1. Validity of General Terms and Conditions (GTC)
1.1 Unless expressly agreed otherwise, our General Terms and Conditions—made known to the contract partner and accepted by them prior to ordering by checking the box “I have read and accepted the GTC”—shall apply. These contractual provisions thereby become an integral part of this contract.
1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity.
2. Prices
2.1 The prices listed in the webshop at the time of the order apply. Unless expressly stated otherwise, all prices quoted by us are exclusive of VAT (sales tax). In the event of billing, the statutory VAT will be added to these prices. The goods remain our property until full payment of the purchase price. We assume no liability for pricing errors.
2.2 Prices are calculated to the best of our professional knowledge; however, no guarantee can be given for their correctness. Should cost increases exceeding 15% occur after the order has been placed, we will notify the contract partner immediately. In the case of unavoidable cost overruns of up to 15%, a separate notification is not required, and these costs may be invoiced without further notice.
3. Conclusion of Contract
3.1 The presentation of products in the online shop does not constitute a legally binding offer, but rather an invitation to the customer to place an order. Errors and omissions excepted.
3.2 The customer can submit the offer via the online order form integrated into the seller’s online shop. By clicking the “Buy now” button after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contract offer regarding the goods contained in the shopping cart. Furthermore, the customer may also submit the offer to the seller by telephone or via e-mail.
3.3 Order processing and contact usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by them for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3.4 The purchase contract is stored by us but is not accessible to the customer via our web shop. If the customer wishes to print the stored contract text after their order, they can request it by quoting the order number at buchhaltung@goose-racing.at
4. Right of Withdrawal
4.1 Consumers are generally entitled to a right of withdrawal.
4.2 You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.
4.3 To exercise your right of withdrawal, you must inform us,
Goose Racing,
Kühberg 28a,
AT-8411 Kühberg
Email: buchhaltung@goose-racing.at
by means of a clear declaration (e.g., a letter sent by post or an e-mail) of your decision to withdraw from this contract. To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
5. Terms of Payment
5.1 The buyer undertakes to pay the purchase price in full upon conclusion of the contract.
5.2 Unless otherwise agreed, the purchase price is payable immediately upon ordering, without any deduction and free of charges.
5.3 The payment option(s) will be communicated to the customer in the seller’s online shop.
5.4 If a payment method offered by PayPal is selected, the payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, viewable at https://www.paypal.com/de/webapps/mpp/ua/useragreement-fulloder – or—if the customer does not have a PayPal account—subject to the conditions for payments without a PayPal account, viewable at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by means of a payment method offered by PayPal which can be selected in the online ordering process, the seller declares acceptance of the customer’s offer at the time the customer clicks the button which completes the ordering process.
6. Dunning and Collection Costs
6.1 In the event of default in payment, the contract partner is obliged, irrespective of fault and in accordance with § 458 UGB, to pay a lump sum of 40 EUR as compensation for operating costs incurred by us. In the event of the involvement of a debt collection agency, the contract partner further undertakes to reimburse us for the costs incurred thereby, insofar as these do not exceed the maximum rates of remuneration due to debt collection agencies according to the regulation of the BMWA (Federal Ministry of Economics and Labour).
7. Transport and Risk Transfer
7.1 A transport fee applies to every order.
7.2 The buyer bears the costs of transport. The risk of transport passes to the buyer as soon as the goods are delivered to them or to a third party designated by them who is not the carrier. If the buyer has concluded the contract of carriage themselves without using a selection option offered by us, the risk passes upon handover of the goods to the carrier or the buyer.
7.3 Should export or import duties become due in the course of shipping, these shall also be borne by the purchaser. Billing is carried out in Euros.
8. Retention of Title
8.1 The goods remain our property until full payment of the purchase price and all costs and expenses. Resale is only permitted if we have been notified of this in good time beforehand, stating the name or company and the exact business address of the buyer, and if we agree to the sale. In the event of our consent, the purchase price claim shall be deemed assigned to us, and we are authorized to notify the third-party debtor of this assignment at any time.
8.2 In the event of default, we are entitled to assert our rights under the retention of title. 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.
9. Delivery Conditions
9.1 Delivery is made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. For the processing of the transaction, the delivery address specified in the seller’s order processing is decisive.
