General Terms and Conditions of Federleicht Bike e.U.
- General Terms and Conditions, Customers, Country Restrictions, Language
The following General Terms and Conditions apply to all business relations between Federleicht e.U. and the customer. The version valid at the time of conclusion of the contract shall be authoritative in each case.
Customers within the meaning of these terms and conditions are both consumers and entrepreneurs.
Deviating, conflicting or supplementary general terms and conditions shall not become part of the contract, even if they are known, unless their validity is expressly agreed in writing.
- Signing the contract
The offers in the webshop of the company Federleicht Bike e.U. as well as in catalogues and in our company headquarters are not binding. Our presentation of goods on the Internet is not an offer, but a non-binding invitation to the customer to order. Technical as well as other changes in form, color or weight remain reserved within the bounds of reasonableness.
By placing an order in the webshop of Federleicht Bike e.U. (which requires prior registration and acceptance of these General Terms and Conditions), the customer makes a binding offer to purchase the product in question. The customer is bound to the offer until the expiration of 7 calendar days following the day of the offer. We will send the Customer a confirmation of receipt of the offer, which does not constitute acceptance of the offer, immediately upon receipt of the offer.
The company Federleicht Bike e.U. is free not to accept online orders. We are entitled to accept the offer within a period of 7 calendar days by requesting payment in advance or by shipping the goods. The purchase contract with the customer is only concluded with our acceptance.
Every customer who is a consumer is entitled to revoke the offer in accordance with the special revocation and return instructions, which are communicated to him together with the confirmation of receipt of his offer, and to return the goods.
Repair services must be clarified in writing with Federleicht before returning parts or bicycles. Federleicht will then prepare a target price offer, +/- 20% of the later determined repair costs may deviate.
The contract language is German.
- Prices and payment
Our prices are final consumer prices with proven VAT, contain however no forwarding expenses. Customs duties, customs processing fees and similar charges shall be borne by the customer.
Unless expressly agreed otherwise, we deliver only against prepayment (in the manner indicated on the order form) against invoice (which is sent by e-mail and may also be included in our acceptance).
- Delivery of the goods
The goods will be delivered to the delivery address indicated by the customer. General information about delivery times are always non-binding unless a delivery date has been bindingly agreed as an exception. This does not apply to individually determined delivery times.
In our webshop goods marked as "in stock" will be reserved 5 working days from receipt of order for your payment. If the payment is not received within the period, we reserve the right to resell the goods and supply you while stocks last.
Goods marked as "in stock" will be shipped no later than the fifth working day after receipt of payment, subject to availability according to (2).
Goods, which are listed in the webshop with a delivery period, will be shipped, subject to timely delivery by our suppliers, at the latest 5 working days after the promised date.
In the event that our supplier does not deliver to us on time goods which were marked with a delivery deadline on the offer page in the web shop when the customer placed the order, the otherwise applicable deadline under (3) and (4) shall be extended until delivery by our supplier plus two working days, but by no more than two weeks - this shall also apply to goods not paid for on time under (2). The prerequisite for this extension of the deadline is that we have ordered the goods without delay.
We shall be entitled to make partial deliveries of separately usable products included in an order, whereby we shall bear the additional shipping costs incurred as a result.
If a collection date has been agreed with the customer and the customer does not meet the date, we shall set the customer a reasonable grace period of one week and reserve the right to withdraw from the contract upon expiry of this period.
- Shipment, insurance and transfer of risk
Unless expressly agreed otherwise, we shall determine the appropriate mode of shipment and the transport company at our reasonable discretion. The shipping risk is borne by us.
We only owe the punctual, proper delivery of the goods to the transport company and are not responsible for delays caused by the transport company. A delivery time stated in the webshop is therefore non-binding.
If the customer is a consumer, the risk of accidental loss, accidental damage or accidental loss of the delivered goods shall pass to the customer at the time at which the goods are delivered to the customer or the customer is in default of acceptance. In all other cases, the risk shall pass to the customer upon delivery of the goods to the transport company.
The shipping costs are to be borne by the buyer. They include the costs of a transport insurance concluded by us against the usual transport risks. The corresponding shipping costs will be indicated to the customer in the order form.
In the event of revocation, the customer shall bear the regular costs of the return shipment if the delivered goods correspond to those ordered and if the price of the goods to be returned does not exceed EUR 40.00 or if the customer has not yet paid the consideration or a contractually agreed partial payment for a higher price of the goods at the time of revocation.
