GTC

GTC

    1 Scope of application

The following General Terms and Conditions of Business apply to all business relations between the consumer (hereinafter referred to as the Customer) and TechniBike GmbH (Daun) (hereinafter referred to as TechniBike) in the online shop of TechniBike GmbH (hereinafter referred to as TechniBike Shop).

    2 Conclusion of the contract

(1) The offers are directed exclusively at consumers (within the meaning of § 13 BGB) who have reached the age of 18. The presentation of the goods in the TechniBike Shop does not constitute a binding offer by TechniBike to conclude a purchase contract. The customer is merely invited to make an offer by placing an order.

(2) By sending the order in the TechniBike Shop, the customer submits a binding offer, directed towards the conclusion of a purchase contract for the goods contained in the shopping basket. By sending the order, the customer also recognises these terms and conditions as being solely authoritative for the legal relationship with TechniBike.

(3) TechniBike confirms the receipt of the customer's order by sending a confirmation e-mail. This confirmation of the receipt of the order does not yet constitute the acceptance of the contractual offer by TechniBike. The declaration of acceptance of the contractual offer is made by the delivery of the goods or by an express declaration of acceptance by TechniBike.

(4) The validity of contracts for larger quantities than those customary in households, as well as commercial resale, require express written confirmation on the part of TechniBike.

    3 Prices and shipping costs

(1) All prices include the statutory value-added tax applicable at the time and are exclusive of a flat-rate delivery charge, the cost of a special cardboard box to protect the TechniBike pedelecs and plus any delivery charge surcharges specified for bulky goods.

(2) The shipping surcharges may vary depending on the type of delivery and the nature of the item. The prices at the time of the order shall apply.

    4 Payment, due date and default

(1) The customer can pay for the items by credit card (Visa, Mastercard, Maestro, American Express), Apple Pay, Google Pay, Ideal, AmazonPay and PayPal. TechniBike reserves the right to exclude certain payment methods in individual cases.

(2) In the case of payment by online payment procedure (e.g. PayPal), the customer expressly authorises TechniBike to collect the amounts due at the time of the order. In the case of payment by direct debit or credit card, the customer expressly authorises TechniBike to collect the amounts due with the dispatch of the goods delivery. With the dispatch of the goods, the invoice will be sent by e-mail, or if no e-mail address is stored, by post, to the invoice address provided by the purchaser.

(3) If the orderer is in default of payment, TechniBike reserves the right to claim damages for default (e.g. collection fees, reminder fees and default interest in the amount of 5 percentage points above the respective base interest rate).

(4) The offsetting against TechniBike's payment claims is only permissible with legally established or undisputed claims.

(5) TechniBike only owes the timely, proper delivery of the goods to the transport company and is not responsible for delays caused by the transport company. A shipping time stated in the webshop is therefore non-binding.

    5 Retention of title

The object of purchase delivered to the customer shall remain the property of TechniBike until payment has been made in full.

    6 Right of defect

(1) The TechniBike pedelecs are fully assembled and adjusted in production. Certain components (pedals, handlebars) are partially assembled for reasons of transport. Consequently, these must be assembled on the pedelec after receipt of the package with the help of the information supplied (in paper form and on the website).

(2) Insofar as TechniBike advertises guarantees, the details result from the guarantee conditions, which are provided in text form at the latest with delivery. In the event of defects in the delivered object of purchase, the purchaser shall be entitled to the statutory rights within the framework of the warranty/liability for defects detached from any warranty. The statutory warranty claims of the Purchaser shall not be limited by a warranty. However, the special provisions of § 7 shall apply to the Purchaser's claims for damages.

(3) The limitation period for warranty claims of the customer shall be two years for newly manufactured goods and one year for used goods. The period of limitation shall commence from the handing over of the goods by TechniBike to a transport company. The shortening of the limitation periods shall not apply to claims for damages by the purchaser on the grounds of injury to life, limb or health, or to claims for damages on the grounds of a breach of material contractual obligations. The shortening of the limitation periods shall likewise not apply to claims for damages based on an intentional or grossly negligent breach of duty by TechniBike, its legal representatives or vicarious agents.

    7 Limitation of liability

In the event of a slightly negligent breach of duty, TechniBike's liability shall be limited to the amount of the foreseeable, contract-typical average damage. There shall be no liability for pecuniary losses beyond this and no claims for loss of profit. The liability for grossly negligent or intentional behaviour as well as for claims according to the product liability law remains unaffected.

    8 Cancellation policy

    Right of revocation
    You have the right to revoke this contract within fourteen days without giving reasons.

The revocation period is

(1) in the case of a purchase contract for individual goods: 14 days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods;

(2) in the case of a contract for the sale of several goods ordered by the consumer as part of a single order and delivered separately: 14 days from the day on which you or a third party other than the carrier and indicated by you has or have taken possession of the last goods.

    Exercise of the right of withdrawal
    In order to exercise your right of withdrawal, you must contact us at/via

    TechniBike GmbH
    Julius-Saxler-Strasse 3
    54550 Daun/Vulkaneifel

Tel.: 06592 / 712-8228

or

e-mail: widerruf@technibike.de

by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to revoke this contract. You can use the attached sample cancellation form for this purpose, which is, however, not mandatory.

Download sample cancellation form

To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

    Consequences of the revocation
    a) Standard mail order products (all products of the TechniBike Shop, except TechniBike pedelecs)
    If you revoke this contract, we shall reimburse you all payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse to make a repayment until we have received the item(s) back or until you have provided proof that you have returned the item(s), whichever is the earlier.

You must return or hand over the product(s) (in the case of product sets: all components of the product set) immediately and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract to the following address:

TechniBike GmbH
Nordstr. 4
39418 Staßfurt.

The deadline is met if you send the goods before the expiry of the period of fourteen days. The return is free of charge for you.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.

    b) Forwarding goods / collection of TechniBike pedelecs
    If you withdraw from this contract, we must reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.

We will collect the goods. The collection and return of the forwarded goods are free of charge for you.

You will only have to pay for any loss in value of the goods if this loss in value is due to your handling the goods in a way that is not necessary for checking the condition, properties and functioning of the goods.

- End of the cancellation policy -

    9 Final provisions

(1) German law shall apply to the contractual relationship between TechniBike and the customer. The application of the UN Convention on Contracts for the International Sale of Goods is excluded. This choice of law shall only apply to the purchaser insofar as it does not restrict any mandatory legal provisions of the state in which he has his domicile or habitual residence.

(2) Should any provision of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions.