General terms and conditions with customer information
Table of contents
2. The conclusion of the contract
3. The right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Retention of title
7. Liability For Defects (Warranty)
9. Exemption in violation of third party rights
10. Redemption of promotional vouchers
11. Applicable Law
12. Alternative Dispute Resolution
1) scope of application
1.1 These General terms and conditions (hereinafter "terms and conditions") of the Steffen Braungardt, acting under "SB ONE Bikeparts", apply to all contracts for the supply of Goods concluded between a consumer or an entrepreneur (hereinafter "customer") with the seller regarding the seller in its Online store displayed Goods. This is the inclusion of the customer's own terms is contradicted, unless it is otherwise agreed.
1.2 a consumer within the meaning of these GTC is every natural Person who concludes a legal transaction for purposes which predominantly neither commercial nor their independent vocational activity may be attributed. Entrepreneurs in the sense of these GTC is a natural or legal Person or a legal partnership, in concluding a legal transaction in the exercise of their commercial or independent professional activity.
2) the conclusion of the contract
2.1 The Online Shop of the seller contained in the product descriptions do not constitute binding offers by the seller but intended to submit a binding offer by the customer.
2.2 the customer can submit The offer via the Online-Shop of the seller integrated Online order form. It is the customer after he has selected Goods in the virtual basket and passed through the ordering process by Clicking the the ordering process the final button, a legally binding contract offer in relation to the Goods in the shopping cart. Furthermore, the customer can submit the offer by telephone, by Fax, by E-Mail, postal mail or Online contact form to the seller.
2.3 The seller may accept the customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (Fax or E-Mail); insofar receipt of order confirmation by the customer is decisive, or
- by delivering ordered goods to the client, wherein the extent of access of goods by the customer is decisive, or
- by requesting the customer after delivery of the order for payment.
Several of the above Alternatives, the contract is concluded at the point in time at which one of the above Alternatives occurs first. The deadline for accepting the offer begins on the day after the despatch of the offer by the customer and ends with the expiry of the fifth day following the sending of the offer. The seller does not accept the customer's offer within the aforementioned period, this shall be deemed as rejecting the offer with the result that the customer is no longer bound by his Declaration of intention.
2.5 When selecting the payment method "Amazon Payments" payment processing via the payment service, Amazon Payments Europe s. c. a., 5 Rue Plaetis, L-2338, Luxembourg ("Amazon"), under the terms of the Amazon Payments Europe user agreement, available at https://payments.amazon.de/help/201751590. The customer chooses as part of the Online ordering process "Amazon Payments" as payment method, he left by Clicking the the ordering process the final button, at the same time, also a payment order on Amazon. For this case, the seller explained already, the acceptance of the offer by the customer in the point in time at which the client initiates by Clicking the button finalizing the order process the payment transaction.
2.6 When you submit an offer via the Online order form of the seller, the contract text is stored by the seller and the customer after submitting his order, together with these terms and conditions in text form (e.g. E-Mail, Fax or letter) sent to you. In addition, the contract text is archived on the seller's website and can be accessed by the customer via his password protected customer account by entering the respective Login information, provided the customer has applied before submitting his order, a customer account in the Online Shop of the seller.
2.7 Before submitting the order via the Online order form from the seller, the customer can read the possible input errors through the on-screen information presented recognize. An effective technical means of improving the detection of input errors may be the zoom function of the browser, with the help of the representation on the screen is magnified. The data entries can be corrected by the customer in the framework of the electronic ordering process, as long as the usual keyboard and mouse functions, up clicking the the ordering process the final Button.
2.8 For the contract the German language is exclusively available.
2.9 The order processing and contact can usually via E-Mail and automated order processing. The customer has to ensure that his or her designated for order processing E-Mail address is correct so that at this address from the seller sent E-Mails can be received. In particular, the customer has the use of SPAM, that can all be delivered by the seller or responsible for order processing third party E-Mails.
3) right of withdrawal
3.1 consumers a right to cancel.
3.2 Further information regarding the right of withdrawal resulting from the revocation of the seller.
3.3 The right of withdrawal does not apply to consumers, any member state of the European Union at the time of conclusion of the contract and whose sole residency and delivery address at the time of conclusion of the contract outside of the European Union.
4) prices and payment conditions
4.1 Unless otherwise stated in the product description of the seller otherwise, is at the stated prices are total prices. Sales tax is not shown, since the seller is a small business within the meaning of the UStG.
