General Terms and Conditions
General Information for international customers
Due to legal aspects, the general terms and conditions are only available in German. Please make sure that you fully understand the following content!
Terms & Conditions
Scope
These General Terms and Conditions (“GTC”) apply to the business area or online shop of Blackdiamond-Motorcycles GmbH, Balmfluhstrasse 7, 4532 Feldbrunnen, (hereinafter referred to as “Company”). The company owns and operates the platform www.blackdiamond-motorcycles.ch and sells converted motorcycles, road registration documents (DTC reports, declarations of suitability, manufacturer confirmations) as well as corresponding replacement and conversion components.
These GTC apply to the above-mentioned areas as well as the other services which the company provides directly and indirectly to the customer.
Conclusion
The contract is concluded by ordering in the webshop and accepting the terms and conditions.
The contract is also concluded when the customer uses the services offered by the person or purchases or uses products of the company (license).
Prices
Unless otherwise offered, all prices are quoted in Swiss francs (CHF). All prices include any applicable value added tax (VAT). The company is not yet subject to VAT.
The company reserves the right to change prices at any time. The prices valid at the time of conclusion of the contract on the website www.blackdiamond-motorcycles.ch or according to the separate price list of the company apply. In the event of any price reductions for individual products, no refund of the difference is possible. A retroactive application of coupon codes / discounts is excluded. All prices quoted are non-binding at all times. An insistence on a clearly wrong price is completely excluded.
Payment
Payment can be made either via PayPal or in advance (bank transfer, TWINT or cash upon delivery). It is also possible to make credit card payments through our partner Mollie (VISA or MasterCard). If the customer requests a refund via PayPal, the sales commissions will be transferred from PayPal in full to the customer.
Obligations of the company
Provision of services
Unless otherwise agreed, the Company fulfils its obligation by providing the agreed service (delivery of products or completion of motorcycle conversion). The service includes the services that are or were published online at the time of conclusion of the contract.
For all services, the registered office of the company is the place of performance, unless otherwise agreed.
Assistants
The parties have the express right to call in auxiliary persons to carry out their contractual obligations. They must ensure that the assistance person is consulted in compliance with all mandatory statutory provisions and any collective employment agreements.
Modification work on motorcycles
Professional execution of the conversions / duty of care of the conversion
With the purchase of a DTC expert opinion on Blackdiamond-Motorcycles.ch, the customer assures that the respective conversion work will be carried out by expert personnel and carried out exactly in accordance with DTC appraisal. The customer can inform himself at any time and free of charge at the company about any conversion work and work steps. After completing the purchase, a separate document will be sent to the customer by e-mail, which must be read thoroughly. It informs about all guidelines / laws and directives in connection with DTC appraisals and conversion work. If an expert opinion is sold to an intermediary, the latter is obliged to inform the customer accordingly about all provisions. With the signature, the customer confirms that he has understood and taken note of all guidelines / laws and instructions. Prior delivery of the expert opinions is excluded.
By accepting these GTC, the customer also confirms that he has unlimited capacity to act and is of legal age. The customer expressly declares that all information provided is true, up-to-date and in accordance with the rights of third parties, morality and the law.
Duties
The customer is obliged to immediately take all precautions necessary for the provision of the service by the company. The customer must make the arrangements at the agreed place at the agreed time and to the agreed extent. Depending on the circumstances, this includes the provision of suitable information and documents for the company.
Furthermore, the customer is obliged to cooperate comprehensively and promptly. He must hand over to the company all documents required in connection with the provision of services without being asked, completely and correctly in terms of content (vehicle data). The company assumes that the information and documents provided are correct and complete and comply with the statutory obligations to cooperate and provide information. The company is only responsible for checking the correctness and correctness of information, documents and figures of the customer if this has been agreed in writing in advance.
Other obligations
The customer is fully responsible for the secure storage of his access data and passwords. The customer is responsible for the content of the collected data and information.
The Company is entitled to control the behavior of Customers in connection with the use of the Internet Platform. In particular, the Company is entitled to check the legality of content recorded by the customer on the online platform at any time.
Exhaust system BMW R-Series
The exhaust system BDM Shorty is entered via conformity assessment (CH report or DTC report) of a corresponding reduction in performance in the vehicle registration document of the respective motorcycle. Before purchasing, the customer confirms to have read the corresponding blog post “Does an exhaust really bring more power? “, in which the characteristics of accessory exhaust systems and the corresponding power reduction (see BDM Shorty) are discussed. Due to the very short design of the exhaust system and noise-absorbing measures such as the DB killer, the performance of the vehicle is reduced. This fact is unavoidable and is also the case with comparable products. With each delivery of the exhaust system, a corresponding document for engine tuning is supplied, with which the air/fuel ratio can be ideally matched. A loss of performance due to the clean tuning is therefore only rarely perceived by the customers. If the exhaust system is modified, operated without DB-Killer or otherwise adapted (eg increase in number of holes in DB-Killer, removal of catalytic converters, etc.), the road approval and thus the conformity assessment of the vehicle expires! A return by customers due to non-acceptance of the reduction in performance is completely excluded.
