Terms and Conditions

General Terms and Conditions of Business (GTC)

of the OTR-Performance GmbH, hereinafter OTR

Last updated: 01.02.2019

§ 1 General

1. The following General Terms and Conditions of Business apply to all business relationships between OTR-Performance GmbH (hereafter referred to as OTR)  and the customer. The version current at the time of the conclusion of the contract is definitive.
2. Customers within the meaning of these General Terms and Conditions of Business are exclusively consumers.
3. Divergent, conflicting or supplementary General Terms and Conditions of Business shall not be considered part of the contract, even if already known, unless their applicability has been expressly agreed in writing.

§ 2 Conclusion of the Contract

1. The Conditions for our goods are subject to change without notice and without obligation. Our presentation of goods in the Internet does not constitute an offer, but is a non-binding invitation to customers to place an order. Technical and other modification in form, colour or weight remain reserved within reasonable bounds.
   
   
2. An on-line order of the customer is only an offer towards OTR for conclusion of a purchase contract. The confirmation of receipt of an order by e-mail does not constitute acceptance of the order, but only informs the customer that his order has been received by OTR. Receipt of a telephone order does not constitute a binding acceptance by OTR. The purchase contract is only legally binding when an order confirmation is sent, but at the latest upon delivery / receipt of the goods. 
   
   
3. OTR is free to not accept on-line orders. OTR is entitled to accept within two weeks the contractual offer, which consists of the order. In the case of goods ordered by electronic means OTR is entitled to accept the order within three working days from receipt of the order by OTR.
   
   
4. OTR is entitled to reduce the order to a household quantity.
   
   
5. The contract is concluded under reservation of proper and correct delivery by our suppliers to us, if not, we are free to refuse contract performance in whole or partly. This shall only apply in case the failure to supply is not attributable to OTR.
   
   
6. In the event of non-availability or of only partial availability of the goods the customer shall be notified without delay. The consideration shall be refunded without delay.
   
   
7. The language of the contract is German.

§ 3 Delivery

1. All goods dispatched from OTR warehouse at Hugo-Junkers-Str. 52-54, 50739 Köln, Germany, unless otherwise stated.
   
   
2. EU Delivery:
   Any date or period for delivery shall be considered as indicative only, although it is our policy to try to despatch all orders within 10 working days. Any products not available at the time of your order will be sent to you, as soon as possible, when received from the manufacturer. OTR cannot be held responsible for delays in the delivery caused by the manufacturer, or any other third party. Orders will be shipped via Deutsche Post (DHL) or DHL Express dependent on customer selection. Most packages arrive within 3-14 business days. OTR-Performance GmbH have the right to fluctuate prices in proportion with their costs.
   Deliveries to EU customers in EU countries should incur no extra duties, taxes or charges at delivery. If any extra charges are made by delivery agent, contact OTR for clarification.
   
   
3. Non-EU Delivery:
   As above (3.2) except where parcels are to be shipped overseas, the method of shipping will be Deutsche Post (DHL) Parcel International, DHL Warenpost International Premium or DHL Worldwide Express dependent on customer selection.
   Any duties, taxes or charges made by 3rd parties once goods have left OTR premises are the sole responsibility of the customer. When the customer tick the box for our Terms and Conditions this means that he has fully understand and agree to pay these charges.
   These local charges, like e.g. VAT or GST and / or duty charged at the customers country's rate, on the goods, the shipping and the customs clearing charge.
   
   
4. Should a customer refuse to sign for a delivery due to refusal to pay these charges or due to any other reason which we are not responsible for and the goods are returned to OTR-Performance, OTR-Performance will reclaim all shipping and admin costs incurred from the customer before any refunds are considered. The reclaimed shipping costs will include the shipping costs to the recipient country (even if not charged in the webshop) and return shipping costs to OTR warehouse in Germany.
   
