General terms and conditions

 

1. Table of contents 

2. Scope of application 

3. Conclusion of contract 

4. Right of withdrawal 

5. Prices and terms of payment 

6. Delivery and shipping conditions 

7. Retention of title 

8. Liability for defects (warranty) 

9. Special conditions for the processing of goods according to certain specifications of the customer 

10. Special conditions for assembly/installation services 

11. Redemption of promotional vouchers 

12. Redemption of gift vouchers 

13. Applicable law 

14. Place of jurisdiction 

15. Alternative dispute resolution 

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1) Scope of application 

1.1 These General Terms and Conditions (hereinafter "Terms and Conditions") of MBüro für Konstruktion und Entwicklung GmbH (hereinafter "Seller"), apply to all contracts for the delivery of goods, which a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods presented by the Seller in his online store. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed. 

1.2 These GTC shall apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly agreed. 

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity. 

1.4 Components of the Seller's range of products presented may - depending on the Seller's product description - be linked to the conclusion of a contract for the provision of telecommunications services (hereinafter "Telecommunications Contract") with a third-party provider (hereinafter "Service Provider"). In this case, the existence of the contract with the Seller depends on the conclusion of a Telecommunication Contract with the Service Provider and on the fact that the Telecommunication Contract is not revoked by the Customer. The telecommunication contract shall be governed by the relevant statutory provisions and, if applicable, by the contractual terms and conditions of the respective service provider that deviate from these. The seller acts only as an intermediary for such contracts. 

2) Conclusion of contract 

2.1 The product descriptions contained in the Seller's online store do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer. 

2.2 The Customer may submit the offer via the online order form integrated into the Seller's online store. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by telephone, e-mail, mail or online contact form. 

2.3 The Seller may accept the Customer's offer within five days, 

by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the Customer shall be decisive, or 

by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer shall be decisive, or 

by requesting payment from the customer after the customer has placed the order. 

If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent. 

2.4 If the payment method "PayPal" is selected, the payment will be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the Terms for Payments without a PayPal Account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects "PayPal Express" as a payment method during the online ordering process, he also issues a payment order to PayPal by clicking the button that concludes the ordering process. In this case, the seller already declares acceptance of the customer's offer at the time when the customer triggers the payment process by clicking the button that concludes the ordering process. 
2.5 When submitting an offer via the Seller's online order form, the text of the contract shall be stored by the Seller and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order together with these General Terms and Conditions. In addition, the text of the contract is archived on the Seller's website and can be accessed free of charge by the Customer via his password-protected customer account by providing the relevant login data, provided that the Customer has created a customer account in the Seller's online store before submitting his order. 
2.6 Before bindingly submitting the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process. 
2.7 The German and English languages are available for the conclusion of the contract. 
2.8 Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered. 
3) Right of withdrawal 
3.1 Consumers are generally entitled to a right of revocation. 
3.2 More detailed information on the right of withdrawal can be found in the Seller's cancellation policy. 
3.3 The right of withdrawal does not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract. 
4) Prices and terms of payment 
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description. 
4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union. 
4.3 The payment option(s) will be communicated to the Customer in the Seller's online store. 
4.4 If prepayment by bank transfer is agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date. 

4.5 In case of payment by means of a payment method offered by PayPal, the payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - subject to the Terms of Payment without PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. 
4.6 Credit card payments are processed in cooperation with Stripe Payments Europe, Ltd., c/o A&l Goodbody, Ifsc, North Wall Quay, Dublin 1, Ireland (hereinafter: "Stripe"), subject to the Stripe Terms of Use, available at https://stripe.com/de/terms, to which the Seller assigns its payment claim. Stripe collects the invoice amount from the specified credit card account or bank account of the customer. In case of assignment, payment can only be made to Stripe with debt discharging effect. The credit card will be charged immediately after sending the customer's order in the online store or 2 days by SEPA direct debit. The seller remains responsible for general customer inquiries, e.g. regarding goods, delivery time, shipment, returns, complaints, revocation declarations and deliveries or credit notes, even if the payment method credit card payment via Stripe is selected. 
5) Delivery and Shipping Terms 
5.1 The delivery of goods shall be made by shipping to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing shall be decisive. 
5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if the customer was temporarily prevented from accepting the offered service, unless the seller had given the customer reasonable advance notice of the service. Furthermore, this does not apply with regard to the costs for the Hinsendung if the customer effectively exercises his right of withdrawal. In the case of effective exercise of the right of revocation by the customer, the provision made in this regard in the seller's revocation instructions shall apply to the return costs. 
5.3 Self-collection is possible by arrangement. 
5.4 Vouchers are provided to the customer as follows: 
   - by download 
   - by e-mail 
6) Retention of title 
If the seller makes advance payment, he retains ownership of the delivered goods until full payment of the purchase price owed. 
7) Liability for defects (warranty) 
7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply unless otherwise stated. We give a warranty of two years on the RIDEN frame and all attachments. The following items are excluded from the warranty: 
   - ordinary wear and tear of parts, including bearings, cables, cable casings, all lubricants such as oils, greases and brake fluid, chain, sprockets, chainrings, brake pads, tires, grips and handlebar tape, springs, derailleur hangers and seals. 
   - improper assembly or maintenance 
   - damage due to corrosion or negligence 
   - installation of unintended or incompatible spare or add-on parts 
   - accident or fall damage 
   - labor costs for the replacement of parts or conversion costs. 
Warranty coverage is void in the event of: 
   - Misuse of the product 
   - Non-intended use of the product, jumps and overstressing of any other kind 
   - Failure to follow the operating instructions 
   - Failure to carry out the prescribed regular maintenance by a specialist dealer 
   - Any modification to the frame, fork or components 
We reserve the right to repair defective frames or forks or to replace them with an appropriate successor model. Further costs for assembly, transport etc. will not be borne by us. 

