LEGAL
Contractors
On the basis of these General Terms and Conditions (GTC), a contract is concluded between the customer and
RF Biketech
represented by Frank, Roehlich
Address: Muehlweg 10, 97720 Nuedlingen
Phone: +49 971 / 78 51 197
Fax: +49 971 / 78 51 334
E-Mail: info@rf-biketech.de
VAT ID: DE812004195
hereinafter referred to as the supplier.
Subject of the contract
This contract regulates the sale of new goods and services from the area(s) vehicle parts via the online store of the provider. Because of the details of the respective offer is referred to the product description of the offer page.
T&C
§1 – Contractual partners, scope of application
Contracts are concluded in the name and for the account of RF-Biketech GmbH, Muehlweg 10, 97720 Nuedlingen (Commercial Register No.: HRB 4263, VAT ID No. DE 812004195), represented by the CEO Frank Roehlich.2 For the business relationship between RF-Biketech GmbH, Muehlweg 10, 97720 Nuedlingen, represented by the CEO Frank Roehlich (hereinafter referred to as “RF-Biketech GmbH”) and the customer (hereinafter referred to as “Customer”), the following General Terms and Conditions shall apply exclusively in the version valid at the time of the order.3. The Customer has the option to conclude the purchase contract in German or English.
§2 – Formation of the contract
The offers of RF-Biketech GmbH on their Internet pages represent a non-binding invitation to the customer to make an offer to purchase goods. The customer can select goods from the range of goods of RF-Biketech GmbH and collect them via a corresponding button in a so-called shopping cart. Before submitting a binding offer (cf. § 2 No. 2), the customer has the possibility to change and view the goods in the shopping cart at any time.By clicking the button “order with obligation to pay”, the customer submits a binding offer to purchase the goods previously collected in the shopping cart. By submitting and transmitting the offer, the customer declares that he accepts these contractual terms (General Terms and Conditions) and has thereby included them in his offer. The confirmation of the receipt of the order (order confirmation) of the customer does not constitute an acceptance of the offer of the customer.3. RF-Biketech GmbH can accept this offer within five calendar days by sending an order confirmation or by sending the ordered goods. Otherwise, the offer is considered rejected.4. RF-Biketech GmbH reserves the right to reject orders that exceed customary quantities.
§3 – Delivery, availability of goods
Within Germany RF-Biketech GmbH usually delivers within the stated (especially in the online store) delivery time. If the customer pays the goods by “prepayment”, the delivery will be made only after receipt of the purchase price or the invoice amount at RF-Biketech GmbH. If the goods are permanently not available at the time of the order, RF-Biketech GmbH will inform the customer immediately. In this case the contract offer of the customer is not accepted. A contract is not concluded in this case. As far as possible, the customer will be offered an equivalent product in quality and price. However, the customer does not have to accept this proposal. If the goods are only temporarily not available, RF-Biketech GmbH will inform the customer immediately. In case of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. In this case RF-Biketech GmbH is also entitled to withdraw from the contract. The customer will be refunded any payments made immediately.When ordering custom-made products, a withdrawal from the purchase contract due to possible delivery delay is not possible, especially if the order is already partially processed.
All prices are quoted in EURO including the statutory VAT excluding costs for packaging and shipping. The costs for packaging and shipping (shipping costs) are calculated separately.2. The flat rate shipping costs to be borne by the customer for the shipping costs depends on the country of delivery and the order value and is displayed to the customer before his order. The customer can see the amount of the respective shipping costs flat rate in the order confirmation, which is sent by RF-Biketech GmbH by e-mail. Alternatively, the customer service informs on the phone number 0971 78 51 197 about the amount of the shipping fee associated with the order. For cash on delivery shipments, regardless of the order value within Germany, additional cash on delivery fees in the amount of currently 5.60 EUR (incl. Euro 2.- delivery fee) are charged by the delivery company3. The following payment options are available to the customer: Invoice, cash on delivery, credit card, financing, prepayment and PayPal. In case of invoice and direct debit customers Biketech GmbH, or in case of financing Biketech GmbH contractual partner Santanderbank, shall carry out a credit assessment (Div. payment methods only possible from age of majority). For this Biketech GmbH needs the telephone number and the date of birth of the customer. The payment of the purchase price is due upon conclusion of the contract, in case of invoice customers upon receipt of the invoice.4. orders from abroad are only possible by credit card, prepayment or paypal.
