Terms and Conditions
General terms and conditions (GTC) and consumer information
(this is a translated version - please be aware that the german version is legally binding. In case there are misunderstandings due to the translation the german version and right applies)
1. Validity of the conditions
1.1 Distance sales contracts with B8 Cycles GmbH via the online shop www.edelrad.de are based on these General Terms and Conditions in the version valid at the time of the order. Conditions of purchase used by you when placing the order are already contradicted, unless we agree otherwise with you.
1.2 Our offer is aimed at adults, i.e. consumers and entrepreneurs who have reached the age of 18.
1.3 A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneurs in the sense of the terms and conditions are natural or legal persons or legal partnerships with whom we enter into a business relationship and who act in a commercial or independent professional activity.
2. Conclusion of the contract
2.1 Our offers for distance selling are not a binding offer, but a non-binding invitation to you to order goods from us by online order, telephone or fax. When ordering online via the virtual shopping cart, you place a binding order for the items that you previously placed in the shopping cart during the electronic ordering process by clicking the "order with obligation to pay" button on the final order page. Upon receipt of your order, we will immediately confirm it by email or fax, in which the details of the order are listed and the contract information / terms and conditions are included (order confirmation). The order confirmation does not yet represent acceptance of your online offer.
2.2 A purchase contract, i.e. the binding acceptance of the order with you, is only concluded with the express acceptance of the order in text form (order confirmation by letter, fax or email) or delivery of the goods to you. In this respect, we are entitled to accept your contract offer within 3 working days after receipt of the order. If we do not accept your contract offer and you have already made payment, we will of course reimburse you.
3. Information about the contract
3.1 As a matter of principle, we do not save the text of the contract and we will not otherwise make it available to you after the contract has been concluded. An exception applies if we provide you with a password-protected customer account for our online shop. In this case, the contract text will be saved in your customer account. The contract data and the contract text can then be accessed via your customer login via your order history. After you have placed your order, we will also send you an order confirmation along with these terms and conditions and consumer information by email, fax or letter. With the print function of your browser, you also have the option of printing out order data and contract text when you place your order.
3.2 You have the option of correcting input errors that have crept in while filling out the order in a summary using appropriate commands on the keyboard or by clicking the mouse before the final submission of your order. All entries can also be corrected using the back button of your browser before placing the order.
3.3 The contract is concluded in German with the company:
B8 Cycles GmbH
Bahnhofstrasse 8
86470 Thannhausen
3.4 We have not submitted to any special code of conduct (set of rules).
3.5 Since the contract is concluded and the further order processing with you takes place via email (e.g. order confirmation), you are obliged to ensure that the email address you provided for processing the order is activated so that the emails sent to you for processing the order are also activated approach. In particular, when using spam filters, you have to ensure that the order confirmation, as well as all other e-mails sent to you with the order processing, can be sent to you. In the course of order processing, we may pass on your email address to the shipping company for the purpose of notification of delivery.
4. Right of withdrawal
Private end consumers have a right of withdrawal (exepmt: customers from Switzerland have no right of withdrawal).
You can find our instructions on the right of cancellation for consumers on the extra page cancellation policy / cancellation form.
5. Prices, shipping costs, default in acceptance
5.1 Our prices are total prices in euros (EUR) for deliveries to Germany including the mandatory value added tax applicable in Germany. Due to legal regulations, other VAT rates may apply for deliveries abroad, which can influence the final price - so please select your country of delivery and you will see the final final prices. No discount is granted. The amount of the costs for packaging and shipping can be found on the shipping costs page.
5.2 If delivery to the address you provided is not possible, e.g. because the address was incorrect, we can invoice you for the costs of the unsuccessful dispatch. This does not apply in cases in which you are not responsible for the impossibility of delivery or were only temporarily prevented from accepting it.
5.3 General payment information can be found on our button "Delivery, shipping costs, means of payment" or a corresponding information page.
5.4 In the case of cross-border deliveries outside of the European Community (e.g. to Switzerland), additional costs may be incurred according to the statutory provisions applicable there, such as additional taxes and / or duties, for example in the form of customs duties. These costs are not additional shipping costs, so you have to bear them. If necessary, please find out more from the customs authorities in your country before ordering from abroad.
