General Terms & Conditions

(GTC) for Internet-sale

cmotion GmbH ("cmotion") provides access to the cmotion Website (the "Website") and sells its products to the Client subject to the conditions set out on this page. Differing terms and conditions of the Client or cmotion’s suppliers and customers are non-binding for cmotion, even if they are not expressly excluded.

Please read these conditions carefully before using the cmotion Website. By using the cmotion Website, the Client agrees to be bound by these conditions.

1. Client's Account
If the Client uses the Website, the Client is responsible for maintaining the confidentiality of his account and password and for restricting access to his computer to prevent unauthorized access to his account. The Client agrees to accept responsibility for all activities that occur under his account or password. The Client should take all necessary steps to ensure that the password is kept confidential and secure and should inform cmotion immediately if the Client have any reason to believe that his password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. Please ensure that the details the Client provides to cmotion are correct and complete and inform cmotion immediately of any changes to the information that the Client provided when registering.

2. Access to the Website
cmotion will do its utmost to ensure that availability of the Website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, the Client’s access to the Website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. cmotion will attempt to limit the frequency and duration of any such suspension or restriction.

3. License for Website access
cmotion grants the Client a limited license to access and make personal use of the Website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of cmotion. This license does not include any resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Website or any portion of the Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without cmotion’s express written consent.

4. Download and Use of cmotion Software
Regarding cmotion Software or any documents which are available for download on the Website, the Terms and Conditions for Software Sale apply, which are part of cmotion's General Terms and Conditions and can be found at the bottom of this page.

5. The contract
When the Client places an order to purchase a product from the Website, cmotion will send the Client an e-mail confirming receipt of his order and containing the details of his order. His order represents an offer to cmotion to purchase a product which is accepted by cmotion when cmotion sends the e-mail confirmation to the Client.

6. Pricing and availability
cmotion lists availability information for products sold by cmotion on the Website. Beyond what cmotion says on that page or otherwise on the Website, cmotion cannot be more specific about availability. Please note that delivery estimates are just that. They are not guaranteed delivery times and should not be relied upon as such. As cmotion process the Client’s order, cmotion will inform the Client by e-mail if any products the Client’s order turn out to be unavailable. The prices of the products do not include VAT, any other sales, use, excise or similar taxes or delivery costs. Orders will ship either by FedEx. The Client can find the shipping and handling costs on the Website – under "Shipping costs" - as well. Shipping and handling costs are charged per item and are not based on delivery location. Unless otherwise agreed, the purchase price will become due and payable by the Client after receipt of products.

7. Customs
When ordering goods from the Website for delivery overseas the Client may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by the Client; cmotion has no control over these charges and cannot predict what they may be.

8. Right of withdrawal pursuant to Consumer Protection Law (§ 5 e KSchG)
The Client, who is consumer pursuant to the Consumer Protection Law (KSchG), can withdraw from a contract placed in distant selling (eg. realized via telecommunication, such as e-mail, fax, internet etc.) or from a contract declaration executed in distant selling within the period mentioned in the following. The sending of the declaration of withdrawal within the period suffices. The withdrawal period is seven workdays, Saturday not counting as workday. With contracts on the delivery of goods the withdrawal period begins on the day of the Client's receipt of the goods, with contracts on the performance of services on the day of contract conclusion. If cmotion has not attended to its duty to inform pursuant to § 5d section 1 and 2 KSchG, the period of withdrawal is three months from the times mentioned in the previous sentence. If cmotion attends to its duty to inform within this period, the period for exercising the right of withdrawal mentioned in the previous sentence begins with the time of information supply. When exercising the right of withdrawal pursuant to § 5 e KSchG cmotion has to refund the payments made by the Client and to compensate his expenses necessary and useful for the case and the Client have to return the received product or services (in the course of which the Client have to bear the immediate costs for return according to the contract) and pays cmotion an appropriate fee for use, including a compensation for depreciation of performance associated with; his taking over the services is as such not to be seen as depreciation.

9. General Terms and Conditions
In addition to this conditions for Online-Sale, cmotion's General Terms and Conditions apply for all points not covered within this document. The General Terms and Conditions can be found at the bottom of this page.

Download the General Terms and Conditions

Download the Terms and Conditions for Service