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Terms of Service

Terms of Service
Address and legal information:
Inn-Bike GmbH
Kinkstraße 21
6330 Kufstein

Hans-Peter Gratt
Christina Strasser
Contact information:

Mail: info@e-bikes4you.com
Mail: info@inn-bike.at
Phone. DE: +49 (0)8033 9789020
Phone AT: +43 (0)5372 63547
Phone ÖBB Bike: +43 (0)51717 2100
Firmenbuchnummer: FN 489438 m
VAT ID: ATU73471218
Legal form: Limited liability company
e-bikes4you.com is a protected trademark.
1. General
The following general terms and conditions apply from 11.06.2011 for all business relations between Inn-Bike GmbH and their customers. Applicable is the most recent iteration at the time of contract. All prices quoted on our websites www.inn-bike.at, www.e-bikes4you.com and www.bike.tirol are gross sales prices (including VAT) in Euro (€) or Swiss Franks (CHF). Freight and shipping costs are not included unless mentioned specifically. All photos on our website are examples only.
We take no responsibility for errors, changes, printing errors and changing delivery times. All prices are valid until further notice, valid on the day or apply for the specified period only. Special offers and promotional prices are only valid for the specified period and orders must be made before expiration of the offer ( we accept an e-mail confirmation, date of postmark or fax or time of an order by phone). All offers are valid only while supplies last. Recommended retail prices (*) are suggested by manufacturers and we are under no obligation to honor these. No special discounts will be granted on promotional prices. As part of an order delivery, customers receive invoices showing gross price, VAT and shipping costs. For corporate customers, an invoice for tax-free inter-community delivery in accordance with Article 6 para 1 UStG can also be issued.
Weight, accessories and material compositions stated on the website are based on manufacturer's information and we are not liable for their correctness. All business transactions are completed in Kufstein and the contract, order and business language is German. All offers on ebikes4you.com are non-binding. When ordering, customers enter a binding contract. Inn-Bike GmbH will confirm all phone and email orders immediately. Delivery date and availability are automatically calculated and may therefore not be accurate and are not binding. An order confirmation does not represent a binding acceptance of the order, this will only be confirmed upon delivery of the goods to the customer or with the sending of a written order confirmation by Inn-Bike GmbH within 30 days. No communication from Inn-Bike GmbH does not constitute acceptance of the customer’s order.
2. Payment methods 
Please see here for all payment methods: available in our online shop, e-bikes4you.com. When paying by credit card, your card will be charged immediately after we send your goods and payment is always made securely. If you choose to pay in advance we will send your invoice via email as soon as your order is confirmed. Please transfer the outstanding amount to the bank account specified on the invoice. We will post your items as soon as the funds clear into our account. Please note that if your order is not paid within 14 days, all reserved goods will be released and your order is cancelled. When booking rental bikes through the app, you will need to pay via credit card, there are exceptions.
3. Retention of title
Until full payment is made, delivered goods remain the sole and unrestricted property of Inn-Bike GmbH. In case of seizure of goods delivered under retention of title, the customer is obliged to immediately stop the execution and inform Inn-Bike GmbH of any seizure. In case of late payment, Inn-Bike GmbH is entitled to charge interest at a rate of 8% above base interest rate p.a.. If the customer breaches contractual obligations, they are required to reimburse Inn-Bike GmbH for all costs incurred during the pursuit of claims, specifically reminder fees and the cost of engaging collection agencies or lawyers.

4. Delivery and service time 
Once an order is received, goods are packaged carefully and sent to the customer within approx. 3-5 business days. If a product is out of stock, we will order this from our wholesaler and ship directly to you. Availability and delivery times are explicitly mentioned on the page of each product. Unless otherwise agreed, the seller will choose the most appropriate courier company (e.g. DHL, GLS, GO!, Hermes); a key factor for this is the delivery address requested by the customer. If the delivery period is expected to be longer than the statutory delivery period of 30 days, we will contact the customer via phone or e-mail. Additional shipping cost due to delayed items will be covered by Inn-Bike GmbH. The price and performance risk passes to the customer once the goods leave our store / warehouse or, in case of direct delivery, from the shop / warehouse of the supplier of Inn-Bike GmbH.

