|
§ 1 Scope
Only the following General Terms and Conditions as amended at the time of the purchase order apply to the business relation between Bike24 GmbH, of Enderstraße 94, 01277 Dresden (Bike24) and Buyer. Bike24 GmbH (hereinafter referred to as Bike24) will not accept any deviating conditions of Buyer 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 the Buyer's partner to the contract.
Bike24 GmbH
www.bike24.net
Enderstraße 94
01277 Dresden
Phone: +49 (0) 351 / 417 497 - 0
Fax: +49 (0) 351 / 417 497 - 79
Email: info@bike24.net
§ 3 Conclusion of the contract
By his purchase order, Buyer submits a binding offer to conclude a contract, to Bike24. The purchase contract is caused by Bike24 accepting the purchase offer of Buyer, by the dispatch of the good or by express acceptance (e-mail notification of dispatch or e-mail acceptance with advance payment, respectively). The automatic confirmation e-mail to Buyer after the receipt of the purchase order does not constitute an acceptance by Bike24. It only confirms that Bike24 received the offer of Buyer to purchase.
The text of the contract is stored. Buyer at any time is able to visualise or download Bike24's General Terms and Conditions on this site. For security reasons, the purchase order data of Buyer can not be called on the Internet and are treated confidential in accordance with Bike24's provisions on data protection.
Instructions on cancellation
§ 4 Instruction on Buyer's right to cancel
Buyer is entitled to cancel his offer to conclude a contract within 2 weeks upon having received the good, with no necessity to state reasons, in text form (e.g. by letter, fax, or e-mail), or by returning the good. This period starts on receipt if these instructions at the earliest. The on-time dispatch of the good or cancellation respectively will do to comply with the period for cancellation. The cancellation period shall not begin before Buyer is instructed on Buyer's right to cancel.
The cancellation has to be addressed to:
| (Address where also court documents can be served to) | Bike24 GmbH |
| Enderstraße 94 |
| 01277 Dresden |
| (Email) | service@bike24.net |
| (Fax) | +49 (0) 351 / 417 497 - 79 |
No such right to cancel exists for buyers that are entrepreneurs in the sense of section 14, subsection 1 BGB (Civil Code) and thus act in the performance of their business or freelance activity.
No right to cancel shall exist for any goods made or assembled especially in accordance with customer requirements. Thus, e.g., no right to cancel exists for bicycles assembled especially in accordance with customer requirements.
§ 5 Instruction on the consequences of cancellation
In case of a valid cancellation, the bilaterally received performances have to be returned, as are any possible benefits of use. If Buyer is not able to return the performance received from Bike24 at all or not completely or only in a worsened condition, Buyer has to compensate Bike24 to this extent. This shall not apply if the worsening of the good is exclusively based on a check that he would be able to make in a shop, for example. Moreover, Buyer may prevent his obligation to compensate the value by not using the good as an owner would use it and by omitting everything that affects its value.
Bike24 in the event of an on-time exercise of the right to cancel shall reimburse the purchase price already paid, within 30 days after the good is received back at Bike24. Buyer is obligated to return the goods (himself) that can be sent as a parcel. Any goods that cannot be sent as a parcel will be collected at Buyer's, by Bike24. Buyer has to address the consignment to:
Bike24 GmbH
Enderstraße 94
01277 Dresden
If the good supplied is in conformity with the ordered one and at a return out of a delivery the order value of which is up to 40 EUR in total, Buyer has to bear the cost of the return. Otherwise, the return is free of charge for Buyer.
In the case of a partial cancellation, Bike24 will be entitled to claim the subsequent payment of the shipping cost (of the original delivery by Bike24 to Buyer) if the order value remaining after the cancellation (original order value less order value cancelled) stays below the relevant limit for shipping cost and no shipping cost were charged (for the purchase order).
|
§ 6 Delivery, later delivery
If not otherwise agreed, the delivery will be made to the delivery address indicated by Buyer. 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 to Buyer that a product not available at this time will be sent to Buyer on a later date, as soon as available (later delivery). Buyer, with later deliveries, will not pay any further shipping cost or fees for cash on delivery.
§ 7 Exchange
Bike24 is not obligated to exchange faultless goods. Bike24 will normally comply with the request of Buyer to exchange, as far as it is possible. Bike24 shall be entitled to claim additional shipping cost for the 2nd shipment. The right of Buyer to cancel (compare §4 and §5) is not limited or excluded in any way by this provision.
§ 8 Payment
Buyers from Germany can pay Bike24 by cash on delivery, electronic direct debiting, credit card (American Express, Eurocard/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, Buyer will transfer the money directly into our bank account in advance. Buyer, please, shall not transfer the money before Bike24 confirmed the availability of the product in a binding way. Please keep in mind that bank fees to be borne by Buyer might be charged with advance payments (especially from abroad). Bike24 has to receive the total invoice amount. The bank account number for the transfer will be sent together with the confirmation of availability.
If Buyer wants cash on delivery for paying, Bike24 can subsequently change the payment condition to payment per invoice that is cheaper for Buyer.
§ 9 Due date and delay
The purchase price will become due immediately on the conclusion of the contract. If Buyer is delayed with paying, Bike24 is entitled to charge interest on defaulted payment.
§ 10 Reminder fees
If Buyer does 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
Buyer shall only be entitled to offset if Buyer.s counterclaims are res judicata or acknowledged by Bike24. In addition, Buyer shall only be entitled to exercise Buyer's right of retention if Buyer's 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. The warranty claims of Buyer are limited to subsequent compliance (removal of defects or replacement) in the first place.
Unless otherwise stated below, any further claims of Buyer 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 of Buyer. 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 Buyer raises 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) transfer to process customer data.
By placing the purchase order, Buyer declares to agree that Bike24 stores, processes, and uses in the scope of the customer relation Buyer's personal data contained in the purchase order. Bike24 will not pass on Buyer's personal data to third parties.
§ 15 Applicable law
The entire legal relation between Buyer Bike24 is based on the German law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
|