6. Means of payment, due date in advance
Please refer to the respective websites of the offer for the means of payment accepted by us. If we agree with you to pay in advance, the payment is due immediately after the conclusion of the contract.
7. Delivery, delivery restrictions, delivery times, transfer of risk
7.1 We point out delivery conditions, delivery times and delivery restrictions on the website of the offer.
7.2 If you are a consumer, we always bear the shipping risk regardless of the shipping method. If you are an entrepreneur, all risks and dangers of the shipment are transferred to you as soon as the goods have been handed over to the commissioned transport company.
8. Reservation of self-supply
We reserve the right not to deliver the goods in the event that they are not available or, if it is reasonable for you to do so, only partially (reservation of self-delivery). In both cases, we will inform you immediately that the ordered goods are not available and that any consideration you have already paid will be reimbursed immediately. The reservation of self-delivery only applies in the event that we have concluded a specific hedging transaction in good time and are not responsible for the lack of availability or that we ourselves have been let down by our sub-suppliers through no fault of our own. Further legal claims on your part remain unaffected.
9. Checking the delivery, complaints, defects
9.1 An outgoing goods inspection is always carried out before the goods are delivered, but in your own interest we recommend that you check the goods upon receipt. If you discover any damage or incorrect deliveries, please contact us as soon as possible so that we can coordinate the next steps with you.
9.2 If you notice any packaging and / or transport damage upon delivery, we ask you to have this confirmed in writing by the carrier upon delivery and to notify us. We will then vote the next steps with you. We recommend that you keep the damaged packaging for evidence purposes if possible.
9.3 If you fail to comply with the provisions in the aforementioned two paragraphs, this has no effect on your warranty rights.
9.4 If there is a commercial transaction within the meaning of Section 343 of the German Commercial Code (HGB) in the course of business transactions for the contracting parties, the commercial obligation to notify applies in accordance with Section 377 of the German Commercial Code.
10. Retention of title
The goods remain our property until you have paid for the goods in full.
11. Liability for defects, liability for other damage
11.1 The statutory liability for defects applies with the following provisions:
The warranty period for new items is 24 months for consumers, the warranty period for entrepreneurs is limited to 12 months. The warranty period for used items is 12 months for consumers; the warranty for defects is excluded for entrepreneurs. Claims for damages, claims due to defects that we have fraudulently concealed, and claims from a guarantee that we have assumed that the item will retain a certain quality for a certain period (durability guarantee) are excluded from this provision. For these excluded claims, the statutory limitation periods apply.
11.2 Our liability for other damages beyond the statutory liability for defects is also based on the statutory provisions.
12. Withdrawal from the contract
12.1 We are entitled to withdraw from the contract with regard to a part of the delivery or service that is still open if you have provided incorrect information about your creditworthiness or objective reasons have arisen with regard to your solvency or the opening or rejection of insolvency proceedings against your assets Procedure becomes known due to lack of cost-covering assets. Before you withdraw, you will be given the opportunity to make an advance payment or provide suitable security.
12.2 Irrespective of any claims for damages, in the event of a partial withdrawal, partial services already provided must be invoiced and paid for by you in accordance with the contract.
13. Severability clause, choice of law, jurisdiction agreement
13.1 If the aforementioned provisions are wholly or partly not part of the contract or are ineffective, the rest of the contract remains effective.
13.2 The law of the Federal Republic of Germany applies to the contractual relationship between us and you and to the respective terms and conditions. The UN sales law is excluded. This choice of law clause does not apply to consumers insofar as they have their habitual place of residence in another state in our delivery area and are subject to different mandatory consumer protection regulations there.
13.3. If you are a merchant within the meaning of the HGB, a corporation under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contract and these terms and conditions is our place of business. The same applies if the customer does not have a general place of jurisdiction in Germany or the EU, or if we do not know your place of residence or your usual place of residence at the time the action is brought. The authority to sue you at another legal place of jurisdiction remains unaffected.
14. Alternative Dispute Resolution
We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
Version: December 27, 2020