These General Terms and Conditions (GTC) apply to all deliveries by BADX GmbH (hereinafter: X-GRIP or we) to consumers (§ 1 KSchG).
Consumers are individuals or legal entities that are not entrepreneurs within the meaning of the Consumer Protection Act (KSchG). An entrepreneur is someone for whom the business is part of the operation of their company. A company is any permanently organized independent economic activity, even if it is not profit-oriented. Legal persons under public law are always considered entrepreneurs.
Offer and Conclusion of Contract
The presentation of products in the online shop does not constitute a legally binding offer, but an invitation for the customer to place an order. Errors excepted.
The motorcycle brands and models listed in the product names are to be understood as “Suitable for” the respective mentioned brands.
The contract language is German.
By clicking the “Order with payment obligation” button, you submit a binding offer to purchase the goods listed on the order page. You will receive an email confirmation of the receipt of the order (order confirmation) containing the order details. This order confirmation does not constitute acceptance of the offer but is intended to inform the customer that the order has been received by us.
A purchase contract with us for physical products is concluded when we accept the customer’s offer by dispatching the ordered product to the customer or confirming the shipment to the customer with a second email (shipping confirmation).
We are entitled to make partial deliveries and partial invoices at any time, provided these are reasonable for the customer. In the case of partial deliveries, we bear additional shipping costs. In the event of delivery delays, the customer will be promptly informed.
Prices and Shipping Costs
The prices stated on the product pages are gross sales prices and include the statutory value-added tax and other price components.
In addition to the specified product prices, shipping costs will be added. For more information on shipping costs, please refer to the Shipping and Payment page.
Delivery, Default of Acceptance
Delivery is only made to customers who have their residence or habitual residence in the EU, Switzerland, or Liechtenstein.
The delivery time for available products is up to five days. Any deviating delivery times will be indicated on the respective product page. For non-stocked products, the delivery time can be up to 14 days.
If the customer does not accept the goods as agreed (default of acceptance), we are entitled to either store the goods with us, for which we will charge a storage fee of 0.1% of the gross invoice amount per calendar day commenced, or store them with a authorized merchant at the customer’s expense and risk. At the same time, we are entitled to insist on fulfillment of the contract or, after setting a reasonable grace period, to withdraw from the contract and dispose of the goods elsewhere.
Payment Terms, Default Interest
Unless another payment method is agreed, the customer is obliged to make full payment of the purchase price upon conclusion of the contract. Delivery of the goods will only take place after the amount has been received in our bank account. In case of payment default, statutory default interest applies.
Minor Performance Changes
Reasonable, minor, and objectively justified deviations from our performance and delivery obligations are deemed approved in advance.
Warranty, Inspection, and Notification Obligation
In addition to the statutory warranty period, any existing warranty services are provided in accordance with the provisions of the respective product manufacturer and are described, if available, in the accompanying warranty card. X-GRIP does not offer product warranty; only the statutory warranty period applies.
The provisions regarding statutory warranty apply. The warranty period for the delivery of movable goods is 2 years from the acceptance of the goods.
Compensation
We exclude liability for damages caused by slight negligence, unless they concern damages resulting from the violation of life, body, or health.
For all other damages, including consequential damages, we are only liable in cases of intent or gross negligence.
The provisions on compensation contained in these GTC or otherwise agreed upon also apply if the claim for damages is asserted alongside or instead of a warranty claim.
Transfer of Risk and Transport
The risk of loss and damage to the goods passes to the consumer or a third party designated by them upon handover.
If the consumer has concluded the transport contract themselves without using an option proposed by us, the risk passes upon delivery of the goods to the carrier.
If the customer is in default of acceptance of the goods, the risk of loss and accidental deterioration of the goods passes to the customer at the time of default of acceptance.
Payment
Payment can be made by credit card (VISA, MasterCard), PayPal, Sofort-Überweisung (Klarna), advance payment, or purchase on account (Klarna).
If payment is made by credit card (Mastercard, VISA), the customer’s credit card account will only be charged after manual verification of the order by one of our employees. After successful order verification, the credit card account will be charged, and the goods will be shipped.
When selecting the payment method Sofortüberweisung, we will immediately dispatch items in stock after confirming the transfer.
When choosing the payment method invoice, we will promptly dispatch items in stock. Payment is made according to the invoice enclosed with the delivery.
Retention of Title and Enforcement
All goods and items are delivered by us with retention of title and remain our property until full payment has been made.
It is agreed that the assertion of the retention of title does not constitute a withdrawal from the contract, unless we expressly declare withdrawal from the contract.
Assignment of Claims
Claims against us may not be assigned without our explicit consent.
Change of Address and Copyright
The customer is obliged to inform us of any changes to their residential or business address as long as the contractual transaction has not been fully completed on both sides. If no notification is made, statements are deemed to have been received even if they are sent to the last known address.
Plans, sketches, or other technical documents, as well as samples, catalogs, brochures, illustrations, and the like, always remain our intellectual property; the customer does not receive any kind of usage or exploitation rights.
Final Provisions
For all disputes arising directly or indirectly from the contract, the customer can choose between the court at their place of residence, habitual residence, place of employment, and the registered office of BADX GmbH.