§5 – Guarantee / Warranty
Biketech GmbH shall be liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. An additional warranty for the goods delivered by Biketech GmbH shall only exist if it has been expressly given in the order confirmation for the respective item.
§6 – Liability
Biketech GmbH shall only be liable for intent and gross negligence. In the event of injury to life, body, health or from the breach of essential contractual obligations, Biketech GmbH shall be liable in accordance with the statutory provisions. 2. in the event of a breach of essential contractual obligations, Biketech GmbH shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless it is a matter of intent or gross negligence. 3. the provisions of the German Product Liability Act shall remain unaffected.
§7 – Retention of ownership
Until full payment has been made, the delivered goods shall remain the property of Biketech GmbH.
§8 – Data protection
Biketech GmbH stores and collects data of the customer within the scope of the execution of the contract. Biketech GmbH shall in particular observe the provisions of the Federal Data Protection Act and the Telemedia Act as well as DSGVO.
§9 – Cancellation policy
The customer is expressly informed of the right of withdrawal to which he is entitled. The right of withdrawal is 14 days after purchase of the goods. In particular, in the case of custom-made products, a revocation within 14 days can only be made if the production for the corresponding parts have not yet started. The customer will be informed about the conditions, the deadlines and the procedure for exercising the right of withdrawal for custom-made products, in the context of a separate instruction.
§10 – Right of return
For all purchases (except custom-made products) Biketech GmbH grants, in addition to the statutory right of withdrawal, a voluntary right of return of a total of 14 days from receipt of the goods. However, a prerequisite for exercising the voluntary right of return is that the customer has only examined/tried out the goods for fitting, as in a retail store, and returns or sends the goods complete, in their original condition, intact and without damage in the original sales packaging. If the customer wants to return a package, please send it back to Biketech GmbH with Biketech GmbH’s address and sufficient postage via DHL. For this purpose, the customer simply drops off the package at a post office branch or a DHL parcel store. The voluntary right of return does not apply to the purchase of gift vouchers. The repayment will be made to the account used for payment.2. The customer’s statutory right of withdrawal is not affected by compliance with the rules on the supplementary contractually granted voluntary right of return and remains in force regardless of this. Until the expiry of the period for the statutory right of withdrawal, only the legal conditions listed there apply. Furthermore, the contractually granted voluntary right of return does not limit the customer’s statutory warranty rights, which remain unrestricted for the customer.
§11 – Other
When purchasing accessories, wear parts, conversion & styling goods or other goods that are individually manufactured for the respective vehicle, the customer must ensure before its use or installation that the type of use is in accordance with the specifications and approvals and any restrictions of the operating manual of the vehicle manufacturer. Furthermore, the customer shall use only those goods that have been manufactured for use on his specific type of vehicle and have been approved for its application. The installation or use of a product that was not manufactured for this type of vehicle or the use of which was not permitted by the operating manual may result in damage to the vehicle or damage to life and health. Biketech GmbH shall not be liable for such damages; for the rest, reference is made to 6.2 Insofar as goods bear features of quality seals (TÜV/GS-tested or similar) or indications that the goods are in compliance with the statutory provisions (StVO or similar), such indications shall only refer to German law and its scope of application. Insofar as the customer intends to use the goods in a country other than Germany, he shall check the legal situation applicable to him before using or installing the goods.3. information on the return of used oil in accordance with § 8 of the Waste Oil OrdinancePursuant to the Waste Oil Ordinance, Biketech GmbH is obliged to take back used oils (combustion engine and gear oils) free of charge. The customer may return the used oils to BIKETECH GMBH in the quantity corresponding to the quantity purchased from Biketech GmbH. The customer can return the used oils there at any time during the opening hours according to the quantity purchased by you at Biketech GmbH.
§12 – Final clauses
Contracts between Biketech GmbH and the customers shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods, subject to mandatory provisions of international private law.
§13 – Online dispute participation
Dispute resolution procedure (Germany) We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board Dispute resolution procedure (EU) “Information on online dispute resolution: The EU Commission has created an Internet platform for the online settlement of disputes (so-called “OS platform”). The OS platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. The customer can access the OS platform at the following link: ec.europa.eu/consumers/odr/” The place of jurisdiction in all cases is Bad Kissingen, or the district court of Schweinfurt.
RF-Biketech 01.08.2017
CONTACT
RF-Biketech GmbH
Muehlweg 10
97720 Nuedlingen
Germany
OPENING HOURS
Monday – Friday:
09 – 12 AM, 01 – 05.30 PM
Saturday:
10 – 12.30 PM (only March – October)
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