Terms and Conditions
Terms and conditions governing sales contracts concluded via the platform https://www.vpace.de
between
VPACE Bicycles GmbH
, Am Tobel 15
, 88263 Horgenzell
, email: info@vpace.de
, VAT No.: DE365127889
– hereinafter referred to as the ‘Supplier’ –
and the users of this platform referred to in § 2 of these Terms and Conditions – hereinafter referred to as “Customer(s)” – are concluded.
§ 1 Scope
The business relationship between the Provider and the Customer shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order. Any deviating terms and conditions of the Customer shall not be recognised unless the Provider expressly agrees to their validity in writing.
§ 2 Conclusion of the Contract
(1) The Customer may select products from the Provider’s range and add them to a so-called ‘shopping basket’ by clicking the ‘Add to basket’ button. By clicking the ‘Buy now’ button, the customer submits a binding offer to purchase the goods in the shopping basket. Before submitting the order, the customer may view and amend the details at any time. (2) The Supplier will then send the Customer an automatic confirmation of receipt by email with the subject line ‘Confirmation of your order with VPACE Bikes’, which sets out the Customer’s order once again and which the Customer can print out using the ‘Print’ function. The customer’s order (1) constitutes an offer to conclude a contract based on the contents of the shopping basket. The confirmation of receipt (order confirmation) constitutes the supplier’s acceptance of the offer. This summarises the contents of the order. In this email or in a separate email, but no later than upon delivery of the goods, we shall send the customer the text of the contract (consisting of the order, the General Terms and Conditions and the order confirmation) on a durable medium (email or paper printout). The text of the contract is stored in compliance with data protection regulations. (3) The contract is concluded in the following language: German.
§ 3 Delivery, Availability of Goods, Payment Terms
(1) Delivery times specified by us are calculated from the date of our order confirmation (§ 2(2) of these General Terms and Conditions), provided that the purchase price has been paid in advance. (2) If the product specified by the customer in the order is only temporarily unavailable, the supplier shall also notify the customer of this without delay. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. Furthermore, in this case, the supplier is also entitled to rescind the contract. In such cases, the Supplier shall immediately refund any payments already made by the Customer. (2.1) The right to withdraw does not apply to individually manufactured custom bikes, in particular bespoke products and special orders for frames and components. (3) The following delivery restrictions apply: The supplier only delivers to customers who have their usual place of residence (billing address) in one of the following countries and can provide a delivery address in the same country: Belgium, Germany, Denmark, Finland, France, Luxembourg, the Netherlands, Norway, Poland, Sweden, Switzerland, the Czech Republic, Austria, the UK, Ireland – other countries only subject to prior enquiry and agreement. (4) The customer may make payment by bank transfer or in advance. Cash or card payments are not accepted in the showroom. (5) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, the customer shall be in default simply by failing to meet the deadline.
§ 4 Retention of title
The goods supplied remain the property of the Supplier until the purchase price has been paid in full.
§ 5 Prices and delivery charges
(1) All prices stated on the Supplier’s website include the applicable statutory value added tax. (2) The relevant delivery charges are specified to the customer in the order form and are to be borne by the customer, unless the customer exercises any right of withdrawal. (3) In the event of withdrawal, the customer must bear the direct costs of returning the goods.
§ 6 Warranty for material defects
(1) The Supplier is liable for material defects in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB). In dealings with businesses, the warranty period for goods supplied by the Supplier is 12 months.
§ 7 Liability
(1) Claims by the customer for damages are excluded. This does not apply to claims for damages arising from injury to life, limb or health, or from a breach of fundamental contractual obligations (cardinal obligations), as well as liability for other damages resulting from an intentional or grossly negligent breach of duty by the Supplier, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the purpose of the contract. (2) In the event of a breach of essential contractual obligations, the Provider shall only be liable for foreseeable damage typical for this type of contract if such damage was caused by simple negligence, unless the Customer’s claims for damages arise from injury to life, limb or health. (3) The limitations set out in paragraphs 1 and 2 also apply in favour of the Provider’s legal representatives and vicarious agents if claims are asserted directly against them. (4) The provisions of the Product Liability Act remain unaffected.
§ 8 Information on data processing
(1) The Provider collects the Customer’s data in the course of contract performance. In doing so, the Provider shall, in particular, comply with the provisions of the Federal Data Protection Act and the Telemedia Act. Without the customer’s consent, the Provider shall only collect, process or use the customer’s personal and usage data to the extent necessary for the performance of the contractual relationship and for the use and billing of telemedia services. (2) The provider shall not use the customer’s data for the purposes of advertising, market research or opinion polling without the customer’s consent.
§ 9 Final Provisions
(1) Contracts between the Provider and the Customer shall be governed by the law of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods and international private law.
(2) Where the Customer is a trader, a legal person governed by 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 Provider shall be the Provider’s registered office.
(3) Even if individual provisions are legally invalid, the remainder of the contract shall remain binding. The invalid provisions shall be replaced, where applicable, by the relevant statutory provisions. However, where this would constitute an unreasonable hardship for one of the contracting parties, the contract shall become invalid in its entirety.
