§ 1 General
1.1 Bike-Bep24 (hereinafter referred to as "BEP24") offers goods in the field of bicycles, electric bicycles, bicycle trailers, accessories and spare parts via the online shop under the domain www.bike-bep24.com The goods are exclusively new.
1.2 These General Terms and Conditions apply to the entire business relationship between "BEP24" and the customer.
1.3 Customers in the sense of the above sales conditions are both consumers and entrepreneurs.
1.3.1 Any natural person with whom a business relationship is entered into and who acts for a purpose which cannot be attributed to his independent or commercial or professional activity shall be regarded as a consumer.
1.3.2 An entrepreneur within the meaning of these GTC is any natural or legal person or a partnership with legal capacity with which a business relationship is entered into and which acts in the exercise of its commercial or independent professional activity.
§ 2 Conclusion of contract
2.1 The products and services listed in the online shop do not represent "BEP24" binding offers. The offers are an invitation to the customer to submit a binding offer to "BEP24".
2.1.1 Product illustrations as well as illustrations or drawings are only regarded as approximate product descriptions.
2.1.2 The products listed in the online shop of "BEP24", in particular electronic components and devices, meet the requirements of the German market (voltage 230Volt; connections according to German standard; CE-certified).
2.2 With the order - be it in writing, by telephone or electronically - the customer bindingly declares his offer of contract. BEP24" shall immediately confirm receipt of the electronic order to the customer. The order confirmation does not represent an acceptance of the order; however, this can be combined with the declaration of acceptance.
2.3 "BEP24" is entitled to accept the customer's contractual offer within three working days of receipt. Acceptance can be declared either by express notification or by delivery of the goods.
2.4 "BEP24" does not assume any procurement risk. In the case of incorrect or improper self-supply by suppliers, "BEP24" reserves the right to release itself from the obligation to fulfil the contract. Should the service not be available or only partially available, "BEP24" will inform the customer immediately. Should the customer declare his withdrawal in this case, the consideration will be immediately refunded to the customer.
2.5 We sell all products only in household quantities. This applies both to the order of a product in a single order and to several orders of the same product, which are placed in close, temporal connection.
§ 3 Cancellation Policy
Consumers are entitled to a right of revocation in accordance with the provisions of the Distance Selling Act with regard to purchased goods in accordance with the following instructions:
You have the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the day
in which you or a third party named by you who is not the carrier has taken possession of the goods, if you have ordered one or more goods as part of a uniform order and the goods are delivered or will be delivered uniformly;
where you or a third party other than the carrier designated by you has taken possession of the last goods, if you have ordered several goods under a single order and the goods are delivered separately;
where you or a third party other than the carrier designated by you has taken or has taken possession of the last partial consignment or the last item.
If several of the above alternatives exist, the withdrawal period shall not begin to run until you or a third party other than the carrier designated by you has taken possession of the last goods or the last partial consignment or the last piece.
In order to exercise your right of revocation, you must inform us:
Mr. Alexander Baster
Elpke 104 c
33605 Bielefeld, Germany
Phone: +49 521 92 48 512
Fax: +49 521 92 48 516
inform you by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this Agreement.
You can use the sample text prescribed below for this purpose. However, the use of the sample text is not mandatory. In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you revoke this Agreement, we will refund to you all payments we have received from you, including delivery charges (other than additional charges resulting from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date we receive notice of your revocation of this Agreement. For such refund we will use the same means of payment as you used for the original transaction unless expressly agreed otherwise with you. You will not be charged any fees for the refund.
We may refuse to refund any packaged goods until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods which can be sent by parcel post to us immediately and in any case at the latest within fourteen days of the day on which you notify us of the revocation of this contract. This period shall be deemed to have been observed if you dispatch the goods before expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
We will collect the goods which cannot be sent as parcels.
You shall bear the direct costs of returning the goods. In the case of goods which cannot be sent as a parcel, the costs amount to a maximum of 115.00 EUR for returns within Germany and a maximum of 250.00 EUR for returns from abroad.
You only have to pay for a possible loss in value of the goods if this loss in value is due to a handling of the goods that is not necessary for checking their condition, properties and functionality.
The right of revocation does not apply to distance contracts.
the supply of goods which are not prefabricated and the manufacture of which is determined by an individual choice or destination made by the consumer or which are clearly tailored to the personal needs of the consumer,
for the delivery of goods that can spoil quickly or whose expiration date is quickly exceeded.
The right of withdrawal expires prematurely in the case of distance contracts.
for the delivery of sealed goods which, for health or hygiene reasons, are not suitable for return if their seal has been removed after delivery;
the delivery of goods if, after delivery, they have been inseparably mixed with other goods due to their nature.
