Conditions of UseThe following terms and conditions are written in English as a courtesy to the Customer. The official contract language is German and any conflict between German text and this English text shall be resolved in favor of the German text. If desired, the Customer may send an e-mail to firstname.lastname@example.org requesting a copy of these terms and conditions in digital or written form. These terms and conditions are also presented to the customer prior to finalization of the contract and a copy is included with all outgoing shipments of goods.
BIKE SERVICE operates this online store for commercial purposes. This online store allows BIKE SERVICE to sell goods over the Internet -- in particular, bikes, bike parts, and clothing.
§ 1 Scope of these Terms and Conditions
The sale of goods through BIKE SERVICE's online store are performed exclusively on the basis of the following terms and conditions. Neither this Agreement nor any provision hereof may be amended, modified, or waived unless approved in writing by BIKE SERVICE.
The masculine form is used in these Terms and Conditions in order to simplify the text and applies equally to female customers and legal entities.
These Terms and Conditions are written in English as a courtesy to the Customer. The official contract language is German and any conflict between the German text and the English text shall be resolved in favor of the German text.
§ 2 Retail Customers and Business Clients
Both retail customers and business clients are considered customers. Unless otherwise stated, these Terms and Conditions apply equally to both types of parties.
A "retail customer" is any natural person who purchases something for a purpose that is neither commercial nor attributable to his profession or business.
A "business client" is a natural or legal person or a legal partnership, that purchases something for a purpose that is commercial or attributable to his/its profession or business. A legal partnership is a partnership that has the capacity to acquire rights and incur liabilities.
§ 3 Product Selection and Correction Notice
BIKE SERVICE's Online Shop offers the customer the ability to select and order products. While completing his order, the customer is presented with a separate product description for each product ordered. A shipping list containing said products and descriptions is also included in every shipment.
To purchase something, the customer searches for the desired product and places it in his virtual shopping cart. When finished shopping, but before finalizing the order, the customer is presented with a summary of all products contained in his shopping cart and a subtotal including value added tax and packing costs.
Shipping costs are extra and are determined by product and/or order amount. They are clearly shown on the cost summary presented to the customer before finalization of his order.
At any time before submitting the order, the customer may edit the contents of his shopping basket by clicking on the shopping cart link at the top of the website. During the order confirmation process, the customer has multiple opportunties to change the products in his shopping cart and/or personal information. The customer can cancel the order process at any time by simply closing the browser window. The purchaser finalizes the order and sends it to BIKE SERVICE by clicking on the "Confirm Order" button at the bottom of the order confirmation summary page.
§ 4 Conclusion
The products and prices displayed by BIKE SERVICE on its Online Shop are non-binding invitations for the customer to make an offer to buy goods.
By clicking on the "Confirm Order" button the customer is making a binding offer to conclude a sales contract. The order confirmation email received shortly after the customer has sent the order to BIKE SERVICE (by clicking "Confirm Order") does not constitute acceptance of customer offer to buy goods.
BIKE SERVICE has three (3) business days to accept the customer's offer via e-mail, SMS, fax or telephone. If BIKE SERVICE has not contacted the customer after three (3) business days, the customer is no longer bound by his offer.
If the customer has chosen to pay by bank transfer, the acceptance period mentioned above shall be extended to a total of 7 days.
§ 5 Storage of Order Data
The customer's order data, with details of the contract entered into (e.g. product, price, shipping address, etc.), is stored electronically by BIKE SERVICE (in accordance with applicable data protection laws). If registered, the customer can see all previous orders in the "My Account" area of the webshop.
§ 6 Prices
The price of goods purchased via BIKE SERVICE's Online Shop are those existing in the Webshop's database at the time the customer clicks on the "Confirm Order" button.
All prices are quoted ex-BIKE SERVICE's principal place of business in Eisenach. They include value added tax, but exclude shipping costs. The buyer will receive an invoice, with value added tax shown separately, when the goods purchased are delivered.
Prices do not include shipping costs, which are calculated based on the products selected and the information provided by the customer during the ordering process. The customer is responsible for paying all foreign (i.e., outside Germany) taxes, fees and customs duties. All shipping costs (but not foreign taxes, fees and customs duties) are shown separately on the order summary presented to customer immediately before sending his order confirmation.
§ 7 Confirmation of Receipt
BIKE SERVICE acknowledges receipt of the customer's order with an email stating that his order was received. Said email does not constitute acceptance by BIKE SERVICE of the customer's offer to buy goods.
§ 8 Payment
For purchases involving delivery BIKE SERVICE accepts the following forms of payment: bank/wire transfer, Paypal and Masterpayment.
When paying by bank/wire transfer the customer will receive an email from BIKE SERVICE containing the exact invoice data and transfer information. When wiring the money the customer must enter the invoice number and customer ID in the comment/purpose field of the transfer, so BIKE SERVICE can correctly apply the payment to the customer's account.
§ 9 Cancellation Policy
Right of Revocation
You have the right to cancel this contract without reason within 14 days. The right-of-revocation period is 14 days and begins on the day that you or a specified third party (other than the carrier) takes possession of the last of all ordered merchandise.
To exercise your right of revocation, you must inform us (Bike Service, owner Sören Hilpert, An der Karlskuppe 11, 99817 Eisenach, Phone: 03691/888 308, Fax: 03691/888 307, email: email@example.com) by means of a clear declaration (e.g. mail, fax or e-mail) about your decision to withdraw from this contract. You may use the attached model right-of-revocation form provided below, but doing so is not compulsory.
