GENERAL TERMS AND CONDITIONS FOR BUSINESS –
MANUFACTURER'S WARRANTY FOR MOTORCYCLE HELMETS
SCHUBERTH GmbH (hereinafter: „SCHUBERTH“) shall provide benefits within the scope of a manufac-turer's warranty (hereinafter: "SCHUBERTH warranty programme") to end customers which purchased the motorcycle helmets named in 1.1. if the requirements stated below are met. These benefits shall exist in addition to legal warranty claims.
The following General Terms and Conditions shall apply to participation in the SCHUBERTH warranty programme:
1. Products covered by the SCHUBERTH warranty programme, area of application
1.1 The SCHUBERTH warranty programme shall apply to all SCHUBERTH motorcycle helmets.
1.2 1.2 The SCHUBERTH warranty programme shall apply all over the world
2. Scope of the SCHUBERTH warranty programme, accident insurance programme
2.1 The SCHUBERTH warranty programme is valid for a period of five (5) years commencing on the date the new product is purchased by an end customer from a dealer.
2.2 Risks and damage covered by the SCHUBERTH warranty programme
Material and manufacturing defects in the SCHUBERTH helmet owned by the participant are covered on the condition of proper use.
2.3 Risks and damage not covered by the SCHUBERTH warranty programme Any other risks and damage are not covered by the SCHUBERTH warranty programme; this shall apply in particular to:
2.3.1 Helmets damaged in an accident (solely the accident insurance programme accord-ing to no. 2.5 shall apply in this case)
2.3.2 Scratches on the visor/sunshade/helmet shell
2.3.3. Maintenance errors and damage caused by improper use (intentional or unintentional)
2.3.4. Mere damage to paintwork or scratches which do not impair the function of the hel-met
2.3.5. Usual wear and tear
2.3.6. Damage due to improper maintenance
2.3.7. Damage due to incorrect installation of equipment and accessories as well as damage due to installation of poor-quality, defective or incompatible third-party equipment or accessories. Third-party equipment and accessories are equipment and accessories which do not bear the SCHUBERTH trademark.
2.3.8. Damage caused by tampering with or modification of the helmet.
2.4 Benefits from the SCHUBERTH warranty programme shall also be excluded if the participant wilfully or negligently causes the risks or damage covered according to number 2.2.
2.5 In addition, accident insurance shall be granted according to the conditions of no. 4.
3. Warranty claims from the SCHUBERTH warranty programme in the event of damage and their assertion
3.1 To receive a warranty benefit, the end customer must submit the helmet concerned together with the registration confirmation (see number 3.2) and/or with the purchase receipt to his/her SCHUBERTH franchised dealer.
3.2 Submission of the purchase receipt or another suitable record is, however, not required if the end customer has successfully registered online to participate in the SCHUBERTH warranty programme at the address [http://www.SCHUBERTH.com/index.php?id=214] and uploaded the corresponding record. During registration, an email confirmation is sent to the end customer at the email address indicated by the end customer. This email contains a link which must be confirmed (double opt-in process) in order to activate the customer's account.
3.3 If possible the end customer should add a brief, written description of the product defect along with the model name, the ECE number and the size.
3.4 The end customer must also add his/her name, his/her full address as well as a telephone number where he/she can be contacted during the day.
3.5 If a claim from the SCHUBERTH warranty programme exists according to these provisions, SCHUBERTH shall repair or replace the product or refund the purchase price at its own option. This claim shall be handled by the franchised dealer.
4. Special requirements for participating in the accident insurance programme according to 2.5
4.1 To participate in the accident insurance programme, the end customer must, in addition to the requirements named in no. 3, submit his/her identity card/passport as well as an accident report form from the police to his/her franchised dealer. For the sales areas Germany, Aus-tria, Switzerland and Italy, the above named documents must be sent directly to SCHUBERTH GmbH, Stegelitzer Str. 12, 39126 Magdeburg, Germany.
4.2 The end customer agrees to share the costs with an excess amounting to 1/3 (one third) of the purchase price, based on SCHUBERTH recommended price applicable in the year of the accident.
4.3 If incomplete or incorrect information is provided, the end customer is not entitled to services according to number 5 of these conditions.
5. Benefits from the accident insurance programme according to 2.5
5.1 If benefits are claimed from the accident insurance programme according to number 2.5, the end customer shall receive a new motorcycle helmet which corresponds to the participant's damaged model directly from his/her SCHUBERTH franchised dealer or directly from SCHUBERTH GmbH for the sales areas Germany, Austria, Switzerland and Italy. If the SCHUBERTH franchised dealer does not have the motorcycle helmet in stock, the dealer shall order a corresponding model from its importer.
5.2 Upon receipt of the new helmet, the excess (number 4.2) must be paid to the SCHUBERTH franchised dealer or directly to SCHUBERTH GmbH for the sales areas Germany, Austria, Swit-zerland and Italy.
5.3 If the model is no longer manufactured, the participant shall receive a comparable model in the same price range.
6. Use and disclosure of personal data
7. Termination of the SCHUBERTH warranty programme
SCHUBERTH GmbH reserves the right to terminate the SCHUBERTH warranty programme at any time. After termination, warranty cases which were purchased after the termination date shall no longer be accepted. This shall not affect the participation of previously registered cus-tomers or previously concluded purchase contracts with a warranty claim.
8. Legal warranty claims
Should defects occur in the SCHUBERTH helmet during the first 2 years (2) after the date of purchase, the end customer is entitled to assert legal warranty claims against the dealer where he/she purchased the helmet in addition to the warranty. These claims are not limited by the SCHUBERTH warranty programme.
9. Final Provisions
9.1 Proper law governing the SCHUBERTH warranty programme is solely the law of the Federal Republic of Germany.
9.2 The place of jurisdiction shall be Magdeburg if
9.2.1 the end customer is a merchant;
9.2.2 the customer does not have a general place of jurisdiction in the Federal Republic of Germany or transfers his/her domicile or habitual place of residence after conclu-sion of the contract outside the area of application of the Federal Republic of Ger-many;
9.2.3 the domicile or habitual place of residence of the party on which a claim is to be made by way of action is not known at the time action is filed.
(Version as of 11/2015)