Terms and Conditions

§ 1 Scope of Application, Customer Information

The following general terms and conditions govern the contractual relationship between ChromeBurner c/o FC-Moto GmbH & Co. KG and consumers who purchase goods through our shop. The contract language is German.

§ 2 Conclusion of Contract

The offers on the internet constitute a non-binding invitation for you to purchase goods. You can add one or more products to the shopping cart. During the ordering process, you enter your details and preferences regarding payment method, delivery options, etc. Only by clicking the order button do you submit a binding offer to conclude a purchase contract. You may also place a binding order by phone or fax. The immediate acknowledgment of receipt of your order via email or fax does not yet constitute acceptance of the purchase offer. We are entitled to accept your offer within 2-7 working days by sending an order confirmation via email. After the expiration of the period mentioned in sentence 1, your offer is considered rejected, meaning you are no longer bound by your offer. In case of a telephone order, the purchase contract is concluded if we immediately accept your offer. If the offer is not accepted immediately, you are no longer bound by it. The presentation of products in the online shop is not a legally binding offer, but only an invitation to order. Offers and price details in the online shop, brochures, advertisements, and other promotional materials are therefore non-binding and subject to change.

§ 3 Customer Information: Storage of Your Order Data

Your order with details of the concluded contract (e.g. product type, price, etc.) is stored by us. We will send you the general terms and conditions, but you can also view them on our website at any time after the contract has been concluded. As a registered customer, you can access your past orders through the customer login area (My Account).

§ 4 Customer Information: Correction Notice

You can correct your entries at any time before submitting your order using the delete key. We will inform you about further correction options during the order process. You can also end the order process at any time by closing the browser window.

§ 5 Retention of Title

We retain ownership of the delivered goods until full payment of the purchase price for those goods. During the period of retention of title, the buyer may not sell the goods (hereinafter: reserved goods) or otherwise dispose of ownership. If third parties – especially bailiffs – seize the reserved goods, the buyer must point out our ownership and immediately notify us so we can enforce our ownership rights. In case of a breach of contract by the buyer, especially in the event of payment default, we are entitled to demand the return of the reserved goods if we have rescinded the contract.

§ 6 Legal Warranty Rights

1. Warranty Rights
   For our goods, there are statutory warranty rights.

2. Limitation Period
   Your claims for defects in used goods expire one year from the delivery of the sold goods to you. This regulation does not apply to claims for damages, claims for defects that we have fraudulently concealed, and claims arising from a guarantee we have provided for the condition of the goods. For these excluded claims, the statutory limitation periods apply.

§ 7 Limitation of Liability

We exclude liability for slight negligence, unless it involves essential contractual obligations, damage to life, body or health, warranties, or claims under the Product Liability Act. The same applies to violations of obligations by our agents and statutory representatives. Essential contractual obligations include, in particular, the duty to deliver the goods to you and to transfer ownership to you. We are also obligated to deliver the goods free from material and legal defects.

§ 8 Shipping Damage

If goods are delivered with obvious transport damage, please immediately report such errors to the carrier and contact us as soon as possible. Failure to make a complaint or contact us has no effect on your statutory warranty rights. However, it helps us assert our own claims against the carrier or transport insurance.

§ 9 Returns

You can return the received goods without giving any reason within 30 days by returning the goods. The period starts at the earliest when you receive the goods and this information. Returns will only be accepted by us if they are sent back free of charge. Please use our return form. Costs for returns outside the EU.

At the time of shipment, the customer can choose between DTU (unpaid) or DTP (paid). With DTU, the customer only pays the return shipping costs. DTP includes both return and customs fees. If the customer chooses DTU, they are responsible for handling fees, which are determined individually based on the shipment.

For parcels that must go through customs, it is essential that the contents can be identified. Please include a copy of the invoice in the parcel and attach another copy on the outside with the note that it is a return. Shipments that are undervalued, without an invoice, or without a return reason will be automatically returned to the sender.

§ 10 Right of Withdrawal

1. Right of Withdrawal
   You have the right to withdraw from this contract within 30 days without providing any reason.

The withdrawal period is thirty days from the day you or a third party designated by you, who is not the carrier, took possession of the last good.

To exercise your right of withdrawal, you must inform us (ChromeBurner c/o FC-Moto GmbH & Co. KG, Avantisallee 90, D-52072 Aachen, support@chromeburner.com, +49 2405 49500 50, +49 2405 49500 51) by means of an unequivocal declaration (e.g., a letter sent by post, fax, or email) of your decision to withdraw from the contract. You may use the attached model withdrawal form, but this is not required.

