Terms and Conditions

A. General Terms and Conditions (GTC) of Thunderbike www.thunderbike.de.

§ 1 Scope
1. The following General Terms and Conditions (hereinafter referred to as “GTC”) in the version valid at the time of the offer apply to the business relationship between Thunderbike, owner Andreas Bergerforth e.K., Güterstr. 5, 46499 Hamminkeln, and the buyer, the following General Terms and Conditions (hereinafter referred to as GTC) apply in the version valid at the time of the offer. By placing an order, the buyer expressly confirms that they have read and agree to the seller’s GTC.

2. Deviating terms and conditions of a buyer who is considered an entrepreneur shall not apply, even if the seller does not expressly object to their inclusion. This provision does not exclude the possibility of verbal agreements on other terms and conditions, especially between a buyer who is considered a consumer and the seller.

3. A consumer is any natural person who enters into a legal transaction—such as a purchase contract—for a purpose that cannot be attributed to their commercial or independent professional activity. Otherwise, the natural person is to be classified as an entrepreneur.

§ 2 Conclusion of contract
1. A purchase contract for our goods can be concluded online via our Internet shop https://shop.thunderbike.de, by telephone order, or in our retail store.

2. By placing the respective product on our website, we are already making you a binding offer to conclude a contract via the online shopping cart system under the conditions stated in the item description.

3. The contract is concluded as follows:
The items selected for purchase are placed in the “shopping cart.” You can access the “shopping cart” via the corresponding button in the navigation bar and make changes there, e.g., delete items.
If you want the item, click on “Checkout” and enter your personal data. After selecting the payment and shipping terms, the order details will be displayed as a summary.

If you choose your instant payment system (e.g., PayPal) as your payment method, you will be redirected either to the order overview page in our online shop or to the website of the instant payment system provider.

If you choose the instant payment system, enter your details there. You will then receive another overview of your order. Here, too, you can change or cancel your order and go back (internet browser).

By submitting the order via the corresponding confirmation button (e.g., “buy”), you declare your legally binding acceptance of our offer, thereby concluding the contract with Thunderbike.

4. Your telephone inquiries and requests for a quote do not constitute a binding offer on your part. In response to your inquiries, you will receive a binding offer from us in text form (usually by email), which you can accept within 1 week, whereby the purchase contract, as in a retail store, is concluded by two matching declarations of intent.

5. All contract data is processed by email, which is partially automated. You must therefore ensure that the email address you have provided us with is correct, that the receipt of emails is technically ensured and, in particular, that it is not prevented by SPAM filters.

6. A special feature applies when ordering custom-made products (contract for work). This always requires a contract confirmed by both parties with individual agreements. This contract is concluded in writing and contains its own individual provisions which supplement the General Terms and Conditions. You submit a request and receive a written offer from us, which you can accept within 2 weeks. Only with this confirmation have you accepted our offer, so that a contract has been concluded. The statutory law on contracts for work and services applies to these contracts.

7. In the case of orders from merchants, the contract may also be concluded by means of a commercial letter of confirmation from Thunderbike without objection. Unless the buyer, who is an entrepreneur, objects immediately (usually within 1 day), the contractual terms and conditions and GTC of Thunderbike shall be deemed accepted.

8. Contracts are only concluded with buyers who are at least 18 years of age and have full legal capacity. An exception to this principle only applies with the prior consent of the buyer’s legal representative, which must already be available to the seller at the time the buyer submits the offer.

9. In the event that you make a mistake during the ordering process, e.g., specify an incorrect quantity, please immediately send a correction email to Thunderbike, see Contact, or correct the order by telephone. This will then be taken into account and corrected accordingly.

§ 3 Purchase prices and shipping costs
1. All purchase prices quoted by the seller are binding and include VAT and exclude shipping costs. For shipping costs, including international shipping, please refer to the “Shipping methods and costs” section in the Thunderbike shop. Any customs and handling fees incurred are always to be borne by the recipient. Therefore, please check the current customs and handling fees at the place of receipt before making your purchase.

2. Unless expressly stated otherwise, the buyer is not entitled to a discount even in the case of immediate payment.

3. The seller shall deliver the purchased item without charging statutory value added tax if the conditions for an intra-Community delivery are met. The buyer must prove that these conditions are met by providing their name and address, their industry or profession, and a valid VAT identification number (VAT ID) during the purchase process.

