General terms and conditions of sale, delivery and payment

These terms and conditions of sale, delivery and payment (the General Terms and Conditions) govern the ordering of products between you (the customer) and the limited liability company (société à responsabilité limitée) Gilles Tooling GmbH, with registered office at L-6776 Grevenmacher, 26, Op der Ahlkerrech, Z.I. Potaschbierg, registered with the Luxembourg Trade and Companies Register (Registre de Commerce et des Sociétés Luxembourg) under section B number 107.876, with a share capital of EUR 237,500.

The customer confirms that he/she has taken note of the General Terms and Conditions when placing the order, that he/she has read them and that he/she accepts them unconditionally and without reservation. The customer has access to the current General Terms and Conditions at any time on the website www.gillestooling.com and can print them out for viewing.
The online sales transaction on the website www.gillestooling.com goes through several steps, which are described in detail in a user manual.
Deviating and/or supplementary agreements and ancillary agreements require express written confirmation.

Contractor
Gilles Tooling GmbH
Société à responsabilité limitée
26, Op der Ahlkerrech
Z.I. Potaschbierg
6776 Grevenmacher
Email: info@gillestooling.com
R.C.S. Luxembourg: B 107.876
VAT number: LU 20637977

Quotations
Offers are always subject to change. We reserve the right to correct any calculation or printing errors.

In view of constant technical development and improvement, we reserve the right to change the design, documentation, etc., provided that this does not affect the value of the product.

Purchase contracts are only concluded upon written order confirmation by Gilles Tooling GmbH.

Any transfer of rights and obligations arising from the purchase contract shall require the written consent of the seller.

Prices and terms of payment
The list prices (net prices) at the time of order confirmation or dispatch of goods shall apply.

Shipping costs shall be borne by the customer and shall be listed separately in the order confirmation/invoice.

Delivery shall be at the customer's expense and risk. We are authorised to make partial deliveries. However, the customer may not demand such partial deliveries unless he bears the costs involved.

In EU countries (EU: except dealers with VAT ID No.), the applicable Luxembourg VAT will be charged on the invoice amount. This also applies to some deliveries to third countries. For deliveries to Germany (except dealers with VAT ID No.), the applicable German VAT applies. We reserve the right to refuse delivery to certain third countries.

If no VAT is shown on the invoice, the customer shall bear all costs arising from the purchase of the goods, e.g. customs duties, taxes, etc.

Payments can be made by bank transfer, credit card (Euro-/Mastercard or Visa) or cash on delivery. For payments with American Express credit cards, please enquire.
Delivery takes place after confirmation of payment. The goods remain our property until full payment has been received.

Payment deadlines and interest on arrears
In the event of late payment, the customer will be charged interest on arrears as follows:

For business customers, the invoice amount is payable within 30 days of the invoice date. After expiry of the aforementioned period, interest shall be charged on the invoice amount in accordance with Articles 3 and 5 of the law of 18 April 2004 on payment periods and interest on late payments.

For private customers, the invoice amount is payable within 30 days of the invoice date. After expiry of the aforementioned period, interest on arrears at the statutory rate shall be due after 3 months from receipt of the goods or completion of the work in accordance with Article 12 of the Act of 18 April 2004 on payment periods and interest on arrears.

Terms of delivery
Delivery dates or delivery periods must be agreed in writing. The agreed delivery period shall commence on the date of the order confirmation, but not before all details of execution have been fully clarified. The deadline shall be deemed to have been met if the delivery item is dispatched before the deadline expires.

All agreed delivery periods are subject to correct and timely delivery by our own suppliers. The delivery period shall be extended appropriately in the event of labour disruptions, in particular strikes and lockouts, as well as circumstances for which we are not responsible, such as statutory or official orders (e.g. import and export restrictions) or in cases of delivery delays and/or force majeure. We are also not responsible for the aforementioned circumstances if they occur during an existing delay. In important cases, we shall inform the customer of the beginning and end of such obstacles as soon as possible.

