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GENERAL TERMS AND CONDITIONS


1. Scope


The following Terms and Conditions apply to all orders placed through our online shop by consumers and entrepreneurs.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.

With regard to entrepreneurs, the following applies: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.


2. Contract Partner, Conclusion of Contract


The purchase contract is concluded with Madatshop.

The presentation of products in the online shop does not constitute a legally binding offer, but a non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained during the ordering process. By clicking the order button, you submit a binding order for the goods contained in the shopping cart. Confirmation of receipt of your order is sent by e-mail immediately after the order has been submitted.


The time at which the contract with us is concluded depends on the payment method selected by you:


Cash on Delivery

We accept your order by sending a declaration of acceptance in a separate e-mail or by delivering the goods within two days.


Advance Payment

We accept your order by sending a declaration of acceptance in a separate e-mail within two days, in which we provide our bank details.


Credit Card

By placing the order, you provide your credit card details and the credit card company carries out an authorization check. After your identification as the legitimate cardholder, the payment transaction is automatically initiated and your credit card is charged when the order is placed. The contract with us is concluded at the time the credit card is charged.


PayPal, PayPal Express

During the ordering process, you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment instruction to PayPal. After placing the order in the shop, we request PayPal to initiate the payment transaction and thereby accept your offer.


PayPal Plus

As part of the PayPal Plus payment service, we offer you various payment methods as PayPal Services. After placing the order, you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment instruction to PayPal. This concludes the contract with us.


Amazon Pay

During the ordering process, you will be redirected to the website of the online provider Amazon before completing the order process in our online shop. There you can select the delivery address and payment method stored with Amazon and confirm the payment instruction to Amazon. You will then be redirected back to our online shop, where you can complete the ordering process. After placing the order, we request Amazon to initiate the payment transaction and thereby accept your offer.


3. Contract Language, Storage of Contract Text


The languages available for the conclusion of the contract are German and English.

We store the contract text and send you the order data and our Terms and Conditions in text form. You can view the contract text in our customer login area.


4. Delivery Conditions


Shipping costs are added to the stated product prices. Further details regarding shipping costs can be found in the respective offers.

We only deliver by shipping. Unfortunately, self-collection of the goods is not possible.


5. Payment


The following payment methods are generally available in our shop:


Advance Payment

If you choose advance payment, we will provide you with our bank details in a separate e-mail and deliver the goods after receipt of payment.


Cash on Delivery

You pay the purchase price directly to the delivery service provider. No additional costs apply.


Credit Card

By placing the order, you provide your credit card details. After your identification as the legitimate cardholder, the payment transaction is automatically carried out and your card is charged.


PayPal, PayPal Express

During the ordering process, you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or first register, identify yourself with your access data and confirm the payment instruction to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal immediately afterwards. Further information is provided during the ordering process.


PayPal Plus

As part of the PayPal Plus payment service, we offer you various payment methods as PayPal Services. You will be redirected to the website of the online provider PayPal. There you can enter your payment details, confirm the use of your data by PayPal and confirm the payment instruction to PayPal.


Amazon Pay

During the ordering process, you will be redirected to the website of the online provider Amazon before completing the order process in our online shop. In order to process the order and pay the invoice amount via Amazon, you must be registered there or first register and identify yourself with your access data. There you can select the delivery address and payment method stored with Amazon, confirm the use of your data by Amazon and confirm the payment instruction to us. You will then be redirected back to our online shop where you can complete the order process. Immediately after placing the order, we request Amazon to initiate the payment transaction. The payment transaction is automatically carried out by Amazon. Further information is provided during the ordering process.


6. Right of Withdrawal


You are entitled to the statutory right of withdrawal as described in the cancellation policy.


7. Retention of Title


The goods remain our property until full payment has been made.

For entrepreneurs, the following additionally applies: We retain ownership of the goods until complete settlement of all claims arising from an ongoing business relationship. You may resell the reserved goods in the ordinary course of business; all claims arising from such resale shall be assigned to us in advance in the amount of the invoice value, irrespective of any connection or mixing of the reserved goods with a new item, and we hereby accept this assignment. You remain authorized to collect the claims; however, we may also collect the claims ourselves if you fail to meet your payment obligations.


8. Transport Damage


For consumers, the following applies: If goods are delivered with obvious transport damage, please report such defects to the delivery company immediately and contact us without delay. Failure to make a complaint or contact us has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, you help us to assert our own claims against the carrier or transport insurance.


9. Warranty and Guarantees


Unless otherwise regulated below, the statutory provisions regarding liability for defects shall apply.