4. The business currency is the euro (EUR). The seller shall issue invoices exclusively in euros (EUR) and payments by the buyer shall only be accepted in euros (EUR).

§ 4 Delivery, delivery times
1. In accordance with the item descriptions, all goods are available for delivery after full payment of the invoice. This means that the ordered goods will be shipped to locations in Germany within 1–3 business days, to locations in the European Union (excluding Germany) within 3–5 business days, and in all other cases within 3–5 business days of invoicing (see § 2 of the General Terms and Conditions).

2. Complaints by commercial buyers (entrepreneurs) regarding the scope of delivery, obvious defects, incorrect delivery, or quantity deviations must be made immediately to the seller in writing and by telephone. If the buyer fails to notify the seller immediately, even though they are obliged to do so under this paragraph, the delivery shall be deemed approved.

3. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment is only transferred to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the entrepreneur or another person designated to carry out the shipment.

4. If you are an entrepreneur, delivery and shipment are at your risk.

5. For international deliveries, please note the customs and handling fees at the destination. These are to be paid by the recipient upon collection. If the goods are not collected on time, additional storage fees and charges may be incurred. If the goods are not collected, they may be destroyed in accordance with the regulations of the recipient country. You will then permanently lose any claims for reimbursement and reversal of the transaction, as you are culpably in default of acceptance.

§ 5 Due date, payment, default
1. Unless otherwise agreed, delivery is made exclusively against advance payment, i.e., the goods will only be handed over to the carrier once the full invoice amount, including shipping costs and any other costs shown, has been received.

2. The purchase price is due upon invoicing after conclusion of the contract (see § 2 above) between the seller and the buyer. It is to be paid by the buyer in advance, cash on delivery, or by credit card.

3. If the buyer does not pay the purchase price within 10 days of the conclusion of the contract (see § 2 above) and the sending of a proper invoice by the seller, the buyer will receive a one-time payment reminder from the seller. If a further 10 days pass from the date of receipt of this payment reminder by the buyer without the seller being able to record receipt of payment, the seller will send the buyer a maximum of 3 written reminders. The second and third reminders will incur a reminder fee of €5 each, whereby the buyer reserves the right to prove that the damage was less or that no damage was incurred. At its discretion, the seller is entitled to cancel the buyer’s order and withdraw from the contract after the expiry of the deadline set in the first reminder. The seller is free to initiate legal dunning proceedings or to commission a lawyer or a debt collection agency to collect the claim after the payment deadline set in the first reminder has expired.

§ 6 Right of withdrawal/information for consumers
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, took possession of the goods. To exercise your right of withdrawal, you must inform us

Thunderbike, Owner: Andreas Bergerforth e.K., Güterstr. 5, 46499 Hamminkeln
Tel.: 02852-6777-0; Fax: 02852-5444, E-mail: info@thunderbike.de

by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, but this is not mandatory. If you make use of this option, we will immediately send you (e.g. by email) a confirmation of receipt of such a withdrawal.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period expires.

Download withdrawal form

Consequences of withdrawal
If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period. You bear the direct costs of returning the goods.
End of the cancellation policy

§ 7 Retention of title
1. The delivered goods remain the property of the seller until the purchase price for these goods has been paid by the buyer (simple retention of title).

2. In commercial business transactions (entrepreneurs), ownership of the purchased goods is only transferred from the seller to the buyer when the buyer has settled all claims arising from the business relationship with the seller (extended retention of title). A commercial business transaction is deemed to exist when goods are delivered by the seller to an entrepreneur.

3. If the seller’s retention of title to goods purchased in commercial transactions (entrepreneurs) expires due to resale, combination, or processing of the purchased goods by the buyer, the purchased goods are replaced by the new item or the claim arising from one of the designated actions (extended retention of title).

§ 8 Warranty
1. The statutory warranty rights apply. In the event of defective goods, the buyer, who is the consumer, may oblige the seller to remedy the defect or provide a replacement delivery. At their own discretion, they may leave the choice to the seller after notifying them accordingly.

2. The assignment of warranty claims of the buyer against the seller to third parties is excluded. If the buyer sells the goods delivered by the seller to third parties, he is prohibited from referring to the seller with regard to the associated statutory and/or contractual warranty claims.

3. Claims by the customer for material defects shall become time-barred in accordance with the statutory provisions.

4. In the event of defects, we shall, at our discretion, provide warranty by repair or replacement. If the defect cannot be remedied, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after the second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In the event of rectification, we shall not be liable for the higher costs incurred by transporting the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods. In the case of contracts for work and services, we have the right to repair the goods at our premises.

