General Terms and Conditions Arider

Preamble

Arider, owner Marius Klein, Ketellerstraße 5 – 11, Pavillion 12, 97222 Rimpar (hereinafter referred to as “Arider”), offers decals for motorcycles (supermotos, naked bikes, enduro and cross bikes) at https://arider.com/ in the form of an online store. The shop offers both prefabricated decals and, in some cases, customizable and fully personalizable motorcycle decal kits. It is also possible to configure and purchase custom-made seat covers in different colors.

§ 1 General, scope of application and amendments

(1) The following terms and conditions conclusively govern the contractual relationship between Arider and the respective Customer and apply exclusively, i.e. any terms and conditions of the Customer that conflict with or deviate from these terms and conditions shall not be recognized unless Arider has expressly agreed to them in individual cases.

(2) they apply to both consumers and entrepreneurs. A consumer within the meaning of these GTC is any natural person who places an order for purposes that cannot be attributed primarily to their commercial or independent professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity that is acting in the exercise of its commercial or independent professional activity when placing an order.

(3) Arider reserves the right to change the General Terms and Conditions at any time without giving reasons. Arider will notify the Customer of any changes to the General Terms and Conditions at least two weeks before they come into effect and will send them to the Customer. If the Customer does not agree to the amended General Terms and Conditions within two weeks of receipt of the notification of amendment, Arider is entitled to terminate the contractual relationship concerned at the point in time at which the amended General Terms and Conditions are to come into force or to continue it under the previous conditions.

(4) Amendments and additions to the contract and these General Terms and Conditions must always be made in text form as a minimum. This also applies to amendments to this provision.

(5) In the event of conflicts within the contractual relationship between the parties, the following order of precedence shall apply:
a) individual agreements
b) these General Terms and Conditions
c) the statutory provisions.

§ 2 Execution of the purchase contract, scope of services, place of performance

1. the subject of the respective contract is the sale of goods by the seller to the customer.

2. the Customer can place an order for prefabricated and configurable decors and bench covers via the Seller’s website (offer). After adding the desired items to the shopping cart, entering the customer data and selecting the payment method, this offer is accepted by the customer by clicking the “Buy” button. The customer then receives an order confirmation in which the content of the contract is
is listed once again.

3. the text of the contract and the General Terms and Conditions will be sent to the customer by e-mail after the order has been placed. In addition, customers who have created a customer account can access their respective orders via the customer account at any time after conclusion of the contract.

4. the Customer can also have fully personalized decors made by Arider. This requires a request by the Customer using the form provided for this purpose, stating the relevant information about the motorcycle. After a positive response to this request by Arider (offer), the Customer must make a down payment (acceptance). Arider will then begin production of the personalized decal.

5. the contract shall be concluded exclusively in German. German law shall apply if the Customer is a merchant.

6. all prices are to be understood as gross euro prices.

7. payment of the purchase price is due immediately upon conclusion of the contract. The customer has the
to choose between different payment methods.

8. the seller is entitled to withdraw from the contract if, despite the prior conclusion of a corresponding. The seller is entitled to withdraw from the contract if he does not receive the object of performance despite the prior conclusion of a corresponding purchase contract; the seller’s liability for intent or negligence remains unaffected. In this case, the Seller shall immediately inform the Buyer of the non-availability and immediately refund any consideration already paid. In this case, the seller reserves the right to offer goods of an equivalent price and quality with the aim of concluding a new contract for the purchase of goods of the same price and quality.

9. the customer shall inspect the ordered goods immediately after delivery, insofar as it is a mutual commercial transaction within the meaning of the German Commercial Code. This applies in particular with regard to the completeness of the goods and their respective functionality. The seller must be notified immediately of any defects that are discovered or are readily identifiable. A detailed description of the defect must be enclosed. If the Buyer fails to notify the Seller, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection.

10. defects in the goods which cannot be detected during the proper inspection in accordance with paragraph 9 must be notified to the seller immediately after their discovery, insofar as it is a mutual commercial transaction; otherwise the goods shall be deemed to have been approved even in view of this defect.

§ 3 Obligations of the customer

(1) The Customer’s obligations arise from the individual agreements and/or these Terms and Conditions.

