Conditions of Use
General Terms and Conditions
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.
6. 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.
7. 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).
8. If the customer is a consumer, he has a statutory right of withdrawal. You can find more details in our cancellation policy.
9. 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:
3. 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:
4. 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.
5. 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:
3. 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:
4. In case of default, the Customer shall pay to the Seller default interest in the amount of 9 percentage points above the prime rate.5. The obligation of the customer to pay default interest does not exclude the assertion of further default damages by the seller.
6. 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.
7. 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.
9 Liability
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.
4. 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
Data protection is particularly important to us. Therefore, you will find our detailed privacy policy separately on our homepage.
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.
General Terms and Conditions for Suppliers of Storck Bicycle GmbH
1 General - Scope of application
1. The legal relationship between Storck Bicycle GmbH (hereinafter referred to as ‘Customer’) and its suppliers shall be governed exclusively by these General Terms and Conditions (GTC). Deviating terms and conditions of the supplier shall only be recognised if the purchaser has expressly agreed to them in writing. These GTC shall also apply if the Purchaser accepts the Supplier's delivery without reservation in the knowledge of conflicting or deviating terms and conditions.2. Amendments and supplements to these GTC must be made in writing in order to be effective.
3. These GTC shall only apply to entrepreneurs within the meaning of Section 310 (1) BGB.
2 Order
1. Supply contracts (order and acceptance) as well as their amendments and supplements must be in text form in order to be legally effective.2. If the Supplier does not accept the order within five working days of receipt, the Customer shall be entitled to cancel the order at any time.
3 Delivery dates and deadlines
1. Agreed delivery dates and deadlines are binding. Decisive is the receipt of the goods by the purchaser.2. The supplier is obliged to inform the purchaser immediately and in writing of any delays in delivery. If the Supplier fails to do so, it may not invoke the impediment vis-à-vis the Purchaser. The Purchaser's rights due to the delay in delivery shall remain unaffected.
3. Partial deliveries are only permitted with the express written consent of the Purchaser.
4. Early deliveries require the written authorisation of the Purchaser. The purchaser reserves the right to invoice the supplier for the storage costs for goods delivered prematurely.
4 Delay in delivery
1. If the Supplier does not fulfil its delivery obligations within the agreed period, it shall be liable in accordance with the statutory provisions.2. The purchaser is entitled to demand a lump-sum compensation for the delay amounting to 10% of the delivery value. The Supplier reserves the right to prove that no or less damage has been incurred. The Purchaser may demand compensation for higher damages.
5 Shipping instructions - transfer of risk
1. Unless otherwise agreed in writing, deliveries shall be made free domicile to the specified delivery address in compliance with the Purchaser's shipping instructions.2. The supplier is obliged to state the order number as well as the supplier and article numbers on all shipping documents and delivery notes. In the event of non-compliance, the supplier shall be liable for delays.
3. The supplier must use suitable packaging in accordance with the relevant regulations. Deliveries shall be made by arrangement on Euro or one-way pallets from Monday to Thursday between 9:00 am and 2:00 pm.
6 Prices and invoice
1. The agreed prices are fixed prices and include delivery, packaging and insurance costs as well as any customs duties and levies, but not the statutory VAT.2. Invoices shall only be processed if they comply with the statutory provisions and contain the order, supplier and article numbers stated in the order. The supplier shall be liable for the consequences of non-compliance.
3. The purchaser has the right to assert statutory rights of set-off and retention.
7 Payment
1. Payments shall be made by bank transfer. The discount and payment periods shall commence upon receipt of a proper invoice, but not before receipt of the goods.2. In the event of delivery in breach of contract, the Purchaser shall be entitled to withhold payment on a pro rata basis until proper fulfilment.
3. Claims of the Supplier may only be assigned with the written consent of the Purchaser.
8 Retention of title
Title to the delivered goods shall pass to the Purchaser upon receipt of the goods. A simple retention of title shall only be recognised if this is demonstrably necessary to secure the delivery. Further reservations of title are excluded.9 Notification of defects
The purchaser is obliged to inspect the goods for quality and quantity deviations within a reasonable period of time. Notification of defects shall be deemed to have been made in good time if it is made within 30 working days of receipt of the goods or, in the case of hidden defects, after their discovery.10 Liability for defects
1. The Supplier warrants that the delivered goods are free of defects and comply with the agreed specifications and the latest statutory requirements.2. In the event of defective delivery, the Purchaser shall be entitled to the statutory warranty rights without restriction. The Purchaser may, at its discretion, demand subsequent fulfilment, delivery of new goods or compensation for damages.
3. The Supplier shall also be liable for recall costs incurred as a result of its defective delivery. Warranty claims shall expire 36 months after delivery of the goods.
11 Product Liability - Indemnity - Liability Insurance
1. The supplier shall be liable for product damage for which it is responsible and shall indemnify the purchaser against third-party claims for damages upon first request.2. The supplier is obliged to take out adequate public liability and product liability insurance and to maintain it for the entire duration of the contract.
12 Industrial property rights
The Supplier warrants that no third-party rights are infringed by its delivery. The Supplier shall indemnify the Purchaser against third-party claims upon first written request.
13 Warranties
1. The supplier warrants that all delivered products comply with the statutory safety and environmental regulations and bear the corresponding safety marks.2. The supplier undertakes to participate in legally prescribed return systems and to ensure proper disposal.
14 Force majeure
In the event of force majeure, the contracting parties are obliged to inform each other immediately and to adapt their obligations to the changed circumstances.
15 Place of jurisdiction - place of fulfilment
1. The place of jurisdiction for all disputes is the place of business of the customer.2. Unless otherwise agreed, the place of fulfilment shall be the place of business of the customer.
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