General Terms and Conditions of BIKE24
§ 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
§ 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 either by BIKE24 accepting your purchase offer by the dispatch of the good or, if you have selected pick-up at one of our pick-up points, by BIKE24 accepting your purchase by sending the pick-up notification. 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, english, spanish, french or italian language.
§ 4 Instructions on cancellation
Instructions for revocation
Right of revocation
You are entitled to revoke your offer to conclude a contract within thirty (30) days, with no necessity to state reasons. The period of thirty (30) days starts with the handing over of the goods to you or a third person you appointed, except the carrier.
In order to revoke your offer to conclude a contract, you need to declare clearly in writing the wish to revoke. A clear declaration can be done by conventional mail, fax or e-mail. You are welcome to use the sample request for revocation included. The on-time dispatch of the revocation will do to comply with the period for revocation.
The revocation 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 - 50
Fax: +49 (0) 351 / 417 497 - 79
impressum[at]bike24.net
Consequences of revocation
In case of a valid revocation, 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 14 days. This period starts with the day we receive your revocation 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 revocation request.
Return address:
Bike24 GmbH
Retourenabteilung
Breitscheidstr. 40
01237 Dresden
Germany
The period of revocation 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 revocation
§ 5 Sample request for revocation
Sample request for revocation
If you want to revoce your contract with us, please fill out this from and send it back to us:
Bike24 GmbH
Breitscheidstr. 40
01237 Dresden
Germany
Phone: +49 (0) 351 / 417 497 - 50
Fax: +49 (0) 351 / 417 497 - 79
impressum[at]bike24.net
- I/we(*) hereby declare the wish to revoke 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 the right of revocation
No such right to revoke exists for you
1. if you are not consumer in the sense of section 13 BGB (Civil Code). According to § 13 BGB a consumer is any natural person who enters into a legal transaction for purposes that that can predominantly be attributed neither to its commercial nor to its independent professional activity.
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.
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 Payment
If you are a buyer from Germany you can pay BIKE24 by PayPal, Amazon Pay, credit card (American Express, Mastercard, Visa), Sofortüberweisung, cash on delivery, advance payment or by invoice. Payment by invoice is not possible for new customers. BIKE24 is entitled to refuse the payment by invoice for individual customers or individual orders. We ask our customers from abroad to pay by credit card, PayPal, Amazon Pay or advance payment only.
Payment by credit card and PayPal will only be triggered off when the good is dispatched. With Express Checkout procedures like Amazon Pay or Paypal Express Checkout an immediate debit is possible.
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.
§ 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 5 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 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.