GENERAL TERMS AND CONDITIONS - SCHUBERTH MOBILITY PROGRAM
Schuberth GmbH grants registered initial purchasers of the motorbike helmets listed in 1.1 (hereinafter: participants) the services that are part of the Schuberth Mobility Program in addition to the statutory warranty rights to which they are entitled, provided these initial purchasers meet the requirements for use.
The following general terms and conditions apply to participation in the Schuberth Mobility Program:
1. Subject of the Mobility Program
1.1 The Schuberth Mobility Program applies to all motorbike helmets in the SR1, C3, J1, S1 Pro and R1 series purchased from 01/10/2009 from an authorised Schuberth dealer (contract dealer) within the area covered by the Mobility Program.
1.2 The Mobility Program covers the Netherlands (from 1.10.2009), Belgium (from 1.10.2009), Luxembourg (from 1.10.2009), Sweden (from 1.10.2009), Denmark (from 16.10.2009), France (from 1.11.2009), Spain (from 1.11.2009), Germany (from 1.01.2010), Austria (from 1.01.2010), Switzerland (from 1.01.2010), Italy (from 1.03.2010), Hungary (from 1.03.2010), Portugal (from 1.04.2010) and Greece (from 1.04.2010).
2. Scope of the Mobility Program
2.1 Risks and damage covered by the Mobility Program
The following risks and damage are covered by the Mobility Program:
- Write-off after traffic accident in public place (according to the valid of current, individual traffic regulation of each country)
2.2 Risks and damage not covered by the Mobility Program
All other risks and damage are not covered by the Mobility Program; these include in particular:
2.2.1 simple paint, scratch and impact damage that does not affect the functioning of the helmet
2.2.2 wear and tear
2.2.3 repair costs
2.2.4 write-off due to something other than a traffic accident in public place (e. g. damages on circuits, abandon)
2.2.5 simple loss (left lying around, left behind)
2.2.6 write-off from burglary or simple theft
2.2.7 force majeure, especially war, civil war, strike, employment disputes, terrorist or political unrest, riots and other civil disorder, fires, lightening strikes, explosions, storms or floods
2.2.8 seizure, withdrawal or other intervention by authorities
2.3 Services from the Mobility Program are excluded if the participant contributes to the risks and damage covered by Number 2.1 through deliberate or grossly negligent action.
3. Duration of participation
Participation in the Mobility Program automatically ends 3 years after the purchase of the motorbike helmet by the participant. The period starts on the date the motorbike helmet is purchased by the participant as per the receipt.
4. Requirements for participation in the Mobility Program
4.1 The buyer must register on the www.schuberth.com website to participate in the Mobility Program. The customer shall only be entitled to participate in the Mobility Program if he has correctly completed the registration forms in full and issued his consent to his personal data being used for the purpose of customer support.
4.2 Initial purchasers of one of the motorbike helmets listed under 1.1 which was purchased from a Schuberth dealer in a territory stated under 1.2 (in the home country (= registered main residence) of the buyer (= user)) are entitled to register and participate. Used helmets, helmets which are damaged before being registered and helmets which were not purchased in the home country (= registered main residence) of the buyer (= user) are excluded from the Mobility Program. Participation cannot be transferred.
4.3 Participation in the Mobility Program starts with confirmation of the registration by Schuberth GmbH. To this end the customer receives a confirmation by email to the email address given by the customer. This email contains a confirmation link (double opt-in procedure) used to activate the customer's account.
5. Making a claim in the case of damage
5.1 If there is an accident, the participant must return the damaged helmet and present his customer card/registration confirmation, receipt, identification document/passport and an accident report by the police to the Schuberth dealer.
5.2 The participant pays an excess of 1/3 (one third) of the purchase cost, based on Schuberth's recommended retail price for the product applicable in the year of the accident.
5.3 If the information is incomplete or incorrect, there is no right to the benefits as per Number 6.
6. Benefits to the participant
6.1 On making a Mobility Program claim pursuant to Number 5 the participant receives a new motorbike helmet directly from the dealer that corresponds to the participant's damaged helmet.
6.2 If the Schuberth dealer does not have the motorbike helmet in stock, he orders an appropriate model for the participant from his importer.
6.3 The excess is to be paid to the Schuberth dealer on receipt of the new helmet.
6.4 If the model is no longer produced, the participant receives a similar model in the same price range.
7. Use and transfer of personal data
7.1 The collection, use and transfer of the participant's personal data takes place in line with the Schuberth GmbH data protection declaration communicated on the website at registration.
7.2 Successful registration as a participant depends on the customer's declaration of consent to the collection and use of the customer's personal data by Schuberth GmbH for customer support purposes within the framework of the Mobility Program. If consent is not given, there is no right to participate in the Mobility Program.
8. Stopping the Mobility Program
8.1 Schuberth GmbH reserves the right to stop the Mobility Program at any time. No new registrations will be accepted once the program has been stopped. This does not affect the participation of customers who have already registered, which will continue in line with Number 3.
8.2 Participation in the Mobility Program is not cause for additional claims, particularly such for damages, withdrawal or reduction. Statutory rights are not affected.
9. Final provisions
9.1 The law of the Federal Republic of Germany applies exclusively to the Mobility Program.
9.2 The court of jurisdiction is Magdeburg, if
9.2.1 the participant is a businessman;
9.2.2 the participant has no general court of jurisdiction in the Federal Republic of Germany or his residence or normal place of residence is moved away from the Federal Republic of Germany after the contract is concluded;
9.2.3 the participant's residence or normal place of residence is not known at the time legal proceedings are issued.
(Last Revised 04/2011)
