Terms of service
General Terms and Conditions of Business
1. scope of application and contractual partner
(1) The following General Terms and Conditions (hereinafter referred to as "GTC") shall apply to all business relations between a consumer of legal age (hereinafter referred to as "Buyer") and TechniBike GmbH (hereinafter referred to as "TechniBike") in the online shop of TechniBike GmbH for Cooper Bikes (hereinafter referred to as "Cooper Bikes Shop").
(2) Any regulations deviating from these GTC shall not be recognised, unless they are individual agreements or there is an express written confirmation.
(3) In order to place an order in the Cooper Bikes Shop, the customer must agree to the validity of these GTC.
(4) In the case of an order, the contract between the customer and the
TechniBike GmbH
Julius-Saxler-Strasse 3
D- 54550 Daun/VulkaneifelPhone: 06592/712-8228
E-mail: info@cooperbikes.de
Register: Local Court Wittlich, HRB 43371
contract.
2 Conclusion of contract
(1) The presentation of goods and advertisements in the Cooper Bikes Shop do not constitute binding offers for the conclusion of a purchase contract and depend on the availability of the products. Rather, they are a non-binding invitation to the customer to make an offer in the Cooper Bikes Shop by placing an order.
(2) By submitting the order in the Cooper Bikes Shop, the customer makes a binding offer to conclude a purchase contract for the goods contained in the shopping basket.
(3) The contract shall be concluded when the customer places the goods selected by him in the shopping basket, enters the delivery and payment data, presses the button "Pay now" or "Pay with PayPal" and TechniBike accepts the customer's offer by e-mail (order confirmation). Alternatively, the purchaser can go directly to the payment service provider (shopPay, PayPal, Google Pay) via quick selection. The customer must enter his login data at the respective payment service provider and complete the ordering process by pressing the button "Order subject to payment".
(4) Immediately before the order is completed by clicking the button "Pay now" or "Pay with PayPal", the orderer can check the order and correct it if necessary.
(5) As soon as the orderer's offer has been received by TechniBike, the orderer will receive an order confirmation with the details of the order as well as the valid GTC and cancellation policy. This order confirmation does not yet constitute an acceptance of the offer. The customer can save the order confirmation, the general terms and conditions valid at the time of conclusion of the contract and the cancellation policy in reproducible form.
(6) Only the current GTC can be viewed on the Cooper Bikes Shop website. It is not possible to retrieve the purchase contract or the GTC valid at the time of conclusion of the contract from TechniBike at a later date. The customer should therefore save these independently.
(7) The contract can only be concluded in German.
3. prices and dispatch
(1) The prices stated on the product pages include the statutory value-added tax applicable at the time.
(2) TechniBike does not charge any additional shipping costs.
(3) Orders within Germany and to Austria will be shipped by DHL parcel service. For orders to other countries, shipping will be carried out by an appropriate forwarding agent.
(4) The average delivery times of items that are in stock can be viewed at https://cooperbikes.com/pages/zahlung-versand. The average delivery time is also displayed in the order process before the order is sent.
4 Payment; due date and default
(1) The purchaser can pay for the items by credit card (Visa, MasterCard, Maestro, American Express), Google Pay, shopPay and PayPal. TechniBike reserves the right to exclude certain payment methods in individual cases.
(2) The purchase price is due upon conclusion of the contract.
(3) In the case of payment by credit card, the purchase price is reserved on the specified credit card at the time of the order (authorisation). The credit card account is actually debited when the goods are dispatched.
(4) If payment is made by online payment procedure (e.g. PayPal), a redirection to the website of the online provider takes place during the ordering process. In order to be able to pay the invoice amount via an online payment procedure, the orderer must be registered or register with the provider.
(5) The customer shall be in default of payment if he does not pay the purchase price within 30 days after the due date and receipt of an invoice and if he is specifically informed of these consequences in the invoice.
5 Cancellation policy
If the customer is a consumer in the sense of § 13 BGB (German Civil Code), i.e. if he makes the purchase for purposes which can predominantly be attributed neither to commercial nor to independent professional activities of the customer, a right of revocation exists in accordance with the following provisions:
-cancellation policy-
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
In order to exercise your right of withdrawal, you must send us
TechniBike GmbH
Julius-Saxler-Strasse 3
D- 54550 Daun/Vulkaneifel
Telephone: 06592/712-8228
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.
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 revocation
(1) Standard shipping goods
If you withdraw from this contract, we must reimburse you for 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 no later than fourteen days from the day on which we receive 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 may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the product(s) (in the case of product sets: all components of the product set) without delay and in any case no later than within fourteen days from the day on which you notify us of the cancellation of this contract to the following address:
TechniBike GmbH
North road 4
39418 Staßfurt
or to hand it over. The deadline is met if you send the goods before the expiry of the period of fourteen days. The return shipment 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.
(2) Forwarding goods/collection
If you withdraw from this contract, we must refund 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 no later than fourteen days from the day on which we receive 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 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.
-End of the cancellation policy-
6. set-off
The offsetting against payment claims of TechniBikes is only permissible with legally established or undisputed claims.
7. retention of title
The object of purchase delivered to the purchaser shall remain the property of TechniBike until payment has been made in full.
8. delivery
The TechniBike pedelecs are fully assembled and adjusted in production. Certain components (pedals, handlebars) are partially assembled for reasons of transport. Consequently, the purchaser must assemble these on the pedelec after receipt of the goods using the information provided (in paper form and on the website). This partial assembly does not constitute a material defect.
9. warranty law
(1) TechniBike shall be liable for material defects and defects of title in accordance with the statutory provisions, in particular in accordance with the provisions of the law on sales, §§ 434 ff. BGB.
(2) The statutory limitation period of two years applies. This period begins with the delivery of the item.
(3) Insofar as TechniBike advertises guarantees, the details result from the guarantee conditions, which will be made available in text form at the latest with the delivery. If TechniBike has given a seller's guarantee, the claims arising from the guarantee exist in addition to the statutory warranty claims.
10 Liability
Any liability of TechniBike arising out of or in connection with this contract of sale, irrespective of the legal basis, is limited to cases of intent and gross negligence. In the event of slight negligence, TechniBike shall only be liable in the event of a breach of an essential contractual obligation, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the customer may regularly rely (cardinal obligation). In this case, the liability is limited to the damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Liability for damages due to injury to life, body and/or health, as well as from the Product Liability Act, remains unlimited.
These liability regulations also apply to the legal representatives and the vicarious agents of TechniBike.
11. online dispute resolution
The EU Commission has provided a platform for out-of-court dispute resolution. This can be reached at https://ec.europa.eu/consumers/odr/main/. TechniBike is neither obliged to participate in alternative dispute resolution proceedings before a consumer arbitration board, nor does TechniBike participate in such proceedings.
12 Applicable law
The contractual relationship between TechniBike and the customer shall be governed by German law. The application of the UN Convention on Contracts for the International Sale of Goods is excluded. This choice of law shall only apply vis-à-vis the customer insofar as it does not restrict any mandatory statutory provisions of the state in which the customer is domiciled or habitually resident.