AGB | Bici No.1

General terms and conditions (GTC) and consumer information

Status: 06/2022

General terms and conditions and consumer informationons within the framework of sales contracts that are concluded via the online shop between La Bici - hereinafter referred to as "seller" - and the customer - hereinafter referred to as "customer".

§ 1 Scope and general information

(1) Subject to individual arrangements and agreements that take precedence over these General Terms and Conditions, the following General Terms and Conditions apply exclusively to the business relationship between the seller and the customer. Unless otherwise agreed, the inclusion of the customer's own conditions is contradicted.

(2) The customer is a consumer insofar as he concludes the contract for purposes that cannot be attributed to his commercial or self-employed professional activity. On the other hand, an entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

§ 2 Conclusion of contract (1) The contract is concluded with:

Alexander Walter and Lisa Loichinger Gbr

Passauerstrasse 179

81369 Munich

Phone: 0172/6643332

Email: bicino1@mail.de

(2) The essential features of the goods result from the respective product description provided by the seller.

(3) All offers in the seller's online shop merely represent a non-binding invitation to the customer to submit a corresponding purchase offer to the seller. As soon as the seller has received the customer's order, the customer is first sent a confirmation of his order from the seller, usually by e-mail (order confirmation). The order confirmation does not yet represent the acceptance of the order. After receipt of the customer's order, the seller will check it at short notice and inform the customer within 2 working days whether he accepts the order (order confirmation). The ordering process in the seller's online shop works as follows:

(4) The customer can select products from the seller's range and collect them in a so-called shopping basket by clicking on the "Add to basket" button. By clicking on the "Shopping Cart" button, the customer receives an overview of the selected products. By clicking on the "Buy now" button, he submits a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time using the browser functions "Back" and "Next" shown as arrow keys. The application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by clicking on the "Accept General Terms and Conditions" button and thereby included them in his application. The seller then sends the customer an automatic acknowledgment of receipt by e-mail, in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic acknowledgment of receipt only documents that the customer's order has been received by the seller and does not constitute acceptance of the application. The contract is only concluded when the seller submits the declaration of acceptance, which is sent in a separate e-mail.

§ 3 Subject matter of the contract, quality, delivery, availability of goods

(1) The subject matter of the contract are the goods and services specified by the customer in the context of the order and named in the order and/or order confirmation at the final prices named in the online shop. Mistakes and mistakes are reserved there, especially with regard to the availability of goods.

(2) The nature of the ordered goods results from the product descriptions in the online shop. Images on the website may not accurately reflect the products; Colors in particular can deviate significantly for technical reasons. Images are for illustrative purposes only and may differ from the product. Technical data, weight, dimensions and performance description are given as precisely as possible, but can show the usual deviations. The characteristics described here do not constitute defects in the products supplied by the seller.

(3) If no copies of the product selected by the customer are available at the time the customer places the order, the seller will inform the customer of this in the order confirmation. If the product is permanently unavailable, the seller will refrain from a declaration of acceptance. A contract is not concluded in this case.

(4) If the product specified by the customer in the order is only temporarily unavailable, the seller will also inform the customer of this immediately in the order confirmation. If the delivery is delayed by more than two weeks, the customer has the right to withdraw from the contract. Incidentally, in this case the seller is also entitled to withdraw from the contract. In doing so, he will immediately reimburse any payments already made by the customer.

§ 4 Delivery, prices, shipping costs

(1) The delivery to the shipping company takes place no later than two days after receipt of money, in the case of payment by cash on delivery no later than two days after the order confirmation. The delivery time is up to five days. The seller will indicate any deviating delivery times on the respective product page.

(2) Delivery is only within the EU.

(3) All item prices include statutory VAT. The prices given are retail prices plus shipping costs. The customer receives an invoice showing VAT.

§ 5 Payment

Payment is made in advance (PayPal, bank transfer) or cash on delivery.

§ 6 Damage in transit

(1) If goods are delivered with obvious transport damage, the customer is asked to complain about this error immediately to the deliverer and to contact the seller as soon as possible.

(2) The omission of a complaint or the failure to make contact has no consequences for the statutory warranty rights of the customer, but helps the seller to be able to assert his own claims against the carrier or the transport insurance.

§ 7 Warranty for Material Defects

(1) The provider is liable for material defects according to the applicable statutory provisions, in particular §§ 434 ff BGB.

(2) There is only a guarantee for the goods delivered by the supplier if this was expressly given in the order confirmation for the respective item.

(3) Complaints and claims for liability for defects can be submitted to the address given in the provider identification.

§ 8 Retention of title

The delivered goods remain the property of the seller until full payment has been made.

§ 9 Liability

The legal regulations apply

§ 10 contract text

The text of the contract is stored on the seller's internal systems. The customer can view the general terms and conditions at any time in his customer account. The order data and the terms and conditions are sent to the customer by email. After completing the order, the order data is no longer accessible via the Internet for security reasons.

§ 11 Final Provisions

(1) The contract language is German.

(2) The law of the Federal Republic of Germany applies to contracts between the seller and the customer, excluding the laws on the international purchase of movable goods. This choice of law applies to consumers only insofar as the protection granted to the customer by mandatory provisions of the law of the country in which the consumer usually resides is not withdrawn.

(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the seller is the seller's registered office. This also applies if the customer does not have a general place of jurisdiction in Germany or the EU, or if his domicile or habitual abode is not known at the time the action is filed.

Source:Attorney Metzler - Lawyer for competition law, trademark law and copyright