General Terms and Conditions (AGB) of bikeBOX24 GmbH
(informative, partly translation of the German AGB)
The following general terms and conditions apply to all orders sent by customers to bikeBOX24 GmbH by letter, email, telephone or electronically and are recognized by the customer with each order.
They apply to both entrepreneurs and consumers (end-user).
With regard to entrepreneurs, these terms and conditions also apply to future business relationships, without having to refer to them again. If the entrepre-neur uses conflicting or supplementary general terms and conditions, their validity is hereby expressly contradicted; they only become part of the con-tract if we have agreed to this especially in written.
A consumer (end-user) is any natural person who concludes a legal transact-ion for purposes that are predominantly neither commercial nor their inde-pendent professional activity. An entrepre-neur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in their commercial or independent professional activity.
2. Contractual partner, conclusion of contract
The purchase contract is concluded with bikeBOX24 GmbH.
Liability for the topicality, completeness or quality is excluded. All free offers are subject to alteration. We reserve the right to change, add to, or delete the offer or to cease publication at any time without prior notice. All of the information on our website does not claim to be complete and only represents a limited selec-tion of information. The presentation of the pro-ducts in the online shop is not a legally binding offer, but a non-binding on-line catalogue. You can initially purchase our products without obligation place in the shopping cart and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the order process. By clicking the order button, you are placing a binding order for the goods in the shopping cart. Confirma-tion of receipt of your order is sent by email immediately after the order has been sent. We reserve the right to correct printing errors and mistakes, as well as minor deviations in quality and execution.
The contract with us is concluded depending on the payment method you have chosen:
We accept your order by sending a declaration of acceptance (order-confirmation) in a separate email or by delivering the goods within 3 days after receipt of your payment.
Payment in advance
We accept your order by sending an order confirmation in a separate e-mail within two days, in which we indicate our bank details.
When you submit your order, you send us your credit card details at the same time. After your legitimation as a legal cardholder, we request your credit card company to initiate the pay-ment transaction and thereby accept your order.
In the ordering process you will be re-directed to the website of the online provider PayPal. There you can enter your payment details and confirm the payment order to PayPal. After placing the order in the shop, we request PayPal to initiate the payment transaction and thereby accept your order.
3. Contract language, contract text storage
The language available for the conclusion of the contract is German. Trans-lations into other languages are purely informative. German law applies ex-clusively to all contracts!
We save the contract text and send you the order data. You can find our general terms and conditions on our website www.bikebox24.eu
4. Terms of delivery / prices
The prices quoted includes statutory VAT. Shipping costs will be added to the quoted product prices. You can find out more about the amount of shipping costs in the offers. We reserve the right to change prices during the term of our catalogue. We reserve the right to misprints and errors in pricing.
We only deliver by mail. Unfortunately, a self-collection of the product is not possible.
Delivery takes place from our warehouse in Nieder-Olm. Unforeseen impediments to performance such as force majeure, strikes, operational disruptions in our own company or the sub-supplier, transport difficulties, etc. entitle us to postpone delivery for the duration of the hindrance plus a reasonable start-up time or to withdraw from the contract in whole or in part. Claims for damages due to damage caused by delay or due to non-perfor-mance in the event of delay in delivery or impossibility for which we are not responsible are excluded, unless liability is mandatory in cases of wilful intent or gross negligence.
The following payment methods are generally available in our shop:
Payment in advance
If you choose the payment method in advance, we will give you our bank details in a separate email and send the goods after we have received your payment.
When you submit your order, you also provide us with your credit card details. After your legitimation as the legitimate cardholder, we will ask your credit card company to initiate the payment transaction immediately after the order has been placed. The payment transaction is carried out automatically by the credit card company and your card is charged.
In the ordering process you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment instruction to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction.
The payment transaction is carried out automatically by PayPal immediately afterwards. You’ll get more information during the ordering process.
6. Right of withdrawal for entrepreneurs
Entrepreneurs within the meaning of these terms and conditions have no right of withdrawal.
7. Retention of Title
The goods remain our property until full payment.
For entrepreneurs, the following also applies: We reserve ownership of the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; You assign all claims arising from this resale to us in advance – regardless of whether the reserved goods are combined or mixed with a new item – in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we are also allowed to collect claims ourselves if you fail to meet your payment obligations.