The sending of your communication concerning the exercise of your right of revocation before expiration of the 14-day revocation period is sufficient to preserve your right of revocation.
Consequences of Revocation
If you withdraw from this contract, we will reimburse all payments we have already received from you without delay, and in any event, no later than 14 days from the date on which the right of revocation notice was received by us. This also included all shipping costs; with the exception of the additional costs associated with a non-standard, express method of delivery. Unless otherwise expressly agreed to by both parties, we will use the same method of payment that you used in the original transaction to refund your payment. You will not be charged any repayment fees. We may withhold reimbursement until we have received the merchandise, or until you have demonstrated that the merchandise has been sent back, whichever is earlier.
The merchandise must be immediately returned, and in any event, no later than 14 days from the date you informed us about the revocation of the contract. In order to satisfy the 14-day deadline, the merchandise need only be sent within the 14 days and not necessarily received by us. You are responsible for preparing the merchandise for shipping. The merchandise should be re-packed in the same manner as is it was shipped to you. You shall bear the cost of returning the merchandise.
You shall only be liable for any diminished value of the merchandise, if the diminished value resulted from the handling of the merchandise in a manner other than what was necessary to ascertain the nature and functioning of the merchandise.
Sample Right-of-Revocation Form
To exercise your right of revocation and withdraw from the contract, please fill out the following form and send it back to us.
An der Karlskuppe 11
Telefon: 03691 / 888 308
Telefax: 03691 / 888 307
I/we hereby revoke the completed contract for the purchase of the following merchandise:
Article number: ……………………………….
Article name: ……………………………..
Article number: ……………………………….
Article name: ……………………………..
Article number: ……………………………….
Article name: ……………………………..
Ordered on: ……………………………..
Last name / first name: ………………………………………….
Street and house number: ………………………….…………..
Postal code: ……………………………………….
Date / Signature: ……………………………………….
§ 10 Limitation of Warranty
Warranty for Retail Customers
For Retail Customers, all NEW merchandise sold by BIKE SERVICE is covered by the statutorily required two-year guarantee.
For Retail Customers, all warranty claims relating to USED merchandise are barred after one year from the delivery of said merchandise to the customer. Exceptions include: claims for compensation, claims for defects that BIKE SERVICE fraudulently concealed, and claims related to a guarantee BIKE SERVICE has made regarding the properties of an item. Claims under the German Product Liability Law that are in conflict with this section shall remain undisturbed. For the claims listed above as exceptions, the earliest statutorily-allowed time limits shall apply.
Warranty for Business Clients
For Business Clients, all warranty claims relating to merchandise are barred after one year from the delivery of said merchandise to the customer. Exceptions include: claims for compensation, claims for defects that BIKE SERVICE fraudulently concealed, and claims related to a guarantee BIKE SERVICE has made regarding the properties of an item. Claims under the German Product Liability Law that are in conflict with this section shall remain undisturbed. Also excluded is the right of recourse pursuant to Section 478 of the German Civil Code. For the claims listed above as exceptions, the earliest statutorily-allowed time limits shall apply.
§ 11 Limitation of Liability
BIKE SERVICE excludes liability for slightly negligent breaches of duty insofar as they are not significant infringements/violations of the contract terms, liability due to injury of life, body, health and guarantees, or a claim based on German Product Liability laws. The same applies to breaches of duty of BIKE SERVICE's agents and their legal representatives. Significant contractual terms include, in particular, the duty to provide and transfer ownership of the merchandise to the customer. BIKE SERVICE also warrants that the goods is free from material defects and defects of title.
§ 12 Transfer of Risk during Transport
The purchased goods will be shipped to the address provided during the online ordering process.
If a business client requests that goods be dispatched to a place other than the place of performance, the risk shall pass to the business client as soon as BIKE SERVICE has handed the goods over to the shipping company, carrier or person or charged with carrying out the dispatch.
For Retail Customers, the statutory provisions found in the German Civil Code relating to transfer of risk during transport shall apply.
§ 13 Reservation of Title
The merchandise shall remain the property of BIKE SERVICE until it has been paid for in full.
§ 14 Liquidated Damages in Case of Exercised Right of Withdrawal
BIKE SERVICE has a statutory right of withdrawal, and when said right is exercised because of the customer's culpable acts or inaction (e.g., due to default of acceptance by the customer if all of the conditions of cancellation are met), BIKE SERVICE shall be entitled to liquidated damages in the amount of 10% of the purchase price. In any event, the customer retains the right to prove damages of lesser amount and BIKE SERVICE damages of greater.
§ 15 Contract Language
The contract language is exclusively German.
§ 16 Applicable Law, Place of Performance and Jurisdiction
The contractual relationship between the customer and BIKE SERVICE shall be governed by the substantive law of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
The above paragraph does not apply to customers residing outside of Germany, insofar as it would revoke a legal protection granted by mandatory provisions of the law of the country of the customer's primary residence.
For Business Clients, the place of performance and jurisdiction for all disputes arising under this contract is BIKE SERVICE'S principal place of business.
§ 17 Severability Clause
The invalidity or unenforceability of any provisions of these Terms and Condtions shall not affect the validity or enforceability of any other provision of this Agreement. If a provision is found to be invalid, illegal or incapable of being enforced, BIKE SERVICE and the customer shall negotiate in good faith to modify the Terms and Conditions so as to effect the original intent of the parties as closely as possible.
State of the Terms and Conditions 09/04/2016