Terms & Conditions
Motorland.tech is a brand owned by Motorland GmbH.
The latter is also the supplier of the products and the exclusive contractual partner for the purchase.
I. Scope
The following terms and conditions govern the contractual relationship between you and Motorland GmbH for the sale and delivery of used and refurbished and refurbished automotive spare parts and the provision of related services.
Deviating or supplementary general terms and conditions do not become part of the contract unless Motorland GmbH expressly agrees to their validity.
II. Conclusion of contract
The offers of Motorland GmbH are always non-binding and subject to change. The conclusion of the contract is only binding upon delivery or receipt of the goods. If we are not in a position to deliver the ordered goods through no fault of our own because our supplier does not fulfill his contractual obligations towards us, we are entitled to withdraw from the contract in relation to entrepreneurs. However, this right of withdrawal only exists if we have concluded a congruent hedging transaction (binding, timely and sufficient order for the goods) with the relevant supplier and are not responsible for the non-delivery in any other way. In such a case, we will inform the customer immediately that the ordered goods are not available.We shall immediately reimburse any consideration already rendered by the customer.
III. Right of withdrawal for distance contracts - legal consequences - right of withdrawal
Right of Withdrawal
(A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.)
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation 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.
In order to exercise your right of cancellation, you must send us (Motorland GmbH, Kehlhofstrasse 8, 8194 Hüntwangen, telephone number: 044 869 02 96, e-mail address: info@motorland.tech.ch) a clear statement (e.g. a sent by post letter, fax or e-mail) about your decision to withdraw from this contract. You can use the attached model cancellation form for this, but it is not mandatory. You can fill out and submit the model cancellation form electronically. If you make use of this option, we will immediately send you (e.g. by e-mail) confirmation of receipt of such a revocation.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheap standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.
We may refuse repayment until we have received the returned goods 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 event no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to the handling of the goods that is not necessary to establish the nature, properties and functioning of the goods.
Exclusion of the right of withdrawal
The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer, for the delivery of goods if these are delivery were inseparably mixed with other goods due to their nature.
End of revocation
If, in exceptional cases, an agreed return of the goods takes place from the customer, the customer bears the costs of the outward transport and a restocking fee of 15% of the gross retail price if the delivered goods correspond to the ordered ones.
IV. Prices
Subject to an individual agreement, the prices in the price list valid at the time of conclusion of the contract shall apply. Our prices are final prices. They include the statutory VAT. In addition, there are shipping costs that you have to bear. Deliveries to countries outside the EU (e.g. Switzerland) incur additional customs duties and fees.
Sales tax-free intra-community deliveries are possible in accordance with the legal requirements.
V. Payments
Payments are to be made in advance.
VI. delivery terms
The dispatch takes place according to the offer or mail traffic agreement. If the delivery includes several parts, Motorland GmbH is entitled to partial services - as far as reasonable for you - whereby additional shipping costs are not charged. If delivery of the goods fails despite two delivery attempts, Motorland GmbH is entitled to withdraw from the contract. In this case, payments made will be reimbursed, whereby we are entitled to deduct our own expenses. If you buy a motor without attachments, the warranty only applies to the mechanical part. All attachments that are still on the engine are an addition. You can use these or take yours from the old engine. There is no warranty for the addition warranty. Use at your own risk.
VII. Retention of title
Motorland GmbH retains ownership of the delivered goods until all claims arising from this contractual relationship have been paid in full. In any case, you bear the costs for returned direct debits. If the customer is in significant arrears with payment or if the customer breaches his contractual obligations, the assertion of the retention of title by Motorland GmbH does not constitute a withdrawal from the contract, unless Motorland GmbH expressly declares its withdrawal from the contract.
VIII. Warranty
Motorland GmbH expressly points out that the sale of spare parts is used parts. The warranty period for used vehicle parts is 12 months from handover. A 12-month warranty applies to overhauled engines and transmissions. An extension of the warranty period is excluded.
We assume no liability for the item sold and sell to the exclusion of the warranty rights of the buyer, insofar as he is acting commercially.
This does not apply to claims for bodily harm and damages due to gross negligence and intent.
The warranty and guarantee is still excluded and expires for the buyer should the following be the basis.
When the motor is tested, it must always be made available complete with all add-on parts, but without the clutch and gearbox, and must be securely packed on a pallet.
[1] You cannot prove professional installation by a car workshop in compliance with the installation instructions and maintenance intervals. In principle, all wearing parts, seals and timing chains with chain tensioners must be renewed before installation. This applies without exception and must also be carried out if the normal intervals do not dictate an exchange. There is no exception to this rule. In used engines, the engine oil must be renewed within 1,000 km.
[2] Without consultation and/or our consent, you do not have the right to pursue rectifications of material defects and their reasons. The items we deliver are all with seals, spec. Markings and partly also provided with seals that cannot be damaged. In particular, opening the purchased item and damaging the attached seals, markings and seals is not permitted without our prior consent and will result in the loss of warranty claims that apply to the purchased items in the delivery condition.
[3] You have not replaced all wearing parts and operating fluids. If the timing chain or the timing belt is not replaced, any warranty in the event of a tear in the same is excluded. We reserve the right to only take back goods if they are in their original condition.
Claims by the buyer for material defects become time-barred in accordance with the statutory provisions, ie in the case of used parts one year after delivery of the object of purchase. Participation in costs is limited to CHF 500.
