General trading conditions of bikehardest

 §1 Validity of the conditions

 The supplies, the achievements and offers through bikehardest exclusively take place due to these trading conditions. The trading conditions apply also for all future business relations, even if they are not again expressly agreed upon.

 §2 Conclusion of a contract

 (1) Everything in folders, announcements, Internet appearances etc. contained offers are not-binding and noncommittal - also concerning the quotations -.
(2) Orders/orders of the customer represent a binding offer on conclusion of a contract. A conclusion of a contract and thus a contractual connection too bikehardest come off only after written confirmation of bikehardest, or with distribution of the commodity to the customer. Both is considered as acceptance by the order/the order of the customer of delivered contract offer. The acceptance can be explained within 7 calender dates.
(3) All agreements, those between the salesman and the buyer for the execution of the present Treaty to be met to require writing.

§3 Prices, price adjustments

 (1) the prices include the legal value added tax.
(2) The prices do not include any forwarding expenses. Forwarding expenses for a dispatch within Germany are proven with remote paragraph contracts dependent on the commodity which can be dispatched separately in each case in the offer.
(3) As far as between conclusion of a contract and agreed upon and/or actual delivery date more than six months lie, those apply at present for the supply or supply of valid prices of bikehardest; if the latter prices exceed agreed upon the first around more than 10%, then the customer is entitled to withdraw from the contract.

 §4 Delivery times

 Agreements over dates of delivery or times for delivery - obligatorily or witthout obligation - require writing.

  §5 Delivery

 (1) Bikehardest reserves itself, bicycles, to dispatch trailers and other goods only pre-mounted. The customer has to procure the final assembly in this case.

§6 Rights of the customer because of lack

 (1) The supplied commodity does not have the agreed upon condition, or is suitable it not for after the contract the presupposed or the usual use, or has it not the characteristics, which the customer can expect after the public expressions of bikehardest, affords bikehardest in principle NAK ago filling by subsequent delivery of a faultless commodity or by removal of the lack. In all other respects the general legal regulations apply.
(2) The period of limitation for the managing requirements amounts to with new goods two years starting from delivery of the commodity, with used goods and with repair work one year.

§7 Limitation of liability

(1) With a not deliberate and roughly negligent injury of a contract obligation the adhesion of bikehardest is not limited to, the contract-typical, direct average damage foreseeable according to the kind of the commodity. This applies also with easily negligent obligation injuries of the legal representatives or executing aides of bikehardest.
(2) The managing limitation of liability does not apply, so far an injury of lives, bodies or health is present. Furthermore the limitation of liability applies not if the customer makes requirements from product liability valid.

§8 Retention of title

 (1) Up to the fulfilment of all demands, which are entitled now or in the future bikehardest from each argument against the customer, keeps itself bikehardest the property at the supplied goods forwards (reservation commodity). The customer may not have the reservation commodity.
(2) With accesses of third - in particular bailiffs - the reservation commodity the customer to the property of bikehardest to refer and inform bikehardest immediately, so that it can implement their vested titles. As far as third is not able, bikehardest the judicial or to costs out of court developing in this connection to refund, clings for this the customer.
(3) To be out-required with behavior contrary to the terms of the agreement of the customer - in particular with delay of payment - bikehardest entitled the reservation commodity is from the contract to be withdrawn and.

 §9 Payment

 (1) Calculations of bikehardest are immediately payable without departure. With remote paragraph contracts the commodity is delivered by cash on delivery or against Vorkasse.
(2) Bikehardest the refusal of cheques or changes reserves itself expressly. The acceptance takes place always only as payment.
(3) The buyer is entitled to the set-off only if the counterclaim is undisputed or validly determined. For retention the buyer is entitled however also because of counterclaims from the same contractual relation.

§10 Right of revocation

 (1) with remote paragraph contracts has the customer the right to recall its declaration of intention directed toward conclusion of the contract in accordance with condition of the following revocation instruction. The legal regulations apply.
(2) The right of revocation does not exist with goods, which are made after Kundenspezifikationen or clearly are cut to the personal needs or which are not suitable for a return due to their condition or fast to spoil to be able or their expiration date was exceeded, as well as with orders from abroad, for which the German remote paragraph law does not apply. Besides the right of revocation exists not with the supplies of audio, videos or software, if the supplied data media were unsealed by the consumer.

 Power of revocation

 You can your contract explanation within two weeks without indication of reasons in text form (e.g. Letter, fax, E-Mail) or by return of the commodity recall. The period begins at the earliest with receipt of this instruction. For keeping the punctual sending off of the revocation or the commodity is sufficient for the period of revocation. The revocation is to arrange on:
bikehardest
Einsteintsr.153
81675 Munich,
Germany
Tel: 0049 (0) 89 38905106
Fax: 0049 (0) 89 38905107

In case of an effective revocation are to be refunded on both sides received achievements and if necessary. pulled uses (e.g. To give change interest). If you cannot refund the received achievement to us totally or partly or only in worsened condition, you must us to that extent if necessary. Indemnification according to value carry out. During the hiring of things this does not apply, if the degradation of the thing had been exclusively on their examination - like her you for instance in the shop possible - to be led back is. In all other respects you can avoid the indemnification according to value obligation, by taking the thing not like an owner in use and omitting everything, which impairs their value. Things package-capable of being shipped are to be sent back. They have to bear the cost of the return, if the supplied commodity corresponds to the ordered and if the purchase order value does not exceed an amount of EUR 40.00 or if with a higher purchase order value at the time of the revocation yet the return or a contractually agreed upon partial payment did not furnish you. 

Otherwise the return is free for you. Things package-capable of being shipped are not fetched with you. Obligations for refunding of payments must fulfill you within 30 days after sending off of your Widerrufserklaerung. Special references your right of revocation expires during a service prematurely, if your contracting party began with the execution of the service with your agreement before end of the period of revocation or it these to have arranged (e.g. by Download etc.).

§11 Data storage, data security

 Bikehardest treats all personal data communicated by the customer confidentially. The data necessary for contract execution are stored electronically and processed, as far as this is necessary for the completion and execution of the contract. A data acquisition, a data communication and/or an other processing of personal customer data for other purposes are not made.

§12 Applicable right

For all supplies and achievements applies excluding the right of the Federal Republic of Germany.

§13 Area of jurisdiction and other regulations

 (1) As area of jurisdiction become Munich, which agrees upon seat of bikehardest, if the customer is a buyer or no general area of jurisdiction in the Federal Republic of Germany has.
(2) If a determination of these conditions should be futile or become, then the conditions remain in all other respects effective. The ineffective regulation is replaced by the relevant legal regulation.