General Terms and Conditions
§ 1 General, Customers, Language
- All offers, sales contracts, deliveries and services made on the basis of any orders by our customers (each, a „Customer“) through our online shop www.bikehit.de (the „Online Shop“) shall be governed by these general terms and conditions of sale (the „General Terms and Conditions“).
- For the purpose of these General Terms and Conditions, (i) a „Consumer“ is any individual entering into the contract for a purpose not related to his or her business, trade or self-employed professional activity (Sec. 13 of the German Civil Code), and (ii) a „Business Customer“ is an individual, company or partnership vested with legal capacity who enters into the relevant contract in the conduct of its business or its self-employed professional activity (Sec. 14 (1) of the German Civil Code).
- Standard business conditions of the Customer do not apply, regardless of whether or not we expressly object to them in a particular case.
- Our contracts with the Customer shall be made exclusively in the German or English language, in each case depending on whether the Customer makes the relevant purchase on our English language or on our German language website. Therefore, if the order is made on our German website, exclusively the German version of these General Terms and Conditions shall be relevant. If the order is made on our English website, exclusively the English version of these General Terms and Conditions shall be relevant.
§ 2 Object of agreement
- Object of the agreement of every contract is the sale of goods through the Online Shop www.bikehit.de to the Customer, especially the sale of bicycles, accessories, components and clothes
- All offers on www.bikehit.de are binding offers to contract a purchase of the correspondent good.
§ 3 Conclusion of Contract
- The customer can order a product through www.bikehit.de as follows:
a. As a new customer the Customer can order goods which are put to the basket or as a guest or as a customer after registration.
b. As guest the Customer order the goods of the basket by clicking the button “…”. Afterwards he fill in the spaces marked with a star as obliged customer information to authenticate himself. Then the Customer clicks again the button „Proceed to Checkout“.
c. Afterwards the Customer reviews his address information and clicks after a possible modification the button „Continue“.
d. In the next step the Customers chooses the way of delivery and confirms the general terms and conditions and click „Continue“.
e. Afterwards the Customer chooses the method of payment by pressing the button of the chosen one.
f. In the last step the Customer releases a binding order by clicking the button “Order with an obligation to pay”. The offer of www.bikehit.de concerning the chosen conditions is accepted by this click. With this click is agreed a binding purchase contract about the chosen goods.
g. For new Customers who are registrating the first time, the procedure above is valid with the difference that the personal information will be saved via clicking „Continue“.
h. The Customer can change his personal information till the conclusion of the contract at any time. After conclusion of the contract is necessary a message to www.bikehit.de. Changes of address information are considered left to discretion of www.bikehit.de.
- www.bikehit.de sends a confirmation e-mail with information about the further procedure to the Customer after conclusion of contract.
- The Customer assures that all his sent information to realize the purchase (i.e. name, address, e-mail, etc. are truthful and without error. Changes are to submit immediately to www.bikehit.de. Delivery errors, complications etc. due to wrong Customer information are for the account of the Customer.
- Assignment of rights of the Customer out of this contract have to be confirmed in a written way by www.bikehit.de.
- Language of contract is German.
§ 4 Procedure and postage
- All prices are gross including German VAT plus postage. Postage, which is meant from the address of www.bikehit.de tot he Customer address, will be announced correspondent to the choice of delivery of the Customer. It will be added to the price of the chosen good(s). Customs and other fees are to be paid by the Customer additionally. If in single cases postage are higher than the normal quotes of the transport company (i.e. islands etc.), www.bikehit.de will be allowed to pass the extra expenses to the Customer.
- The Customer is obliged to prepay the ordered good(s). He can fulfill this duty by using the offered payment methods or by choosing cash on delivery (if offered). In case of an agreement about purchase on account the bills are payable with delivery of the ordered good(s).
- If the Customer does not prepay his order immediately, the risk of unavailability of the good and delay of shipment runs the Customers.
- www.bikehit.de is obliged to send the order immediately after receiving the payment but within the described shipment time.
- Cancelation or changes can be considered only, when they are told to www.bikehit.de till 4 o´clock p.m. (German time) on the same day. In all other cases the cancelation only will be considered, if the good has not left the sending area of www.bikehit.de.
