Condiciones generales y el derecho de reclamación
Overview
1. Area of application
2. Contractual partners
3. Proposal and conclusion of contract
4. Right of revocation/withdrawal
5. Voluntary 45 day returns policy
6. Prices and shipping costs
7. Delivery
8. Payment
9. reservation of proprietary rights
10. Warranty
General terms and conditions (including legal information)
1. Area of application
All deliveries from Electric Bike Solutions GmbH to consumers are subject to these General terms and conditions ("AGB").
2. Contractual partners
The contract to buy is concluded with Electric Bike Solutions GmbH, Carl-Bosch-Strasse 2, 69115 Heidelberg, Amtsgericht (district court) Mannheim, Registergericht (court of business registration), HRB 707072. For questions, claims and complaints contact our customer service, available from 01 p.m. to 6 p.m. (CET) by phone:
+49 6221 871060 or via email under info@ebike-solutions.de.
3. Proposal and conclusion of contract
3.1. The display of products in our online shop does not represent a legally binding proposal but only an invitation to purchase. Errors and omissions excepted.
3.2 By clicking the "zahlungspflichtig bestellen" (order with liability to pay) button during the final step of the ordering process you place a binding order of merchandise listed on our order page. The contract is concluded when we accept your order via confirming it by email directly after receiving your order.
4. Right of revocation/withdrawal for consumers
4.1 Information about the right of revocation/withdrawal for merchandise
Right of revocation/withdrawal
You have the right to withdraw from this contract within 14 days without stating any reasons.
Withdrawal period is 14 days from the day you or a third party named by you, who is not the party responsible for shipment and delivery have taken the merchandise into possession.
To execute your right of withdrawal, you must notify us (Electric Bike Solutions GmbH, Carl-Bosch-Strasse 2, 69115 Heidelberg, E-Mail info@ebike-solutions.de, phone +49 6221 871060) of your decision to withdraw from this contract by means of an explicit declaration (letter, fax, email). You can use the withdrawal form included in your delivery which is not mandatory.
To comply with the withdrawal period it is sufficient to send the notification about using the right to withdrawal before the period is over.
Consequences of withdrawal
If you cancel this contract we are obliged to reimburse all payments we have received from you (including all shipping costs - despite additional costs caused by choosing a different shipping method other than the most reasonably priced standard delivery offered by us - ) at once and no later than 14 days from the day we have received your notification about your withdrawal from the contract. For this reimbursement we use the very same means of payment that you used for the original transaction, except a different method has been explicitly agreed upon. In any case no extra fees will be charged whatsoever. We can refuse reimbursement until all merchandise has been returned to us or until you have given proof that you the merchandise has been shipped back to us, whichever the earlier.
You are obliged to return the merchandise back to us immediately or in any case no later than 14 days after the day you have informed us about your withdrawal. To comply with the return period it is sufficient to ship the merchandise before the period is over.
You have to bear the direct costs of the return of the merchandise.
You only are liable for any loss in value of the merchandise if this loss is caused by any handling of the merchandise not necessary for determining its quality, properties or function was performed by you.
End of Information about the right of revocation/withdrawal
4.2 Information about the right of revocation/withdrawal for services
Right of revocation/withdrawal
You have the right to withdraw from this contract within 14 days without stating any reasons.
Withdrawal period is 14 days from the day of contract conclusion.
To execute your right of withdrawal, you must notify us (Electric Bike Solutions GmbH, Carl-Bosch-Strasse 2, 69115 Heidelberg, E-Mail info@ebike-solutions.de, phone +49 6221 871060) of your decision to withdraw from this contract by means of an explicit declaration (letter, fax, email). You can use the withdrawal form included in your delivery which is not mandatory.
To comply with the withdrawal period it is sufficient to send the notification about using the right to withdrawal before the period is over.
Consequences of withdrawal
If you cancel this contract we are obliged to reimburse all payments we have received from you (including all shipping costs - despite additional costs caused by choosing a different shipping method other than the most reasonably priced standard delivery offered by us -) at once and no later than 14 days from the day we have received your notification about your withdrawal from the contract. For this reimbursement we use the very same means of payment that you used for the original transaction, except a different method has been explicitly agreed upon. In any case no extra fees will be charged whatsoever.
If you have demanded the service to begin within the withdrawal period, you will be obliged to pay an appropriate amount for services already provided until the date you have notified us about your execution of the right of withdrawal, based on the services already provided in relation to the total extent of services agreed upon in the original contract.
End of Information about the right of revocation/withdrawal
4.3. Exceptions from the right of revocation/withdrawal
According to § 312d Absatz (section) 2 BGB (German Civil Law), unless agreed upon otherwise, the right of revocation/withdrawal does not apply to the following contracts.
