Conditions of Use
In the following the terms of contract are regulated in the context of sales contracts, which are concluded over this Onlineshop between Storck Bicycle GmbH, Rudolfstr.1 , 65510 Idstein and the respective buyer.
1. Scope of application, definitions
1. For the business relationship between the webshop seller (hereinafter referred to as "Seller") and the Buyer (hereinafter referred to as "Customer"), the following General Terms and Conditions shall apply in the version valid at the time of the order. Deviating terms and conditions of the Customer shall not be recognized unless the Seller expressly agrees to their validity.
2. A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity, § 13 of the German Civil Code (BGB). On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity, § 14 BGB.
2. Conclusion of contract
Insofar as the following refers to goods, this also includes - if offered - digital products (digital content or digital services) as well as goods with digital elements.
1. The presentation of the goods in the online store does not constitute a legally binding offer, but only an invitation to submit an offer by the customer.
The customer can select goods from the seller's assortment and collect them in a so-called shopping cart via the button - concerning the shopping cart. By clicking the button required for the conclusion of the purchase contract, the customer makes a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. The customer can at any time before a binding order by pressing the "back button" in the browser to return to the page on which his data were recorded. Input errors can be corrected here. By closing the Internet browser, the ordering process can be canceled. However, the application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions and thereby included them in his application.
2. The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the order of the customer has been received by the seller and does not constitute an acceptance of the application. The contract is not concluded until the Seller issues a declaration of acceptance, which is sent by a separate e-mail (order confirmation).
If the customer has chosen a payment method with immediate payment (such as PayPal / Paypal Plus / PayPal Express, Amazon Payments, Sofortüberweisung), the contract is concluded at the time of confirmation of the payment instruction by the customer. If the customer has chosen the payment method prepayment, the contract is already concluded when the customer receives a payment request with the corresponding bank details before the declaration of acceptance by the seller. With this payment request we accept your offer.
3. With the e-mail (order confirmation) or in a separate e-mail, but no later than upon delivery of the goods, the customer will be sent the text of the contract and any warranty conditions on a durable medium (e-mail or paper printout). The contract text will be stored in compliance with data protection. The current terms and conditions of the seller can also be viewed by the customer at any time at https://www.storck-bikes.com/de/conditions. Past orders are visible in the customer area under My Account -> Recent Orders.
In addition, the following regulations apply within the framework of Click & Collect.
4. The presentation of the products in the online store does not constitute a legally binding offer, but only an invitation to submit an offer by the customer.
5. The customer can select products from the seller's assortment and collect them in a so-called shopping cart via the button concerning the shopping cart. Via the button required for the conclusion of the purchase contract, he places a binding order for the purchase of the goods in the shopping cart. During the ordering process, the customer selects the collection day and the time window of the collection.
Before sending the order, the customer can change and view the data at any time. The customer can at any time by pressing the "back button" in the browser to get to the page on which his data has been recorded. Input errors can be corrected here. By closing the Internet browser, the ordering process can be canceled. However, the order can only be placed and transmitted if the customer has accepted these contractual conditions and thereby included them in his application. The purchase contract is concluded upon payment of the purchase price.
6. The confirmation of receipt of the order is made by an automated e-mail. The seller saves the text of the contract and sends it to the customer as well as any warranty conditions on a durable medium (e-mail or hard copy).
If the customer is a consumer, he has a statutory right of withdrawal. You can find more details in our cancellation policy.
The ordered goods will be provided by the seller and collected by the buyer in the store of the seller on the agreed date and time.
3. Production of goods according to customer specifications
1. The Customer shall provide the Seller with all necessary content, e.g. images, texts and files in the specified format, for the production of goods according to certain specifications of the Customer.
2. The customer grants the seller the necessary rights of use.
3. The customer undertakes to transmit only such data as he is entitled to use and the use of which does not infringe the rights of third parties. The Seller shall be indemnified by the Customer in the assertion of any third party claims and all costs of legal prosecution incurred in this respect.
4. Start of delivery period, delivery, provision of digital content
1. The delivery period shall commence in the case of payment in advance on the day after the payment order is issued to the remitting bank or, in the case of other payment methods, on the day after the contract is concluded and shall end with the expiry of the last day of the period. If the last day of the period falls on a Saturday, Sunday or a public holiday recognized by the state at the place of delivery, the next working day shall take the place of such a day.
2. The delivery shall be made to the delivery address specified by the customer.
3. If delivery to the customer was not possible and the transport company returns the ordered goods to the seller, the customer shall bear the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if the customer was temporarily prevented from accepting the offered service, unless the seller had given him a reasonable time notice.
5. Retention of title
Until full payment, the delivered goods remain the property of the seller.
6. Prices and shipping costs
1. the prices indicated on the web page of the salesman understand themselves plus or including the valid in each case legal value added tax.
2. Any shipping and delivery costs incurred are shown during the ordering process and are - unless otherwise stated - to be borne by the customer.
For consumers applies:
3a. The goods are shipped by a transport company commissioned by the seller. The shipping risk is borne by the seller if the customer is a consumer.
