GTC
General Terms and Conditions and Customer Information
Convenience translation. The German version of these General Terms and Conditions is the sole legally binding version; the contract language is German (see Part II, no. 3.1). In the event of any discrepancy between this translation and the German version, the German version prevails.
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Absolut Bikes GmbH) via the website www.absolutbikes.de, unless a modification is agreed in writing between the parties. Deviating or conflicting terms and conditions are only effective with our express consent.
(2) We offer our products for sale only insofar as you are a natural or legal person or a partnership with legal capacity who, when concluding the legal transaction, is acting in the exercise of a commercial or independent professional activity (entrepreneur). The conclusion of a contract with consumers is excluded.
§ 2 Conclusion of the Contract
(1) The subject matter of the contract is the sale of goods. The essential features of the goods can be found in the respective offer.
(2) Our offers on the internet are non-binding and do not constitute a binding offer to conclude a contract.
(3) You can submit a binding contractual offer (order) by telephone, e-mail, fax, post or via the online shopping cart system.
When purchasing via the online shopping cart system, the goods intended for purchase are placed in the “shopping cart”. Using the corresponding button in the navigation bar, you can call up the “shopping cart” and make changes there at any time. After calling up the “checkout” page and entering your personal data as well as the payment and shipping terms, all order data is displayed again on the order overview page.
Before submitting the order, you have the option of checking the information in the order overview again, changing it (also via the “back” function of your internet browser) or cancelling the order. By submitting the order via the corresponding button, you submit a binding offer to us. You will first receive an automatic e-mail confirming receipt of your order, which does not yet constitute conclusion of the contract.
(4) Acceptance of the offer (and thus conclusion of the contract) takes place, for orders placed by telephone, immediately or at the latest within 5 days by confirmation in text form (e.g. e-mail) in which the execution of the order or delivery of the goods is confirmed to you (order confirmation). If you do not receive a corresponding message within this period, you are no longer bound by your order. Any payments already made will be refunded to you without delay in this case.
(5) Upon request, we will prepare an individual offer for you, which will be sent to you in text form and to which we will be bound for 5 days (unless a different period is stated in the respective offer). You accept the offer by confirmation in text form.
(6) The processing of the order and transmission of all information required in connection with the conclusion of the contract takes place partly automatically by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct and that receipt of the e-mails is technically ensured and, in particular, is not prevented by SPAM filters.
§ 3 Prices, Terms of Payment and Shipping Costs
(1) The prices stated in the respective offers as well as the shipping costs are net prices. They do not include statutory value added tax.
(2) The shipping costs incurred are not included in the purchase price; they are charged separately unless free delivery has been promised. Further details can be found under a correspondingly labelled button on our website or in the respective offer.
(3) If delivery is made to countries outside the European Union, further costs for which we are not responsible may be incurred, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you.
(4) Costs incurred for money transfer (transfer or exchange rate fees of the credit institutions) are to be borne by you in cases where delivery is made to an EU member state but payment was initiated outside the European Union.
(5) You have the payment options shown under a correspondingly labelled button on our website or in the respective offer. Unless another payment period is stated for the individual payment methods or on the invoice, the payment claims arising from the concluded contract are due for payment immediately. The deduction of early-payment discounts (Skonto) is only permitted if expressly stated in the respective offer or on the invoice.
(6) SEPA direct debit (core and/or business-to-business direct debit)
When paying by SEPA core direct debit or SEPA B2B direct debit, you authorise us, by issuing a corresponding SEPA mandate, to collect the invoice amount from the specified account. The direct debit is collected within 1 day after conclusion of the contract. The period for transmitting the advance notice (pre-notification) is shortened to 5 days before the due date. You are obliged to ensure sufficient funds in the account on the due date. In the event of a return debit due to your fault, you must bear the resulting bank charge. We reserve the right to exclude the payment methods SEPA core direct debit and/or SEPA B2B direct debit on a case-by-case basis.
