Our General Terms and Conditions
General Terms and Conditions
Table of Contents
1. Scope of Application
2. Conclusion of the Contract
3. Right to Cancel
4. Prices and Payment Conditions
5. Shipment and Delivery Conditions
6. Reservation of Proprietary Rights
8. Redemption of Campaign Vouchers
9. Redemption of Gift Vouchers
10. Applicable Law
11. Place of Jurisdiction
12. Code of conduct
13. Alternative dispute resolution
14. Supplementary General Terms and Conditions for ‘ratenkauf by easyCredit’
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of the company Bike Supply Fahrradhandel GmbH (hereinafter referred to as "Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client”) and the Seller relating to all goods and/or services presented in the Seller's online shop. The inclusion of the Client’s own conditions is herewith objected to, unless other terms have been stipulated.
1.2 These GTC apply accordingly to contracts for the delivery of goods with digital elements, unless otherwise provided. In this context, the Seller owes, in addition to the delivery of the goods, the provision of digital content or digital services (hereinafter "digital products") which are contained in or connected to the goods in such a way that the goods cannot fulfil their functions without them.
1.3 Regarding the purchase of vouchers, these GTC shall apply accordingly, unless expressly agreed otherwise.
1.4 For contracts regarding the delivery of vouchers, these GTC shall apply accordingly, unless expressly agreed otherwise.
1.5 A consumer pursuant to these GTC is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity.
1.6 A trader pursuant to these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
2) Conclusion of the Contract
2.1 The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.
2.2 The Client may submit the offer via the online order form integrated into the Seller's online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the shopping cart. The Client may also submit his offer to the Seller by e-mail or per online contact form.
2.3 The Seller may accept the Client’s offer within five days,
- by transferring a written order confirmation or an order confirmation in written form (fax or e-mail); insofar receipt of order confirmation by the Client is decisive, or
- by delivering ordered goods to the Client; insofar receipt of goods by the Client is decisive, or
- by requesting the Client to pay after he placed his order.
Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Seller not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.
2.5 If the Client chooses the payment method “Amazon Payments”, payments are processed by the payment service provider Amazon Payments Europe S.C.A., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter referred to as „Amazon“).
If the Client chooses “Amazon Payments” as payment method during the online ordering process, he, at the same time, makes a payment order to Amazon when initiating the payment transaction by clicking the button finalizing the ordering process. In this case, the Seller declares his acceptance of the Client’s offer at the time when the Client initiates the payment transaction by clicking the button finalizing the ordering process.
2.6 When submitting an offer via the Seller's online order form, the text of the contract is stored by the Seller after the contract has been concluded and transmitted to the Client in text form (e.g. e-mail, fax or letter) after the order has been sent. The Seller shall not make the contract text accessible beyond this. If the Client has set up a user account in the Seller's online shop prior to sending his order, the order data shall be stored on the Seller's website and can be accessed by the Client free of charge via his password-protected user account by specifying the corresponding login data.
2.7 Prior to submitting a binding order via the Seller’s online order form, the Client may recognize input errors by reading attentively the information displayed on the screen. The enlargement function of the browser to enlarge the display on the screen may be an effective method for better recognizing input errors.
The Client can correct all the data entered via the usual keyboard and mouse function during the electronic ordering process, until he clicks the button finalizing the ordering process.
2.8 The German and the English language are exclusively available for the conclusion of the contract.
2.9 Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client’s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. In particular, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.
3) Right to Cancel
3.1 Consumers are entitled to the right to cancel.
3.2 Detailed information about the right to cancel are provided in the Seller’s instruction on cancellation.
4) Prices and Payment Conditions
4.1 Unless otherwise stated in the Seller’s product description, prices indicated are total prices including the statutory sales tax. Delivery costs, where appropriate, will be indicated separately in the respective product description
4.2 Payment can be made using one of the methods mentioned in the Seller’s online shop.
4.3 If prepayment by bank transfer has been agreed upon, payment is due immediately after conclusion of the contract, unless the parties have arranged a later maturity date
4.4 If a payment method offered via the payment service "Unzer" is selected, the payment shall be processed via the payment service provider Unzer GmbH, Vangerowstraße 18, 69115 Heidelberg, Germany (hereinafter: "Unzer"). The individual payment methods offered via Unzer are communicated to the customer in the seller's online shop. For the processing of payments, Unzer may use the services of third party payment service providers, for which special payment conditions may apply, to which the customer may be informed separately. Further information on "Unzer" is available on the Internet at https://www.unzer.com/en/zahlungsmethoden/.