- Contracts about the delivery of goods which have not been pre-produced and which to be produced require a specific selection or request made by the consumer or which have been tailored to the personal needs of the consumer,
- contracts about the delivery of sealed goods, that for reasons of sanitary protection or hygiene are not eligible for return, as soon the seal has been removed or broken,
- contracts about the delivery of goods, which after delivery due to their nature have been mixed inseparably with other goods,
- contracts about the delivery of sound or video footage or computer software in a sealed package, when the seal has been removed or broken after delivery,
- contracts about the delivery of newspapers, magazines or tabloids except subscription contracts,
contracts to be concluded as part of a form of marketing in which a business operator offers merchandise or services to consumers who are personally present or have been given the opportunity to be, by means of a transparent procedure conducted by the auctioneer based on competitive biddings in which the bidder whose bid has been accepted is obliged to purchase these goods or services (auctions open to the public),
- contracts in which the consumer has explicitly requested the business operator to visit him in order to perform urgent repairs or maintenance work; this does not refer to additional services provided during this visit, which have not been explicitly requested by the consumer or goods delivered with this visit which were not necessarily required for the repair or maintenance work,
4.4. Please avoid any damage and contamination.
4.5 Please note that the modalities noted in section 4.4 are no prerequisites to effectively execute the right to withdrawal.
4.6 Standard withdrawal form
(If you wish to withdraw from the contract please fill out this form and send it back to us.)
Electric Bike Solutions GmbH Carl-Bosch-Strasse 2 69115 Heidelberg. email info@ebike-solutions.de:
I/we hereby withdraw from the contract concluded by me/us about the purchase of the following
goods (*)/ provision of the following services (*)
Ordered at (*)/delivered at (*)
Name of the consumer/s
Address of the consumer/s
Signature of the consumer/s (only when notified on paper)
Date
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(*) delete as applicable.
5. Voluntary 45 day returns policy
5.1 Voluntary 45 day returns policy after delivery of merchandise
In addition to your legal right of withdrawal, we grant you a voluntary 45 day returns policy after delivery of merchandise for all purchases made. Using this right you can withdraw from the contract after the official 14-day withdrawal period (see according information above), by sending the merchandise within a 45-day period (starting from the date of delivery) back to the following address:
Electric Bike Solutions GmbH
Carl-Bosch-Strasse 2
69115 Heidelberg
cost of return shipment are at the customers expense. Please use the return label or apply sufficient postage.
a timely mailing is sufficient for adhering to the period. In order to execute the voluntary 45 day returns policy, it is required that you have tested or inspected the merchandise in a way that is usual and possible in e.g. a retail store.
Exceptions from the voluntary 45 day returns policy:
The voluntary 45 day returns policy does not apply to contracts about the delivery of goods that have been custom-built to the customer\'s specifications or have been tailored to his personal requirements or that due to their nature are not suitable for re-shipment. The voluntary 45 day returns policy also does not apply to distance contracts which have been concluded by means of an auction.
5.2 When executing the voluntary 45 day returns policy we will always reimburse to the account you used for the payment.
5.3 Your legal right to withdrawal (see section 4) is not affected by the compliance to our rules regarding our voluntary 45 day returns policy and remains valid irrespective of the latter. Until the end of the period stated in the legal right to withdrawal only the regulations of this law apply. The additional contractual (voluntary) 45 day returns policy also does not affect your legal warranty rights, which remain preserved without restriction.
6. Prices and shipping costs
6.1 Prices mentioned on the product pages contain official German VAT and other price components.
6.2 Find information about additional shipping costs in the customer information.
7. Delivery
Delivery is handled by a carrier of our choice.
7.2 In case not all ordered products are in stock we are entitled to partial deliveries at our expense, as long as it is reasonable for you.
7.3 In case after three delivery attempts delivery fails due to your negligence, we have the right to withdraw from the contract. Any payments will be reimbursed to you, if applicable.
7.4 If the ordered item is not available because our wholesaler does not deliver without our own fault, we have the right to withdraw from the contract. In case this happens we will inform you and suggest a comparable product, if applicable. In case no comparable product is available or you do not wish to have a comparable product to be delivered any payment will be reimbursed immediately, if applicable.
8. Payment
8.1 Payment is possible by advance transaction, Paypal or DHL-COD.
8.2 Your are only entitled to your right for setoff, when your entitlement has been been declared final and absolute in a court of law, is indisputable or has been acknowledged by us in written form.
8.3 You can only exercise a right of retention as long as the entitlement to do so result from the same contractual relationship.
9. Reservation of proprietary rights
The merchandise remains our property until it has been paid for in full.
10. Warranty
Legal warranty rights apply to all articles offered in our shop.
11. Final clause
In case a single term becomes invalid, the contract otherwise remains valid. The relevant statutory provisions will apply in place of any invalid term.