9.1 Statutory Warranty


When consumers purchase used goods, the following applies:


If a defect appears only after one year from delivery of the goods, claims for defects are excluded. Defects occurring within one year from delivery can be asserted within the statutory limitation period of two years from delivery.


For entrepreneurs, the limitation period for defect claims for newly manufactured goods is one year from transfer of risk.


The sale of used goods to entrepreneurs takes place under exclusion of any warranty. The statutory limitation periods for recourse claims pursuant to Section 445a German Civil Code remain unaffected.


For entrepreneurs, only our own product specifications and the manufacturer descriptions included in the contract shall be deemed agreed characteristics of the goods. Public statements, advertising claims or other statements made by the manufacturer or third parties do not constitute agreed characteristics.


If the delivered goods are defective, we shall initially provide warranty to entrepreneurs at our discretion by:


Repair or


Replacement delivery.


9.2 Exclusions of Liability and Statutory Exceptions


The above limitations of liability and reductions of limitation periods do not apply to claims arising from damages:


resulting from injury to life, body or health,


in the event of intentional or grossly negligent breach of duty,


in the event of fraudulent concealment of a defect,


in the event of breach of essential contractual obligations (cardinal obligations),


within the scope of an expressly assumed guarantee,


under the provisions of the Product Liability Act.


9.3 Maintenance and Warranty


Failure to carry out maintenance or improper maintenance does not automatically lead to exclusion of statutory warranty rights.


However, it may be taken into account during assessment if the claimed defect is attributable to missing or improper maintenance.


9.4 Exclusions from Warranty


The following are excluded from warranty in particular:


Damage resulting from normal wear and tear,

Maintenance, inspection, servicing and cleaning work,

Damage caused by improper use, overloading or accidents,

Damage resulting from failure to observe operating, care or maintenance instructions,

Noise, vibrations or similar phenomena, provided they do not impair the function or safety of the vehicle.


A warranty claim also does not exist in the case of:


Interventions, repairs or modifications by unauthorized third parties,

Use of non-original or non-approved spare or accessory parts if they caused the damage,

Damage caused by external influences such as stone chips, hail, road salt, corrosion, moisture or UV radiation.


9.5 Wear Parts


Typical wear parts include in particular:


Brake pads,

Brake shoes,

Brake cables,

Cables,

Light bulbs,

Fuses and main fuses,

Stickers,

Seat bench seals.


A warranty claim for wear parts only exists if a defect is present that exceeds the usual wear resulting from use.


9.6 Costs Not Covered by Warranty


The following are not covered by warranty in particular:


Maintenance, inspection, diagnostic and cleaning work,


Transport, shipping, towing or return transport costs,


Costs for replacement vehicles or loss of use, insofar as legally permissible.


9.7 Assertion of Warranty Claims


Recognized defects should be reported as soon as possible by e-mail to Elektroroller Futura in order to enable quick processing. The statutory rights of the customer remain unaffected.


The examination of a claimed defect and the decision on the existence of a warranty case shall be carried out by the manufacturer or a body authorized by the manufacturer.


A valid proof of purchase is required for processing a warranty claim.


The provision of warranty services neither extends nor restarts the statutory warranty period, insofar as legally permissible.


9.8 Guarantees


Information regarding any additional manufacturer guarantees and their exact conditions can be found in the respective product documents and corresponding information pages in the online shop.


A guarantee only exists if it has been expressly declared in writing.


9.9 Regional Validity


These warranty conditions apply exclusively to vehicles purchased and used within the Federal Republic of Germany, unless mandatory statutory provisions provide otherwise.


9.10 Miscellaneous Provisions


Deviating agreements require written form to be effective.


For technical questions or warranty cases, Elektroroller Futura customer service is available. The order or vehicle number must be provided for processing.


9.11 Mobility Guarantee


No mobility guarantee is granted.


Costs for replacement mobility, collection, transport or return transport of the vehicle are not part of the warranty.


10. Liability


We shall always be liable without limitation for claims arising from damages caused by us, our legal representatives or vicarious agents

• in the event of injury to life, body or health

• in the event of intentional or grossly negligent breach of duty

• in the case of guarantee promises, insofar as agreed, or

• insofar as the scope of the Product Liability Act is applicable.


In the event of a breach of essential contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the contractual partner may regularly rely (cardinal obligations), through slight negligence by us, our legal representatives or vicarious agents, liability shall be limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.


Otherwise, claims for damages are excluded.


11. Dispute Resolution


The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.


12. Final Provisions


If you are an entrepreneur, German law shall apply excluding the UN Convention on Contracts for the International Sale of Goods.