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General terms and conditions

1. Scope, definitions

(1) For the business relations between the provider

TecBike GmbH
Krummenstrasse 6
72131 Ofterdingen
Germany

 

(hereinafter referred to as the Provider) and the Customer in his capacity as a consumer (hereinafter referred to as the Customer), the following General Terms and Conditions of Business shall apply exclusively in the version valid at the time of the order.

(2) The customer is a consumer insofar as the purpose of the ordered delivery and service cannot be attributed to his commercial or independent professional activity.

(3) The customer is an entrepreneur, insofar as he acts as a natural or legal person or a partnership with legal capacity, when concluding the contract in the exercise of his commercial or independent activity.

2. Conclusion of the contract and storage of the contract text

(1) The customer can select products from the provider's range of products and collect them in a so-called shopping cart by clicking the button "add to cart". The contents of the shopping cart can be determined at any time by clicking the "Shopping Cart" button. The customer can view the data contained therein (e.g. the number of items) at any time and change it if necessary or remove it from the shopping cart by clicking on the "Delete" button. There is no binding order for these products, with a minimum order value of EUR 10 per order. The continuation of the ordering process is therefore only possible when the minimum order value in the shopping cart has been reached.

(2) By clicking on the button "Checkout" the customer is taken to the order overview again, where all data is listed again. Before sending the order, the customer has the opportunity to check all details (e.g. name, address, shipping, payment method and ordered items) again and, if necessary, to change or cancel the purchase using the "back" function of your Internet browser. Only by clicking the "Buy" button does the customer submit a binding request to purchase the goods in the shopping cart. However, the application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by clicking on the "Accept GTC" button and thereby included them in his application.

(3) The provider will then send the customer an automatic confirmation of receipt by email, in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic confirmation of receipt documents that the order of the customer has been received by the provider and at the same time represents the acceptance of the application. The contract is thus concluded.

(4) The text of the contract (order data and general terms and conditions) is stored by the seller and can therefore be made available to the buyer on request. Irrespective of this, the buyer receives all relevant data of the order by e-mail, which can be saved and printed.

3. Delivery and availability of goods

(1) The delivery time is one to three working days. The supplier expressly points out any deviating delivery times to the customer on the respective product page.

(2) If the ordered product is not available through no fault of the provider after order confirmation due to lack of self-supply, the provider will inform the customer immediately. In the event of a subsequent delivery delay of more than seven days, the customer shall then have the right to withdraw from the contract. In this case, the provider is also entitled to withdraw from the contract and will immediately refund any payments already made by the customer.

(3) If the customer is an entrepreneur, the following conditions shall also apply:

The provider reserves the right to make partial deliveries. The dispatch of the ordered goods is at the risk of the customer, unless the delivery is made by the supplier himself. The transfer of risk shall take place at the time the goods are handed over to the shipping company commissioned with dispatch.

The customer must claim visible transport damages immediately upon acceptance of the goods, hidden transport damages within fourteen days after discovery at the latest, in writing to the delivering shipping company.

4. Prices and shipping costs

(1) All prices which are stated on the website of the provider are inclusive of the applicable statutory value added tax and other price components.E.g. in the case of intra-Community acquisitions and/or duties (e.g. customs duties) which are to be paid by the buyer directly to the customs or tax authorities responsible there and not to the supplier

(2) In addition to the indicated prices, shipping costs shall be charged for the delivery. The shipping costs are clearly indicated to the customer separately on the product pages, in the shopping cart system and on the order page and are to be borne by the customer.

 

5. Terms of payment

(1) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, he shall pay the Provider default interest at a rate of 5 percentage points above the base rate.

(2) The obligation of the customer to pay interest on arrears does not exclude the assertion of further damages caused by default by the provider.

6. Warranty for material defects

(1) The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. The buyer is entitled to the regular legal warranty rights for goods of the supplier.

(2) If the customer is an entrepreneur, the following conditions apply in addition: The warranty period for new goods delivered by the supplier is only twelve months. For used goods the warranty is excluded altogether. Claims for damages within the meaning of § 8 of these General Terms and Conditions remain unaffected. The statutory duties of inspection and notification of defects within the meaning of § 377 HGB (German Commercial Code) shall apply.

7. Retention of title

(1) The delivered goods remain the property of the supplier until full payment has been received.

(2) If the customer is an entrepreneur, the following conditions shall also apply:

a) The Customer shall be entitled to resell the object of purchase in the ordinary course of business; however, the Customer hereby assigns to the Supplier all claims in the amount of the invoice amount on which the contract is based, which accrue to the Customer from a resale against its purchaser or third parties, irrespective of whether the object of purchase has been resold without or after processing. The customer remains authorised to collect this claim even after the assignment. The authority of the provider to collect the claim himself remains unaffected. However, the provider undertakes not to collect the claim as long as the customer fulfils his payment obligations, does not default on payment and in particular no application for the opening of insolvency proceedings has been made or payments have been suspended. If this is the case, the customer must inform the provider of the assigned claims, provide all information necessary for collection, hand over the relevant documents to the provider and inform the debtor (third party) of the assignment.

b) A processing or transformation of the purchased item by the customer is always carried out for the supplier. If the object of purchase is processed with other objects not belonging to the Provider, the Provider shall acquire co-ownership of the newly created object in proportion to the value of the object of purchase to the other processed objects at the time of processing. The same applies to the object resulting from the processing as to the object of sale delivered under reservation.

8. Liability

(1) Claims of the customer for damages are excluded. Excluded are claims for damages of the customer from injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as the liability for other damages, which are based on an intentional or grossly negligent breach of duty of the provider, his legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.

(2) In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, body or health. Any liability according to the product liability law remains unaffected.

(3) The restrictions of paragraph 1 and paragraph 2 also apply in favour of the legal representatives and vicarious agents of the provider, if claims are made directly against them.

9. Final provisions

(1) The law of the Federal Republic of Germany shall apply to contracts between the provider and the customers, excluding the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

(2) Contract language is German. The place of jurisdiction is the buyer's place of residence. If the buyer is an entrepreneur, the place of jurisdiction is at the registered office of the supplier.

(3) The contract remains binding in its remaining parts even if individual points are legally ineffective.

Status: 22.08.2017

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