8. Transport damage
The following applies to entrepreneurs:
The risk of accidental loss and accidental deterioration is transferred to you as soon as we have delivered the item to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment. The duty of inspection and notification of defects regulated in Section 377 of the German Commercial Code (HGB) applies to merchants. If you omit the notification regulated there, the goods are considered approved, unless there is a defect that was not recognizable during the examination. This does not apply if we have fraudulently concealed a defect.
The following applies to consumers:
If goods are delivered with obvious transport damage, please report such errors to the deliverer as soon as possible and contact us immediately. Failure to file a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to assert our own claims against the carrier or the transport insurance.
9. Warranties and Guarantees
Unless expressly agreed otherwise below, the statutory right to liability for defects applies. For consumers, the limitation period for claims for defects in used items is one year from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects is one year from the transfer of risk; the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected.
With regard to entrepreneurs, only our own information and the manufacturer’s product descriptions, which were included in the contract, apply as an agreement on the quality of the goods; We do not accept any liability for public statements by the manufacturer or other advertising statements.
If the delivered item is defective, we shall initially provide a guarantee to entrepreneurs, at our option, by removing the defect (repair) or by delivering a defect-free item (replacement delivery).
The above restrictions and shortened deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents
- in the event of injury to life, body or health
- in the event of wilful or grossly negligent breach of duty as well as malice
- in the event of a breach of essential contractual obligations, the fulfilment of which enables the proper execution of the contract in the first place and compliance with which the contractual partner may regularly rely (cardinal obligations)
- as part of a guarantee promise, if agreed
- as far as the scope of the Product Liability Act is open.
Customer service: You can reach us for questions, claims and complaints within business hours by phone at +49 (0) 6136 9168 22 or by email: firstname.lastname@example.org
All rights of the above Pages are reserved to bikeBOX24 GmbH. The use is intended exclusively for private use. Any further use, especially commercial use of any kind, requires our consent. We do not assume any liability for the compatibility of the content of these pages with the legal provisions outside of the Federal Republic of Germany.
We hereby expressly distance ourselves from all content that can be reached through links on our homepage. This declaration applies to all links installed on our homepage. Liability claims against the operator relating to material or immaterial damage caused by the use or non-use of the information provided or by the use of incorrect or incomplete information are generally excluded. All brand names and trademarks mentioned on the website and possibly pro-tected by third parties are subject without restriction to the provisions of the applicable trademark law and the ownership rights of the respective regis-tered owner. The conclusion that trademarks are not protected by the rights of third parties should not be drawn simply because they are mentioned. The copyright for published objects created by the operator himself remains solely with the operator of the pages. Any duplication or use of such graphics, audio files, video sequences and texts in other electronic or printed publications is not permitted without our express consent. We are always unrestrictedly liable for claims based on damage caused by us, our legal representatives or vicarious agents
- in the event of injury to life, body or health,
- in the event of wilful or grossly negligent breach of duty,
- for guarantee promises, if agreed, or
- as far as the scope of the Product Liability Act
In the event of a breach of essential contractual obligations, the fulfilment of which enables the proper execution of the contract in the first place and com-pliance with which the contractual partner can regularly rely (cardinal obli-gations) through slight negligence on the part of us, our legal representatives or vicarious agents the amount of liability is limited to the foreseeable damage at the time of conclusion of the contract, the occurrence of which must typically be expected. In addition, claims for damages are excluded.
11. Dispute Resolution
The European Commission provides a platform for online dispute resolution, which you can find here https://ec.europa.eu/consumers/odr/. Consumers have the opportunity to use this platform to settle their disputes.
To settle disputes arising from a contractual relationship with a consumer or whether such a contractual relationship even exists, we are obliged to participate in dispute settlement procedures before a consumer arbitration board. The Universalschlichterstelle des Bundes, Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de is responsible. We will take part in a dispute settlement procedure at this authority.
12. Final provisions
If you are an entrepreneur, German law applies to the exclusion of the UN sales law.
If you are a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is Nieder-Olm. The place of performance is Nieder-Olm.
Geschäftsführer: Lothar Schmahl, Guido Schäfer
Registereintrag Eintrag im Handelsregister
Registergericht: Amtsgericht Mainz
Registernummer: HRB 43871