Terms of Service
The following general terms and conditions apply from 01.01.2014 for all business relations between ebikes4you.com GmbH and the customer. In each case, the valid version at the time of the conclusion of the contract is decisive. All prices quoted on our websites are gross sales prices (including VAT) in Euros (€). Freight and shipping costs are not included, only if stated expressly. All photos on our website are symbolic photos. Errors, changes, printing errors, delivery times and timely self-delivery reserved. All prices are valid until further notice. All prices are daily prices or apply for the specific period. Offers, special and promotional prices are expressly valid only for the specifi period. The order must be made during this period (e-mail confirmation, date of the postmark, time of the order by phone). All offers are valid only while supplies last. Instead of prices (*) are recommended retail prices without obligation. No special discounts will be granted on promotional prices. The customer receives upon delivery an invoice with gross prices, VAT and shipping costs. For corporate customers, an invoice for a tax-free intra-Community delivery in accordance with Article 6 para 1 UStG can also be issued, the decision is up to the seller.
The in our online shop quoted weights, equipment and material compositions, etc. are manufacturer's information. The place of fulfillment for all business is the company location. Contract, order and business language is German. The offers of ebikes4you.com are non-binding. The customer makes a binding offer of the contract order. Ebikes4you.com GmbH will confirm the order of the customer immediately in the case of a product ordered electronically, by telephone or by e-mail. Delivery date, delivery ability are automatically logged by the shop and are therefore not always perfect and not binding. The order confirmation does not represent a binding acceptance of the order, but only the selective delivery of the goods to the customer or the transmission of a written order confirmation by ebikes4you.com GmbH within a period of 30 days (the sender date is decisive). Silence of ebikes4you.com GmbH does not constitute acceptance of the offer of the customer.
2. ADDRESS, legal form, bank details
Managing Director: Gratt Hans-Peter
Tel.: +49 (0) 8033 978 9020
Tel. Austria: +43 (0) 5372 22233
Legal form: Limited liability company
Register court: Traunstein HR B25561
VAT ID: DE309103434
Bank details Germany: Sparkasse Rosenheim - Bad Aibling
• IBAN: DE95 7115 0000 0020 1080 49 • BIC: BYLADEM1ROS
Bank details Austria: Hypo Tirol Bank
• IBAN: AT49 5700 0300 5331 7950 • BIC/SWIFT-Code: HYPTAT22
Bank details Swizzerland: PostFinance AG
• IBAN: CH61 0900 0000 1500 0237 0 • BIC/SWIFT-Code: POFICHBEXXX
3. Payment methods
Here is an overview of the payment methods:
When paying by credit card, the charge will be made immediately after sending the goods.
Payment by credit card is made with secure payment. For shipping with cash on delivery, the COD charge is to be paid directly to the deliverer in cash.
The payment of the purchase price happens on base of an invoice. The purchase price is due without deduction upon receipt of the goods and the invoice. The customer is only entitled to offset if the counterclaims have been legally established, recognized by the seller or are undisputed. The customer is only authorized to exercise a right of retention if his counterclaim is based on the same sales contract.
4. Retention of title
Until complete payment of the purchase price, the delivered goods remain the sole and unrestricted property of ebikes4you.com. In the case of seizure of goods delivered under retention of title, the customer is obliged to immediately stop the execution of these articles as well as to inform ebikes4you.com GmbH of this seizure. In case of late payment, ebikes4you.com is entitled to charge interest at the rate of 8% above the respective base interest rate p.a. to promote. In the event of a breach of its contractual obligations, the customer must also reimburse ebikes4you.com GmbH for all costs necessary for the purposeful pursuit of his claims, in particular reminder fees and the costs of engaging a collection agency or a lawyer.
5. Delivery and service time
Deliverable goods are sent to the customer within approx. 3-5 days after receipt of the order after careful packaging and adjustment. If a product is not in stock, it will be ordered from the wholesaler and shippedimmediately. Otherwise, the availability and delivery time is explicitly mentioned in the respective article. Unless otherwise agreed, shipment will be made by parcel service at the discretion of the seller (eg DHL, GO!, Hermes, Transoflex). Decisive is the delivery address indicated by the customer. If the delivery period is longer than the statutory delivery period of 30 days, the customer will be informed by phone or e-mail.
Shipping costs for subsequent delivery are charged to ebikes4you.com GmbH.
The price and performance risk shall pass to the customer upon the departure of the delivery from the store / warehouse or, in the case of direct delivery, from the shop / warehouse of the supplier of ebikes4you.com GmbH.
6. Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the date on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods. In order to exercise your right of withdrawal, you must inform us (E-Bikes4you.com GmbH, Marmorwerkstraße 60, D-83088 Kiefersfelden, phone number: +49 (0) 8033 9789020) by means of a clear statement (eg a letter sent by post or e-mail) about your decision to withdraw from this contract. You can use the attached sample revocation form, which is not required. In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
7. Consequences of the revocation
If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery we offer have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days. You bear the immediate costs of returning the goods. You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.
Unless otherwise agreed by the parties, the right of withdrawal does not apply to the following contracts: Contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or provision by the consumer is authoritative or clearly based on the personal needs of the consumer are tailored.
8. WARRANTY, DAMAGES
If the purchased item is defective, the purchaser shall be entitled to the statutory claims. §§ 437, 438 BGB. If the purchaser is a businessman related to § 1 HGB the following applies: Claims for defects exist only if the customer has duly fulfilled his inspection and complaint obligations according to § 377 HGB. In this case, the warranty claims of the purchaser expire one year after the passing of risk, unless the seller has fraudulently concealed the defect; In this case the legal regulations apply. The statute of limitations does not start again if a replacement delivery takes place within the scope of the liability for defects. § 478 BGB remains untouched.
For the return of parts for the purpose of warranty processing e-bikes4you.com sets a period of 10 days after the start of the warranty.
Liability: ebikes4you.com GmbH is liable for a defect caused by improper installation of parts (for example, displays, batteries, wiring harnesses, battery rails, pedals, etc.) only if the installation / assembly is carried out by ebikes4you.com and its employees. Defects, which are caused by the installation of the customer or of ebikes4you.com external workshops on the components, are therefore of liability of ebikes4you.com for defects due to improper installation of the customer no liability. Improper use of the e-bikes (such as installation of tuning parts, changes in the basic design, opening and damage of batteries, displays and motorized parts, excessive ingress of water on the electronics, etc.) The manufacturer is liable for any incorrect assembly instructions.
9. Passage of risk
Delivery is made by mail to the address given as the delivery address. The risk of accidental loss or accidental deterioration passes with the transfer to the customer or a person entitled to receive. If the purchaser is an entrepreneur with the meaning of § 14 BGB, the risk of accidental loss or accidental deterioration in the sale of the shipment with the delivery of the goods to a suitable transport person. The transfer is the same if the customer is in default of acceptance.
10. Contract Text Storage
11. Final provision, applicable law
The relations between the contracting parties are governed exclusively by the law applicable in Germany. The application of the Uniform Law on the International Sale of Goods and the Law on the Conclusion of International Sales Contracts for Moving Goods is excluded. The exclusive place of jurisdiction for all disputes arising from this contract is - as far as the purchaser is a merchant, a legal entity under public law or a special fund under public law - our registered office in Germany 83088 Kiefersfelden. The same applies if the purchaser does not have a general place of jurisdiction in the EU or if his domicile or habitual residence does not correspond with the order address at the time the complaint is filed and can not be determined via a standard address check.
12. Severability clause
The invalidity of a contractual provision leaves the contract otherwise untouched.