Art. 1 Scope and contractual basis
- These general terms and conditions apply to all services and deliveries only to consumers within the meaning of § 13 BGB.
- All agreements made between you and us in connection with the contract result in particular from these conditions of sale, our written order confirmation and our declaration of acceptance.
- Our offers are non-binding. We can accept contract offers within a period of 2 weeks.
- Illustrations and drawings contained in our brochures, advertisements and on our website are only approximate unless the information contained therein has been expressly designated as binding by us.
Art. 2 Prices, terms of payment, default, offsetting, right of retention
- Unless otherwise stated in the order confirmation, all prices apply ex warehouse or factory including the applicable VAT, excluding packaging, freight, insurance, customs duties, foreign taxes, assembly, commissioning, etc. Other services are charged separately by agreement.
- Payment must be made in cash, by bank transfer or PayPal before the goods are handed over / dispatched. The seller bears the fees incurred for payment via PayPal. Payment orders, checks or bills of exchange are only accepted by special agreement and only on account of performance.
- If a payment term has been set for the customer's performance, he will be in default without a reminder if he does not pay at the specified time. The customer is in default even without a reminder if he does not pay within 30 days of receiving an invoice or an equivalent request for payment.
- While the customer is in default, we are entitled to charge default interest at a rate of 5 percentage points above the respective base rate of the European Central Bank (ECB). In this respect, we reserve the right to prove higher damage and to assert this. However, the customer is entitled to prove to us that we did not suffer any damage or significantly less damage as a result of the delay in payment.
- Our claims can only be offset against recognized, undisputed or legally established claims, as well as claims from notices of defects or counterclaims from the same sales contract. The buyer is only authorized to exercise a right of retention insofar as his claim is based on the same contractual relationship.
Art. 3 Delivery time, agreement on delivery, right of withdrawal, default
- The surrender of the goods depends on the previous full payment of the purchase price.
- Our delivery dates or delivery deadlines are exclusively non-binding information, unless these have been expressly agreed as binding between you and us.
- Four weeks after a non-binding delivery date or a non-binding delivery period has been exceeded, the buyer can request us in writing to deliver within a reasonable period. If we culpably fail to comply with a delivery date expressly agreed as binding or a delivery period expressly agreed as binding, or if we are in default for any other reason, the buyer must set us a reasonable grace period in order to effect our performance.
- Part deliveries are permissible as long as they are reasonable.
- If the delivery of the goods has been agreed with the buyer, the goods will be dispatched by a carrier of our choice after receipt of the purchase price payment and all agreed costs and fees including transport costs.
- The transport costs result from the costs of the delivery service / carrier.
- If the customer so wishes, we will cover the delivery with transport insurance. The customer bears the costs incurred.
- Unless otherwise agreed, we are not responsible for delays in delivery due to force majeure or other circumstances for which we are not responsible, in particular traffic and operational disruptions, strikes, lockouts, shortages of raw materials.
- If, due to the circumstances mentioned, we cannot deliver within the agreed delivery time, the delivery time will be extended accordingly.
- If there is an obstacle to delivery for which we are not responsible, in particular within the meaning of Article 3 Clause 8 a., About which under Article 3 Clause 8 b. If the extended delivery period mentioned above, we are entitled to withdraw from the contract.
- We are entitled to withdraw from the contract in the event of incorrect delivery by third parties.
- In the cases of our right of withdrawal according to c. and d. we undertake to inform the contractual partner immediately about the unavailability of the service and to immediately reimburse any consideration already provided.
Art. 4 Transfer of risk
Unless otherwise stated in the order confirmation, delivery "ex works" is agreed. If pick-up is agreed, the calculation or notification of readiness for dispatch is equivalent to dispatch. Such goods are stored for the account and risk of the customer. Insurance is only provided upon express request.
Art. 5 Claims for defects
- The buyer's claims for defects for new items expire in two years, the buyer's claims for defects for used items lapse in one year.
