General terms & conditions
General Terms and Conditions (with legal mandatory information)
1. Scope
These General Terms and Conditions ("GTC") exclusively apply to the use of the MOTUL online shop at de.shop.motul.com and contracts concluded through it. They also contain legal mandatory information about your rights and our obligations in distance and electronic commerce.
Our internet shop's offerings are exclusively intended for consumers, i.e., customers who purchase for their own personal use and not for purposes primarily attributable to their commercial or self-employed professional activities.
2. Provider/Your Contractual Partner
The provider of the MOTUL online shop and your contractual partner as an authorized MOTUL online dealer is:
Hatraco GmbH
Peutestr. 22a
D-20539 Hamburg
Tel.: +49 (0) 40 22 63 07 086
Fax: +49 (0) 40 22 63 07 330
E-Mail: EN.INFO@DE.MOTUL.COM
Represented by Managing Directors Kai Vollrath und Oliver Baden;
Registered at the Hamburg District Court, Commercial Register No. HRB 87821;
VAT Identification Number: DE 230134238.
3. Order; Formation, Text, and Language of the Contract
The presentation of goods in the online shop is not a legally binding offer for the conclusion of purchase agreements but an invitation for exclusively fully legally competent persons of full age to order goods from us.
The following technical steps lead to the conclusion of a contract:
You can add products presented on our product pages to your shopping cart by clicking the "Add" button.
When you proceed to the checkout in the shopping cart by clicking the corresponding button named "Proceed to Checkout" and at the end of the online order form click the "Buy Now" button, you submit a legally binding offer to conclude a purchase agreement for the items you have placed in the shopping cart. Any input errors can be corrected in the shopping cart by either changing the quantity of your items or deleting items by clicking the "Remove" button before proceeding to checkout.
Immediately after receiving your contract offer, we will send you a confirmation of receipt via email. This confirmation does not constitute acceptance of your contract offer. A purchase contract is only concluded when you receive our acceptance declaration ("Order Confirmation") following the confirmation of receipt. You will receive our acceptance or rejection of your contract offer via email from us within two days of receiving your order.
The contract can be concluded in both the German and English languages.
The contract text, consisting of your specific order data and these GTC, is stored by us and will be sent to you together with the Order Confirmation. The GTC can also be viewed at any time in our online shop. Registered customers can access an overview of their orders there after logging in.
4. Prices/Shipping and Other Costs/Payment
The prices stated in the online shop include the respective statutory value-added tax (VAT) and other price components.
In addition, we charge a flat shipping fee per order, which you can view by clicking the "Shipping Costs" link directly on the items presented in the online shop and which will be separately indicated in your shopping cart. Within Germany, we offer free shipping for orders exceeding 30.00 euros.
You can pay via advance bank transfer, credit card, or through the PayPal PLUS payment service. If you select PayPal PLUS, the following payment methods are available for direct processing through PayPal: PayPal, direct debit, or credit card. If a billing address in Germany is provided, it is also possible to pay by invoice through PayPal PLUS for shopping cart values between 1.50 € and 1,500.00 €. An invoice, possibly including the bank account details for payment, will be provided together with our Order Confirmation. The invoice amount is due for immediate payment upon receipt of the invoice (except for payment by invoice).
If payment is made by credit card or PayPal PLUS, your account will be charged on the due date (except for payment by invoice). In the case of payment by invoice, the invoice amount must be paid to PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, within 30 days, provided that an identity and creditworthiness check by PayPal has been successful. In this case, we assign our payment claim to PayPal, so further payment processing is carried out in cooperation with PayPal, and you can only make payments to PayPal with a debt-discharging effect. The General Terms and Conditions of PayPal for the use of payment by invoice apply in this regard, as well as the PayPal privacy policy and information on identity verification by PayPal and data exchange with credit agencies (credit check), which you can access and confirm during the order process after being redirected to the PayPal website. For all other contractual matters, especially for the exercise of statutory withdrawal rights or warranty rights, we remain your direct point of contact.
5. Retention of Title
The goods remain our property until full payment has been made. Before transfer of ownership, pledging, transfer by way of security, processing, or transformation of the goods is not permitted without our consent.