- Retention of title
We retain title to the goods delivered by us until full payment of the purchase price (including shipping costs) for the goods in question.
- Cancellation policy
Right of withdrawal:
The customer has the right to withdraw from the contract within a period of fourteen days without giving reasons. The period begins with the day of receipt of the goods by the consumer. It is sufficient if the declaration of withdrawal is sent within the period. Excluded from this right are goods marked "Sale" or "Used".
In the event of an effective revocation, the services received by both parties are to be returned and any benefits derived (e.g. interest) are to be surrendered. If you are unable to return or surrender the goods or services received or their uses (e.g. advantages of use) to us, or if you are unable to return or surrender them in full or in part, or only in a deteriorated condition, you must compensate us for the loss in value. For the deterioration of the goods and for any use made of them, you must pay compensation only if the use or deterioration is attributable to a handling of the goods that goes beyond the inspection of the properties and functionality. The "examination of the characteristics and the function" means the testing and trying out of the respective commodity, as it is possible and usual for instance in the retail shop. You have to bear the regular costs of the return if the delivered goods ordered and if the price of the goods to be returned does not exceed an amount of € 40.00 or if they are at a higher price the thing at the time of revocation yet the consideration or a contractually agreed partial payment have not provided. Otherwise the return is free of charge for you. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of revocation or the goods, for us with their receipt.
End of the revocation instruction
8. Warranty, guarantee, right of return
If the delivered goods are afflicted with a material defect, the customer may first demand that we remedy the defect or deliver defect-free goods.
We can refuse the type of supplementary performance chosen by the purchaser if this is only possible at disproportionate cost.
If the supplementary performance according to (1) fails or is unreasonable for the customer or we refuse the supplementary performance, the customer is entitled to withdraw from the purchase contract, to reduce the purchase price or to claim damages or reimbursement of his futile expenses according to the applicable law. The special provisions of paragraph (9) of these General Terms and Conditions shall also apply to claims for damages by the customer.
The statutory warranty period for consumers is two years from delivery.
In addition to the statutory warranty, we voluntarily grant our customers a warranty of one year from the date of sale on lightweight components or the voluntary warranty period granted by the supplier.
In any case, the voluntarily granted warranty does not cover normal wear and tear or service work to the usual extent, e.g.
Rim wear on rim brakes,
Re-centering of impellers.
Without limiting the customer's statutory warranty rights, the following additional conditions shall apply to the warranty voluntarily granted by us:
(i) The guarantee does not apply to damage caused by improper or improper use in accordance with the areas of application for the respective product described on our website and in the respective manuals, e.g.
Neglect of the product (insufficient care)
Changes to the product (for example
engravings or lacquering),
Additional extensions and conversions not expressly agreed by us
approved components or exchange of the components we have
installed components on delivery due to not
Overstraining of another kind.
(ii) We reserve the right to repair defective frames or forks or to replace them with an appropriate successor model.
(iii) If frames and/or forks need to be replaced, we will replace them in the same colour if available, but reserve the right to replace them in a different colour if they are not available.
(iv) Our warranty services do not include any further services (such as costs for assembly and transport) and any additional assembly or material costs as a result of a model change in the meantime. These costs are to be borne by the customer within the framework of our voluntary guarantee.
(v) Our voluntary guarantee applies only to the first purchaser of the product.
We shall not be liable (irrespective of the legal basis) for damages which are typically not to be expected in accordance with the nature of the respective order and the goods and with normal use of the goods. The above limitations of liability shall not apply in the event of intent or gross negligence.
Claims for damages of the customer due to obvious material defects of the delivered goods are excluded if he does not notify us of the defect within a period of two weeks after delivery of the goods.
The limitations of (8) do not apply to our liability for guaranteed characteristics due to injury to life, body or health or under the Product Liability Act.
10. Data protection
We may process and store the data relating to the respective purchase contracts insofar as this is necessary for the execution and handling of the purchase contract and as long as we are obliged to store this data due to statutory regulations.
We are not permitted to collect, transmit or otherwise process the customer's personal data for purposes other than those specified in this Clause 9.
11. Applicable law
The purchase contract existing between us and the customer shall be subject to Austrian law subject to mandatory international private law provisions to the exclusion of the UN Convention on Contracts for the International Sale of Goods.