- The regulations under 1. do not apply to claims for damages due to injury to life, limb or health or due to a grossly negligent or willful breach of duty by us or our vicarious agents.
- The subsequent performance takes place at the option of the buyer by eliminating the defect (repair) or by delivering new goods. A reasonable period of time for subsequent performance on the part of the buyer must be granted. During the supplementary performance, the buyer is not entitled to reduce the purchase price or to withdraw from the contract. If the repair has been tried twice in vain, it is considered to have failed. If the supplementary performance has failed, the buyer is entitled to choose either to reduce the purchase price or to withdraw from the contract.
- Claims for damages due to a defect can only be asserted if the supplementary performance has failed. The assertion of further claims for damages in accordance with Art. 6 remains unaffected.
Art. 6 Liability for damages
- In the case of our liability for damages, the following applies:
- If the claims are based on an intentional or grossly negligent breach of duty by us, our representatives or our vicarious agents, we are liable for compensation in accordance with the statutory provisions.
- If we are in default or we as well as our representatives or vicarious agents have culpably violated an essential contractual obligation, i.e. an obligation the fulfillment of which enables the proper execution of the contract in the first place and on which the contractual partner can regularly rely on compliance, and no case of liability according to the statutory provisions within the meaning of letter a. is present, liability is limited to the foreseeable, typically occurring damage.
- So far below a. and b. nothing else is determined, our liability for damages is excluded.
- The exclusions and limitations of liability under item 1 apply not only to contractual, but also to other, in particular tort claims. They also apply to claims for reimbursement of wasted expenses in lieu of performance.
- The exclusions and limitations of liability under Item 1 do not apply to any existing claims pursuant to Sections 1, 4 of the Product Liability Act or due to culpable injury to life, limb or health.
- Insofar as our liability is excluded or limited, this also applies to the personal liability of our employees, workers, employees, representatives and vicarious agents.
Art. 7 No approval for road traffic; Disclaimer of liability
Our electric retrofit kits for bicycles are NOT approved for road traffic. We would like to point out that the bicycles equipped with our electric retrofit kits may only be used on areas where the StVO does not apply. In the event of claims arising from a violation of road traffic regulations (e.g. StVG, StVO, vehicle registration regulations, etc.), liability on our part is excluded. This does not apply in the case of Art. 6 Paragraph 1a, 3. This excludes the Powerkit Go, which complies with the rules for STVO conformity.
Art. 8 Additional and deviating regulations for international contracts
If the buyer is domiciled outside of the Federal Republic of Germany, the following regulations apply:
- We are not liable for the admissibility of the use of the delivered item as required by the contract according to the regulations of the recipient country. We are also not liable for any taxes incurred there.
- We are not liable for delivery obstacles caused by government measures, in particular import or export restrictions.
Art. 9 Securing retention of title
- The ownership of the delivered goods remains reserved until all payments from the contract have been received, and in the case of an ongoing business relationship until all payments from this have been received. This also applies if our claims have been included in a current invoice and the balance has been drawn and recognized, as well as for future claims.
- The buyer is obliged to treat the delivered goods with care, in particular to store them properly.
- In the event of seizures and other interventions by third parties, the buyer must immediately notify us in writing in order to safeguard our rights (e.g. lawsuit from § 771 ZPO). If the third party is unable to reimburse us for the judicial or extrajudicial costs of a lawsuit in accordance with § 771 ZPO, the buyer is liable for the loss we incur.
Art. 10 Applicable law, place of performance, place of jurisdiction
This contract is governed by the law of the Federal Republic of Germany. For contracts with foreigners who do not have a domestic or EU place of jurisdiction at the time of the action, the place of jurisdiction is D-73271 Holzmaden. However, we reserve the right to sue at the buyer's registered office.
Art. 11 Severability clause
Should a provision of this contract be or become ineffective, this shall not affect the effectiveness of the other provisions of this contract.