§ 4 Prices, delivery costs and shipping costs
4.1 The prices listed within the online shop represent final prices. They therefore include all price components including any taxes. Delivery and shipping costs are not included in the purchase price. Therefore, the shipping of the goods, in particular to foreign countries, is basically subject to shipping costs, which the buyer also has to bear.
4.2 The shipping costs incurred are not included in the purchase price. They can be called up via an appropriately designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne additionally by you unless delivery free of shipping costs has been promised.
4.3 Unless otherwise agreed, the shipping costs per order refer to one delivery. If necessary, partial deliveries can also be made at an extra charge.
§ 5 Terms of payment
5.1 Unless otherwise agreed, the customer has access to the payment options listed in the online shop, including
Bank transfer immediately,
Prepayment via bank transfer,
Cash payment upon pick-up.
5.2 The customer must pay the purchase price plus any delivery and shipping costs at the latest 10 days after receipt of the request for payment; the receipt of the amount by "BEP24" is decisive. After the unsuccessful expiry of the deadline, the customer is in default of payment without further explanation on the part of the seller.
§ 6 Right of retention
The customer may only assert a right of retention if his counterclaim is based on the same contractual relationship.
§ 7 Delivery and shipping conditions
7.1 Unless otherwise agreed in individual cases, the goods shall be delivered against payment in advance and by way of dispatch. The shipment of the goods will be initiated by "BEP24" at the latest three working days after crediting of the purchase price to be paid by the customer plus any shipping costs incurred.
7.2 If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods shall pass to him as soon as the consignment has been handed over to the person performing the transport.
7.2.1 In the case of consumers, the risk of accidental loss and accidental deterioration of the goods shall pass to the consumer when the goods are handed over to the consumer.
7.2.2 With regard to the transfer of risk, it shall be the same as the handover if the customer is in default of acceptance.
7.3 The customer affirms that he has indicated the correct and complete delivery address with his order. Should additional shipping costs arise due to incorrect address data, e.g. shipping costs incurred again, the customer shall reimburse these costs.
7.4 Unless otherwise agreed in individual cases, delivery shall be made free curbside.
§ 8 Reservation of title
"BEP24" reserves the ownership of the goods until full payment. If the customer should be an entrepreneur, "BEP24" reserves itself the property at the commodity up to the fulfilment of all requirements, which are entitled to it against the buyer from the business relation.
§ 9 Warranty
9.1.1 The customer, who is a consumer, is initially entitled to subsequent performance if the goods are defective. In this respect, the consumer can choose between the elimination of the defect or the delivery of a defect-free item. "BEP24" is entitled to refuse the chosen type of subsequent performance if this is only possible at disproportionate costs.
9.1.2 If the supplementary performance has failed, the customer, who is a consumer, can demand a reduction of the purchase price (abatement) according to the statutory provisions, declare withdrawal from the contract, claim damages or compensation for futile expenses.
9.2.1 If the customer is an entrepreneur, he must notify "BEP24" of obvious defects in the goods within 14 days of receipt of the goods, otherwise warranty claims are excluded. A notice of defects must be made in text form, i.e. by letter, fax or e-mail to "BEP24". The timely dispatch of the notice of defects is sufficient to meet the deadline.
9.2.2 If the customer, who is an entrepreneur, is entitled to warranty claims, the supplementary performance can be carried out at the option of "BEP24" by eliminating the defect or by the delivery of new goods.
9.2.3 If the customer, regardless of whether consumer or entrepreneur, deliberately or negligently recognizes that the goods are actually not defective or that the defect can not originate from the area of responsibility of "BEP24" and he nevertheless asserts his warranty rights, he is obliged "BEP24" to replace the costs incurred by an unjustified request for removal of defects.
9.3.1 The limitation period for the rights of a consumer in the case of defects in a new item is two years, for the rights of an entrepreneur one year from delivery of the goods.
9.3.2 Warranty claims of the entrepreneur with regard to used goods shall not exist; this shall also apply to defects which occurred after conclusion of the contract but before transfer of risk.
9.4 The products distributed by "BEP24" should only be installed by suitable specialist companies, but not by corresponding laymen. If the products are not properly installed and/or used, claims from any (manufacturer) warranty are excluded. No liability or warranty can be accepted for damage or defects resulting from improper installation and/or improper use of the products sold.
§ 10 Transport damage
The customer shall support "BEP24" to the best of his ability in the event of transport damage, insofar as claims are asserted against the relevant transport company or transport insurance.