4.5 If the payment method "immediate bank transfer" is selected, payment processing is carried out via the payment service provider SOFORT GmbH, Theresienhöhe 12,80339 Munich (hereinafter referred to as "IMMEDIATE"). If he wants to be able to pay the invoice amount via “immediate bank transfer,” the Client must have an online banking account that is activated for participation in “immediate bank transfer”. Furthermore he must have the appropriate credentials during the payment process, and must confirm the payment instruction to IMMEDIATE . The payment transaction will be executed immediately afterwards and the Client’s bank account debited accordingly. Further information on the payment method “immediate bank transfer” can be called up by the Client at https://www.sofort.com/ger-DE/kaeufer/su/so-funktioniert-sofort-ueberweisung/.
4.6 If the payment method "Installment purchase by easyCredit" is selected, payment is processed via TeamBank AG Nürnberg, Beuthener Straße 25, 90471 Nürnberg (hereinafter referred to as "TeamBank AG"), to which the Seller assigns his payment claim. Before accepting the Seller's declaration of assignment, TeamBank AG will carry out a credit check using the Client data provided. The Seller reserves the right to refuse the Client the payment method "installment purchase by easyCredit" in case of a negative check result. If the payment method "Installment purchase by easyCredit" is permitted by TeamBank AG, the Client must pay the invoice amount to TeamBank AG at the conditions specified by the Seller, which are communicated to him in the Seller's online shop. In this case, he can only make payment to TeamBank AG with debt discharging effect. However, the Seller remains responsible for general customer enquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, declarations of revocation and revocation or credit notes, even in the case of assignment of claims. In addition, the General Terms and Conditions for Installment Purchase by easyCredit apply, which can be downloaded from the Internet at https://www.easycredit-ratenkauf.de/service-integration/marketingmaterial-schulung/allgemeine-geschaeftsbedingungen/
5) Shipment and Delivery Conditions
5.1 If the Seller offers to ship the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the Client unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing shall be decisive.
5.2 Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply, if the Client exercises his right to cancel effectively, if the delivery cannot be made due to circumstances beyond the Client's control or if he has been temporarily impeded to receive the offered service, unless the Seller has notified the Client about the service for a reasonable time in advance.
5.3 Personal collection is not possible for logistical reasons.
5.4 Vouchers will be provided to the Client as follows:
- by e-mail
5.5 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the Seller is not responsible for the non-supply and if he has concluded a concrete hedging transaction with the supplier. The Seller shall make all reasonable efforts to obtain the goods. In case of non-availability or partial availability of the goods he shall inform the Client and grant him immediately counterperformance.
6) Reservation of Proprietary Rights
If the Seller provides advance deliveries, he retains title of ownership to the delivered goods, until the purchase price owed has been paid in full.
7.1 Unless otherwise stipulated , the provisions of the statutory liability for defects shall apply. Deviating therefrom, the following shall apply to contracts for the delivery of goods:
7.2 If the Client acts as trader
- the Seller may choose the type of subsequent performance,
- for new goods, the limitation period for claims for defects shall be one year from delivery of the goods,
- for used goods, the rights and claims for defects are excluded,
- the limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects.
7.3 If the Client acts as a consumer, the following applies to contracts for the delivery of used goods subject to the restriction of the following clause: The limitation period for claims for defects is one year from the delivery of the goods if this was expressly and separately contractually agreed between the parties and it the Client was specifically informed of the shortening of the limitation period before submitting his contractual declaration.
