General Terms and Conditions of Bike24 GmbH - valid from 13 June 2014

General Terms and Conditions of Bike24 GmbH - valid from 13 June 2014

§ 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 Breitscheidstr. 40, 01237 Dresden, Germany (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 Breitscheidstr. 40, 01237 Dresden, Germany. If a contract is concluded (see § 3), Bike24 GmbH shall be your partner to the contract.

Bike24 GmbH
Breitscheidstr. 40
01237 Dresden
Germany

Phone: +49 (0) 351 / 417 497 - 50
Fax: +49 (0) 351 / 417 497 - 79

E-mail: info@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.

The purchase contract can be concluded in german or english language.

§ 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 14 days, with no necessity to state reasons. The period of 14 days starts with the handing over of the goods to you or a third person you appointed, except the carrier.

In order to cancel your offer to conclude a contract, you need to declare clearly in writing the wish to cancel. A clear declaration can be done by conventional mail, fax or e-mail. You are welcome to use the sample request for cancellation included. The on-time dispatch of the cancellation 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
Breitscheidstr. 40
01237 Dresden
Germany

Phone: +49 (0) 351 / 417 497 - 0
Fax: +49 (0) 351 / 417 497 - 79
E-mail: info@bike24.net

Consequences of cancellation

In case of a valid cancellation, we are returning all payments we received from you, including delivery costs (exempted are delivery costs, which result from a different shipping method than our standard, most cost effective shipping fee) within a 14 day time period. This period starts with the day we receive your cancellation request. Refunds will be done by the same payment method chosen when making the order unless otherwise agreed. By no means will we be charging fees for refunds. We can refuse refunds until the goods are back in our hands or you can proof the goods have indeed been shipped back to us, whichever point in time is the earliest.

You are obliged to ship items back to us without delay and at the latest 14 days from the day you informed us of the cancellation request.

Return address:

Bike24 GmbH
Retourenabteilung
Breitscheidstr. 40
01237 Dresden
Germany

The period of cancellation is complied with if you send the goods back within 14 days of receiving them. We pay for shipments back to us.

Worsening of the goods and benefits made from that use only have to be compensated for if the use or the worsening of the goods are a result of using the goods to an extend which goes beyond the check of the features or function.

End of instructions on cancellation

§5 Sample request for cancellation

Sample request for cancellation

If you want to cancel your contract with us, please fill out this from and send it back to us.

Bike24 GmbH
Breitscheidstr. 40
01237 Dresden
Germany

E-mail: info@bike24.net
Phone: +49 (0) 351 / 417 497 - 0
Fax: +49 (0) 351 / 417 497 - 79

- I/we(*) hereby declare the wish to cancel the buying contract of the following products(*)/ fulfillment of services(*)

- Ordered on(*)/received on(*)

- Name of customer(s)

- Address of customer(s)

- Signature of customer(s) (only if done by letter)

- Date

____________________________
(*) Please delete where inapplicable.

§ 6 Exclusion of right to cancel

No such right to cancel exists for you

1. if you are not consumer in the sense of section 13 BGB (Civil Code).
2. if goods have been custom build or assembled to your specifications, as long as the single parts can only be separated with disproportional efforts or with significant adverse effects on function or condition of the parts.
3. in the case of data media with audio or video recording or software, if you have unsealed the data medium.

§ 7 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.

§ 8 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.

§ 9 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), PayPal, advance payment or on account. Bike24 is entitled to refuse electronic direct debiting or payment on account for individual customers or individual orders. We ask our customers from abroad to pay by credit card, PayPal or advance payment only.

Payment by credit card, PayPal 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.

§ 10 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.

§ 11 Reminder fees

If you do not pay the purchase price after the first reminder, Bike24 is entitled to charge a reminder fee of 5 EUR for the second reminder.

§ 12 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.

§ 13 Retention of title

The good remains the property of Bike24 until full payment.

§ 14 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.

§ 15 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.

§ 16 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.