General Terms and Conditions

General / Scope of Application

These General Terms and Conditions (hereinafter referred to as "GTC") of Mark Huggett GmbH apply to all products, services and contracts concluded with our customers. They also apply to future contracts, even if no express reference is made to these conditions. Other terms and conditions shall not be recognised unless we have expressly agreed to their application in writing.

The term "customer" refers to any natural or legal person maintaining a business relationship with Mark Huggett GmbH. Customers are required to provide truthful personal information in all cases. Mark Huggett GmbH reserves the right to delete customer data at any time without stating reasons.

Offers / Orders / Conclusion of Contract

The listing of products in the Mark Huggett GmbH online shop does not constitute a legally binding offer. Products displayed on the website are presented without obligation.

By placing an order online, the customer expressly submits a binding offer to conclude a purchase contract. Upon receipt of the order, the customer receives an order confirmation. This confirmation does not constitute acceptance of the offer by Mark Huggett GmbH.

Mark Huggett GmbH reserves the right to reject an order without stating reasons. A legally binding purchase contract is concluded only when Mark Huggett GmbH dispatches the goods.

Prices at Mark Huggett GmbH are subject to continuous changes. Accordingly, the prices displayed may change at short notice and are therefore non-binding. In the event of significant price differences, the customer will be informed in writing or by telephone before the parts are dispatched.

All prices are exclusive of statutory VAT.

Orders are accepted only when the motorcycle model and the Mark Huggett GmbH order number or the original BMW part number are provided.

Shipping

Delivery is carried out by postal service or parcel carrier in accordance with the payment terms of Mark Huggett GmbH set out below.

The benefits and risks associated with the goods pass to the purchaser once the goods have been identified and made ready for dispatch.

All products must be checked immediately upon receipt for correctness, completeness and damage. Any errors or damage must be reported to Mark Huggett GmbH immediately in writing.

Import charges, customs duties and VAT in countries outside Switzerland are the responsibility of the recipient.

Payment Terms

Mark Huggett GmbH offers various payment methods:

Online shop: Payment by credit card and, additionally within Switzerland, TWINT.

Telephone and fax orders: Payment by credit card.

Retail shop: Payment by credit and debit cards (Maestro, Postcard, TWINT) and cash.

Advance payment / Prepayment: Not offered.

Approved dealers: Recognised dealers may order on account, with payment due within 10 days.

Cash on delivery: NOT available.

Bank charges: Any bank charges incurred, whether in Switzerland or abroad, are borne by the customer. Depending on the country, bank charges may amount to CHF 50.00. For this reason, payment by credit card is recommended.

Credit card processing fees incurred by dealers will be charged to the respective dealer.

Returns / Exchanges / Cancellation

Ordered items may be returned within 7 days of receipt, provided that the invoice number and invoice date are supplied.

The following items are excluded from returns:

Light bulbs, literature, electronic components, and products specially manufactured or ordered for the customer.

Return shipping costs are always borne by the customer. Returns sent without sufficient postage will not be accepted.

A restocking fee of 5% of the value of the goods may be charged. If the original packaging has been opened, an inspection fee of 5% of the value of the goods may be charged.

Returns: The purchase price will be refunded.

Exchanges: Exchanges will be carried out within a reasonable period, provided the relevant item is in stock.

Cancellation: The customer must return the goods with a written explanation.

All shipping and postage costs for both the original delivery and the return shipment are borne by the purchaser.

Warranty / Liability

If new parts are defective at the time of delivery, Mark Huggett GmbH will arrange for the defect to be remedied or for replacement goods to be supplied.

If repair or replacement is unsuccessful, the customer may request a reduction in the purchase price or cancellation of the contract.

Our liability for our own actions and those of our legal representatives and agents is limited to intentional misconduct and gross negligence.

This limitation does not apply to breaches of essential contractual obligations or the absence of expressly guaranteed characteristics. Liability under applicable product liability legislation remains unaffected.

Unless otherwise agreed below, further claims by the customer, irrespective of their legal basis, are excluded.

Mark Huggett GmbH is therefore not liable for damage that does not occur to the supplied product itself.

In particular, we accept no liability for damage resulting from improper installation, the installation of new parts together with defective or faulty existing components, or the use of vehicles beyond their intended purpose.

In all cases involving breaches of contractual or statutory obligations, liability is limited to intentional misconduct or gross negligence.

Retention of Title

We retain ownership of the goods until all existing or future claims arising from the business relationship with the purchaser have been paid in full.

Copyright

The entire content of the Mark Huggett GmbH website, including trademarks, logos, photographs, texts, designs and other materials, is the property of Mark Huggett GmbH and is protected by applicable law.

Without the prior written consent of Mark Huggett GmbH, it is strictly prohibited to copy, download or otherwise use any part of this content for personal or commercial purposes.

The trademarks +Mark+Swiss, Noris and Veigel are the property of Mark Huggett GmbH.

Trademarks, Part Numbers and Origin of Spare Parts

The spare parts offered by Mark Huggett GmbH include both products manufactured in-house and products from independent third-party manufacturers. Unless expressly identified as such, these products are not genuine parts manufactured by BMW AG.

The use of trademarks, model designations and original BMW AG part numbers serves exclusively to identify, reference and describe the compatibility of the spare parts offered with the corresponding BMW motorcycle models.

The use of these designations does not imply any commercial affiliation with BMW AG, nor does it indicate that the products are manufactured, approved or recommended by BMW AG.

All trademarks and protected designations mentioned remain the property of their respective rights holders.

Automated Data Collection / Web Scraping

The automated extraction, collection, downloading, copying or systematic storage of content and data from the Mark Huggett GmbH website using web scraping, bots, crawlers, scripts or comparable technical methods is prohibited without the prior express written consent of Mark Huggett GmbH.

This applies in particular to product information, article and part numbers, prices, stock availability, product descriptions, images, technical specifications and other business information.

The systematic use, reproduction, distribution, publication or commercial exploitation of such data without the relevant consent is also prohibited. Uses expressly permitted by mandatory law and standard indexing by search engines remain unaffected.

Mark Huggett GmbH reserves the right to take appropriate technical and legal measures in the event of violations.

Place of Performance / Jurisdiction

The place of performance for delivery and payment is Holderbank, Canton of Aargau, Switzerland.

The place of jurisdiction is Lenzburg, Canton of Aargau, Switzerland.

All business relationships between Mark Huggett GmbH and its customers are governed by Swiss law.

Final Provisions

Should any individual provision of these General Terms and Conditions be invalid, the legal validity of the remaining provisions shall remain unaffected.

Only the German version is legally binding.