(2) The parties shall work together in a spirit of trust. If a contracting party recognizes that information and requirements, whether its own or those of the other contracting party, are incorrect, incomplete, ambiguous or impracticable, it must immediately inform the other party of this and the consequences it recognizes. The parties shall then look for a solution that is in line with their interests and endeavor to achieve this, if necessary in accordance with the provisions on changes to services. The customer’s obligations to cooperate are generally set out in the respective offer and these terms and conditions. The list of obligations mentioned is not exhaustive. In particular, the customer shall provide the following services free of charge:

a) The customer is obliged to provide their data completely and truthfully when concluding the contract. At the beginning of the services, it shall provide all required or requested data, content and other information completely and truthfully. Should there be any changes, these must be communicated to Arider immediately.

b) The Customer is obliged to use the services provided by Arider only for the contractually agreed purposes and to comply with applicable law.

c) The Customer is obliged to check the legal admissibility of the commissioned services itself. This applies in particular in the event that the services of Arider
violate competition law, copyright law, trademark law, youth protection law, data protection law or other legal regulations.

d) The Customer is fully responsible for all activities that take place via their customer account and for maintaining the confidentiality of their login data and password.

e) In the event that copyright-relevant works are uploaded, the Customer grants Arider a simple right of use, limited in terms of space, time and content, for the intended use.

f) The Customer is obliged to ensure that the data, images, texts and other content provided to Arider for the contractually agreed services to be provided by Arider do not violate legal regulations and/or the rights of third parties. The Customer indemnifies Arider against any liability in relation to the breach of these obligations. Any recourse claims by the Customer are excluded. Arider is not obliged to check the Customer’s content for possible legal violations.

§ 4 Warranty and liability

1. the Customer is entitled to statutory warranty rights for any defects, unless otherwise stipulated in these GTC. For consumers, the warranty rights are not limited by these GTC.

2. if the customer is an entrepreneur, the warranty period for the rights under § 437 No. 1 and No. 3 BGB for new articles shall be one year from the statutory commencement of the limitation period, in deviation from § 438 para. 1 No. 3 BGB. For consumers, the statutory warranty period of two years applies in the case of § 438 Para. 1 No. 3 BGB.

3. the claims according to § 634 No. 1, 2 and 4 BGB shall become statute-barred after one year for works. For consumers, the statutory warranty period of two years applies in accordance with Section 634a (1) No. 1 BGB. The limitation period begins at the time of acceptance.

4. the seller shall not be liable for damages caused by slight negligence.

5. the limitations of liability according to the preceding numbers 2, 3 and 4 shall not apply to damages resulting from injury to life, body or health, fraudulent concealment of defects, claims under the Product Liability Act, in the event of intent and gross negligence and in the event of breach of obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer may regularly rely.
compliance with which the customer may regularly rely.

§ 5 Retention of title, transfer of risk

1. the delivered goods remain the property of the seller until full payment has been made.
2. if the Customer is an entrepreneur, the risk shall pass to the entrepreneur upon handover to the transport company in the case of sale by dispatch. In the case of consumers
the risk is only transferred when the goods are handed over to the customer.

§ 6 Default and default costs

1. customers who are not consumers shall be in default if they have not paid within 30 days of the due date.

2. consumers shall also be in default within 30 days of the due date if they are informed of this consequence in the invoice or request for payment.
3. the seller is entitled to charge the customer a flat-rate reminder fee of €2.50 for each reminder. The Customer is permitted to prove that no or only minor damage has been incurred. The assertion of further reminder costs is expressly reserved.

§ 7 Force majeure

Arider is released from its obligation to perform in cases of force majeure. Force majeure includes all unforeseen events as well as events whose effects on the fulfillment of the contract are not the responsibility of either party. Such events include, in particular, lawful industrial action, including in third-party companies, as well as official measures, epidemics and pandemics.

§ 8 Final provisions

1. the contract shall be concluded exclusively in German.
2. these General Terms and Conditions and the contracts concluded with reference to these General Terms and
German law shall apply exclusively to these General Terms and Conditions and to contracts concluded with reference to these General Terms and Conditions,
unless the customer is a consumer. The application of UN sales law is excluded.
3. if the parties are registered traders, the place of jurisdiction for all disputes arising from or in connection with this contract shall be the city of Arider’s registered office.
place of jurisdiction.
4. should any provision of these terms and conditions be invalid, the remaining provisions shall remain unaffected.