7.2 Notwithstanding the foregoing, the following shall apply to used goods: Claims for defects shall be excluded if the defect only occurs after the expiry of one year from delivery of the goods. Defects occurring within one year from delivery of the goods may be claimed within the statutory limitation period. However, the reduction of the period of liability to one year shall not apply to 
   - for items which have been used for a building in accordance with their customary use and have caused its defectiveness, 
   - for claims for damages and reimbursement of expenses of the customer, as well as 
   - in the event that the Seller has fraudulently concealed the defect. 
7.3 The Customer is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the Seller thereof. If the customer does not comply with this, this shall have no effect on his statutory or contractual claims for defects. 
7.4 The Seller shall not be liable for defects in the performance of the telecommunication contract, for which the respective service provider is exclusively responsible. In this respect, the relevant statutory provisions shall apply, as well as any contractual terms and conditions of the respective service provider that deviate from these. 
8) Special Terms and Conditions for the Processing of Goods According to Certain Customer Specifications 
8.1 If, according to the content of the contract, in addition to the delivery of goods, the seller is also responsible for processing the goods according to certain specifications of the customer, the customer must provide the operator with all content required for processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the operator and grant the operator the necessary rights of use. The customer alone is responsible for the procurement and acquisition of rights to this content. The customer declares and assumes responsibility that he has the right to use the content provided to the seller. In particular, he shall ensure that no rights of third parties are violated thereby, in particular copyrights, trademark rights and personal rights. 
8.2 The Customer shall indemnify the Seller against claims of third parties which the latter may assert against the Seller in connection with an infringement of their rights by the contractual use of the Customer's content by the Seller. In this context, the Customer shall also bear the reasonable costs of the necessary legal defense, including all court and attorney's fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the seller immediately, truthfully and completely with all information necessary for the examination of the claims and a defense. 
8.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer for this purpose violates legal or official prohibitions or offends common decency. This shall apply in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth-endangering and/or violence-glorifying content. 
9) Special conditions for assembly/installation services 
If, according to the content of the contract, the Seller, in addition to the delivery of the goods, is also responsible for the assembly or installation of the goods at the Customer's premises and, if applicable, for the corresponding preparatory measures (e.g. measurement), the following shall apply: 
9.1 The Seller shall perform its services at its own discretion or by qualified personnel selected by it. In doing so, the Seller may also make use of the services of third parties (subcontractors) acting on its behalf. Unless otherwise stated in the Seller's service description, the Customer shall have no claim to the selection of a particular person to perform the desired service. 
9.2 The Customer shall provide the Seller with the complete and truthful information required for the performance of the service owed, unless the procurement of such information falls within the scope of the Seller's duties according to the content of the contract. 
9.3 The Seller shall contact the Customer after the conclusion of the contract in order to arrange a date for the owed service with the Customer. The Customer shall ensure that the Seller or the personnel commissioned by the Seller have access to the relevant facilities of the Customer on the agreed date. 

10) Redemption of promotional vouchers 
10.1 Vouchers which are issued free of charge by the Seller as part of promotions with a specific period of validity and which cannot be purchased by the Customer (hereinafter "Promotion Vouchers") can only be redeemed in the Seller's online store and only during the specified period. 
10.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotion voucher. 
10.3 Promotion vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible. 
10.4 Only one promotional voucher can be redeemed per order. 
10.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller. 
10.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference. 
10.7 The credit balance of a promotional voucher is neither paid out in cash nor does it bear interest. 
10.8 The promotional voucher shall not be refunded if the Customer returns the goods paid for in full or in part with the promotional voucher within the scope of its statutory right of revocation. 
10.9 The promotional voucher is intended only for use by the person named on it. Transfer of the promotional voucher to third parties is excluded. The Seller is entitled, but not obliged, to check the material eligibility of the respective voucher holder. 
11) Redemption of gift vouchers 
11.1 Gift Vouchers that can be purchased via the Seller's online store (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online store, unless otherwise stated in the Gift Voucher. 
11.2 Gift Vouchers and remaining balances of Gift Vouchers are redeemable until the end of the third year after the year of the purchase of the Gift Voucher. Remaining credits will be credited to the customer until the expiration date. 
11.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible. 
11.4 Only one gift voucher can be redeemed per order. 
11.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of additional gift vouchers. 
11.6 If the value of the Gift Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference. 
11.7 The balance of a gift voucher is neither paid out in cash nor does it earn interest. 
11.8 The Gift Certificate is intended only for use by the person named on it. Transfer of the Gift Certificate to third parties is excluded. The Seller is entitled, but not obliged, to verify the material eligibility of the respective Gift Voucher Holder. 
12) Applicable law 
12.1 All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence. 
12.2 Furthermore, this choice of law with regard to the statutory right of withdrawal shall not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract. 
13) Place of Jurisdiction 
If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller's registered office. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. However, in the aforementioned cases, the Seller shall in any case be entitled to invoke the court at the Customer's place of business. Where exactly? Kaiserslautern? 
14) Alternative Dispute Resolution 

15.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr 
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer. 
15.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.