General Terms and Conditions of Delivery with Obligatory Information for Contracts for the Sale of Goods from Bikeinside.
The following terms and conditions – which contain legal information according to the provisions of distance selling and e-commerce – apply for all deliveries and services (hereinafter jointly referred to as "Services") by Bikeinside / Christian Teuber (hereinafter referred to as "Bikeinside") to the Consumer (Section 13 of the German Civil Code [Bürgerliches Gesetzbuch, BGB] and Retailers.
Consumer refers to any natural person that concludes a legal transaction for any purpose that can not be attributed to either their commercial or independent professional activity.
For the purpose of these General Terms and Conditions, Retailers refers to natural or legal persons or partnerships having legal capacity that conclude a sales contract with Bikeinside concerning one or multiple articles from the inventory of the online shop while acting in the capacity of their commercial or independent profession.
The definitive language for the conclusion and execution of the contract is German.
2. Conclusion of the Contract
3. Order Process / Purchase Process
The product presentations in our online shop do not represent a legally binding offer. Instead, they serve as an invitation to the Customer to place a binding order for payment. By clicking the "Order" button or by ordering over the phone, written or by E-Mail you are submitting a binding purchase order. With regard to how the products are equipped, only the product specifications contained in the online catalog are definitive and these may deviate from the photographs found therein. Before submitting the purchase order, the order will be shown in our online shop in your "shopping cart". You can correct errors in your order in the "shopping cart" by changing the quantity of the products placed in the shopping cart or by clicking the "remove" button to delete individual items. After receiving your order, Bikeinside will immediately confirm this via e-mail. This order confirmation does not represent acceptance of your purchase order, but rather only serves to let you check your order. The contract is not concluded until a sales confirmation has been sent via e-mail or until the items are sent.
Amendments, supplementary agreements, and changes as well as agreements regarding characteristics and quality assurances and the assumption of warranties are not considered effectively agreed upon until Bikeinside expressly confirms this in writing.
4. Prices, Shipping Costs, and Delivery
4.1. The prices are indicated in euro (EUR, €) and include VAT, for registrated retailers and registrated users from non EUR countries the prices are indicated excluding VAT. We calculate shipping costs by country and weight, therefore they can be shown coorectly only during checlout. A overview can be found here. If we deliver items outside of the European single market, you shall be responsible for additional costs incurred, in particular, import duties, customs, processing fees, bank charges as well as taxes.
4.2. Unless otherwise expressly agreed, Bikeinside shall determine the shipping method and shipping company.
4.3. We ask that you inspect the items upon delivery for any damage that may have occurred in transit. If any damage has occurred in transit, we ask you to inform us of this immediately. This non-binding request does not affect your warranty rights. It only serves to secure our claims against the shipping company.
5. Delivery Date and Delivery Capacity
5.1. Unless otherwise indicated in the offer, and depending on the receipt of payment, shipping may take up to 4 business days plus shipping time.
5.2. If Bikeinside determines that the item ordered is not available after the conclusion of the contract although it was indicated as available in the online shop, Bikeinside may withdraw from the contract if Bikeinside is not responsible for the lack of availability. In this case, Bikeinside will immediately inform you of this and refund any payments made in advance.
5.3. Provided specific individual parts of the items ordered are not available for shipment, Bikeinside is entitled to exchange these for items that are technically similar or of a higher value.
5.4. Bikeinside is entitled to make partial deliveries at its own expense provided this is deemed reasonable for you.
6. Payment Terms
6.1. Payment can be made either in advance, by credit card, direct debit or through PayPal. Retailers are able to pay within 14 days to our account or by SEPA direct debit with 2% trade discount.
6.2. You are only entitled to compensation if your counterclaim is uncontested or established by law.
6.3. You can only assert a right of retention due to claims arising from the same contractual relationship.
7. Retention of Ownership
The items remain the property of Bikeinside until they have been paid for in full. Prior to the transfer of ownership, any pledge, transfer of ownership by way of security, processing, or reconfiguration is prohibited without the written consent of Bikeinside.
Your rights due to defects are determined according to the statutory provisions.
We are liable for malicious intent and gross negligence. Furthermore, we are liable for the negligent breach of obligations whose fulfillment is essential for the proper execution of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance you as the Customer regularly rely. In the latter case, however, we are only liable for the foreseeable, typical contractual damage. We are not liable for minor negligent breach of obligations other than those mentioned in the sentences above.
The liability exclusions indicated above do not apply to loss of life, physical injury, or damage to health. Liability according to the Product Liability Act (Produkthaftungsgesetz) remain unaffected by the above.
Data communication via the Internet cannot be guaranteed to be free of errors and/or available at all times according to the current state of technology. To this extent, we are liable neither for the continuous nor uninterrupted availability of our online shop.
To the extent that liability for damages is excluded or limited, this exclusion and/or limitation shall also apply to any liability of agents and legal representatives of Bikeinside.
10. Right of Cancellation for Customers
Customers that are consumers (see Section 1 of these provisions) are fundamentally entitled to a 14 day right of cancellation. The following provisions and notices apply with regard to the existence or non-existence of a right of cancellation as well as the consequences in the event of revocation.
Right of Cancellation
You have the right to cancel this contract within 14 days without stating the reasons for this.
The cancellation period is 14 days from the day that you, or a third party designated by you that is not the carrier, took possession of the last item.
In order to exercise your right of cancellation, you must inform us at
Telefon: +49 89 44218689
Telefax: +49 89 44760424
using a clear declaration (e.g., a letter sent via mail, fax, or e-mail) about your decision to cancel this contract.
To comply with the cancellation period, it is sufficient that you send the notification regarding the exercising of the right of cancellation prior to the expiry of the cancellation period.
Consequences of Cancellation
If you cancel this contract, all of the payments that we have received from you, including delivery costs (excluding ancillary costs that result from selecting another type of delivery than the standard, least expensive delivery offered by us) shall be promptly refunded to you no later than 14 days from the date that the notification regarding your cancellation of this contract has been received by us. We will use the same payment method that you used for the original transaction for this refund unless otherwise expressly agreed to with you; under no circumstances will we charge you fees for this refund. We may refuse the refund until we have received the items for return or until you have provided evidence that you have sent the items back, whichever is earlier.
You must promptly send back or surrender the items to us no later than 14 days from the date on which you informed us of the cancellation of this contract. To comply with the deadline, you must send the items back prior to the expiry of the deadline of 14 days. You are responsible for the direct costs related to sending the items back.
In the event of a cancellation, you must pay compensation for a loss in value resulting from handling the items in a manner that was not required for inspecting the quality, characteristics, and functionality of the items. This is the case, in particular, if the items were used as indicated.
11. Saving Contract Data
Apart from the order data transmitted via e-mail as well as these terms and conditions from Bikeinside, a special contract text will not be saved. The respective article description contains the essential characteristics of the items offered by Bikeinside. In addition, the Customer can print the details of his order using the print function of his e-mail client or web browser by selecting "Print".
12. Final Provisions
12.1. The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sales of Goods.
12.2. If the Customer is an Retailer, the place of fulfillment shall be München, Germany. If a Customer that is an Retailer is also likewise a dealer, München is moreover agreed to as the exclusive place of jurisdiction for all disputes arising from or in connection with the sales contract. Bikeinside is entitled to sue Entrepreneurs at their place of general jurisdiction.
12.3. If a provision of this contract, including this condition be or become wholly or partially invalid, the validity of the remaining provisions will not be affected by this. The applicable statutory provisions shall apply in place of the invalid regulation.