Conditions

Terms and Conditions (GTC)

TheMotionBrand,

Stollberger Strasse 42, 09387 Jahnsdorf / OT Pfaffenhain; Germany (for private customers)

§ 1 Scope

These terms and conditions regulate the contractual relationship between you as a natural person and The Motion Brand and only apply to business relationships with consumers within the meaning of Section 13 of the German Civil Code. According to this provision, a consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to either their commercial or their self-employed professional activity. The terms and conditions apply to the offers on the domain http://www.themotionbrand.com. We carry out your order according to our general terms and conditions valid at the time of the order. The current version of these General Terms and Conditions can be accessed on our website at http://www.themotionbrand.com..

§ 2 contract languages

German.

§ 3 Ordering process / conclusion of contract

You can order from us online via our website http://www.themotionbrand.com

The presentation of the products does not represent a binding offer within the meaning of 145 BGB..

You have the option of initiating the ordering process in your shopping cart by clicking on the "Proceed to checkout" button. After entering your personal data, you will find a summary of your order in the final step of the ordering process. There you have the opportunity to check your order again and correct it if necessary. By clicking the "Send order" button, you make a binding offer for the items you have selected. After submitting your order, you will receive an order confirmation via email. This email does not constitute acceptance of the offer you have made, it only informs you that we have received your order. The contract acceptance on our part only takes place with a further email in which we confirm the dispatch of your article (dispatch confirmation) or the order. Your contractual partner is The Motion Brand.

§ 4 delivery

We deliver goods that are in stock within Germany within 2-4 working days via DHL to the address you provide. Shipping to Austria is via DHL and takes 2-8 working days. Shipping to Switzerland is via DPD and can take 3-8 working days.

All of the above information about expected delivery dates or delivery periods is non-binding, unless these have been expressly agreed between us as binding. If we are in default of delivery in the case of an expressly agreed delivery date and you then set us a grace period, this will be at least two weeks. If we let this period of grace pass without result, you are entitled to withdraw from the purchase contract. If, exceptionally, an item is not available or not available as quickly, we will inform you of the delivery date as soon as possible, or alternatively that the delivery cannot take place.

§ 5 Return Policy

refund policy

There is no right of return for distance contracts,

1. for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs or that are not suitable for return due to their nature or can spoil quickly or whose use-by date has passed,

2. for the delivery of audio or video recordings or software, provided the data carriers delivered have been unsealed by the consumer and

3. for the delivery of print media such as posters, autograph cards or stickers.

return consequences

In the event of an effective return, the services received by both parties must be returned and any benefits (e.g. benefits of use) surrendered. In case of deterioration of the goods, compensation can be claimed. This does not apply if the deterioration of the goods is solely due to their inspection - as you would have been able to do in a retail shop. Furthermore, you can avoid the obligation to pay compensation for a deterioration caused by the intended use of the item by not using the item as if it were your property and by refraining from anything that would impair its value. Obligations to reimburse payments must be fulfilled within 14 days. The period begins for you with the dispatch of the goods or the return request, for us with the receipt.

§ 6 Returns/Reversals

Returns to: The Motion Brand Lukas Knopf, Stollberger Straße 42, 09387 Jahnsdorf / OT Pfaffenhain

If you have a question about the return, please contact us at info@themotionbrand.com beforehand.

We offer you a 14-day return period. Please note the item you want to return and the reason for the return on a note or the return form, which we will send to you by email at info@themotionbrand.com. There you will find all the necessary details to exchange your item or to be able to refund the entire amount. Please note that shipping costs are non-refundable!

Please send your return to: The Motion Brand, Stollberger Straße 42, 09387 Jahnsdorf/OT Pfaffenhain

The buyer bears the costs for this! Unfortunately, we cannot accept freight collect shipments! The return of the exchanged goods to the customer is at our expense.

After we have received your return, we will process it within 5-7 working days. The credit is made using the same payment method as the payment was originally made.

§ 7 prizes

All prices quoted are in euros and are final prices including any applicable statutory value-added tax. Postage and shipping costs are added according to the following list under paragraph 8.

§ 8 Postage & shipping costs (domestic/international)

We ship insured via DHL/DPD.

Germany: 4.90€

For shipments outside of Germany, there are different shipping costs and delivery times:

We deliver goods that are in stock within 5 working days via DHL (insured) or DPD (insured, to Switzerland) to the address you specify. When shipping outside of the Federal Republic of Germany and within Europe, the delivery takes about 2-8 working days if the goods are available. For shipments to non-European countries, the delivery time depends on the shipping method (airmail / land / shipping) and the recipient location.