If we ourselves are in default of delivery, the customer must set us a reasonable period of grace. After expiry of the grace period, the customer may withdraw from the contract if the goods have not been dispatched or notified as ready for dispatch by then.

All claims for damages, whether direct or indirect, and all other warranty claims arising from non-compliance with delivery dates or delivery periods are excluded.

Partial deliveries are possible for partial fulfilment of the contract. This shall not apply if the customer proves that partial fulfilment of the contract is of no interest to him. Partial deliveries are deemed to be independent deliveries for payment obligations, transfer of risk and warranty obligations. If several products have been ordered, not all of which are available, the customer may either cancel the entire order or demand delivery of only the products that are available.

The risk shall pass to the customer as soon as the consignment has been handed over to the person carrying out the transport or has left the warehouse for dispatch.

The customer is solely responsible for direct or indirect damage in the event of errors in the delivery address, in particular if this address is incorrect or incomplete.

In the event of unforeseeable circumstances (such as strikes, wars, fires, interruptions in the public transport system, delays by suppliers, etc.), we reserve the right to suspend the fulfilment of our obligations or to cancel the contract without prior notice of default.

Any amount paid by the customer will be refunded as soon as possible, without interest being charged to the customer.

Gilles Tooling GmbH cannot be held responsible for direct or indirect consequences relating to the suspension or cancellation of the order, with the exception of liabilities or costs resulting from our gross negligence or fault (négligence grossière ou faute lourde) or intentional fault (faute intentionnelle).

Retention of title
We reserve title to the purchased item until all claims arising from the delivery contract, including ancillary claims, have been satisfied in full. If the customer acts in breach of contract, we are entitled to demand the return of the purchased item.

The customer is obliged to inform us immediately in writing of any seizure or other impairment by third parties.

The customer hereby assigns to us his claim from a resale of delivered goods in the amount of the final invoice amount.

If the purchased item is processed with other items not belonging to us, we shall acquire co-ownership of the new item to the extent of the invoice value of the purchased item.

Warranty / exclusion of liability
All products supplied by us are subject to the statutory mandatory warranties.

Within this framework, we guarantee that the products supplied by us are free from defects under normal use and maintenance and that these products are suitable for the intended purpose if they are used in accordance with the installation, use and maintenance instructions supplied. This warranty generally only applies if the parts are fitted by authorised dealers and provided that the motorbike on which the part is fitted is still in its original condition.

The end user is entitled to the statutory warranty rights as provided for in the law of 21 April 2004 on the warranty of goods and the relevant provisions of the Civil Code and, where applicable, the manufacturer's warranty.

For products with a serial number, such as footrest systems, we can only process complaints or provide a warranty if this number is stated.

Any use other than the intended use, as well as manipulations and modifications that have an impact on the function and safety of the items, will invalidate the warranty.

If the customer is not an end user, he can only demand rectification or replacement delivery; no further claims can be derived. As long as we fulfil our obligations to repair or replace the goods within a reasonable period of time, the customer, who is not an end consumer, does not have the right to demand a reduction in payment or cancellation of the contract. If the rectification of defects fails, the customer's statutory warranty rights shall be revived.

The customer, who is not an end consumer, must notify us of defects in writing without delay, but at the latest within 10 days of receipt of the goods at the place of destination. Complaints can only be considered if the goods are still in the condition in which they were delivered. Defects that cannot be recognised within this period, even after careful inspection, must be reported in writing immediately after they are recognised. Claims for defects expire one month after the written rejection of the complaint, but at the latest after 6 months, except in the case of a sale to an end consumer.

We accept no liability for defects and damage resulting from unsuitable or improper use, non-observance of installation instructions or incorrect or negligent handling. Interventions and/or repairs by unauthorised persons will invalidate any warranty.

Claims for damages can only be asserted against us in all cases, even in the event of failed rectification or subsequent delivery, if we are guilty of intent (faute intentionnelle) or gross negligence (négligence grossière ou faute lourde). The seller accepts no liability for incorrect product descriptions, incorrect technical data and incorrect operating instructions from the manufacturer.

If the products supplied by us are used in races or under racing conditions, any guarantee is excluded.