§ 5 Delivery
- The time of delivery described by www.bikehit.de are counted from the day of the incoming payment. Saturday is no work day and does is not counted. If the order contains several products with different delivery times, the longest delivery is valid. If the Customer wants to realize a splitted shipment, the additional costs are to be paid by the Customer.
- For delays of delivery due to legal or regulatory instructions www.bikehit.de is not responsible.
- Way of delivery and the company of delivery can be determined by www.bkiheit.de. www.bikehit.de will try to consider the wishes of the Customers.
- The risk of worsening of the good is transferred to the Customer with delivery of the good. In case of splitted delivery, every delivery counts as independent, single delivery.
- For the shipment is valid the address information which was given to www.bikehit.de. The Customer has to assure the acceptance of the order in delivery. Delays and further costs because of wring address information or default of acceptance are on account of the Customer.
§ 6 Guarantee, (defects) liability
- For all defects of the goods, liability issues and compensation cases of www.bikehit.de are valid the German laws (intention, gross negligence). If the buyer is an entrepreneur the guarantee time is shorten to twelve month.
- In case of slight negligence www.bikehit.de is liable as principal only in cases of violation of contractual cardinal obligations, on which is based the contractual procedure as well as the aim of the contract (delivery, functional efficiency of the goods etc.). In case of violating these obligations the liability is limited to damages which are typical and preseeable for the contract.
- In case of manufacture´s warranties the Customer can inform himself about the warranty terms and conditions and the contact information through the manufacture. The duration of the warranty is written in the product description and starts with the delivery of the good to the Customer. The vendor guarantee refers to freedom of defects of the good, including functional capability, defects of material or production. In case of warranty the good will be replaced even in case of functional defect. If replacement is not possible or economically inadequate the Customer can choose between return and refund or rectification of the defect in terms of German Civil Code. Contact information of www.bikehit.de can be found in clause 1 of these terms and conditions or under Imprint.
- In case of warranty the legal guarantee rights are valid and not limited, too ("Gewährleistungsrechte"). Vendor or manufacturer warranty and legal guarantee rights exist side by side and amplify the legal position of the Customer. The local ambit of the warranties is worldwide.
- Paragraph 2 is not valid in case of malice, warranty and damages of body, life or health. Neither paragraph 2 is not valid in case of personal liability conformable to law on product liability.
§ 7 Terms of payment, default and secret lian
- The delivered good will be property of www.bikehit.de till the complete payment.
- The payment becomes due since conclusion of contract.
- The Customer falls behind, in case of not being a consumer, at latest, when he has not paid within 30 days overdue date. Customers as consumers fall behind at latest within 30 days over due date, when they are informded about this consequence in the invoice or a demand note.
- The obligation of the Customer to pay interests for default does not exclude the enforcement of further damages due to the default by www.bikehit.de.
- The Customer is not entitled to offsetting or withholding when the counterclaim is traversed by www.bikehit.de or not legally binding.
§ 8 Privacy protection
- www.bikehit.de collects data of the Customer within the realization of the contract. The text of the contract is saved by www.bikehit.de. Furthermore is saved the invoice due to retention periods of the tax authorities. Collecting the data of Customers www.bikehit.de observes the German and European laws for data protection. Reserve to further acceptation of the Customer regarding data collection and handling the collected data is only used for reasons of contract management or because of tax or other laws, i.e. retention obligations.
- The privacy statement of www.bikehit.de the Customer can find under <href="https://www.bikehit.de/de/content/12-datenschutzbelehrung">Privacy statement.
§ 9 Final clauses
- Contract and these terms and conditions are exclusively governed by German law, excluding United Nations Convention on Contracts for the International Sale of Goods (CISG).
- In case of being a commercial or public Customer for all legal disputes out of the contract Dresden is determined as place of jurisdiction, otherwise are valid the laws referring to local and international judicial competence.
- www.bikehit.de is not obliged and not willing to take part in the procedure of out-of-court dispute resolution in front of the arbitration board of consumers: http://ec.europa.eu/consumers/odr/).
- If any of these Terms and Conditions are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction which that Term or Condition is illegal, invalid or unenforceable, it shall be severed and deleted from this clause and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.