These terms of purchase (the “Terms”) always apply, unless otherwise specifically agreed in writing, between Black Tea Motorbikes GmbH, Gollierstr. 70, 80339 Munich ("BTM"), and every customer who makes a purchase of Black Tea Motorbikes' wares (the “Customer”) for every purchase made through BTM's online store at the webpage www.blackteamotorbikes.com or any of its sub-domains or connected webpages (together the “Website”) within the EU, Norway, Switzerland, UK & US.
BTM and the Customer are jointly referred to below as the “Parties” and individually as a “Party”.
These Terms regulate BTM's provision of all goods purchased through the Website (the “Products”) and the Parties’ relations in connection therewith.
A binding agreement is entered into between the Parties once the Customer has made an online order (“Order”) of a Product and approved the Terms on the Website and BTM has confirmed the order through a confirmation email (the “Agreement”), whereupon these Terms enter into force between the Parties.
By approving the Terms, the Customer also confirms that he/she is of legal age and is not under guardianship and therefore has the legal ability and right to enter into the Agreement.
BTM may, at its sole discretion, reject an Order if BTM considers that the Customer does not fulfill applicable minimum requirements or pre-criteria for making the Purchase of the ordered Product(s) or entering into the Agreement.
Additional conditions other than those provided in these Terms may apply to certain special orders and will in such cases be conveyed by BTM before the confirmation of such order.
Information regarding the estimated time of delivery for the Products is given on the product page for each Product on the Website, on the FAQ and/or in the order confirmation from BTM.
Seeing as many Products are made to order and relies on the performance of one or several of BTM's suppliers, BTM cannot warrant any specific delivery date and reserves the right to postpone delivery if necessary.
In the event that BTM postpones the delivery of an Order from the originally communicated estimated date of delivery by more than 4 months, BTM shall immediately inform the Customer of such postponement and await the Customer’s approval before continuing the handling of the Customer’s Order. If the Customer does not agree to the postponement of the delivery, BTM shall without undue delay repay any made advance payments to the Customer.
If a delivered Order is to be redeemed at a postal agent, the Customer must do so within the time specified in the notification. Delivered Orders must normally be picked up in person with valid identification.
For uncollected Orders, 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 Order. Failure to collect a delivered Order does not count as an exercise of any right of withdrawal and is not covered by any campaigns/offers of free returns.
4. PRICES AND PAYMENT
- All prices on the Website are given in Euro (€) and Dollar ($). Subject to these Terms, the prices given on the Website on the date the Order is placed shall apply.
- The stated prices in BTM's order confirmation are final prices for the ordered Products (totals) but may be subject to delivery- or customs charges which shall be borne by the Customer.
- For most Products and Orders BTM requires a full advance payment. Information regarding the size and due date of such advance payment will be given on the product page for applicable Products on the Website and in the order confirmation from BTM.
- All Products remain BTM's property until full payment of the purchase price of such Product has been made.
- BTM accepts the following payment methods: debit and credit card, PayPal and payment against invoice.
- BTM reserves the right not to accept certain payment methods for a given Order and to refer to other payment methods. The Customer is responsible for any additional costs associated with money transactions.
- If nothing else has been agreed between the Parties, payment shall be due upon BTM's written request.
- If payments are not made in time, BTM may cancel the delivery of the relevant Order, whereupon any made advance payment will be irrevocably lost and non-refundable.
- In case of late payments, BTM is also entitled to interest and administrative fees in accordance with applicable laws.
- If the Customer wishes to issue a complaint regarding the Products delivered by BTM, the Customer can contact BTM through the contact form provided on the Websites.
- For a complaint to be valid, it must be reported immediately after the relevant circumstance of the complaint was or should have been discovered. BTM's responsibility, however, is in any case limited to circumstances for complaints that are discovered and reported to BTM within 24 months from the delivery of the Products.
- The Customer must define, when making the complaint, and, if necessary, also show, how the circumstance of the complaint is manifested.
- If the Customer complains about the Products and provides the requested documentation, BTM will investigate the complaint and notify the Customer by e-mail within a reasonable time (normally within 30 days) if the complaint can be accepted and inform about the planned remediation process. Should BTM find that the Customer is entitled to a full or partial refund due to the complaint, repayment will be made as soon as possible.
6. LIMITATION OF LIABILITY AND DISCLAIMER
- Even if BTM aims to deliver the highest quality in its Products, the Products are provided “as is” and BTM disclaims all representations and warranties, implied or express, with regard to the Products.
- BTM can also not be made responsible for any actions or services performed by any third party providers that may negatively impair the Customer’s experience of the Products. BTM does not assess the suitability, legality or ability of any third party providers and the Customer expressly waive and release BTM from all liability, claims or damages arising from, or that are in any way related to any third party providers. BTM will not be a party to disputes or negotiations between the Customer and such third party providers.
- Further to the above, BTM shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including personal injury, lost profits, or property damage related to, in connection with, or otherwise resulting from the purchase or the use of the Products.
- BTM shall neither be liable for failure in performance or delay resulting from circumstances beyond BTM's reasonable control.