To meet the withdrawal deadline, it is sufficient that you send your notification of the exercise of the right of withdrawal before the withdrawal period expires.

2. Consequences of Withdrawal
   If you withdraw from this contract, we will refund all payments we received from you (excluding shipping costs and any additional costs arising from your choice of a delivery method other than the least expensive standard delivery offered by us) without delay and no later than fourteen days from the day we receive your withdrawal notice.

For this refund, we will use the same payment method you used for the original transaction; in no case will you incur any fees for this refund. We may refuse the refund until we have received the goods back or you have provided proof of having returned the goods, whichever occurs first.

You must return the goods to us without delay and in any event no later than fourteen days from the day you inform us of the withdrawal from this contract. The deadline is met if you send the goods before the period of thirty days expires.

We bear the direct costs of returning the goods (only within Germany).

You are only liable for any depreciation in value of the goods if this depreciation is due to handling the goods beyond what is necessary to establish the nature, characteristics, and functioning of the goods.

3. Exclusion of the Right of Withdrawal
   The right of withdrawal does not apply to contracts for

• The delivery of goods that are not pre-manufactured and for which the consumer's individual selection or specification is decisive, or which are clearly tailored to the personal needs of the consumer.
• The delivery of newspapers, magazines, and illustrated publications, except for subscription contracts.

4. Expiry of the Right of Withdrawal
   The right of withdrawal expires early in contracts for

• The delivery of sound or video recordings or computer software in a sealed package, if the seal is removed after delivery.

Model Withdrawal Form
If you wish to withdraw from the contract, please complete this form and return it.

To:
ChromeBurner c/o FC-Moto GmbH & Co. KG
Avantisallee 90
D-52072 Aachen
Fax: 02405-4950051
Email: support@chromeburner.com

I/we hereby withdraw from the contract concluded by me/us () regarding the purchase of the following goods () / the provision of the following service (*)

(Here please specify the exact designation of the goods)

Ordered on ___________________ () / received on _______________________ ()

Name of the consumer(s):
Address of the consumer(s):
Date:
Signature of the consumer(s) (only if sent on paper):

§ 11 Online Dispute Resolution (OS)

1. Dispute Resolution Procedure
   We are neither willing nor obligated to participate in a dispute resolution procedure before a consumer arbitration board.

2. Online Dispute Resolution
   The European Commission provides a platform for online dispute resolution, which you can find at the external link www.ec.europa.eu/consumers/odr.

Our email address: support@chromeburner.com

§ 12.1 Information According to the Electrical and Electronic Equipment Act (ElektroG)

The following provides information to private households in accordance with the law (ElektroG) on the marketing, collection, and environmentally friendly disposal of electrical and electronic devices.

1. Disposal
   Due to the valuable materials contained in them, it is prohibited to dispose of old electrical and electronic devices in household waste.

Consumers are obligated under § 18 of the ElektroG to ensure the proper separation of old devices from household waste during disposal.

To properly label the old devices and inform consumers of which devices are considered electrical and electronic equipment, these have been marked with the symbol of a crossed-out trash can since 2005.

Furthermore, the ElektroG regulates how the disposal and/or recycling of collected old devices should be carried out.

2. Old Batteries and Accumulators
   If old devices contain removable batteries or accumulators, these must be removed before being handed over to a collection point.

3. Collection Point
   Electrical and electronic waste can be returned to our store in Würselen. FC Moto - Aachener Straße 21-23 - 52146 Würselen (Opening hours: Mon.-Fri.: 10:00 - 19:00 / Sat.: 10:00 - 16:00).

4. Registration Requirement
   We are a manufacturer and direct importer and have complied with the registration requirement at the Stiftung ear. Similarly, our suppliers have also met their registration obligations.

§ 12.2 Important Information for Our Customers Regarding Battery Disposal
As a supplier of vehicle batteries, we are obliged under § 10 of the Battery Act (BattG) to charge a deposit of €7.50 including VAT per vehicle battery if no old vehicle battery is returned to us at the time of purchasing a new vehicle battery. The deposit will be refunded upon presentation of proof of return or when returning an old vehicle battery.

§ 12.3 Used Oil Disposal + Packaging Return
According to the Used Oil Regulation, we are obliged to take back used oils free of charge. This also applies to oil filters and other oil-contaminated waste arising from an oil change. You can return the used oil to us in an amount corresponding to the quantity purchased from us.