4.2 For deliveries to countries outside the European Union may incur other costs in individual cases, the seller is not responsible and which are to be borne by the customer. This includes the costs for money transfer by credit institutes (e.g. transfer fees, exchange fees) or legal import duties or taxes (e.g. customs duties). Such costs may also be incurred in terms of cash-on-delivery even if the delivery takes place in a country outside of the European Union, the customer makes the payment from a country outside of the European Union.
4.3 The payment method/s is/are communicated to the customer in the Online Shop of the seller.
4.4 if agreed in advance by Bank transfer, is the payment immediately after conclusion of the contract due and payable, unless the parties have agreed on a later due date.
4.6 If you select payment by "INSTANT Transfer" payment processing via the payment service provider IMMEDIATELY GmbH, Theresienhöhe 12, 80339 München (in Following "IMMEDIATELY"). To be able to the invoice amount via INSTANT Bank Transfer to pay, the client must have a to the participation to IMMEDIATELY Transfer, free activated Online Banking account with PIN/TAN procedure, the payment process according to legitimise the payment instruction to confirm IMMEDIATELY. The payment transaction is performed immediately afterwards, IMMEDIATELY and the Bank account of the customer debited. For more information on the payment method IMMEDIATE Transfer, the customer can access on the Internet at https://www.sofort.com/ger-de/kaeufer/su/so-funktioniert-sofort-ueberweisung/.
5) delivery and shipping conditions
5.1 The delivery of Goods takes place on the dispatch to the customer's delivery address, unless otherwise agreed.
5.2 Sends the transport the goods back to the seller because a delivery to the customer was possible, the customer bears the costs for the unsuccessful dispatch. This does not apply if the customer exercises his right of withdrawal to be effective, if he is not responsible for the circumstance that led to the impossibility of delivery, or if he was temporarily prevented from accepting the offered performance, unless the seller him the power had announced a reasonable time in advance.
5.3 if the customer Acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer once the seller handed over the goods to the forwarding agent, the carrier or otherwise to execute the dispatch specific Person or institution. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the sold goods until the Delivery of the goods to the customer or an authorized Person. Notwithstanding this, the risk of accidental loss and accidental deterioration of the sold goods, even when consumers already to the customer once the seller handed over the goods to the forwarding agent, the carrier or otherwise to execute the dispatch specific Person or institution, if the customer instructs the forwarder, the carrier or otherwise to execute the dispatch specific Person or institution with the execution, and the seller has not named the customer, this Person or institution before.
5.4 The seller reserves the right, in the case of incorrect or improper self-delivery, to withdraw from the contract. This applies only for the case that the non-delivery is not attributable to the seller and this has been completed with due diligence a concrete hedging transaction with the supplier. The seller will make all reasonable efforts to procure the goods. In the case of non-availability or only partial availability of the goods, the customer will be informed immediately and the payment will be refunded immediately.
5.5 self-collection is not possible for logistical reasons.
6) retention of title
6.1 for consumers, the seller reserves until full payment of the purchase price owed to the ownership of the delivered goods.
6.2 in relation To entrepreneurs, the seller reserves until full payment of all claims from an ongoing business relationship, the ownership of the delivered goods.
6.3 if the customer Acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business. All resulting claims against third parties, the customer assigns in the amount of the respective invoice value (including VAT) to the seller in advance. This assignment shall apply regardless of whether the reserved goods have been resold without or after processing. The customer remains entitled to collect the receivables also after the assignment. The right of the seller to collect the receivables ourselves remains unaffected. The seller will not collect the receivables as long as the customer meets his payment obligations towards the seller, does not default in payment and no application for opening of insolvency proceedings has been filed.
7) Liability For Defects (Warranty)
The purchased item is defective, apply the provisions of the statutory liability for defects. Deviating thereof, the following applies:
7.1 For Entrepreneurs
- establishes a minor defect basically no claims for defects;
- the seller has the choice of type of remedy;
- in the case of new Goods, the limitation period for defects is a year from transfer of risk;
are excluded for used Goods the rights and claims due to defects, in principle;
- the limitation period starts again when, in the context of liability for defects, a substitute delivery is made.
7.2 For consumers the limitation period for claims for defects for used Goods is one year from the date of delivery of the goods to the customer, with the limitation of the following paragraph.
7.3 The above limitations of liability and Statute of limitation shortenings don't apply
- for things that are not in accordance with their usual purpose for a building and have caused the defectiveness of that
- for damages from injury to life, body or health, premeditated or negligent breach of duty by the seller or an intentional or negligent breach of duty by a legal representative or vicarious agents of the seller are based,
- for other damages based on an intentional or grossly negligent breach of duty by the seller or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the user, as well as
- for the case that the seller has fraudulently concealed the defect.