   
5. PASSING OF RISK In the event of an order being lost by a third party, OTR bears no risk once it has left their trading premises. Where goods have been received damaged, a refund/exchange application will only be acknowledged if the goods are returned together with their original packaging within 14 days of order to OTR trading address. 
   Where the goods are signed for, if a customer believes that a parcel has been tampered with, it is their responsibility to refuse to sign for the goods. 
   In the event of either of the above, OTR will supply the customer with full details to allow a claim to be lodged with the courier. 
   To initiate a product return please follow the instructions listed in §10.
   This is not a guarantee and OTR have the right to refuse any application. Any refund/exchange given is at the discretion of the management of OTR. Failure to give accurate information while making a claim may lead to a prosecution from the carrier.
   
   
6. The customer is responsible for providing an address where proper delivery can be made. Depending on the country, a fee may be charged for a new (second) delivery. Please note that for international orders the delivery address cannot be changed later. Should a return be necessary due to an incorrect address, we reserve the right to charge the return costs to the customer.
   
   
7. In the unlikely event of package loss, the customer warrants to provide all documents requested by DHL to clarify the whereabouts of the shipment. This may also be an affidavit regarding the whereabouts of a shipment. If the customer refuses to cooperate in the event of a lost package, this may result in exclusion from liability.

§ 4 Pricing

1. All prices are in Euros, and when the goods sold remain within the EU, the price includes the statutory Value Added Tax. In the case of sale by delivery to a place other than the place of performance there is an additional charge for shipping costs in accordance with § 5 of the General Terms and Conditions of Business.
   
   
2. Payment will be at the discretion of the customer in advance, direct debit, via credit card, PayPal or by cash on delivery. OTR reserves the right to exclude certain types of payment. Deliveries abroad may be paid by payment in advance, PayPal or credit card. The credit card is charged on the date of order.
   
   
3. There is minimum order value of 15,00€.
   
   
4. Customers, who export the goods outside the EU, may be refunded the Value Added Tax. For this purpose the customer must submit the original copy of an export certificate, stamped by Customs and Excise in due and proper form. In the event of reimbursement to a foreign bank account, all transfer costs incurred shall be paid by the customer.

§ 5 Shipping costs

1. The customer shall bear the costs of despatch from the location of the branch office of OTR.
   
   
2. Shipping costs can be found under: https://www.off-the-road.de/en/shipping-information
   
   
3. In the case of despatch by cash on delivery, there is a cash on delivery charge of € 2.00. The customer shall bear the costs of despatch from the location of the branch office of OTR.
   
   
4. Any duties, taxes or charges made by 3rd parties once goods have left OTR premises are not included in the paid shipping costs.

§ 6 Warranty

1. Consumers have the choice as to whether supplementary performance is performed by remedy or replacement. OTR is entitled to refuse the selected method of supplementary performance, if is it possible only with disproportionate costs and the other method of supplementary performance remains without significant disadvantage for the consumer. In the case of companies OTR offers a guarantee for defects in the goods in the first instance at their discretion by supplementary performance or replacement.
   
   
2. If supplementary performance fails, the customer generally may at its discretion demand abatement of the price (reduction) or rescission of the contract (withdrawal) as well as compensation for damages. In the case of only minor defects the customer has no right of withdrawal. If the customer chooses compensation for damages, the limitations on liability according to § 10 of the GTC are applicable.
   
   
3. Consumers must notify OTR in writing of obvious defects within two weeks of receipt; otherwise enforcement of guarantee claims is excluded. Merchants must inspect the goods without delay with respect to variance in quality and quantity and must notify OTR of visible defects within a period of one week from receipt of the goods, otherwise enforcement of claims under the guarantee is excluded. Hidden defects must be notified to OTR within a period of one week from the discovery of the defect. Timely despatch is sufficient to meet the deadline. The merchant bears the full burden of proof for all conditions of entitlement, in particular for the defect itself, for the date on which the defect was identified and for the notice of defect in time.
   
   
4. For consumers the guaranty period is two years from delivery of the goods. For merchants the warranty period is one year from delivery of the goods.
   
   
5. OTR gives no warrantees in the legal sense. Manufacturer's warrantees remain hereby unaffected.
   
   
6. Racing parts which are excluded from use on public roads (e.g. Yamaha GYTR components) only have a limited warranty of 30 days.
   
   
7. Information on any deviating warranties and their conditions can be found with the product and on special information pages in the online shop.