9.2 If a buyer does not accept the sold goods, we are entitled to demand the incurred shipping costs plus 30% of the purchase price as a lump-sum compensation for damages and expenses. For the duration of the buyer’s default of acceptance, we are further entitled to store the delivery items at the buyer’s risk at our own premises, at a freight forwarder, or at a warehouse keeper. During the duration of the default of acceptance, the buyer must pay the seller a lump sum of 1.90 Euro per day for the incurred storage costs, without further proof. The lump-sum compensation is reduced to the extent that the customer proves that expenses or damages have not been incurred.
9.3 The delivery times listed in the online shop and in the order confirmation are to be understood as estimated delivery times, unless explicitly agreed as a fixed date. The buyer must accept minor delivery deadline overruns in any case, without being entitled to a claim for damages or a right of withdrawal.
9.4 Should a delay in delivery occur, the customer will be informed immediately. In such a case, the customer has the right to set us a reasonable grace period of 14 days in writing and to withdraw from the contract after this period has expired without result.
9.5 Objectively justified and minor changes that do not affect the price may be made by us. This applies in particular to such delivery deadline overruns. If the actual deadline overrun is foreseeable, we will announce how long a delay is to be expected, at the latest one week before the originally agreed delivery date.
9.6 In cases of force majeure and other unforeseeable, extraordinary circumstances for which we are not responsible, such as material procurement difficulties, strikes, pandemics, and natural disasters, the delivery time shall be extended by the duration of the hindrance plus a reasonable start-up period. This also applies if these circumstances occur at our suppliers. Claims for damages are excluded in these cases.
10. Warranty and Guarantee
10.1 The statutory warranty provisions according to Austrian law apply.
10.2 No guarantees and no voluntary manufacturer warranties are granted on the vehicle. Goodwill services are exclusively at the discretion of the manufacturer or seller and do not establish a legal claim.
10.3 The warranty assumes that the vehicle is maintained and used properly and in accordance with the manufacturer’s specifications. Defects or damages attributable to non-observance of the maintenance, care, and service intervals prescribed in the user manual are excluded from the warranty.
11. Competition Vehicles
11.1 The vehicles offered here are pure competition and off-road motorcycles. They are not approved for public road traffic, do not comply with the valid StVZO (Road Traffic Licensing Regulations)/ECE regulations, and may be operated exclusively on closed race tracks or private grounds.
11.2 The buyer confirms that the motorcycle was developed by design for the following operating conditions: racing, off-road, competition. Wear and tear, material fatigue, and damage can occur significantly faster than with standard road vehicles. This does not constitute a defect and does not justify any claims.
11.3 The vehicle possesses no street legal approval and is not intended for use in public traffic. Operation on public roads takes place at the buyer’s own responsibility and is prohibited by law.
11.4 The vehicle may possess high-revving, high-performance components ex-works or installed by the buyer. Any modifications (mapping, carburetor, exhaust, engine or chassis modifications) are done at one’s own risk and can significantly shorten the service life. Damages derived from this are completely excluded from warranty/guarantee.
11.5 The operation of a competition or off-road motorcycle entails increased risks. The buyer rides at their own risk and indemnifies the seller as well as the manufacturer from any liability for personal injury, property damage, or consequential damage, to the extent legally permissible.
12. Liability
12.1 Liability for damages, regardless of the legal ground (especially in the case of default or defects), is limited to the foreseeable damage typical for the contract.
12.2 The seller assumes no liability for the currency, correctness, completeness, and content of the information provided.
13. Severability Clause
Should a provision in these General Terms and Conditions be or become invalid, the validity of the other provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that comes closest economically and legally to the provision to be replaced.
14. Place of Jurisdiction
The exclusive place of jurisdiction for all disputes arising from this contract is the court with subject-matter jurisdiction at the seller’s registered office. However, the seller is also entitled to file suit at the court with subject-matter jurisdiction at the customer’s registered office. This applies only insofar as no mandatory statutory provisions conflict with it. The place of performance is the seller’s registered office.
15. Alternative Dispute Resolution
15.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: http://ec.europa.eu/consumers/
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
15.2 The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.