Terms of service
OVERVIEW AND SCOPE Welcome to Motique-Garage! The terms "we", "us", and "our" refer to Motique-Garage, Dennis Boss, Ostpreusenstraße 16, 27299 Langwedel, Germany (hereinafter "Provider" or "Motique-Garage"). Motique-Garage operates this shop and this website, including all associated information, content, functions, tools, products, and services, to provide you, the customer, with a personalized shopping experience (the "Services"). Motique-Garage is based on Shopify, which enables us to provide the Services to you. The following terms and conditions, together with the policies referenced herein (these "General Terms and Conditions" or "Terms"), describe your rights and obligations when you use the Services. Please read these General Terms and Conditions carefully as they contain important information about your legal rights and cover topics such as warranty disclaimers and limitations of liability. By visiting, interacting with, or using our Services, you agree to these General Terms and Conditions and our Privacy Policy. If you do not agree to these General Terms and Conditions or the Privacy Policy, you may not use or access our Services.
SECTION 1 – ORGANIZER
The organizer is Motique-Garage, Dennis Boss, Ostpreusenstraße 16, 27299 Langwedel, Germany.
SECTION 2 – ELIGIBILITY
Eligible to participate are natural persons aged 18 and over with a residence in Germany or the European Union. Employees of Motique-Garage and their relatives are excluded from participation.
SECTION 3 – PARTICIPATION PROCEDURE AND QUALIFIED ENTRY
3.1. Participation in the sweepstakes is effected by purchasing a raffle ticket for a processing fee and correctly answering a knowledge or security question. The processing fee secures the opportunity to participate in the sweepstakes, the review of the question, and the execution of the draw. It is not a bet on winning. 3.2. An entry is only considered qualified and valid if the participation fee has been paid in full and the knowledge or security question has been answered correctly by the participant. 3.3. Only qualified and valid entries are counted for determining the minimum and maximum number of participants mentioned in these terms. Entries where the knowledge or security question was answered incorrectly are not included in the count for reaching the minimum or maximum limit and do not entitle the participant to take part in the draw. 3.4. The processing fee is due upon submission of the participation form and is non-refundable if the faulty entry is the participant's responsibility (e.g., in the case of a wrong answer to the knowledge question).
SECTION 4 – PROCEDURE, MINIMUM/MAXIMUM NUMBER OF PARTICIPANTS, AND DRAW
4.1. The sweepstakes has a minimum number of 2,500 qualified entries. A maximum of 5,000 qualified entries can be purchased. 4.2. If the minimum number of participants is not reached by the planned end of the promotion, the organizer may extend the promotion period once or several times (maximum 12 months from the original start date). Participants will be informed of an extension by email or via the website/social media channels. If the minimum number is not reached even after the maximum duration or if the sweepstakes is canceled, the processing fee will be fully refunded to all participants. 4.3. The prize draw will take place by random procedure within 7 days after one of the following events occurs: a) Reaching the maximum number of 5,000 qualified entries. b) Reaching the minimum number of 2,500 qualified entries AND after a separate decision by the organizer to conduct the draw at this earlier time. The organizer may make this decision at its own discretion, in particular to ensure a swift sweepstakes process in the interest of the participants, even if the maximum number of participants has not yet been reached. Such a decision will be communicated to the participants immediately on the website or via the organizer's social media channels. 4.4. The winner will be notified by email within 7 days of the draw. The winner must respond by email within 14 days of the prize notification being sent. If there is no response within this period or if the winner cannot be reached, the claim to the prize will be forfeited. In this case, the prize will be redrawn and the procedure will be repeated according to this clause.
SECTION 5 – PRIZE AND CONDITION OF THE VEHICLE
The prize is a new or used vehicle, the type of which is specified in the sweepstakes. A cash payout, exchange, or transfer of the prize is excluded. If a used vehicle is being raffled, signs of use or defects may be present. To the extent permitted by law, the organizer assumes no warranty or guarantee for defects. Known defects will be communicated in writing before handover; the winner can inspect the vehicle before acceptance and acknowledges the condition upon acceptance. Statutory product liability remains unaffected.