If the buyer is a legal entity under public law, a special fund under public law or an entrepreneur who, when concluding the contract, is exercising his commercial or self-employed professional activity, the sale of used vehicle parts takes place to the exclusion of liability for material defects, provided that the company Motorland GmbH is charged with simple negligence. Motorland GmbH is liable under the statutory regulation for damage to life, limb and health of the buyer. In the event of fraudulent concealment of defects or the assumption of a guarantee for the quality, further claims remain unaffected. Information, drawings, illustrations, technical data, descriptions of weight, dimensions and performance contained in advertisements or price lists are purely for informational purposes and do not represent any property assurances. The company Motorland GmbH assumes no liability for the correctness of this information. With regard to the type and scope of the delivery, only the information contained in the order confirmation is decisive. Specified kilometer readings refer to the reading of the odometer during dismantling or to information provided by the supplier. Motorland GmbH will not bear the costs for the installation or removal of vehicle spare parts.
[4] You (or your specialist workshop) did not check the valve timing before installation. For your safety, there is a sticker on the engine that also indicates that the timing chain or belt should be replaced.
This condition does not limit or exclude the statutory warranty claim, it is only intended to serve customer satisfaction.
[5] Scope of delivery for overhauled engines:
New crankshaft bearings (main and connecting rod bearings), valves, valve stem seals, piston rings, oil pump renewed. Cylinder head and block were measured, checked and ultra sound cleaned. The block is honed. Crankshaft and camshafts are polished, tested and standard dimensions. Further description according to our Revision section on our homepage.
[6] Scope of delivery for used engines:
Engine without attachments means it will be delivered with the cylinder head completely installed on the engine block. The valve cover and the oil pan are included and are mainly used for transport protection. The workshop must check whether the parts supplied correspond to the old parts of the customer. If necessary, the valve covers and the oil pan must be taken over from the old part.
IX. The customer/buyer's duty to examine and give notice of defects
Customers of Motorland GmbH are obliged to follow the obligation to examine and notify buyers OR .
[1] If the buyer is a merchant, according to OR, he must notify the seller of defects in goods immediately or immediately after receipt of the goods. Even if the delivered goods are defective, merchants lose all warranty rights if they do not report the defects to the seller immediately.
[2] Private customers are obliged to report defects in goods to our company no later than 14 calendar days after receipt of the object of purchase. Consequently, a late complaint excludes the warranty claim.
[3] If the buyer omits the notification, the goods are deemed to have been approved.
The following applies to consumers: Motorland GmbH eliminates the significant defects or errors by rectification or replacement delivery at its own discretion. If two attempts to rectify the defect or to replace the delivery fail, you can choose to request a change or a price reduction.
If you decide to change the contract, the user's right to use the delivered goods expires upon completion of the change. A reasonable compensation for use must be paid for the duration of use. Assured properties must be expressly agreed in writing and marked as such.
We are always at your disposal for questions, complaints and complaints.
Notifications of defects should only be sent in writing to our customer service:
Monday - Friday
from 9:00 a.m. to 12:00 p.m
by email to: info@motorland.tech
legal representation of Motorland GmbH:
Attorney Erich Binder
BSMW Lawyers
Zeltweg 64
8001 Zurich
X. Liability
The buyer is obliged to notify Motorland GmbH of damages and losses immediately in writing or to have them recorded by Motorland GmbH. The liability of the legal representatives, vicarious agents and employees of Motorland GmbH towards the buyer is excluded - except in cases of intent and gross negligence.
If Motorland GmbH is in default with the delivery and a reasonable period of grace set by the customer with a threat of rejection has expired without success, the customer can withdraw from the contract to the extent that the contract has not yet been fulfilled. Other claims, especially for damages, are excluded.
The exclusion does not apply if and to the extent that the delay was caused intentionally or through gross negligence by a legal representative or a vicarious agent of the seller or Motorland GmbH itself or if the
Motorland GmbH culpably violated essential contractual obligations. In the event of unforeseeable events that are beyond the control of Motorland GmbH, e.g. strikes and lockouts or operational disruptions, the agreed delivery times are extended by the duration of the hindrance plus a reasonable start-up time. A withdrawal from the contract is excluded in this case.
XI. Jurisdiction and place of performance
The place of jurisdiction and place of fulfillment is the registered office of Motorland GmbH, as far as dealings with entrepreneurs, legal entities under public law or a special fund under public law are concerned.
XII. privacy
Motorland GmbH uses the personal data you provide (title, name, address, date of birth, e-mail address, telephone number, fax number, bank details) in accordance with the provisions of German data protection law.
Your personal data, insofar as these are required for the establishment, content design or change of the contractual relationship (inventory data), are used exclusively to process the purchase contracts concluded between us. We do not pass on your personal data, including your home address and e-mail address, to third parties without your express consent, which can be revoked at any time. Excluded from this are our service partners who need the transmission of data to process the order (e.g. the shipping company commissioned with the delivery and the bank commissioned with processing the payment). In these cases, however, the scope of the transmitted data is limited to the necessary minimum.
XIII. Final Provisions
[1] Should a provision of these General Terms and Conditions be ineffective, the remaining provisions shall remain in effect. The relevant statutory provisions shall apply in place of the ineffective provision.
[2] The law of the Swiss Federation shall apply to contracts between the provider and the customer, excluding the UN Sales Convention.
As of October 30th, 2023
Motorland GmbH
Kehlhofstrasse 8
8194 Hüntwangen