Resignation
A withdrawal from the purchase contract is no longer possible after the conclusion of the purchase.
Ownership
The ownership of the products remains with the company until full payment of the purchase price. Until then, the customer may not dispose of the products, in particular neither sell nor rent or pledge.
Warranty (PrHG)
Any warranty by the company for all conversion work (adjustments) and assembly of the components is completely excluded by “Umbauer”, Mike Roth, mentioned by name on the DTC report. The liability for the work carried out lies with the company that carried out the work (stamp on the right side of the DTC report).
In addition, the Company cannot guarantee the uninterrupted and trouble-free functioning of www.blackdiamond-motorcycles.ch and the services offered, nor can it guarantee that the files are virus-free. The company does not guarantee the factual and content-related correctness, completeness and reliability or quality of the published or transmitted information and documents. It also cannot guarantee non-spamming, malicious software, spyware, hackers or phishing attacks, etc. which impair the use of the service, damage the customer’s infrastructure (e.g. end devices, PC) or otherwise damage him. The Company cannot guarantee the factual and content-related correctness, completeness and reliability or quality of the information and processes provided, published or transmitted as well as the work result of the services. Any problem or defect must be reported to the company immediately.
The Company warrants that the Products are free from defects in materials and workmanship.
Any defect must be reported to the company immediately. It is up to the Company to decide whether to repair or replace the defective product. Only if a replacement or repair is not possible, the customer is entitled to a reduction or refund of the purchase price. The claim for reimbursement of costs for third-party repairs is excluded. During the period of repair, the customer is not entitled to a replacement product. The warranty begins to run again for the repaired element, for the remaining elements of the product the original warranty period continues.
Liability
Liability for any indirect damage and consequential damage caused by a defect is excluded in full.
Liability for direct damages is limited to the sum of the service, product or license purchased by the customer. This limitation of liability does not apply to direct damages caused by gross negligence or intent.
The customer is obliged to report any damage to the company immediately.
Any liability for auxiliary persons is excluded in full.
Intellectual property rights
All rights to the products, services and any trademarks belong to the company or it is entitled to use them by the owner.
Neither these GTC nor the associated individual agreements deal with the transfer of intellectual property rights, unless this is explicitly mentioned.
In addition, any further use, publication and making available of information, images, texts or anything else received by the customer in connection with these provisions is prohibited, unless explicitly approved by the company.
If the customer uses content, texts or pictorial material in connection with the company to which third parties have a property right, the customer must ensure that no industrial property rights of third parties are infringed.
Privacy
The Company may process and use the data recorded in the context of the conclusion of the contract to fulfil the obligations arising from the contract. The company takes the measures necessary to secure the data in accordance with the legal regulations. The customer fully agrees to the storage and contractual use of his data by the company and is aware that the company is obliged and entitled to disclose information from the customer to them or third parties by order of courts or authorities. If the customer has not expressly prohibited it, the company may use the data for marketing purposes and pass it on to its partners for advertising purposes. The data necessary for the performance of services may also be passed on to commissioned service partners or other third parties.
Furthermore, the data protection regulations apply.
Changes
These Terms and Conditions may be amended by the Company at any time.
The new version will enter into force upon publication on the Blackdiamond-Motorcycles.ch website.
For the customers, the version of the GTC which is in force at the time of conclusion of the contract applies. Unless the customer has agreed to a newer version of the GTC.
Priority
These GTC take precedence over all older provisions and contracts. Only provisions from individual contracts which specify the provisions of these GTC take precedence over these GTC.
Severability clause
Should any provision of this contract or a supplement to this contract be or become invalid, this shall not affect the validity of the remainder of the contract. The contracting parties shall replace the invalid provision with a valid provision that comes as close as possible to the intended economic purpose of the invalid provision. The same applies to any gaps in the contract.
Confidentiality
Both parties, as well as their auxiliary persons, undertake to treat all information submitted or appropriated in connection with the services confidentially. This obligation shall remain in force even after termination of the contract.
Force majeure
If the timely performance by the Company, its suppliers or third parties involved as a result of force majeure such as natural disasters, earthquakes, volcanic eruptions, avalanches, storms, storms, wars, epidemics, pandemics (e.g. corona virus), riots, civil wars, revolutions and riots, terrorism, sabotage, strikes, nuclear accidents or If reactor damage is impossible, the company shall be released from fulfilling the affected obligations during the period of force majeure and a reasonable start-up period after its end. If the force majeure lasts longer than 30 days, the Company may withdraw from the contract. The Company shall reimburse the Customer in full for any remuneration already paid.
Any further claims, in particular claims for damages as a result of vis major, are excluded.
Applicable law / place of jurisdiction
These GTC are subject to Swiss law. Insofar as no mandatory statutory provisions take precedence, the court at the registered office of the company shall have jurisdiction. The United Nations Convention on Contracts for the International Sale of Products (SR 0.221.221.1) is explicitly excluded.
Date Terms & Conditions
This version of the Terms and Conditions was published on the website on 07.03.2021 and is effective immediately without notice.
