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ready2bike GmbH
ready2bike
GmbH
General Terms
and Conditions for Online Orders
1. Scope
The following
General Terms and Conditions (GTC) form the exclusive legal basis for orders and
deliveries of products ordered by you online in our internet shop. We do not
accept any deviating terms or conditions of the ordering party. Language of the purchase contract is German.
2. Order, contract closing
Your order
constitutes your offer to close a purchase contract with us. The purchase
contract shall only enter into effect once ready2bike accepts your offer by
sending an order confirmation, delivering the ordered product(s) or announcing its/their forthcoming delivery.
Our order
confirmation is incisive for the content of the purchase contract. ready2bike
does not offer products for sale to minors, and ready2bike products for children
can also only be purchased by adults.
3. Information on the right of revocation
As the ordering
party, you are entitled to revoke your contractual declaration without
specifying reasons in writing (e.g. by letter, fax or email) within two weeks of
the date of receipt of the product or by returning the goods. The revocation
declaration and/or returned product must be delivered to:
· Letter:
ready2bike GmbH, Rothenbächlestraße 3, D-79730 Murg
· Fax:
+49(0)7763 / 919826
· Email:
info@ready2bike.de
If revocation is
legally effective, the performance received by either party must be returned
along with any benefit derived from the same (e.g. interest). ready2bike will
bear the costs of return delivery intra Germany, whereby the ordering party may use
the return delivery label supplied by ready2bike with the product. You will have
to bear the costs of return if the delivered goods are equivalent to the ordered
goods and the price of the returning goods is not more than 40 Euro or if the
returning is send from abroad.
If you can not
return the product or return it only in deteriorated condition, you can be
obliged to furnish respective compensation. This shall not apply if such
deterioration is due exclusively to an examination of the product of the kind
generally performed in a store.
You can also avoid
the compensation obligation by not making use of the ready2bike product and
desisting from any action that could impair its value.
The above
provisions do not apply if the delivered product is not the product ordered or
displays defects. A revocation right is precluded for goods delivered that were
produced by ready2bike according to customer specifications or are evidently
tailored to you personal preference as the ordering party.
4. Delivery
Unless agreed
otherwise, delivery shall me made to the delivery address specified by you as
the ordering party. ready2bike statements regarding the delivery term are
non-binding, unless a binding delivery date is specifically agreed in
exceptional cases. This shall not affect the legal entitlements of the ordering
party.
5. Payment, payment default
The prices listed
at the time of online order placement plus forwarding charges shall apply. All
ready2bike price quotations are inclusive of legal value added tax. (Registered
customers from outside the EU will be shown the prices without VAT.)
Up to an
order value of 10,-- EUR we charge 5,-- EUR low order fee.
The ordering party
may pay the purchase price and forwarding charge by prepayment or PayPal;
deliveries within Germany may also be paid by cash on
delivery (plus encashment fee). Discounts may not be deducted.
Payments are to be
made under specification of the customer and order number as well as the first
and last name of the ordering party into the following account:
Payments
in euros:
Bank: Volksbank Rhein Wehra eG
Account
holder: ready2bike GmbH
Account
No.: 42649902 (IBAN: DE74684900000042649902)
Bank
Code: 68490000 (BIC: GENODE61BSK)
Payments in
Swiss francs:
Bank: Postfinance
Account
holder: ready2bike GmbH
Account
No.: 60-297504-2 (IBAN: CH8609000000602975042)
BIC:
POFICHBEXXX
If the ordering
party is in payment default, ready2bike shall be entitled to claim default
interest in the amount of 5 percentage points above the base rate annually. If
ready2bike has demonstrably incurred greater default damage, ready2bike shall be
entitled to assert a respective damages claim.
ready2bike is
entitled to allocate payments from an ordering party to previous debts of the
same.
6. Forwarding charges
You will find a
schedule of the ready2bike delivery and forwarding charges here:
Delivery and forwarding charges.
There is no
separate charge for packaging costs.
7. Setoff, retention
The ordering party
shall be entitled to a setoff right only if its counterclaims have been
determined with legal effect, accepted by ready2bike or are uncontested. The
ordering party may exercise a right of retention only if its counterclaim is
based on the same contractual agreement.
8. Reservation of title
The delivered goods
remain property of ready2bike until paid in full. In the event of payment
default or disintegration of the ordering party’s assets, ready2bike shall be
entitled to demand instant handover of goods delivered, but not yet fully paid.
9. Defects
If a purchased
product displays defects, the legal regulations under §§ 434 ff. German Civil
Code shall apply. Cession of the respective claims of the ordering party is
precluded. The warranty and liability for defect of ready2bike does not include
damage caused by natural wear and tear, inappropriate use or deficient or
inappropriate care and maintenance.
Unless stipulated
otherwise below, further claims of the ordering party on whatever legal grounds
are precluded. ready2bike is therefore also not liable for damage not incurred
in the delivered product itself. In particular, ready2bike is not liable for
lost profit or other asset damage of the ordering party.
To the extent that
a liability of ready2bike is precluded or limited, this shall also apply to the
personal liability of employees, representatives or vicarious agents of
ready2bike.
The above liability
restriction shall not apply if damage was caused by premeditation or gross
negligence on the part of ready2bike and in cases of personal injury. It shall
further not apply if the ordering party asserts claims under §§ 1, 4 German
Product Liability Act (Produkthaftungsgesetz - ProdHaftG).
If ready2bike is in
negligent breach of a material contractual obligation, its obligation to pay
damages for property damage shall be limited to the damage typically to be
expected.
If subsequent
performance has been rendered by replacement delivery, the ordering party shall
be obliged to return the product initially delivered to ready2bike within 30
days using the return delivery label supplied. The return of the defective
product must be performed in compliance with the regulations under §§ 439 par.
4, 346-348 German Civil Code. ready2bike reserves the right to claim damages
under the applicable legal regulations.
The statute of
limitations for defects is twenty-four months, beginning with the goods delivery
date (goods transfer).
10. Protection of data
privacy
ready2bike shall
handle your personal customer date as required by law, in particular the German
Data Protection Act Bundesdatenschutzgesetz ‑ BDSG).
Information
ready2bike receives from the ordering party helps improve the customer
relationship between ready2bike and the ordering party continuously. ready2bike
uses this information for order filling, delivery and payment handling
purposes. ready2bike also uses the information provided by the ordering party
to communicate with the same about orders, products, services and marketing
offers and to update its data records, maintain the customer account of the
ordering party and to recommend products or services that might be of interest
to the same. In addition, ready2bike uses the information provided to improve
its online platform, prevent or detect abuse of the ready2bike website or to
permit third parties to perform technical, logistical or other services by order
of ready2bike.
You as the ordering
party are, of course, entitled to object to the transfer of your data for
advertising purposes at any time. To do so, please contact our data protection
officer by sending an email to
info@ready2bike.com.
11. Governing law
All contracts
between ready2bike and the ordering party are governed exclusively by the law of
the Federal Republic of Germany.
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