5. Right of withdrawal 
You are able to withdraw from this contract within fourteen days without giving a reason (§ 11 FAGG), however this is only applicable for orders made by you on e-bikes.com. The cancellation period is fourteen days from the date on which you or a third party named by you, who is not the carrier, takes or took possession of the goods.
 In order to exercise your right of withdrawal, you must inform us (Inn-Bike GmbH, Kinkstraße 21, A-6330 Kufstein, phone number: +49 (0) 8033 9789020 or +43 (0) 5273 65347) of your intent (e.g. through a letter sent by post or e-mail) about your decision. You can use the attached sample form if you prefer, this is however not necessary, it is sufficient to send a clear notification before the expiry of the withdrawal period. This withdrawal period does not apply to products purchased at conventions or in our physical shop (as per FAGG).

6. Consequences of revocation 
If you withdraw from an order made through e-bikes4you.com, we will return all funds including delivery costs to you within fourteen days. This excludes any costs arising from the customer choosing a different delivery method than the standard delivery offered by us. Unless otherwise agreed, we will use the same method of payment originally used by you to process your refund, you will never be charged fees for this. We may withhold repayment until goods have been returned to us or until you provide proof that they are on their way to us, whichever is earliest. You are required to return goods immediately and no later than fourteen days from the date on which you cancel this contract. As long you post the goods before the expiry of the fourteen days, the deadline is met. You may be liable for the item’s loss of value if this is due to handling that is not necessary in examining the nature, characteristics and functionality of the goods. Unless otherwise agreed by both parties, the right of withdrawal does not apply to the following contracts: Contracts for the supply of goods that are not prefabricated and where the products are specifically altered for the customer.

7. Warranty, Damages
If a purchased item is defective, the purchaser is entitled to statutory claims as per §§ 437, 438 BGB within a 24 month period from receiving the goods. If defective goods cannot be exchanged or improved, customers are able to request a discount or, if the defects are severe, cancel the contract. If the purchaser is a business as per § 1 HGB, the following applies: Claims for defects are only possible if the customer has duly fulfilled their obligations to inspection and check the goods according to § 377 HGB. In this case, the purchaser’s warranty claims expire one year after the transfer of risk, unless the seller has fraudulently concealed the defect. In this case legal regulations apply. If a defect product is replaced, the statute of limitations does not start again with its delivery. When returning parts or products for warranty purposes, Inn-Bike GmbH requests that these are returned within 10 days of contacting us.
8. Liability
Inn-Bike GmbH is only liable for defects caused by negligence, unless defects injure people. We are only liable for improper installation of parts (for example, displays, batteries, wiring, battery rails, pedals, etc.) if these were installed / assembled by Inn-Bike GmbH and its staff. We are not liable for defects caused by the customer or external workshops installing components. We do not assume liability when e-bikes and components are incorrectly used (e.g. if tuning parts are installed, the basic design is changed, batteries are opened or damaged, displays and motorized parts are used incorrectly or changed or there is excessive exposure to water) The manufacturer is liable for incorrect assembly instructions.

9. Transfer of risk
Delivery is made by mail to the address given as the delivery address. Once the order is delivered to the customer or a third party entitled to receive the goods, risk of accidental loss or deterioration passes to the customer.
If the purchaser is a business as per § 14 BGB, risk of accidental loss or deterioration is passed on to the client once goods are handed to a suitable party. This is still valid if the customer delays receiving the goods.

10. Contract Storage 
All contracts concerning purchases remain saved after their completion, please check our privacy policy for information on how long these will be saved for. If a customer account was created as part of the order, customers can access their contract through their online account at any time in order to retrieve and print the contract. If an order is made using a guest log in without a customer account, it is not possible for customers to retrieve the contract at a later date, but we will always make the contract available to you during the order process.