For entrepreneurs applies:
3b. The goods shall be shipped by a transport company commissioned by the Seller. The risk of accidental loss or accidental deterioration of the purchased item shall pass to the Buyer as soon as the Seller has handed over the item to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment.
4. In the case of shipment to a country outside the European Union may incur additional costs, such as customs duties or taxes. These are to be borne by the customer and are not paid to the seller, but directly to the responsible entity. This also applies to the return of the goods in case of a possible revocation.
7. Payment modalities
1. During the ordering process the customer will be shown the available payment options. These may be payment options such as prepayment, credit card or the use of payment service providers such as PayPal, Klarna or Amazon Pay. During the ordering process, the customer will receive further information. The seller may determine the available payment options at its discretion.
2. The payment of the purchase price is due immediately after the conclusion of the contract, if no later due date has been agreed between the parties. If the due date of payment is determined by the calendar, the customer is already in default by missing the deadline.
For consumers applies:
2a. Point 2 shall only apply if the customer has been specifically informed of this legal consequence in the invoice or payment schedule. In the event of default, the Customer shall pay to the Seller default interest in the amount of 5 percentage points above the respective base interest rate.
For entrepreneurs applies:
2b. In case of default, the Customer shall pay to the Seller default interest in the amount of 9 percentage points above the prime rate.
3. The obligation of the customer to pay default interest does not exclude the assertion of further default damages by the seller.
4. Value vouchers can only be redeemed in the online store of the seller. There is no cash payment or interest. Only one value voucher can be redeemed per order. If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference. If there is a remaining balance after the redemption of the voucher, this is automatically credited to a customer account and can be redeemed at the next purchase. If the customer has not created a customer account, the remaining amount remains on the voucher and can be redeemed at the next purchase. The voucher as well as any remaining credit can be redeemed until the end of the third year after the date of issue. If the voucher or the remaining credit is not redeemed by then, the credit expires. The voucher code must be entered in the appropriate fields before completing the order. Subsequent use of the voucher is not possible. The voucher is not personal and therefore transferable, so that the seller can pay with discharging effect to the respective voucher holder. This does not apply if the holder redeeming the voucher was not entitled and the seller knew this or was grossly negligent in not knowing this. In the event of a revocation by the customer, the redeemed value will be credited back to the voucher or - if created - to the customer account. The voucher will be made available to the customer as contractually agreed, e.g. by means of downloads.
5. Promotional vouchers are issued free of charge and have only a limited period of validity. The customer takes this from the respective voucher. Only in this period and only for the goods included in the promotion, the voucher can be redeemed in the online store of the seller. The credit of a promotional voucher is neither paid out in cash nor does it earn interest. Only one promotional voucher can be redeemed per order. The voucher code must be entered in the fields provided before completing the order. Subsequent use of the voucher is not possible. The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller. If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference. The voucher is not personal and therefore transferable, so that the seller can pay with discharging effect to the respective voucher holder. This does not apply if the holder redeeming the voucher was not entitled to do so and the seller knew this or was grossly negligent in not knowing this. If goods paid for with the voucher are returned in the event of a revocation, there is no entitlement to a refund of the voucher. The voucher will be made available to the customer as contractually agreed, e.g. by means of downloads.
In addition, the following rules for payment modalities apply in the context of Click & Collect.
Payment is made during the ordering process using one of the payment methods offered.
8. Warranty for material defects, guarantee
1. All goods in the Seller's store are subject to the statutory warranty rights. The seller is liable for material defects in accordance with the applicable statutory provisions, in particular § § 434 et seq. BGB.
2. The warranty period for newly manufactured goods delivered by the Seller to entrepreneurs shall be 12 months from the transfer of risk. The limitation periods for seller recourse according to § 445a BGB remain unaffected.
3. If there is a guarantee for individual items, this will be expressly stated in the item description. The details can be found in the respective warranty conditions.
1. Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the seller, his legal representatives or agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract.
2. In the event of a breach of material contractual obligations, the seller shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the customer's claims for damages are based on injury to life, body or health.
3. The restrictions of paragraphs 1 and 2 shall also apply in favor of the legal representatives and vicarious agents of the Seller if claims are asserted directly against them.
The provisions of the Product Liability Act shall remain unaffected.
10. Right of withdrawal
If the customer is a consumer, he has a statutory right of withdrawal. Further information on the right of revocation can be found in the revocation instructions.
11. Information on data processing
12. Code of Conduct
The seller has submitted to the test criteria of Geprüfter Webshop, which can be viewed on the Internet at https://www.gepruefter-webshop.de/files/6815/2724/8502/Prüfkriterien_Stand_05.2018.pdf.
13. Dispute resolution (if the customer is a consumer)
The EU Commission has created an Internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. More information is available at the following link: https://ec.europa.eu/consumers/odr
The Seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
14. Final provisions
1. Contracts between the Seller and the Customer shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. In the case of orders placed by consumers from abroad, mandatory regulations or the protection granted by judicial law of the respective country of residence shall remain in force and shall apply accordingly.
2. If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
3. The contract language is German.
These GTC were created by www.gepruefter-webshop.de and are regularly checked for legal security.