1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Bike-Evolution GmbH (hereinafter referred to as "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller concerning the goods presented by the Seller in his online shop. The inclusion of the customer's own conditions is hereby contradicted, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity.
1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller but serve for the submission of a binding offer by the Customer.
2.2 The customer can submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer concerning the goods in the shopping cart by clicking the button that concludes the ordering process.
2.3 The Seller can accept the Customer's offer within five days by
If several of the aforementioned alternatives are present, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends on the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.
2.5 When submitting an offer via the Seller's online order form, the contract text is saved by the Seller after the conclusion of the contract and sent to the customer in text form (e.g. email, fax, or letter) after the customer has sent their order. The Seller does not provide any further access to the
2.6 Before submitting the order bindingly via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser's zoom function, which enlarges the display on the screen. The customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.
2.7 The contract is concluded exclusively in the German language.
2.8 The order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at this address. In particular, the customer must ensure that, when using SPAM filters, all emails sent by the seller or by third parties commissioned by the seller with the order processing can be delivered.
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal policy.
3.3 The right of withdrawal does not apply to consumers who, at the time of the conclusion of the contract, do not belong to any member state of the European Union and whose sole residence and delivery address are outside the European Union at the time of the conclusion of the contract.
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include the statutory value-added tax. Any additional delivery and shipping costs that may apply will be indicated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for transferring money through credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also be incurred in relation to the transfer of money even if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the customer in the Seller's online shop.
4.4 If advance payment by bank transfer is agreed, payment is due immediately after the conclusion of the contract, unless the parties have agreed on a later due date.
4.5 When selecting a payment method offered through the payment service "PayPal," the payment processing is carried out via PayPal, which may also use the services of third-party payment service providers. If the seller also offers payment methods via PayPal in which he delivers to the customer in advance (e.g., purchase on account or installment payment), he assigns his payment claim to PayPal or the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the assignment declaration of the seller, PayPal or the payment service provider commissioned by PayPal will carry out a credit check using the submitted customer data. The seller reserves the right to refuse the selected payment method to the customer in the case of a negative test result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, the customer can only make payments with debt-discharging effect to PayPal or the payment service provider commissioned by PayPal. However, the seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, dispatch, returns, complaints, revocations and submissions, or credits, even in the case of the assignment of claims.
When selecting the payment method "SOFORT," the payment processing is carried out via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). To pay the invoice amount via "SOFORT," the customer must have an online banking account enabled for participation in "SOFORT," identify themselves accordingly during the payment process, and confirm the payment instruction to "SOFORT." The payment transaction will be carried out immediately afterward by "SOFORT," and the customer's bank account will be debited. The customer can find more information about the payment method "SOFORT" on the Internet at https://www.klarna.com/sofort/.
5.1 If the seller offers shipping of the goods, delivery will be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing is decisive for the transaction.
5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer bears the reasonable costs incurred by the seller as a result. This does not apply to the costs of the initial shipment if the customer effectively exercises their right of withdrawal. In the case of effective exercise of the right of withdrawal by the customer, the provision made in the seller's withdrawal policy regarding return costs applies.
5.3 If the customer is acting as a business, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the goods to the forwarding agent, carrier, or other person or institution designated for the execution of the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally only passes to the customer or an authorized recipient upon handover of the goods. However, the risk of accidental loss and accidental deterioration of the goods sold also passes to the consumer as soon as the seller has delivered the goods to the forwarding agent, carrier, or other person or institution designated for the execution of the shipment, if the customer has commissioned this person or institution for the execution and the seller has not previously named this person or institution to the customer.
5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if the non-delivery is not the responsibility of the seller and the seller has concluded a specific covering transaction with the supplier with due care. The seller will make every reasonable effort to obtain the goods. In the event of non-availability or partial availability of the goods, the customer will be informed immediately and any consideration will be refunded immediately.
5.5 Collection by the customer is not possible for logistical reasons.
If the seller provides advance performance, they retain ownership of the delivered goods until the full purchase price owed has been paid.
7.1 Unless otherwise stated in the following provisions, the statutory defect liability regulations apply. In deviation from this, the following applies to contracts for the delivery of goods:
7.2 If the customer is acting as a business,
7.3 The liability limitations and deadline reductions specified above do not apply
7.4 In addition, for businesses, the statutory limitation periods for any existing legal recourse claims remain unaffected.
7.5 If the customer is acting as a merchant within the meaning of § 1 HGB (German Commercial Code), they are subject to the commercial examination and notification obligation according to § 377 HGB. If the customer fails to comply with the notification obligations regulated therein, the goods are considered approved.
7.6 If the customer is acting as a consumer, they are asked to claim delivered goods with obvious transport damage to the deliverer and to inform the seller about it. If the customer does not comply with this request, it has no effect on their statutory or contractual defect claims.
8.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.
8.2 Furthermore, this choice of law does not apply to the statutory right of withdrawal for 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 residence and delivery address at the time of the conclusion of the contract are outside the European Union.
If the customer is acting as a merchant, a legal entity under public law, or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer's registered office is outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is in any case entitled to call the court at the customer's registered office.
10.1 The European Commission provides an online dispute resolution platform, available at the following link: https://ec.europa.eu/consumers/odr https://ec.europa.eu
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
10.2 The seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
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