Terms and conditions
This translation is for information; the German version is binding.
Motorrad Henkel – www.yamaha-online-shop.de
Last updated: 29.10.2026
These general terms and conditions consist of two parts: Part A applies to contracts with consumers (B2C), Part B to contracts with businesses (B2B).
Part A – Consumers (B2C)
§ 1 Scope
(1) These general terms and conditions apply to all purchase contracts concluded via the online shop www.yamaha-online-shop.de between Motorrad-Henkel, Inh. Tony Henkel, Hauptstraße 2c, 98529 Suhl, Germany, hereinafter the “seller”, and consumers.
(2) A consumer is any natural person who concludes a legal transaction for purposes that are predominantly outside their trade, business or profession (Section 13 BGB).
(3) Part B of these terms applies to contracts with businesses.
§ 2 Conclusion of the contract
(1) The presentation of products in the online shop is not a legally binding offer but an invitation to place an order.
(2) The customer can place goods in the virtual shopping cart. In the checkout, the customer chooses the delivery address, shipping method and payment method; the last checkout page summarises all details and costs. Until the order is placed, the customer can check and correct the entries at any time using the “Back” button and in the cart.
(3) By clicking the button “Zahlungspflichtig bestellen” (order with obligation to pay), the customer submits a binding offer to purchase.
(4) The seller confirms receipt of the order by email. This email is at the same time the acceptance of the offer; when it is sent depends on the payment method (paragraph 5).
(5) The contract is concluded as soon as the seller accepts the offer. Acceptance takes place as follows, depending on the payment method chosen:
- Credit card (also via Apple Pay and Google Pay), Klarna and Amazon Pay: The customer initiates the payment during the order process. The seller accepts the offer as soon as the payment service provider confirms the successful payment; the customer then receives an order confirmation by email without delay. Until that confirmation, the order remains open and the cart is kept. If the payment fails, no contract is concluded; the customer can initiate the payment again.
- Prepayment (bank transfer): The seller accepts the offer by sending the customer, without delay after the order, an email with the order summary and the seller's bank details (order confirmation with payment request).
- Payment on site (only for collection in Suhl): The seller accepts the offer by sending the customer an order confirmation by email without delay after the order.
This paragraph and § 3 paragraph 5 apply to payments with PayPal in the same way as to credit card, Klarna and Amazon Pay.
(6) If the seller does not accept the offer within five days of the order, the customer is no longer bound by the order. The seller then refunds any payments already made without delay.
(7) The contract language is German; translations of these terms are for information only. The seller stores the contract text. The customer receives the order details, these terms and the withdrawal instructions in text form with the email under paragraph 5. With a customer account, the customer can view their orders at any time under “My account › Orders”. The customer can view, print and save these terms on this page at any time.
§ 3 Prices and payment
(1) All prices shown to consumers include the applicable statutory VAT.
(2) Shipping costs are shown separately before the order is completed. Details are on the Shipping & payment page.
(3) For deliveries to other EU member states, the VAT rates applicable there may be decisive.
(4) The available payment methods and any permissible additional costs are stated in the order process and on the Shipping & payment page.
(5) Payment is due according to the payment method chosen:
- For credit card, Apple Pay, Google Pay, Klarna and Amazon Pay, the payment is initiated during the order process. For Klarna, Klarna's terms also apply.
- For prepayment, the total amount must be transferred within seven days of the order to the account stated in the email. The seller ships the goods or sets them aside for collection once the payment has arrived. If the payment does not arrive within this period, the seller cancels the order and informs the customer by email; with the cancellation, the customer's obligation to pay and the seller's obligation to deliver lapse.
- For payment on site, the purchase price is due when the goods are handed over in the seller's shop in Suhl.
(6) For deliveries to Switzerland, the separate shipping, customs and tax information applies (§ 4a and the Shipping & payment page).
§ 4 Delivery and shipping
(1) Delivery is made to the delivery countries offered in the online shop.
(2) Delivery times are stated on the respective product pages or before the contract is concluded.