All of the above information about expected delivery dates or delivery periods is non-binding, unless these have been expressly agreed between us as binding. If we are in default of delivery in the case of an expressly agreed delivery date and you then set us a grace period, this will be at least two weeks. If we let this period of grace pass without result, you are entitled to withdraw from the purchase contract. If, exceptionally, an item is not available or not available as quickly, we will inform you of the delivery date as soon as possible, or alternatively that the delivery cannot take place.

§ 9 Terms of Payment

We accept payment by Sofortüberweisung (Klarna), PayPal, credit card (Visa, Mastercard)

a) Immediate transfer via the provider Klarna. After the order confirmation, you will be forwarded to the Klarna website, where a direct purchase is then required.

b) PayPal

Payment is made immediately with your PayPal account to our PayPal account. Address: info@themotionbrand.com

c) credit card

We also offer our customers the option of paying via Mastercard or VISA. When ordering, please provide your credit card number, check digit and the expiry date of your card. The invoice amount will be charged to your credit card account at the time of delivery.

§ 10 Warranty

The warranty is based on the statutory provisions. In the event of complaints, we ask that you provide proof of the purchase date by means of an invoice and send the item complained about together with a copy of the invoice to:

 

The Motion Brand

Stollberger Strasse 42

09387 Jahnsdorf / OT Pfaffenhain

 

Normal wear and tear of the goods do not justify any warranty claim.

§ 11 care

Please note the washing instructions that you can find on the labels of the items. We are not responsible for damage caused by incorrect cleaning.

§ 12 Retention of Title

All delivered goods remain the property of The Motion Brand until full payment has been made.

§ 13 Data Storage

We strictly adhere to data protection. You agree to the storage, processing and use of the personal data transmitted to us through your order in accordance with the provisions of the Federal Data Protection Act (BDSG) for the processing of your order. Your stored personal data will only be passed on to the responsible transport company for the dispatch of your goods. All personal information will be treated confidentially.

§ 14 Right of objection according to the Federal Data Protection Act (BDSG)

As a data subject, you have the right to object to the use or transmission of your data for advertising purposes (blocking indicator) under the BDSG. In addition, there is a right to information and, under certain conditions, a right to correction, blocking and deletion of your data stored in one of our files.

§ 15 Limitation of Liability

According to the current state of the art, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. We are therefore not liable for the constant availability of our internet shop.

§ 16 Governing Law

German law shall apply to all disputes arising from or as a result of this agreement, to the exclusion of the UN Sales Convention.

§ 17 Severability Clause

Should a provision of these General Terms and Conditions be ineffective, this shall not affect the validity of the remaining provisions.

§ 18 cancellation policy

right of withdrawal

Right of withdrawal for goods deliveries

You have the right to withdraw from this contract within fourteen days without giving any reason.

The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the first goods.

In order to exercise your right of withdrawal, you must inform us (The Motion Brand, Stollberger Straße 42, 09387 Jahnsdorf; Germany)

Contact at: E-mail: info@themotionbrand.com) by means of a clear statement (e.g. a letter sent by post or via e-mail) of your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

Ordered on (*)/received on (*): ..……………………………………………………..

Name of consumer(s): ...…………………………………………………...

Address of consumer(s): ...………………………………………………...

Signature of the consumer(s) (only if notified on paper): .……………….

Date:……………………………………………

(*) Delete where not applicable.

To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.

Consequences of revocation

If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The return costs must be borne by yourself. The deadline is met if you send back the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

We must point out that we do not enclose a return slip with your shipment. This means that if you are exchanging an item, you will have to pay the full return shipping costs.

For returns, do the following:

- Shout thatreturns portal and follow all the steps given!

§ 19 Vendor Information

The Motion Brand

Stollberger Strasse 42

09387 Jahnsdorf / OT Pfaffenhain

Owner: Luke Button

VAT ID: DE315825434

Email info@themotionbrand.com

Payment methods:

Credit card
Instantly
Payment system certified by TÜV Saarland with tested data protection: No registration necessary; Goods/content can be sent/activated if available; Please have your online banking details (PIN/TAN) ready.
PayPal (credit card, direct debit, bank transfer)
If you select this payment method, the next step will be forwarding to PayPal. Once the necessary data has been entered there, it automatically goes back to this shop to complete the order.
for payment in advance
The dispatch takes place only when the open amount has arrived on the specified account.

Recipient: Luke Button
Bank: Erzgebirge Savings Bank
IBAN: DE45870540000725047488
SWIFT: WELADED1STB
Account No.: 725047488
BLZ: 87054000