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§ 1 Scope
Only the following General Terms and Conditions as amended at the time of the purchase order apply to the business relation between you and bestbike Radsport Andreas Kommer, Bahnhofstrasse 43, 52477 Alsdorf, Germany. bestbike will not accept any deviating conditions of you unless bestbike has expressly agreed in writing.
§ 2 Partners to the contract
bestbike Andreas Kommer
Bahnhofstrasse 43
52477 Alsdorf
Germany
Phone: +49 (0) 2404 / 87272
Fax: +49 (0) 2404 / 22323
E-mail: [email protected]
§ 3 Conclusion of the contract
By your purchase order, you submit a binding offer to conclude a contract, to bestbike. The purchase contract is caused by bestbike accepting your purchase offer by the dispatch of the good. The automatic confirmation e-mail after the receipt of the purchase order does not constitute an acceptance by bestbike. It only confirms that bestbike received your offer to purchase. For cash in advance payment bestbike submits the bank account information by e-mail. This e-mail does not constitute an acceptance by bestbike.
The text of the contract is stored. The automatic confirmation e-mail after the receipt of the purchase order contains the purchase order data. At any time you are able to visualise or download bestbike´s General Terms and Conditions on this site.
The purchase contract can be concluded in german or english language.
§ 4 Instruction on your right to cancel
Instructions on cancellation
Right to cancel
You are entitled to cancel your offer to conclude a contract within 14 days, with no necessity to state reasons. The period of 14 days starts with the handing over of the goods to you or a third person you appointed, except the carrier.
In order to cancel your offer to conclude a contract, you need to declare clearly in writing the wish to cancel. A clear declaration can be done by conventional mail, fax or e-mail. You are welcome to use the sample request for cancellation included. The on-time dispatch of the cancellation will do to comply with the period for cancellation.
The cancellation has to be addressed to (Address where also court documents can be served to):
bestbike Andreas Kommer
Bahnhofstrasse 43
52477 Alsdorf
Germany
Phone: +49 (0) 2404 / 87272
Fax: +49 (0) 2404 / 22323 E-mail: [email protected]
Consequences of cancellation
In case of a valid cancellation, we are returning all payments we received from you, including delivery costs (exempted are delivery costs, which result from a different shipping method than our standard, most cost effective shipping fee) within a 14 day time period. This period starts with the day we receive your cancellation request. Refunds will be done by the same payment method chosen when making the order unless otherwise agreed. By no means will we be charging fees for refunds. We can refuse refunds until the goods are back in our hands or you can proof the goods have indeed been shipped back to us, whichever point in time is the earliest.
You are obliged to ship items back to us without delay and at the latest 14 days from the day you informed us of the cancellation request.
Return address:
bestbike Andreas Kommer
Bahnhofstrasse 43
52477 Alsdorf
Germany
The period of cancellation is complied with if you send the goods back within 14 days of receiving them. We pay for shipments back to us.
Worsening of the goods and benefits made from that use only have to be compensated for if the use or the worsening of the goods are a result of using the goods to an extend which goes beyond the check of the features or function.
End of instructions on cancellation
§5 Sample request for cancellation
Sample request for cancellation
If you want to cancel your contract with us, please fill out this from and send it back to us.
bestbike Andreas Kommer
Bahnhofstrasse 43
52477 Alsdorf
Germany
Phone: +49 (0) 2404 / 87272
Fax: +49 (0) 2404 / 22323 E-mail: [email protected]
- I/we(*) hereby declare the wish to cancel the buying contract of the following products(*)/ fulfillment of services(*)
- Ordered on(*)/received on(*)
- Name of customer(s)
- Address of customer(s)
- Signature of customer(s) (only if done by letter)
- Date
____________________________
(*) Please delete where inapplicable.
§ 6 Exclusion of right to cancel
No such right to cancel exists for you
1. if you are not consumer in the sense of section 13 BGB (Civil Code).
2. if goods have been custom build or assembled to your specifications, as long as the single parts can only be separated with disproportional efforts or with significant adverse effects on function or condition of the parts.
3. in the case of data media with audio or video recording or software, if you have unsealed the data medium.
§ 7 Delivery, later delivery
If not otherwise agreed, the delivery will be made to the delivery address you indicated. Any statements about the term of delivery are unbinding unless the date of delivery is stated bindingly in exceptional cases.
In individual cases, bestbike offers you that a product not available at this time will be sent to you on a later date, as soon as available (later delivery). You will not pay any further shipping cost or fees for cash on delivery for later deliveries.
§ 8 Exchange
bestbike is not obligated to exchange faultless goods. bestbike will normally comply with your request to exchange, as far as it is possible. bestbike shall be entitled to claim shipping cost for the shipment of the exchanged good. Your right to cancel (compare §4) is not limited or excluded in any way by this provision.
§ 9 Payment
If you are a buyer from Germany you can pay bestbike by cash on delivery, electronic direct debiting, credit card (American Express, Mastercard, Visa), PayPal, advance payment or on account. bestbike is entitled to refuse electronic direct debiting or payment on account for individual customers or individual orders. We ask our customers from abroad to pay by credit card, PayPal or advance payment only.
Payment by credit card, PayPal and direct debiting will only be triggered off when the good is dispatched.
If paying by advance payment, you will transfer the money directly into our bank account in advance. Please keep in mind that you have to borne bank fees which might be charged with advance payments from abroad. bestbike has to receive the total invoice amount.
§ 10 Due date and delay
The purchase price will become due immediately on the conclusion of the contract. In the case of an order per invoice the invoice will contain the due date. If you are delayed with paying, bestbike is entitled to charge interest on defaulted payment.
§ 11 Reminder fees
If you do not pay the purchase price after the first reminder, bestbike is entitled to charge a reminder fee of 5 EUR for the second reminder.
§ 12 Set-off, right of retention
You shall only be entitled to offset if your counterclaims are res judicata or acknowledged by bestbike. In addition, you shall only be entitled to exercise your right of retention if your counterclaim is based on the same contractual relation.
§ 13 Retention of title
The good remains the property of bestbike until full payment.
§ 14 Warranty for defects and liability
The statutory warranty conditions shall apply. The warranty period is 2 years and commences on handing over the good. Your warranty claims are limited to subsequent compliance (removal of defects or replacement) in the first place.
Unless otherwise stated below, any further claims are excluded, irrespective of which cause in law. bestbike therefore shall not be liable for losses not incurred at the supplied good itself. Notably, bestbike shall not be liable for lost profit or other economic loss. To the extent to which the liability of bestbike is excluded or limited, this shall also apply for the personal liability of employees, agents and vicarious agents.
The above limitation of liability shall not apply if the cause for the loss is based on intent or gross negligence or if injury of life, body, or health is involved. Also, the limitation of liability shall not apply if your raise claims based on §1, §4 Produkthaftungsgesetz (product liability act). Furthermore, the limitation of liability shall not apply at breach of a significant contractual duty.
§ 15 Data protection and data security
Your personal data, such as credit card number, postal code, bank account number, name, and address entered in the scope of the purchase order will be encoded and therefore secured against unauthorized access on the Internet. bestbike uses a safe transfer process, the so-called "Secure Socket Layer" (SSL).
By placing the purchase order, you declare to agree that bestbike stores, processes, and uses in the scope of the customer relation your personal data contained in the purchase order.
For more information concerning the protection of your personal data please see bestbike's Privacy Policy.
§ 16 Applicable law
The entire legal relation between you and bestbike is based on the German law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.