7.4 The above-mentioned limitations of liability and shortening of the period of limitation do not apply
- to claims for damages and reimbursement of expenses of the Client,
- if the Seller has fraudulently concealed the defect,
- for goods which have been used in accordance with their customary use for a building and which have caused its defectiveness,
- for any existing obligation of the Seller to provide updates for digital products with respect to contracts for the supply of goods with digital elements.
7.5 Furthermore, for traders, the statutory limitation periods for any statutory right of recourse that may exist shall remain unaffected.
7.6 If the Client is a businessperson pursuant to section 1 of the German Commercial Code (HGB) he has the commercial duty to examine the goods and notify the Seller of defects pursuant to section 377 HGB. Should the Client neglect the obligations of disclosure specified therein, the goods shall be deemed approved.
7.7 If the Client acts as a consumer, the forwarding agent has to be immediately notified of any obvious transport damages and the Seller has to be informed accordingly. Should the Client fail to comply therewith, this shall not affect his statutory or contractual claims for defects.
7.8 The Seller shall not be liable for defects in the performance of the telecommunications contract for which the respective service provider is solely responsible. In this respect, the relevant statutory provisions and any deviating contractual conditions of the respective service provider shall apply.
8) Redemption of Campaign Vouchers
8.1 Vouchers which are issued by the Seller free of charge, for a specific period of validity in the context of promotional activities and which cannot be purchased by the Client (hereinafter referred to as "campaign vouchers”) can only be redeemed in the Seller’s online shop and only within the indicated time period.
8.2 Individual products may be excluded from the voucher campaign, if such a restriction results from the conditions of the campaign voucher.
8.3 In case of an order, several campaign vouchers can be redeemed.
8.4 The goods value should meet at least the amount of the campaign voucher. The Seller will not refund remaining assets.
8.5 If the value of the campaign voucher is not enough for the order, the Client may choose one of the remaining payment methods offered by the Seller to pay the difference.
8.6 The campaign voucher credit will not be redeemed in cash and is not subject to any interest.
8.7 The campaign voucher will not be redeemed, if the Client, in the context of his legal right to cancel, returns goods paid fully or partially by a campaign voucher.
8.8 Campaign vouchers are only intended for the use of the person designated on the voucher. Transferring the campaign voucher to a third party is not permitted. The Seller is entitled but not obliged to check the entitlement of the respective voucher owner.
9) Redemption of Gift Vouchers
9.1 Vouchers which can be purchased via the Seller’s online shop (hereinafter referred to as "gift vouchers") can only be redeemed in the Seller’s online shop, unless otherwise stipulated in the voucher.
9.2 Gift vouchers and remaining assets of gift vouchers can be redeemed by the end of the third year following the year of the gift voucher purchase. Remaining assets will be credited to the Client’s voucher account.
9.3 Gift vouchers can only be redeemed prior to the conclusion of the order procedure. Subsequent offsetting is not possible.
9.4 In case of an order, several vouchers can be redeemed.
9.5 If the value of the gift voucher is not enough for the order, the Client may choose one of the remaining payment methods offered by the Seller to pay the difference.
9.6 The gift voucher credit will not be redeemed in cash and is not subject to any interest.
10) Applicable Law
10.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his habitual residence.
10.2 With regard to the statutory right of cancellation, this choice of law does not apply to consumers who do not belong to a member state of the European Union at the time of the conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of the conclusion of the contract.
11) Place of Jurisdiction
If the Client is a businessman, a legal entity of public law or a separate estate under public law with its seat in the territory of the Federal Republic of Germany, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract. If the Client is domiciled outside the territory of the Federal Republic of Germany, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract provided that the contract or claims from the contract can be assigned to the Client’s professional or commercial activities. In any event however, regarding the aforementioned cases the Seller is entitled to call the court responsible for the seat of the Client.
12) Code of conduct
The Seller meets the quality standards of Trusted Shops, which can be viewed at www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf
13) Alternative dispute resolution
13.1 The EU Commission provides on its website the following link to the ODR platform: https://ec.europa.eu/consumers/odr.