10.1 If the (partial) loss or damage is not externally recognisable, the customer must notify "BEP24" within five days of delivery or the transport company within seven days of delivery in order to ensure that any claims against the transport company are asserted in good time.
10.2 Any rights and claims of the customer, in particular his rights in case of defects of the goods, shall remain unaffected by the provisions of § 10.1 of these GTC. These therefore do not include a preclusive period for the customer's rights pursuant to § 9 of these General Terms and Conditions.
§ 11 Final provisions
11.1 The relations between the contracting parties shall be governed by the laws of the Federal Republic of Germany. In the case of customers who conclude contracts for the delivery of movable goods for a purpose which cannot be attributed to the professional or commercial activity of the consumer, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
11.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of performance and jurisdiction for all disputes arising from this contractual relationship is the registered office of "BEP24". The same applies in the event that the customer, who is an entrepreneur, does not have a general place of jurisdiction in Germany, or in the event that the usual place of residence is not known at the time the action is filed. Even then, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of "BEP24". The authority to appeal to the court at another legal place of jurisdiction remains unaffected by this.
§ 12 Possibility of storage and inspection of the contract textQ
The GTC can be viewed in the online shop at any time on the detail page "GTC", which can be accessed via the link "GTC" in the lower area of the online shop. There you have the possibility to save or print the general terms and conditions.
Status: July 2018
Sample withdrawal form
Mr Alexander Baster
Elpke 104 c
33605 Bielefeld, Germany
I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*) /the provision of the following services (*).
Ordered on (*) / received on (*)
Name(s) of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only for paper communication)
(*) Delete as appropriate.
§ 12 Rental conditions
I. The trailer and its use
By taking over the rented trailer, the lessee acknowledges that it is in a roadworthy, roadworthy, defect-free and clean condition together with accessories.
2. The lessee may only use the trailer in a roadworthy manner in compliance with the statutory regulations, in particular the road traffic regulations. He may not use the trailer off the beaten track or for any other purpose than its intended use.
3. The trailer may only be used by the lessee. The renter is only entitled to pass the trailer on to his family/group for use. Upon questioning, he is obliged to inform the renter at the beginning of the contract who uses the bicycles. Subletting of the trailer is excluded.
The trailer may not be used for test purposes, in commercial traffic, for a journey abroad or for illegal purposes without the written consent of the Lessor.
II. Obligations of the Lessee
The lessee undertakes to handle the trailer with care and in compliance with the technical rules and to park it only in a safe place in a locked condition.
2. the lessee undertakes to inform the lessor of any defects occurring during the rental period when the trailer is reproduced.
If a repair becomes necessary, the lessor shall bear the costs if its cause is neither due to improper handling by the lessee nor to the lessee's fault. The hirer is responsible for the latter circumstances. In the event of a defect for which he is responsible, the Lessor must be given the opportunity to carry out the repair himself or to provide a spare wheel, insofar as this is reasonable for the Lessee.
The lessee is obliged to inform the lessor immediately if the trailer has been involved in an accident or lost due to theft. In the event of an accident, the lessee must submit a detailed written report to the lessor together with a sketch. The report on the accident must in particular contain the names and addresses of the persons involved and of any witnesses as well as the registration numbers of any vehicles involved.
1. The lessor shall only be liable for intent or gross negligence.
2. The hirer must return the trailer in the same condition in which he took it over.
3. The hirer is liable for culpable damage to the trailer and for breach of his contractual obligations. He shall then also reimburse the ancillary costs of the damage.
If a third party compensates the Lessor for the damage, the Lessee shall be released from his obligation to pay compensation.
VI. return of the trailer
The lessee must return the trailer to the lessor at the agreed location at the latest by the end of the agreed rental period and by 18:00 hrs at the latest.
An extension of the rental period requires the consent of the Lessor before the end of the rental period.
If the trailer is not returned in time, the Hirer shall pay the Lessor the daily rent for each day or part thereof and, if applicable, compensate the Lessor for any additional damage.
The Lessor is entitled to complain to the Lessee about any defects for which the Lessee is liable within 3 working days of the return of the trailer.
The hirer is responsible for transporting the hire bicycle back to the SETA Hotel.
VII. Concluding remarks
1. no further collateral agreements have been concluded, amendments and supplements to the contract must be made in writing. This also applies to this written form clause.
2 Should individual provisions of the contract be or become invalid, this shall not affect the validity of the remaining provisions.
A deposit of € 30,-- per trailer is agreed upon. This amount will be paid to the renter after the return of the bicycles and the determination that there is no damage to them. Bike-Bep24 is responsible for estimating any repair costs required. This has to settle the deposit immediately after the repair with the renter.