STATUTORY CONSUMER RIGHTS
- All Customers within the EU, Norway, Switzerland, UK & US, who are consumers, have a statutory right to cancel and return an Order for any reason within 14 days from the day of delivery of such Order. Any invocation of such right of cancellation/withdrawal is preferably made through the contact form on the Website.
- The above stated right of withdrawal is not applicable in cases where the Product is digital and available directly upon purchase or in cases where the Product is are made to order or clearly personalized.
- Inspect your order upon reception and contact us immediately if the item is defective, damaged or if you receive the wrong item, so that we can evaluate the issue and make it right.
- To be eligible for a return, your item must be in the same condition that you received it, unworn or unused, with tags, and in its original packaging. You’ll also need the receipt or proof of purchase.
- If the Customer is entitled to a refund due to a cancellation or withdrawal, such repayment will be made to the credit card, debit card or bank account used by the Customer to pay for the Products.
- In case of a cancellation or withdrawal of an Order, BTM reserves the right to withhold any advance payment made for such Order, or make charges to the Customer, to cover any administrative costs, freight costs and handling costs due to the return of the Ordered Product.
BTM warrants upon purchase of a new, i.e. previously factory-new and previously unregistered BTM Motorcycle ("New Vehicle") that the condition of the New Vehicle including the battery corresponds to the usual state of the art of comparable vehicle types in the electric vehicle industry ("Warranty").
If the actual color of the goods deviates for technical reasons within the same color spectrum from the color representations, especially in the online store (e.g. different red shading), such deviation does not constitute a defect of the goods. It is not covered by this warranty.
The warranty has a term of two years in Countries of the European Union & a term of one year in the US. It begins with the handover or first registration of the BTM Motorcycle, whichever occurs first ("transfer of risk").
If the condition of the new vehicle at the time of transfer of risk does not correspond to the state of the art of comparable vehicle types customary in the electric vehicle industry ("defect") or if such a defect becomes apparent during the term of the warranty, Black Tea Motorbikes may, at its own discretion, remedy the defect ("rectification") or deliver another new vehicle ("subsequent delivery").
In the case of rectification, BTM may, at its own discretion, replace defective parts or repair them by workmanship. BTM is entitled to have the rectification performed by an authorized third party ("Service Partner").
The following parts are excluded from the warranty: Parts subject to natural wear and tear (in particular brake pads, tires, shock absorbers, lights, but not the battery); (For the avoidance of doubt: The battery, although subject to wear, is covered by the warranty as long as it is stored and handled in accordance with the operating instructions).Operating and auxiliary materials, such as hydraulic or brake fluid, oils, greases and other lubricants, seals; Parts that are regularly replaced during maintenance or servicing work; Optional equipment not offered as part of the purchase of a new vehicle and other accessories not approved by BTM.
Under the following conditions, the warranty holder ("You") shall be entitled to have the defect remedied: The defect must be reported to BTM in writing immediately after its discovery. If you notify BTM, BTM will name a service partner who is authorized to remedy the defect. Thereafter, you must contact the service partner designated by Black Tea Motorbikes to remedy the defect. Depending on the type of defect, the defect will be repaired either in the workshop of the service partner or on your premises. The service partner will examine the new vehicle with regard to the defect you have complained about. If this inspection reveals that there is no defect covered by this warranty, you shall bear the costs incurred for the inspection of the new vehicle with regard to the defect complained about (e.g. for the working time for the inspection of the new vehicle). If the inspection shows that there is a defect covered by this warranty, the service partner will rectify it on behalf of BTM, provided that rectification is possible. If rectification is not possible and the defect is to be rectified by subsequent delivery, this shall be carried out directly by BTM. If parts of the new vehicle are replaced in the course of rectification by the authorized partner, the removed parts shall become the property of BTM.
This warranty shall extend to the parts installed, painted or repaired in the course of the rectification. However, the term of the warranty does not start again as a result of the rectification, so that the warranty for the installed, painted or repaired parts has a term that is calculated from the original term of the warranty according to section 11.2. minus the time that has already elapsed until the rectification. The warranty thus always runs at the longest until the expiry of the original term for the new vehicle in accordance with section 11.2. This also applies if the BTM Motorcycle is replaced by subsequent delivery.
If the vehicle becomes inoperable due to a defect, you are obliged to contact BTM first. Warranty obligations do not exist if the damage that has occurred is causally related to the fact that the vehicle has been damaged by accident, other wilful or malicious acts (also by third parties) or by force majeure;the regulations concerning the operation, handling and care of the vehicle (e.g. operating instructions) have not been followed; the vehicle has been used improperly or in an irregular manner (in particular violation of the road traffic and vehicle registration regulations); the vehicle has been overloaded; parts have been installed in the vehicle whose use has not been approved by BTM or the vehicle has been modified in a way not approved by BTM; the vehicle has been improperly repaired, improperly maintained or improperly serviced by yourself or a third party who is not a BTM service partner. Further claims do not exist from this warranty. In particular, neither claims for compensation, such as the provision of a replacement vehicle for the duration of the repair, a pick-up nor claims for damages are covered.