11. Rental agreements ÖBB Bike 

11.1 Contract partners
Rental is only possible to customers over the age of 14, children under the age of 14 are only able use rental bikes when accompanied by an adult.
11.2 Usage requirements
Upon expiry of the rental period, all bikes and accessories rented from Inn-Bike GmbH as part of the Bike Tirol project will need to be returned to one of our designated rental locations. If items are not returned on time we will automatically charge additional costs to your card. Bikes rented through Inn-Bike GmbH shall not be used to transport passengers, especially small children. It is prohibited to modify rental bikes in anyway including the additional of child seats and trailers. Unless previously discussed with Inn-Bike GmbH, rental bikes shall not be used in bike races of any kind or leased to third parties. We recommend wearing a helmet on every journey. The maximum load including rider weight, accessories and equipment is 120kg. Use of our rental bikes under the influence of alcohol or drugs is strictly prohibited and traffic regulations (StVO)  need to be adhered to.
11.3 Liability
Inn-Bike GmbH is only liable for injury to people and property if this was caused by gross negligence by Inn-Bike GmbH.
11.3.1 Items available for rent
If rented items are returned damaged and this damage can not be attributed to normal wear and tear, the customer is liable to cover the cost of replacement or repair, especially when items are no longer fit for use. If a customer rents multiple items, they are liable for the condition of all rented items. If rented items are used incorrectly, Inn-Bike GmbH does not accept liability for damage to property or persons. When collecting items from one of our rental locations, please check these thoroughly for visible defects, completeness as you are liable for any damage that is not highlighted to us before your use. Please pay special attention to breaks and lights.
11.3.2 Insurance of rental items
Customers are liable for the loss of rental items, including theft and damages of any kind, and are required to cover the full cost of replacement. When booking through the ÖBB Bike app customers have the option to add insurance for an additional fee, please see our most recent insurance brochure for more information. If a customer chooses not to opt into an insurance policy, they accept full liability. Items should always supervised and locked securely when not in use. If theft does occur, please contact our customer service immediately and follow their recommendations.
11.3.3 Bike tours and route recommendations
Customers are required to choose their route based on skill and experience level. We are not liable for damage to property or persons caused by our customer’s error of judgement. Customers are required to use routes suggested by the state of Tirol or public roads. Please see here for details: https://radrouting.tirol/. We reserve the right to refuse rental if customers are not sufficiently equipped or dressed, or if they show signs of intoxication.
11.4. Payment and prices
Unless otherwise agreed, payment needs to be made via credit card. Payment will be taken after all items are returned based on the time period rented and current payment terms, plus potential additional fees. We reserve the right to cancel bookings at any time and without justification. All prices in our booking app include 20%VAT.
11.5. Return of rental items
Customers are required to return all rented items including accessories to one of our rental locations upon expiration of the rental period. All items need to be complete, clean and rentable when returned. When returning rentals to one of our containers, bikes need to be stored in one of the bike racks. If bikes or accessories are returned dirty, cleaning will be charged according to fees outlined in our price list. If the rental includes e-bikes, these will need to be connected to chargers, otherwise additional charges will apply.
11.6. Miscellaneous
With use of our app and rental service, customers confirm that all data submitted is correct and complete. Customers are not permitted to share their log in details with third parties.

12. Final provision and applicable law
All relations between contracting parties are governed by Austrian law. Application of general law on the international sale of movable goods as well as the law on the conclusion of international sales contracts for movable goods is excluded. The exclusive place of jurisdiction for all disputes arising from this contract is our registered office in Austria, 6330 Kufstein. The same applies if the purchaser does not have a general place of jurisdiction in the EU or if their domicile or usual residence does not correspond with the order address when the complaint is filed and cannot be determined via a standard address check. In cases where the customer is a user as per KSchG, their main home address determines jurisdiction; alternatively their usual place of domicile or place of work determines this.

13. Severability clause
If one provision of a contract is invalid, this leaves the contract otherwise untouched.