This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.
13.2 The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.
14) Supplementary General Terms and Conditions for ‘ratenkauf by easyCredit’
The following supplementary General Terms and Conditions apply between you and the
merchant for all contracts with the merchant where the ‘ratenkauf by easyCredit’ installment
purchase solution (‘Ratenkauf’) is used.
In the event of conflict, the supplementary Terms and Conditions take precedence over the
merchant’s general terms and conditions.
Ratenkauf is available only to customers who are consumers as defined in section 13 of the
German Civil Code (BGB) and are over the age of 18.
With the support of TeamBank AG Nuremberg, Beuthener Strasse 25, 90471 Nuremberg,
Germany (‘TeamBank AG’), the merchant can offer you Ratenkauf as an additional payment
option for your purchase.
The merchant reserves the right to check your credit status. For more details, please see the
Ratenkauf data protection notice when you place your order. If Ratenkauf cannot be offered
because of your credit status or because the merchant’s revenue limit has been reached, the
merchant reserves the right to offer you an alternative payment option.
The Ratenkauf contract is formed between you and the merchant. There is no cash payment
with Ratenkauf; you choose to pay off the purchase price in monthly installments. Payments
are made every month for an agreed term, whereby the final installment may be different to
the previous installments. Ownership of the goods is not transferred until the purchase price
has been paid in full.
The receivables arising through the use of Ratenkauf are assigned by the merchant to
TeamBank AG under a rolling factoring contract. Only payments made to TeamBank AG have
the effect of discharging the debt.
The merchant is not subject to any supervision by a regulatory authority other than the general
supervisory authority for businesses (Gewerbeaufsicht). Complaints can be sent to the
merchant by letter or email.
14.3 Payment of Installments by SEPA Direct Debit
Through the SEPA direct debit mandate issued with Ratenkauf, you are authorizing TeamBank
AG to collect the payments due as a result of the installment purchase from the current account
you specified during the order process at the named bank by means of a SEPA direct debit.
Payments will be collected no sooner than on the date specified on the pre-notification.
Payments may also be collected shortly after that date.
If the purchase price is reduced between the pre-notification and the due date (e.g. due to
amounts being credited), the debited amount may differ from that stated in the pre-notification.
You must ensure that your current account contains sufficient funds at the time the payment
is due. Your bank is not required to honor the direct debit request if your account does not
contain sufficient funds.
If the direct debit is returned due to insufficient funds in the current account or an unjustified
rejection by the account holder, or because the current account has been closed, you will be in default (without separate demand notice), unless the direct debit is returned due to
circumstances beyond your control.
Costs charged to TeamBank AG by your bank for a direct debit returned for reasons for which
you are responsible may be claimed from you by TeamBank AG as damages and must be
reimbursed by you. You are entitled to show that TeamBank AG suffered a smaller loss or no
loss at all.
If you are in default, TeamBank AG is entitled to charge a reasonable fee for each demand
notice or default interest in the amount of five percentage points above the prevailing base rate
of the European Central Bank.
Because of the high costs associated with a returned direct debit, we would ask you not to
reject the SEPA direct debit if you cancel the contract, return the goods or make a complaint.
In these cases, the payment is reversed in agreement with the merchant by means of a reverse
transfer of the relevant amount or in the form of a credit note.
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
Bike Supply Fahrradhandel GmbH
DE 79576 Weil am Rhein
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*)
Ordered on _________________ (*)/received on (*) _________________
Name of consumer(s) ___________________________________
Address of consumer(s)
Signature of consumer(s)
(only if this form is notified on paper) ____________________________
(*) Delete as appropriate.
Identity of the seller
Bike Supply Fahrradhandel GmbH
DE 79576 Weil am Rhein
Out-of-court dispute resolution to Art. 14 para. 1 of Regulation ODR
The European Commission provides a platform for online dispute resolution which you can find under https://ec.europa.eu/consumers/odr/.
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