description, exhaust systems and systems consisting of elbows, pots, heat protection shields if necessary are delivered with the usual assembly material, brackets and clamps as well as connection technology. There may also be documentation, type plate and ID card. Manifold flanges, snap rings and seals are not included and can be ordered separately. § 10 Registration of THORCAT exhaust systems There is an obligation to register for our systems. The serial number of each THORCAT® system is assigned to the chassis number of the vehicle as well as the exhaust type, the module used and the customer and is entered in the THORCAT REGISTER. This leads to the intended proof of use. The transfer of a used exhaust system with THORCAT system to another vehicle is possible if we have checked the possible transfer in advance. Without our check for compatibility and release with changes in the THORCAT® register, the use would be illegal and lead to the loss of the operating license. If you would like to purchase a used exhaust system with a THORCAT ® retrofit system, please have the serial number (SN-xxxx) checked in advance for compatibility and possible approval with a change in the THORCAT ® register to your name and your vehicle.

Even if you forgot to enter your chassis number when ordering a new THORCAT system in the shop, use the THORCAT REGISTER to record it later and apply for your ID card. The service fee for this is 10 euros in any case. The link to the entry can be found on our shop page in the footer of the THORCAT REGISTER. Alternatively, the link to it: THORCAT REGISTER

§ 11 Limitations of Liability 1. In the case of slightly negligent breaches of duty, the liability of Fanatics Motorcycle e.K. as well as the liability of their vicarious agents for foreseeable, contract-typical, direct average damage. In the event of slightly negligent breaches of non-essential contractual obligations, the breach of which does not jeopardize the execution of the contract, Fanatics Motorcycle e.K. and their vicarious agents. Liability is also excluded if installation and attachment instructions are not observed or the goods are installed, installed or operated improperly or not professionally. The Fanatics Motorcycle e.K. not for material properties (e.g. discoloration) or changes made to the goods by the customer or third parties. The above limitations of liability do not apply to customer claims arising from product liability or guarantees. Furthermore, the limitations of liability do not apply to Fanatics Motorcycle e.K. attributable damage to body and health or loss of life of the customer. 2. The Fanatics Motorcycle e.K. is only liable for its own content on the website of its online shop or for the information in the sales catalogue. As far as the Fanatics Motorcycle e.K. allows access to other websites with links, Fanatics Motorcycle e.K. not responsible for the external content contained there and does not adopt the external content as its own. If the Fanatics Motorcycle e.K. becomes aware of illegal content on external websites, Fanatics Motorcycle e.K. block access to these pages immediately.

 § 12 Final Provisions

1. The law of the Federal Republic of Germany applies. For consumers who do not conclude the contract for professional or commercial purposes, this choice of law only applies insofar as the protection granted by mandatory provisions of the legal state in which the consumer has his habitual residence is not withdrawn. The provisions of the UN sales law do not apply. 2. If the customer is a merchant, the exclusive place of jurisdiction for all disputes arising from this contract is Montabaur. The same applies if the customer does not have a general place of jurisdiction in Germany or if the domicile or habitual abode is not known at the time the action is filed. 3. Should individual provisions of this contract with the customer, including these general terms and conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially ineffective regulation should be replaced by a regulation whose economic success comes as close as possible to that of the ineffective one.

GENERAL SECURITY AND COMPLIANCE WARNING, PLEASE READ CAREFULLY Be sure to follow the installation instructions and contact our technical support team if necessary. Make sure all screws are sufficiently tightened. If the exhaust system touches fairings or other parts, repeat the installation of the exhaust system or contact your dealer! When starting up for the first time, do not stand behind the exhaust system and do not look into it during operation. To avoid burns, do not touch the operating system. Wear suitable protective clothing (trousers and jacket) as well as a certified helmet and gloves as well as sturdy shoes to avoid injuries. After 30 minutes of engine running and again after 500 km, retighten the screws on the manifold flanges! Regularly check all screw and plug connections of the system. During the first 100km it is normal to see white smoke coming out of the muffler. If you have any questions or technical problems, please contact our technical support first. We're here to help.

 
 
 



 




 

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