6. Delivery/Service Disruptions
We deliver within Germany, Austria, and the Netherlands.
The delivery time is 1 to 3 working days for deliveries within Germany and 7 to 10 working days for all other listed countries (calculated from the receipt of payment for advance payment orders). Any deviations from the delivery times for individual items are indicated separately in the online shop.
To the extent that business disruptions not attributable to us, in particular strikes and lockouts, as well as cases of force majeure based on an unforeseeable and unavoidable event, prevent us from delivering your ordered goods within the specified delivery time, the delivery time will be extended by the duration of the service disruptions caused by these circumstances. If such disruptions prevent us from delivering within one month from the receipt or release of payment, you have the right to withdraw from the contract. Other claims, especially statutory withdrawal rights, which you already have within the one-month period, remain unaffected.
7. Customer's Obligations to Assist in Contract Fulfillment
You are responsible for ensuring that the personal data stored in your customer account, if applicable, and/or provided to us at the time of contract formation, such as the reachable email address and delivery address, are accurate and necessary for contract fulfillment. You must also ensure that email reception at the email address provided by you is technically possible and not hindered by redirection, deactivation, or capacity constraints, for example.
Any additional costs incurred by us due to the culpable provision of incorrect delivery addresses by you must be reimbursed upon our request. Furthermore, we are entitled to withdraw from the contract to the extent that you have culpably violated your cooperation obligations mentioned in the preceding paragraph.
8. Right of Withdrawal for Consumers
If you purchase goods for purposes primarily unrelated to either your commercial or self-employed professional activity and, therefore, order from us as a consumer, you have a right of withdrawal as set out in the following withdrawal policy:
WITHDRAWAL POLICY
RIGHT OF WITHDRAWAL
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/HAS TAKEN POSSESSION OF THE GOODS.
TO EXERCISE YOUR RIGHT OF WITHDRAWAL, YOU MUST INFORM US (HATRACO GMBH, PEUTESTRAßE 22a, D-20539 HAMBURG, TEL. +49 (0)40 22 63 07 086, FAX +49 (0) 40 22 63 07 330, EMAIL: DE.INFO@MOTULSHOP.DE) OF YOUR DECISION TO WITHDRAW FROM THIS CONTRACT BY AN UNEQUIVOCAL STATEMENT (E.G., A LETTER SENT BY POST, FAX, OR EMAIL). YOU MAY USE THE ATTACHED SAMPLE WITHDRAWAL FORM, BUT IT IS NOT REQUIRED.
TO MEET THE WITHDRAWAL DEADLINE, IT IS SUFFICIENT FOR YOU TO SEND YOUR COMMUNICATION CONCERNING YOUR EXERCISE OF THE RIGHT OF WITHDRAWAL BEFORE THE WITHDRAWAL PERIOD HAS EXPIRED.
CONSEQUENCES OF WITHDRAWAL
IF YOU WITHDRAW FROM THIS CONTRACT, WE SHALL REIMBURSE TO YOU ALL PAYMENTS RECEIVED FROM YOU, INCLUDING THE COSTS OF DELIVERY (EXCEPT FOR THE SUPPLEMENTARY COSTS ARISING IF YOU CHOSE A TYPE OF DELIVERY OTHER THAN THE LEAST EXPENSIVE TYPE OF STANDARD DELIVERY OFFERED BY US), WITHOUT UNDUE DELAY AND IN ANY EVENT NOT LATER THAN FOURTEEN DAYS FROM THE DAY ON WHICH WE ARE INFORMED ABOUT YOUR DECISION TO WITHDRAW FROM THIS CONTRACT. WE WILL CARRY OUT SUCH REIMBURSEMENT USING THE SAME MEANS OF PAYMENT AS YOU USED FOR THE INITIAL TRANSACTION, UNLESS YOU HAVE EXPRESSLY AGREED OTHERWISE; IN ANY EVENT, YOU WILL NOT INCUR ANY FEES AS A RESULT OF SUCH REIMBURSEMENT. WE MAY WITHHOLD REIMBURSEMENT UNTIL WE HAVE RECEIVED THE GOODS BACK OR YOU HAVE SUPPLIED EVIDENCE OF HAVING SENT BACK THE GOODS, WHICHEVER IS THE EARLIER.
