General Terms and Conditions
GENERAL BUSINESS CONDITIONS (GTC) of velo-si-ped
Ralf Merkel
Wilhelmine-Reichard-Str.7
80935 Munich
Phone: 089 45 23 4343
Email:
St.-No. 145 / 206 / 51633 / VAT-IdNo. DE335550026
1.Scope
The following general terms and conditions of sale, delivery and repair apply to contracts between velo si ped (Mr. Ralf Merkel) and their customers (consumers). All deliveries and services that we provide for the customer (consumer) are made exclusively on the basis of the following General Terms and Conditions (GTC). The consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to his commercial or independent professional activity (Section 13 of the German Civil Code/BGB).
2.Conclusion of the purchase contract, price and performance conditions
Orders from the customer to us are merely an offer of velo-si-ped for the conclusion of a contract. The order confirmation is not acceptance of the contract by us. The offer to conclude a purchase contract must be made to velo-si-ped in writing, by e-mail or via internet (contact form). The acceptance of the purchase contract offer by us takes place with separate order confirmation or with delivery of the goods. All prices are in EUR incl. applicable statutory VAT. Prices are not binding in principle. Likewise, all product and service descriptions, regardless of the form of presentation and the product characteristics to which they are related, are non-binding.
3.Reservation of title, terms of payment and delivery dates
The delivered goods (especially bicycles, spare parts, accessories) remain the property of velo-si-ped until full payment of the purchase price. A sale of goods on account is excluded. Payment terms are agreed individually for each sale process. Costs for possible improper or unauthorized chargebacks for credit card payments are to be paid by the cardholder.
Delivery dates, e.g. for the purchase of new and pick-up of repair bicycles are non-binding.
4.Warranty
The statutory warranty rights apply. The rights arising from any guarantee are neither excluded nor limited by these GtC. In any case, the date of the warranty start must be proven by a corresponding proof of purchase, such as invoice. Usual wear and tear is excluded from the warranty. Warranty obligations also do not exist if any defects are due to improper use or to wear and tear exceeding the usual level, e.g. of a competitive bet.
In the event of a legal or material defect after failed subsequent performance, the buyer chooses to cancel the contract (withdrawal), he shall not be entitled to compensation due to the defect.
5.Liability
Claims for damages by the customer are excluded. This does not apply to the extent that velo-si-ped has to comply with mandatory statutory provisions (e.g. product liability law), in the case of intent, gross negligence, injury to life, body or health or due to the violation of essential contractual obligations, i.e. obligations which velo-si-ped has to grant to the customer according to the content and purpose of the contract or whose fulfilment enables the proper execution of the contract in the first place and on whose fulfilment the customer is allowed to rely on Liable. A claim for damages due to a slightly negligent breach of essential contractual obligations is limited to the foreseeable damage typical of the contract.
6.Repair and assembly conditions
The provisions of 3. of these General Terms and Conditions apply in accordance with these GTC, if no essential different agreement has been concluded below. The terms and conditions do not apply if repairs are carried out within the scope of claims for defects of the contractual partner.
a. If the estimated price of the services is not stated at the time of conclusion of the contract, the customer may set cost limits.
b. Binding cost estimates are only prepared upon express request by the customer. A cost estimate requested by the customer is only binding if it is submitted by us in writing and designated as binding. The customer shall be charged for the services required to submit the cost estimate if the repair is not carried out or if it cannot be used during the execution of the repair.
c. If it is apparent during the repair that the expected costs of the repair exceed the non-binding estimated costs and are not in an economically reasonable relationship to the time value of the item to be repaired, we will inform the contractual partner immediately. The same applies to defects that we only notice on the occasion of repair and which were not previously covered by the scope of the repair order.
d. After a cancellation of a repair for which we are not responsible, the item shall only be returned to its original state at the express request of the contractual partner against reimbursement of the resulting costs.
e. When calculating the repair, the prices for used parts, materials and special services as well as the prices for the work services, if applicable travel and transport costs must be shown separately. If the repair is carried out on the basis of a binding cost estimate, a reference to the cost estimate is sufficient, whereby only deviations in the scope of services must be mentioned in particular.
f. If the customer terminates the contract, he shall pay the work and costs incurred up to that point, including expenses for spare parts ordered and already procured.
g. Payments are due immediately and without deduction after acceptance.
h. Velo-si-ped's information on repair or assembly periods is based on estimates and is non-binding.
Ⅰ.In cases of unforeseeable operational obstacles (e.g. procurement difficulties of spare parts, delay in delivery or performance by suppliers) as well as in cases of official interventions, force majeure and industrial disputes, binding deadlines are also extended appropriately.
j. The customer is obliged to accept the acceptance as soon as he has been notified of the completion. Due to insignificant defects, acceptance cannot be refused.
k. If the customer is in arrears with the acceptance, the acceptance shall be deemed to have taken place after the expiry of twelve working days since the notification of completion.
l. Velo-si-ped is entitled to a lien on the repair or assembly item of the customer which has come into his possession on the basis of the contract. The lien may also be asserted against claims arising from previously carried out work, deliveries of spare parts and other services insofar as they are related to the subject-matter of the order. The lien only applies to other claims arising from the business relationship if these claims are undisputed or legally established.
m. The customer must immediately notify a defect of the repair or assembly velo-si-ped. If the customer has carried out repair or assembly work improperly or had carried out by a third party without the consent of velo-si-ped, velo-si-ped shall not be liable for this work. The same applies if, at the customer's request, the replacement of parts in need of renewal is not necessary. Following a dispute between velo-si-ped and a consumer customer that could not be resolved through negotiations with the consumer customer, consumer customers can in principle contact the General Consumer Arbitration Centre of the Centre for Conciliation, which is responsible for general consumer problems:
Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V. Straßburger Straße 8, 77694 Kehl am Rhein, , Telefon: 07851 / 795 79 40
7.Final Provisions
Velo-si-ped is not willing or obliged to participate in a dispute resolution procedure before a consumer arbitration body.
8.Applicable law
German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
velo-si-ped, Ralf Merkel, 4th of Feb. 2021