SECTION 6 – EXCLUSION FROM THE SWEEPSTAKES
In case of suspected technical manipulation or other violations of the terms, the organizer may exclude participants.
SECTION 7 – ACCESS AND ACCOUNT
7.1. By agreeing to these General Terms and Conditions, you declare that you are of legal age in the state or region in which you reside. 7.2. You represent and warrant that all information you provide during participation is correct, current, and complete. 7.3. You are solely responsible for the security of the login credentials for any customer account and for all activities on that account.
SECTION 8 – DIGITAL PRODUCTS AND REPRESENTATIONS
8.1. Exclusion of the Right of Cancellation for Digital Products: The right of refund expires for a contract for the delivery of digital content not on a physical medium (such as a digital raffle ticket) if we have begun with the performance of the contract after you have expressly agreed that we begin with the performance of the contract before the cancellation period expires, and you have confirmed your knowledge that by your consent, you lose your right of cancellation upon commencement of the contract's performance. 8.2. Deviations in Product Images and AI-Generated Representations: The images of vehicles or other prizes displayed on our website or in promotional materials are for illustrative purposes only and may differ from the actual item. In particular, deviations in color, equipment, condition, and design are possible. Images may also be AI-generated representations that do not reflect the exact condition or precise configuration of the actual prize. The actual condition and exact specification of the prize will be communicated in detail to the winner before the handover. Claims based on discrepancies between the representation and the actual prize are excluded, unless the discrepancy was concealed with intent or gross negligence.
SECTION 9 – LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTY
9.1. General Liability: The provider is liable without limitation for intent and gross negligence. For simple negligence, the provider is only liable for the breach of a material contractual obligation (cardinal duty). In this case, liability is limited to the foreseeable, contract-typical damage. Any further liability for slight negligence is excluded. 9.2. Technical Disruptions: The provider is not liable for technical disruptions, failures, or delays that are outside its area of responsibility (e.g., internet connection, DDoS attacks, disruptions by third-party providers). 9.3. Warranty for Services: THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. 9.4. Force Majeure: The provider is not liable for damages caused by force majeure.
SECTION 10 – INDEMNIFICATION
The participant indemnifies the provider from all claims of third parties based on a culpable violation of these GTC or applicable laws by the participant. This also includes the costs of a reasonable legal defense.
SECTION 11 – DATA PROTECTION
The processing of personal data is carried out in accordance with our separate privacy policy, which is available on the website. The participant has taken note of this privacy policy.
SECTION 12 – INTELLECTUAL PROPERTY
All content on the website, in particular texts, images, graphics, and trademarks, is protected by copyright. Any use of this content beyond personal and non-commercial purposes is not permitted without the prior written consent of the provider.
SECTION 13 – RELATIONSHIP WITH SHOPIFY
Motique-Garage is operated by Shopify. All purchases you make in our shop are concluded directly with Motique-Garage. You acknowledge that Shopify is not responsible for any aspects of the business between you and Motique-Garage and you release Shopify and its affiliates from any liability.
SECTION 14 – AMENDMENT OF THE GTC
The provider reserves the right to amend these GTC. Changes will be announced to the participants in a timely manner, at least 14 days before they take effect, by email or by notification on the website. If the participant does not object within 14 days, the amended GTC are deemed to be accepted.
SECTION 15 – FINAL PROVISIONS
15.1. Severability Clause: Should individual provisions of these GTC be ineffective, the validity of the remaining provisions shall remain unaffected. 15.2. Applicable Law: The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. The mandatory consumer protection regulations of the country in which the participant has his or her habitual residence remain unaffected. 15.3. Jurisdiction: If the participant is a merchant, the exclusive place of jurisdiction is the registered office of the provider. 15.4. Entire Agreement: These GTC constitute the entire agreement between you and us and supersede all prior agreements. 15.5. Contract Language: The contract language is German.
SECTION 16 – CONTACT INFORMATION
For questions about the General Terms and Conditions, please contact info@motique-garage.com. Our contact information is listed below:
Motique-Garage
Owner: Dennis Boss
Ostpreusenstraße 16,
27299 Langwedel
Germany
info@motique-garage.com
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