General Terms and Conditions of Bike24 GmbH - valid from July 19th 2008 § 1 Scope Only the following General Terms and Conditions as amended at the time of the purchase order apply to the business relation between you and Bike24 GmbH, of Enderstraße 94, 01277 Dresden (Bike24). Bike24 GmbH (hereinafter referred to as Bike24) will not accept any deviating conditions of you unless Bike24 has expressly agreed in writing. § 2 Partners to the contract Bike24 is operated by Bike24 GmbH, of Enderstraße 94, 01277 Dresden. If a contract is concluded (see § 3), Bike24 GmbH shall be your partner to the contract. Bike24 GmbH www.bike24.net Enderstraße 94 01277 Dresden Germany Phone: +49 (0) 351 / 417 497 - 0 Fax: +49 (0) 351 / 417 497 - 79 E-mail: info at bike24.net § 3 Conclusion of the contract By your purchase order, you submit a binding offer to conclude a contract, to Bike24. The purchase contract is caused by Bike24 accepting your purchase offer by the dispatch of the good. The automatic confirmation e-mail after the receipt of the purchase order does not constitute an acceptance by Bike24. It only confirms that Bike24 received your offer to purchase. For cash in advance payment Bike24 submits the bank account information by e-mail. This e-mail does not constitute an acceptance by Bike24. The text of the contract is stored. The automatic confirmation e-mail after the receipt of the purchase order contains the purchase order data. At any time you are able to visualise or download Bike24's General Terms and Conditions on this site. § 4 Instruction on your right to cancel Instructions on cancellation Right to cancel You are entitled to cancel your offer to conclude a contract within 2 weeks, with no necessity to state reasons, in text form (e.g. by letter, fax, e-mail), or - if the good is handed over to you before the expiry of the period - by returning the good. This period starts on receipt of these instructions in text form, but not until the receipt of the good by the recipient and not until the performance of our obligations to inform according to section 312 c, subsection 2 BGB (Civil Code) in connection with section 1, subsection 1, 2 and 4 BGB-InfV (Civil Code information regulation). The on-time dispatch of the cancellation or good respectively will do to comply with the period for cancellation. The cancellation has to be addressed to (Address where also court documents can be served to): Bike24 GmbH Enderstraße 94 01277 Dresden Germany E-mail: info at bike24.net Fax: +49 (0) 351 / 417 497 - 79 Consequences of cancellation In case of a valid cancellation, the bilaterally received performances have to be returned, as are any possible benefits (e.g. benefits of use). If you are not able to return the performance received from Bike24 at all or not completely or only in a worsened condition, you may have to compensate Bike24 to this extent. For surrender of goods this shall not apply if the worsening of the good is exclusively based on a check that you would be able to make in a shop, for example. Moreover, you may prevent your obligation to compensate the value by not using the good as an owner would use it and by omitting everything that affects its value. Goods that can be sent as a parcel have to be returned at our risk. You have to bear the cost of the return, if the good supplied is in conformity with the ordered one and if the price of the returned good does not exceed the amount of 40 EUR or, in case of a higher price, if you have not yet performed the consideration or a contractually agreed part payment at time of the cancellation. Otherwise, the return is free of charge for you. Any goods that cannot be sent as a parcel will be collected at your place, by Bike24. Obligations to refund payments have to be fulfilled within 30 days. For you this period starts with the dispatch of the cancellation or good respectively. For us the period starts with the receive of the good. Financed transactions If you have financed the contract by means of a loan and you cancel the financed contract, then you are also no longer bound by the loan contract if both contracts form an economic unit. This must be assumed in particular in those cases when we are simultaneously the lender or the lender cooperates with us to fund the loan. If we have already received the loan upon the cancellation becoming effective or the return of the good, in relation to you, your lender takes over our rights and responsibilities of the financed contract concerning the legal consequences of the cancellation or the return of the good. To avoid a contractual obligation as extensively as possible, cancel both contractual statements. End of instructions on cancellation § 5 Exclusion of right to cancel No such right to cancel exists for you