Black Tea Motorbikes GmbH ("Black Tea Motorbikes") warrants upon purchase of a new, i.e. previously factory-new and previously unregistered Black Tea Motorbikes electric bike ("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 Black Tea Motorbikes electric bike, 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, Black Tea Motorbikes may, at its own discretion, replace defective parts or repair them by workmanship. Black Tea Motorbikes 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 Black Tea Motorbikes.
Under the following conditions, the warranty holder ("You") shall be entitled to have the defect remedied:
The defect must be reported to Black Tea Motorbikes or a service partner in writing immediately after its discovery. If you notify Black Tea Motorbikes, Black Tea Motorbikes will immediately 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 Black Tea Motorbikes, 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 Black Tea Motorbikes.
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 Black Tea Motorbikes.
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 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 2. This also applies if the Black Tea Motorbikes electric bik is replaced by subsequent delivery.
If the vehicle becomes inoperable due to a defect, you are obliged to contact Black Tea Motorbikes 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, e.g. during motor sport competitions or associated practice drives;
parts have been installed in the vehicle whose use has not been approved by Black Tea Motorbikes or the vehicle has been modified in a way not approved by Black Tea Motorbikes;
the vehicle has been improperly repaired, improperly maintained or improperly serviced by yourself or a third party who is not a Black Tea Motorbikes 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.
The present warranty does not limit the statutory rights, in particular the warranty claims against Black Tea Motorbikes and possible claims under the Product Liability Act against Black Tea Motorbikes.
Claims arising from this warranty declaration are not assignable without the consent of Black Tea Motorbikes.