7.4 Furthermore, for entrepreneurs, the statutory limitation periods for recourse claims according to § 478 BGB shall remain unaffected.
7.5 if the customer Acts as a merchant within the meaning of § 1 HGB, he is subject to the commercial duty to examine and notify defects pursuant to § 377 HGB. If the customer fails the regulated therein notification obligations, the goods shall be deemed approved.
7.6 if the customer Is a consumer, he is requested to transport the Goods which are delivered with obvious damages to the deliverer and to inform the seller thereof. If the customer does not comply, this has no impact on his statutory or contractual claims for defects.
The seller is liable to the customers from all contractual, quasi-contractual and statutory, and also tortious claims for damages and reimbursement of expenses as follows:
8.1 The seller shall be liable for any legal reason fully
- in the case of intent or gross negligence,
- in the event of wilful or negligent violation of life, body or health,
- due to a warranty promise, unless otherwise regulated,
- due to liability, such as under the product liability law.
8.2 if the seller negligently Infringes an essential contractual obligation, the liability is limited to contract-typical, foreseeable damage, unless in accordance with the above clause of unlimited liability. Essential contractual obligations are obligations the contract to the seller after its content purpose of the contract is imposed, the fulfillment of the proper execution of the contract possible and on whose compliance the customer regularly may trust.
8.3 In addition, excluded is the liability of the seller.
8.4 the Above liability provisions also apply to agents in respect of the liability of the seller for his assistants and legal representative.
9) exemption in violation of third party rights
The seller owes to the contents of the contract, in addition to the delivery of goods and the processing of the goods according to specific requirements of the customer, the customer must ensure that the seller of him for the purpose of processing the licensed content to any third-party rights (e.g. copyrights, or trademark rights). The customer shall indemnify the seller from claims of third parties, in connection with a violation of their rights by the contractual use of the contents of the customer by the seller against the claim. The customer shall assume the reasonable costs of necessary legal defence including all court and attorney costs at the statutory rate. This does not apply if the infringement is not the responsibility of the customer. The customer is obliged to inform the seller in the event of a claim by a third party immediately, truthfully and completely all information that is available for the examination of claims and a defense.
10) redemption of promotional vouchers
10.1 gift vouchers that are issued from the seller within the framework of advertising campaigns with a certain validity period, free of charge, and can not be purchased by the customer (hereafter "promotional vouchers"), can only be in the seller's Online Shop and during the indicated period of time redeemed.
10.2 Individual products may be excluded from the coupon promotion, if the restriction from the content of the promotional voucher.
10.3 promotional vouchers can only be used prior to completion of the order process redeemed. A subsequent settlement is not possible.
10.4 Per order can be redeemed a promotional voucher.
10.5 the value of The goods must equal at least the amount of the coupon. Any remaining balance will not be refunded by the seller.
10.6 the value of the promotional voucher is not Sufficient to cover the order, you can choose to pay for the Difference from the rest of the payment offered by the seller.
10.7 The balance of a promotional voucher will not be paid out in cash and is not subject to interest.
10.8 The promotional voucher will not be refunded when the customer returns with the promotional voucher in full or partially paid goods in the framework of his statutory right of withdrawal.
10.9 The promotional voucher is non-transferable. The seller may make payment with discharging effect to the respective holder who redeems the promotional coupon at the Online Shop of the seller. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-permission of the incapacity or the lack of representation of authorization of the respective owner.
11) Applicable Law
11.1 For all legal relationships of the parties, the law of the Federal Republic of Germany shall apply under exclusion of the laws about the international purchase of movable. In the case of consumers this choice of law only applies insofar as the protection granted by mandatory provisions of the Law of the state in which the consumer has his habitual residence, is withdrawn.
11.2 Furthermore, this choice of law applies in relation to the statutory right of withdrawal in the case of consumers, any member state of the European Union at the time of conclusion of the contract and whose sole residency and delivery address at the time of conclusion of the contract outside of the European Union.
12) Alternative Dispute Resolution
12.1 The European Commission provides on the Internet under the following Link, a platform for Online dispute resolution: http://ec.europa.eu/consumers/odr
This platform serves as a point of contact for out-of-court settlement of disputes arising from Online or service contracts in which a consumer is involved in the purchase.
12.2 The seller shall be obliged to participate in a dispute resolution procedure before a consumer arbitration not yet ready.