(7) Minimum order value. A minimum order value of €250 (net) applies to orders, based on the value of the deliverable goods. We reserve the right not to accept orders whose deliverable value does not reach this amount, or to execute them only once the minimum order value has been reached.
§ 4 Delivery Terms
(1) The expected delivery period is stated in the respective offer. Delivery dates and periods are only binding if they have been confirmed by us in writing. In the case of payment in advance by bank transfer, the goods are dispatched only after receipt of the full purchase price and shipping costs by us.
(2) Should a product ordered by you unexpectedly be unavailable — despite the timely conclusion of an adequate hedging transaction — for a reason for which we are not responsible, you will be informed of the unavailability without delay and, in the event of withdrawal, any payments already made will be refunded to you without delay.
(3) Dispatch is at your risk. If you so wish, dispatch will be made with corresponding transport insurance, whereby the costs incurred as a result are to be borne by you.
(4) Partial deliveries are permitted and may be invoiced by us independently, provided the deliverable value of the respective partial delivery reaches €50. From a deliverable value of €500, the goods are delivered free of shipping charges within Germany.
§ 5 Warranty
(1) The warranty period is one year from delivery of the item. The shortening of the period does not apply:
- to culpably caused damage attributable to us arising from injury to life, body or health, and to other damage caused intentionally or through gross negligence;
- insofar as we have fraudulently concealed the defect or assumed a guarantee for the quality of the item;
- for items which, in accordance with their normal use, have been used for a building and have caused its defectiveness;
- for statutory rights of recourse that you have against us in connection with rights arising from defects.
(2) Only our own information and the manufacturer’s product description are deemed to be agreed as the quality of the item, but not other advertising, public statements and representations of the manufacturer.
(3) In the event of defects, we provide warranty at our choice by rectification or replacement delivery. If the remedy of the defect fails, you may, at your choice, demand a reduction in price or withdraw from the contract. The remedy of defects is deemed to have failed after an unsuccessful second attempt, unless something else results in particular from the nature of the item or the defect or the other circumstances. In the case of rectification, we do not have to bear the increased costs incurred by transporting the goods to a place other than the place of performance, provided the transport does not correspond to the intended use of the goods.
§ 6 Right of Retention, Retention of Title
(1) You may exercise a right of retention only insofar as it concerns claims from the same contractual relationship.
(2) We retain title to the goods until all claims from the ongoing business relationship have been settled in full. Before title to the goods subject to retention of title has passed, pledging or transfer by way of security is not permitted.
(3) You may resell the goods in the ordinary course of business. In this case, you already now assign to us all claims in the amount of the invoice amount that accrue to you from the resale; we accept the assignment. You remain authorised to collect the claim. However, insofar as you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
(4) In the event of combination and mixing of the goods subject to retention of title, we acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.
(5) We undertake to release the securities to which you are entitled at your request insofar as the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is our responsibility.
§ 7 Choice of Law, Place of Performance, Place of Jurisdiction
(1) German law applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) The place of performance and place of jurisdiction is our registered office, insofar as you are a merchant, a legal entity under public law or a special fund under public law. The same applies if you have no general place of jurisdiction in Germany or the EU.
II. Customer Information
1. Identity of the Seller
Absolut Bikes GmbH
Westerbachstraße 9
61476 Kronberg am Taunus
Germany
Telephone: [insert current number]
E-Mail:
Authorised Managing Director: Muharem Mulabazi
Register court: Amtsgericht Königstein · HRB 12485
VAT ID no.: DE347476216
2. Information on the Conclusion of the Contract
The technical steps for concluding the contract, the conclusion of the contract itself and the correction options take place in accordance with § 2 of our General Terms and Conditions (Part I).
3. Contract Language, Storage of Contract Text
3.1. The contract language is German.
3.2. The full text of the contract is not stored by us. Before submitting the order or the enquiry, the contract data can be printed out using the browser’s print function or saved electronically.
These GTC were prepared by the IT-law specialists of the Händlerbund and are continuously checked for legal conformity (applies to the German original version). Further information at: http://www.haendlerbund.de/agb-service.
last updated: [insert date of new version]