(3) For deliveries to countries outside the European Union, import duties, customs clearance costs and import VAT may be incurred, unless they are expressly included in the total price.
(4) For consumer purchases, the statutory provisions apply to the passing of risk.
§ 4a Delivery and shipping to Switzerland
(1) Deliveries to Switzerland are generally made under the delivery term DAP (Delivered at Place – named place of destination), Incoterms® 2020.
(2) The named place of destination is the delivery address in Switzerland agreed in the order, unless another place of destination has been expressly agreed.
(3) Motorrad Henkel organises the carriage of the goods to the agreed place of destination and assumes the transport and export obligations assigned to the seller under DAP.
(4) Import customs clearance in Switzerland and the associated costs and charges are generally the buyer's responsibility. These include in particular any Swiss import VAT, customs duties and the carrier's fees for import handling.
(5) These import charges and fees are not included in the stated price of the goods or in the shipping costs charged by Motorrad Henkel, unless expressly agreed otherwise.
(6) Before placing the order, the customer is expressly informed that additional import charges and clearance costs may be incurred.
(7) For consumers, mandatory statutory rules on the passing of risk, delivery, withdrawal and liability for defects remain unaffected. In particular, agreeing DAP does not restrict the statutory consumer rights.
§ 5 Retention of title
The goods delivered remain the property of the seller until the purchase price has been paid in full.
§ 6 Right of withdrawal
(1) For distance contracts, consumers generally have a statutory right of withdrawal (Widerrufsrecht) of 14 days.
(2) The details are set out in the separate withdrawal instructions. The consumer can also declare the withdrawal online via Withdraw from contract.
(3) In the event of withdrawal, the consumer bears the direct cost of returning the goods, provided they were properly informed of this.
(4) The right of withdrawal is excluded only in the cases provided for by law.
(5) Electronic spare parts, control units, sensors and GYTR/GYTA racing parts are not excluded from the right of withdrawal merely because of their product category.
(6) If the seller takes back goods free from defects without being legally obliged to (goodwill, for example after the withdrawal period has ended), it refunds the value of the goods less the shipping costs and the payment fee (transaction fees); the customer bears the cost of the return. A statutory withdrawal is governed solely by the withdrawal instructions.
§ 7 Statutory liability for defects
(1) The statutory rights for defects apply.
(2) If claims for defects are justified, the seller bears the costs of subsequent performance required by law.
(3) To simplify processing, customers may contact the seller before returning goods. Exercising statutory rights does not depend on this.
(4) Any manufacturer's guarantees exist in addition and do not restrict statutory claims.
§ 8 Liability
(1) The seller is liable without limitation for intent and gross negligence and for damage resulting from injury to life, body or health, insofar as this is based on a culpable breach of duty.
(2) In the case of a slightly negligent breach of material contractual obligations, the seller is liable in accordance with the statutory principles for the foreseeable damage typical for the contract.
(3) Mandatory statutory liability, in particular under the Product Liability Act and arising from guarantees given, remains unaffected.
§ 9 Applicable law
(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) For consumers whose habitual residence is in another state, mandatory consumer protection provisions that apply under the applicable private international law remain unaffected.
§ 10 Final provisions
Should individual provisions be invalid, the statutory provisions apply in their place. The validity of the remaining provisions remains unaffected.
§ 11 Consumer dispute resolution
The seller is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Part B – Businesses (B2B)
§ 1 Scope
(1) These terms apply to purchase contracts between Motorrad-Henkel, Inh. Tony Henkel, Hauptstraße 2c, 98529 Suhl, Germany, hereinafter the “seller”, and businesses within the meaning of Section 14 BGB.
(2) They apply in particular to motorcycle workshops, specialist dealers, commercial vehicle dealers and other commercial buyers.
(3) By applying for a B2B customer account and with every order placed via an activated B2B customer account, the buyer confirms that they act in the exercise of their trade, business or profession.
(4) Conflicting terms of the buyer apply only insofar as they have been expressly agreed to.
§ 2 Registration and dealer activation
(1) Business customers can be activated for the B2B area via Apply for a B2B account after their business status has been checked.