§ 7 Return Rights for unused Goods

1. OTR grants the customer independently of and in addition to the right of ­revocation arising from § 8 and § 9 the right to return goods within 14 days of delivery of the goods. This right to return only exists for goods not been taken into use. As far as the customer only has executed a "check on properties, condition and the mode of operation of the goods" in accordance with § 6 and § 7, this shall not be deemed taking the goods into use.
   
   
2. Should a customer refuse to sign for a delivery due to refusal to pay TAX / VAT charges as stated in § 3.2 and the goods are returned to OTR, OTR will reclaim all shipping and admin costs incurred from the customer before any refunds are considered. The reclaimed shipping costs will include the shipping costs to the recipient country (even if not charged in the webshop) and return shipping costs to OTR warehouse in Germany.
   
   
3. The return of electronic components is generally excluded. 

 
§ 8 Return of goods with deposit or in exchange

1. OTR offers parts with either a deposit or as an exchange for the used part. Price of parts with deposit is including the deposit unless therwise stated.  The deposit has to be paid in addition to the normal sales price. It is in the customers opinion to return the used part or to keed it. You have to sent the used parts inbetween 14 days after purchase.
   
   
2. Costs for returning used parts have to be paid by the customer. Also you can ask for a prepaid return label. The costs for this label are deducted from the deposit. Return costs may vary depending on the country and weight / size of the returned goods.
   
   
3. Conditions of the returned part: Customer have to return exact the same parts are OTR has sold. No variation of the used parts are allowed. It is not allowed to return damaged, rusted or incomplete parts. The part sent in for exchange must be the same like the oem part, only in used condition. The used parts has to be in reusable condition, undamaged without a functional deficiency. The returned part may may show normal traces of use. We reserve the right to reduce the deposit.

§ 10 Limitation of liability

In cases of slight negligent breaches of duty, liability of OTR and their vicarious agents is limited to foreseeable, direct average damage, typical for this type of contract.

There is no liability of OTR and its vicarious agents for slight negligent breach of duties, not essential to the contract and not jeopardising the implementation of the contract.

The foregoing limitations on liability do not affect claims of the customer arising from product liability or warranty. Furthermore, the limitations on liability do not apply in the case of injury to the person or health of the customer or the loss of life of the customer.

§ 11 Retention of title

1. Until payment has been received in full from the customer the goods supplied remain the property of OTR.
   
   
2. The customer shall be obliged to handle the goods with care during the existence of the retention of title. If servicing and inspection work is necessary, the customer must routinely perform these at his own cost. The customer must notify theOTR  in writing without delay of any access by third parties to the goods, in particular actions of judicial execution, and of any damage to or destruction of the goods. A change of ownership in the goods and a change of address by the customer must be immediately notified by the customer. The Customer shall reimburse the Supplier for all damages and costs, which may arise due to an infringement of this duty or due to any necessary procedures of intervention against access by third parties.
   
   
3. OTR is entitled in the case of conduct contrary to the contract by the customer, in particular in the case of delay of payment, to withdraw from the contract and to reclaim the goods. In addition OTR  is entitled in the case of breach of a duty in accordance with paragraph 2 of the contract to withdraw from the contract and reclaim the goods, if it is no longer reasonable to adhere to the contract.

§12 Court of Jurisdiction and Applicable Law

1. Applicable law is the law of the Federal Republic of Germany. For consumers, who have not concluded the contract for professional or commercial purposes, this choice of applicable law applies only insofar as the protection granted by mandatory provisions of the law of the state, in which the consumer has his habitual place of residence, has not been withdrawn. The provisions of the United Nations Convention on Contracts for the International Sale of Goods are excluded.
   
   
2. If the customer is a merchant, a legal entity under public law or a special fund under public law, the sole Court of jurisdiction for all disputes arising from this contract is the registered office of OTR. The same shall apply, if the customer has no general Court of jurisdiction in Germany or his domicile or normal place of residence is not known on the date on which the action is brought.
3. Should provisions of the contract with the customer, including these General Terms and Conditions of Business, be or become invalid in whole or in part, the validity of the remaining provisions shall not be affected thereby.