- In no event shall BTM's total liability to the Customer in connection with an Order exceed the obligation of repayment of already paid purchase prices for such Order.
- The limitations and disclaimer in these Terms do not purport to limit liability or alter the Customer’s rights as a consumer that cannot be excluded under applicable law.
- While BTM endeavors to update and ensure that the information given on the website or in other marketing material is correct, BTM makes no representations, warranties or guarantees, whether express or implied, as to the accuracy, completeness, currency or reliability of any of them.
- BTM disclaims all liability for potential errors in the descriptions, technical specifications and/or illustrations of the Products on the Website.
- BTM also disclaims all liability for potential errors in the stated stock balance and/or delivery time of the Products on the Website.
- BTM is also not responsible for any information on the Website given by third parties.
- BTM cannot guarantee that the displayed colors of the Products on the Website represent the actual colors of the Products, as the color may vary depending on e.g. lighting and color reproduction of different monitors.
- Any claim or request for compensation due to damages in accordance with the Terms must be made to BTM within a reasonable time from the time the damages were discovered or should have been discovered (normally within 30 days).
7. PERSONAL DATA
- BTM processes the Customer’s personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC with supplementary provisions to the EU data protection regulation (jointly referred to as “GDPR”.
8. FORCE MAJEURE
- With the exception of events where a Party has acted with intent or gross negligence, such Party shall be exempt from liability for breach of the Terms and/or sanction as a result of failure to fulfill obligations under the Terms due to circumstance that hinder or significantly impede or delay performance.
- Such a circumstance is, for example, war, terrorist attack, authority regulation, action or omission, labor market conflict (even where the Party does not itself participate in the conflict), blockade, fire, restrictions on energy supply, pandemic, flood or other natural disaster or accident of greater magnitude or other circumstances outside of a Party’s control.
- A Party wishing to invoke such a circumstance shall without delay inform the counterparty in writing of the occurrence of the circumstance and the expected delay of the performance of the obligations under these Terms and the Agreement.
9. INTELLECTUAL PROPERTY RIGHTS
- BTM is the sole owner of all rights, including intellectual property rights to the Products, including but not limited to rights concerning trademarks, trade names, design, text, software, etc., except for certain rights owned by BTM's licensors.
- Nothing in the Terms, the Orders or order confirmations, shall be construed as if any of these rights being wholly or partly transferred to the Customer.
- Any copying, modification, transfer, licensing and/or other use of the BTM's intellectual property is strictly prohibited.
- The Customer understands that the unauthorized use of BTM's intellectual property rights or rights from BTM's licensors constitutes a breach of contract and may constitute a criminal action. BTM has the right to take legal action against the Customer in the event of such unauthorized use of the aforementioned intellectual property rights.
- The Customer agrees that all communication between the Parties, including but not limited to confirmation, reminder, termination, notices and other information in connection with the Products and/or the Terms, shall be sent electronically by email between the Parties or by such other means as BTM specifies on the Websites.
- The Customer undertakes to state the current and valid email address to which the Customer wishes the communication to be sent when making an Order or a complaint/claim.
- The Customer further undertakes to immediately notify BTM of any updates regarding the Customer’s contact information.
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.
12. CHANGE OF THE TERMS
- BTM has the right to amend or make additions to the Terms at any time.
- For each Order, the version of the Terms presented to and approved by the Customer at the time of the Order shall apply.
13. CHANGES IN THE PRODUCTS AND CANCELATION
- BTM is entitled at any time, without prior notice, to change the configuration of the Products, as well as how the Products are provided.
- BTM also has the right to implement updates, develop, improve and modify the Products to such an extent as BTM deems necessary or appropriate. Such changes may result in some of the Products’ functions being changed, terminated or added.
- BTM also has the right to at any time discontinue some or all of the Products in their entirety.
- In the event that BTM takes any of the actions described under section 13.1-13.3 above, BTM shall immediately inform the Customer of such changes and await the Customer’s approval before continuing the handling of the Customer’s Order. If the Customer does not agree to the changes, or if the Ordered Product was discontinued, BTM shall without undue delay repay any made advance payments to the Customer.
- The Customer may not assign or delegate any of his/her rights or obligations under these Terms.
- BTM always has the right to assign its rights and obligations regarding the Products and these Terms to such third party that procures BTM's business.
- If BTM fails to insist that the Customer performs any of his/her obligations under these Terms, or if BTM does not enforce its rights against the Customer, or delay in doing so, that will not mean that BTM has waived its rights against the Customer and does not imply that the Customer do not have to comply with those obligations. If BTM does waive a default by the Customer, it will only be made in writing, and does not imply that any later default by the Customer is thereby automatically waived.
15. STATUTORY CONSUMER RIGHTS
- All Customers within the EU, Norway, UK, Switzerland & 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, PayPal 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.
16. APPLICABLE LAW AND DISPUTES
- German law shall apply to the Terms and the Products.
- Disputes arising in connection with the Terms shall, as a starting point, be resolved by amicable agreement between the Parties.
- Failing the above, disputes shall be finally settled by German general court, with the district court of Munich as the first instance, or by such other authority with the statutory competence to handle the dispute.