(2) Motorrad Henkel may request suitable evidence for this, for example a trade licence or a VAT identification number.
(3) Activation does not give rise to any entitlement to particular prices, discounts or delivery terms.
(4) The dealer terms agreed in each case apply only to the activated customer.
§ 3 Conclusion of the contract
(1) Product presentations are generally non-binding.
(2) By placing the order, the buyer submits a binding offer to purchase.
(3) The contract is concluded as soon as the seller accepts the offer. For orders via the online shop, Part A § 2 paragraphs 4 to 7 apply accordingly, and Part A § 3 paragraph 5 applies accordingly to payment.
§ 4 Prices and payment
(1) After activation, the buyer receives an email with a link to set the password for their B2B customer account. The dealer terms apply to orders the buyer places while logged in to this account; the B2B discount is shown as a separate line (“Ihr B2B-Rabatt”) in the cart and in the checkout. Orders placed without logging in are charged at the general shop prices.
(2) All prices in the online shop are shown including VAT. The VAT included is shown separately in the checkout and on the invoice.
(3) For intra-Community supplies, tax-exempt supplies may be possible if the statutory requirements are met.
(4) The applicable payment methods and payment terms result from the order or the agreed dealer terms.
§ 5 Delivery and shipping
(1) Deliveries are made to the delivery countries offered.
(2) Shipping costs, delivery periods and any additional costs are stated before the contract is concluded.
(3) For cross-border deliveries, the applicable tax and customs provisions apply.
(4) The passing of risk is governed by the statutory provisions, in particular those applicable in business dealings.
§ 5a Deliveries to Switzerland
(1) Unless expressly agreed otherwise, deliveries to business customers in Switzerland are made under DAP (Delivered at Place – agreed place of destination), Incoterms® 2020.
(2) Motorrad Henkel organises transport to the agreed place of destination and assumes the export clearance obligations provided for under DAP.
(3) The buyer handles import customs clearance and bears the resulting import duties, taxes and clearance costs.
(4) Risk passes under the agreed DAP delivery term as soon as the goods are placed at the buyer's disposal at the agreed place of destination on the arriving means of transport, ready for unloading.
(5) The buyer must provide the information and documents required for proper import as part of their contractual duty to cooperate.
(6) Statutory rights for defects and mandatory statutory provisions remain unaffected.
§ 6 No voluntary right of return or withdrawal
(1) Businesses are granted no voluntary right of withdrawal, exchange or return for goods that are free from defects.
(2) This applies in particular to electronic spare parts, control units, sensors, GYTR/GYTA racing parts and specially procured spare parts.
(3) Goods free from defects are taken back voluntarily only after a prior express agreement. In that case the seller refunds the value of the goods less the shipping costs and the payment fee (transaction fees); the buyer bears the cost of the return unless agreed otherwise.
(4) Statutory rights for defects and other mandatory statutory claims remain unaffected.
§ 7 Inspection and notice of defects
(1) Insofar as the buyer is a merchant and the purchase is a commercial transaction for both parties, the statutory duties to inspect and give notice of defects under Section 377 HGB apply.
(2) For other businesses, the applicable statutory provisions apply.
(3) If claims for defects are justified, Motorrad Henkel bears the costs of subsequent performance required by law.
(4) No further restrictions of liability for defects are agreed.
§ 8 Retention of title
The goods delivered remain the property of the seller until the respective purchase price has been paid in full.
§ 9 Liability
For intent, gross negligence, damage resulting from injury to life, body or health and mandatory statutory liability, the statutory provisions apply.
In the case of a slightly negligent breach of material contractual obligations, liability is limited in accordance with the statutory principles to the foreseeable damage typical for the contract.
§ 10 Applicable law and place of jurisdiction
(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods, insofar as this choice of law is effective.
(2) If the buyer is a merchant or the statutory requirements for an agreement on the place of jurisdiction are met, the place of jurisdiction is – where permissible – the seller's place of business in Suhl.
(3) Mandatory international rules on jurisdiction and law remain unaffected.