5. In the event of fraudulent concealment of defects or the assumption of a guarantee for the quality, further claims remain unaffected.

6. Defects must be reported to us in writing after they have been discovered and before they are remedied; if the customer is a merchant, a maximum complaint period of 10 calendar days after first becoming aware of the defect applies, § 377 (1) and (3) HGB (German Commercial Code). If a defect is reported, the customer must give us the opportunity to inspect this defect.

§ 9 Liability
The statutory provisions apply to the seller’s liability for damages.

§ 10 Data protection declaration and consent
All information on data protection can be found here: https://www.thunderbike.de/datenschutz/

§ 11 Place of performance, place of jurisdiction, legal system
1. With regard to the conclusion of contracts with entrepreneurs or public corporations, the place of performance for the delivery of the goods and the payment of the purchase price shall be the seller’s place of business in 46499 Hamminkeln.

2. The place of jurisdiction for merchants (entrepreneurs) is agreed to be the Wesel Local Court or the Duisburg Regional Court.

3. The conclusion of the contract between the seller and the buyer is subject to the law of the Federal Republic of Germany. The application of the UN Convention on Contracts for the International Sale of Goods is excluded. For consumers who have their domicile or habitual residence within the European Union but outside the Federal Republic of Germany, this choice of law shall only apply insofar as it does not deprive them of the protection afforded by mandatory legal provisions of the country in which they have their domicile or habitual residence.

§ 12 Severability clause
Should individual provisions of the contract, including these provisions, be wholly or partially invalid, the validity of the remaining provisions or parts of such provisions shall remain unaffected.

§ 13 Information on dispute resolution between consumers and online retailers:
We do not use any out-of-court dispute resolution body. Please contact our support team. We are sure to find a solution.

B. Customer information

1. Identity of the seller

THUNDERBIKE
Harley-Davidson Niederrhein
Andreas Bergerforth e.K.
Güterstraße 5
46499 Hamminkeln
Contact
Phone: 02852-6777-81
Fax: 02852-5444
Email: info@thunderbike.de

Alternative dispute resolution:
Information on dispute resolution between consumers and online retailers:
We do not use an out-of-court dispute resolution body. – Please contact our support team. We are sure to find a solution.

2. Information on the conclusion of the contract

The individual steps leading to the conclusion of the contract, the conclusion of the contract, and the options for amendment are governed by the provisions of § 2 “Conclusion of the contract” of our General Terms and Conditions in Part A of these provisions (GTC).

3. Contract language, contract text storage

a) The contract language is German or English. For the English version of the shop, click on the corresponding flag symbol.

b) We do not store the complete contract text. Before submitting the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser’s print function. After we receive your order, the order data, the information required by law for distance contracts, and the General Terms and Conditions will be sent to you again by email.

c) For requests for quotations outside the online shopping cart system, you will receive all contract data in the form of a binding offer in text form, e.g. by email, which you can print out or save on your PC.

4. Essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the respective product description.

5. Prices and payment terms

a) All purchase prices quoted by the seller include VAT and exclude shipping costs (see also § 3 of the General Terms and Conditions).

b) The shipping costs incurred are not included in the purchase price. They can be accessed via the “Shipping costs” button on our website or in the respective offer and are displayed during the ordering process. These are to be borne by you in addition to the purchase price, unless free shipping has been promised.

c) Any costs incurred for the transfer of money (transfer or exchange rate fees charged by credit institutions) are to be borne by you if the delivery is made to an EU member state but the payment was initiated outside the European Union.

d) The payment methods available to you are usually indicated by a symbol under a correspondingly labeled button on our website or in the respective offer.

e) Unless otherwise stated, the payment claims arising from the concluded contract are due for payment immediately (see § 5 of our General Terms and Conditions).

6. Delivery conditions

a) The delivery conditions, the delivery date, and any existing delivery restrictions can be found in § 4 of our General Terms and Conditions and, in addition, under a correspondingly labeled button on our website or in the respective offer.

b) For the transfer of risk, see § 4 No. 3 of our General Terms and Conditions. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment is only transferred to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the entrepreneur or another person designated to carry out the shipment.

If you are an entrepreneur, delivery and shipment are at your risk.

7. Statutory liability for defects

Liability for defects is governed by the “Warranty” provision in § 8 of our General Terms and Conditions (GTC).

As of 12/22/2025