YOU SHALL SEND BACK THE GOODS OR HAND THEM OVER TO US, WITHOUT UNDUE DELAY AND IN ANY EVENT NOT LATER THAN FOURTEEN DAYS FROM THE DAY ON WHICH YOU COMMUNICATE YOUR WITHDRAWAL FROM THIS CONTRACT TO US. THE DEADLINE IS MET IF YOU SEND BACK THE GOODS BEFORE THE PERIOD OF FOURTEEN DAYS HAS EXPIRED. WE WILL BEAR THE COSTS OF RETURNING THE GOODS.
YOU ARE ONLY LIABLE FOR ANY DIMINISHMENT OF THE GOODS RESULTING FROM THE HANDLING OTHER THAN WHAT IS NECESSARY TO ESTABLISH THE NATURE, CHARACTERISTICS, AND FUNCTIONING OF THE GOODS.
SAMPLE WITHDRAWAL FORM
(If you wish to withdraw from the contract, please complete this form and return it.)
To: MOTUL Online Shop, c/o Hatraco GmbH, Peutestraße 22a, D-20539 Hamburg, Fax +49 (0)40 22 63 07 330, Email: en.info@de.motul.com
I/we () hereby give notice that I/we () withdraw from my/our () contract of sale of the following goods ()/for the provision of the following service (*)
Ordered on (*)/received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if this form is notified on paper)
Date
(*) Delete as appropriate.
NOTE REGARDING THE RIGHT OF WITHDRAWAL
The right of withdrawal does not apply to distance contracts:
- for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
- for the supply of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.
Warranty Claims/Liability for Damages
We request that you immediately report to the carrier or us any defects in the goods recognized by you upon delivery, such as obvious transport damage. Failure to make such a report has no effect on your statutory claims unless your purchase is a commercial transaction for both parties, in which case you have a reporting obligation under § 377 of the German Commercial Code (HGB). Your prompt report allows us to assert our own claims against the carrier or transport insurance company.
To the extent that a product is not free from defects upon delivery, you are entitled, in accordance with statutory provisions, to demand subsequent performance, withdraw from the contract, or reduce the purchase price and claim damages in addition.
We are fully liable in accordance with statutory provisions for damages caused by us intentionally or through gross negligence that result in harm to life, body, or health.
For property and financial damages, we are liable if we cause them intentionally or through gross negligence.
If we breach a material contractual obligation or a cardinal obligation, i.e., an obligation whose fulfillment is essential for the proper execution of the contract and on whose compliance you regularly rely, we are liable for property and financial damages even in cases of slight negligence. The same applies if you have claims for damages instead of performance.
In the event of a breach of a material contractual obligation or a cardinal obligation due to slight negligence, our liability is limited to the typical, foreseeable damage.
The above limitations of liability also apply if we are unable to deliver by chance at a time when we are in default or if you assert other claims, especially tort claims or claims for reimbursement of futile expenses in lieu of performance. They do not apply insofar as we have assumed a guarantee or are liable under the Product Liability Act.
Furthermore, our liability is excluded.
To the extent that we are liable, our liability is also limited or excluded for damages caused by breaches of duty by our employees, workers, employees, agents, and vicarious agents.
Dispute Resolution/Customer Service
The European Commission provides a platform for online dispute resolution (ODR), which you can find at . We are not obligated to participate in a dispute resolution procedure before a consumer conciliation body and generally not willing to do so.
For questions, complaints, or grievances, our customer service is available at the email address en.info@de.motul.com or by phone from Monday to Thursday between 8 am and 6 pm and on Fridays between 8 am and 5 pm at +49 40 22 63 07-083.
11. Applicable Law
The law of the Federal Republic of Germany shall apply. This choice of law applies to consumers only insofar as it does not deprive them of the protection afforded by provisions that cannot be derogated from by agreement by virtue of the law of the country in which they have their habitual residence. The UN Convention on Contracts for the International Sale of Goods is excluded.
Hatraco GmbH, As of: 31.01.2023