if you are entrepreneur in the sense of section 14, subsection 1 BGB (Civil Code) and you act in the performance of your business or freelance activity. The right to cancel does not apply in the case of data media with audio or video recording or software, if you have unsealed the data medium. No right to cancel shall exist for any goods made or assembled especially in accordance with your requirements. Thus, e.g., no right to cancel exists for bicycles assembled especially in accordance with your requirements. § 6 Delivery, later delivery If not otherwise agreed, the delivery will be made to the delivery address you indicated. Any statements about the term of delivery are unbinding unless the date of delivery is stated bindingly in exceptional cases. In individual cases, Bike24 offers you that a product not available at this time will be sent to you on a later date, as soon as available (later delivery). You will not pay any further shipping cost or fees for cash on delivery for later deliveries. § 7 Exchange Bike24 is not obligated to exchange faultless goods. Bike24 will normally comply with your request to exchange, as far as it is possible. Bike24 shall be entitled to claim shipping cost for the shipment of the exchanged good. Your right to cancel (compare §4) is not limited or excluded in any way by this provision. § 8 Payment If you are a buyer from Germany you can pay Bike24 by cash on delivery, electronic direct debiting, credit card (American Express, Mastercard, Visa), and advance payment. We ask our customers from abroad to pay by credit card or advance payment only. Payment by credit card and direct debiting will only be triggered off when the good is dispatched. If paying by advance payment, you will transfer the money directly into our bank account in advance. Please keep in mind that you have to borne bank fees which might be charged with advance payments from abroad. Bike24 has to receive the total invoice amount. If you select cash on delivery for paying, Bike24 can subsequently change the payment condition to payment per invoice that is cheaper for you. § 9 Due date and delay The purchase price will become due immediately on the conclusion of the contract. In the case of an order per invoice the invoice will contain the due date. If you are delayed with paying, Bike24 is entitled to charge interest on defaulted payment. § 10 Reminder fees If you do not pay the purchase price after the first reminder, Bike24 is entitled to charge a reminder fee of 4 EUR for the second reminder. § 11 Set-off, right of retention You shall only be entitled to offset if your counterclaims are res judicata or acknowledged by Bike24. In addition, you shall only be entitled to exercise your right of retention if your counterclaim is based on the same contractual relation. § 12 Retention of title The good remains the property of Bike24 until full payment. § 13 Warranty for defects and liability The statutory warranty conditions shall apply. The warranty period is 2 years and commences on handing over the good. Your warranty claims are limited to subsequent compliance (removal of defects or replacement) in the first place. Unless otherwise stated below, any further claims are excluded, irrespective of which cause in law. Bike24 therefore shall not be liable for losses not incurred at the supplied good itself. Notably, Bike24 shall not be liable for lost profit or other economic loss. To the extent to which the liability of Bike24 is excluded or limited, this shall also apply for the personal liability of employees, agents and vicarious agents. The above limitation of liability shall not apply if the cause for the loss is based on intent or gross negligence or if injury of life, body, or health is involved. Also, the limitation of liability shall not apply if your raise claims based on §1, §4 Produkthaftungsgesetz (product liability act). Furthermore, the limitation of liability shall not apply at breach of a significant contractual duty. § 14 Data protection and data security Your personal data, such as credit card number, postal code, bank account number, name, and address entered in the scope of the purchase order will be encoded and therefore secured against unauthorized access on the Internet. Bike24 uses a safe transfer process, the so-called "Secure Socket Layer" (SSL). By placing the purchase order, you declare to agree that Bike24 stores, processes, and uses in the scope of the customer relation your personal data contained in the purchase order. For more information concerning the protection of your personal data please see Bike24's Privacy Policy. § 15 Applicable law The entire legal relation between you and Bike24 is based on the German law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.