Terms of contract within the scope of purchase contracts concluded via the platform https://www.vpace.de
VPACE Bikes e.K.
At Tobel 15
VAT ID No.: DE254715073
- in the following "provider" -
the users of this platform referred to in § 2 of these GTC - hereinafter referred to as "Customer/Customers".
§ 1 Scope of application
The following General Terms and Conditions shall apply exclusively to the business relationship between the Provider and the Customer in the version valid at the time of the order. Deviating terms and conditions of the customer are not recognised unless the provider expressly agrees to their validity in writing.
§ 2 Conclusion of contract
(1) The customer can select products from the provider's range and collect them in a so-called shopping cart by clicking the button "add to cart". By clicking on the button "Buy now", the customer submits a binding application to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time.
(2) The Provider then sends the Customer an automatic acknowledgement of receipt with the subject "Confirmation of your order with VPACE Bikes" by e-mail, in which the Customer's order is listed again and which the Customer can print out using the "Print" function. The customer's order (1) represents the offer to conclude a contract with the respective contents of the shopping basket. The confirmation of receipt (order confirmation) represents the acceptance of the offer by the supplier. The content of the order is summarised in this e-mail. In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the text of the contract (consisting of the order, GTC and order confirmation) is sent to the customer by us on a permanent data carrier (e-mail or paper printout). The text of the contract will be stored in compliance with data protection laws.
(3) The contract shall be concluded in the languages: German.
§ 3 Delivery, availability of goods, payment modalities
(1) Delivery times stated by us are calculated from the time of our order confirmation (§ 2 (2) of these GTC), provided prior payment of the purchase price.
(2) If the product designated by the customer in the order is only temporarily unavailable, the supplier shall also inform the customer of this immediately. In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. In this case, the supplier is also entitled to withdraw from the contract. In this case, he will immediately refund any payments already made by the customer.
(2.1) Excluded from the right of withdrawal are individually created custom bikes, in particular custom-made bikes and special orders of 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, Netherlands, Norway, Poland, Sweden, Switzerland, Czech Republic, Austria, UK, Ireland - other countries only after prior consultation and agreement.
(4) The customer can make payment by bank transfer/ advance payment. Cash or card payment is not possible 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 already be in default by missing the deadline.
§ 4 Retention of title
Until full payment of the purchase price, the delivered goods remain the property of the supplier.
§ 5 Prices and shipping costs
(1) All prices stated on the website of the supplier are inclusive of the applicable statutory value added tax.
(2) The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer unless the customer exercises any right of revocation.
(3) In the event of a revocation, the customer shall bear the direct costs of the return shipment.
§ 6 Warranty for material defects
(1) The supplier is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The warranty period for goods delivered by the supplier to entrepreneurs is 12 months.
§ 7 Liability
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the supplier, his legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
(2) In the event of a breach of material contractual obligations, the provider shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless it is a matter of claims for damages by the customer arising from injury to life, limb or health.
(3) The restrictions of paragraphs 1 and 2 also apply in favour of the legal representatives and vicarious agents of the provider 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 data of the Customer within the scope of the processing of contracts. In doing so, he particularly observes the regulations of the Federal Data Protection Act and the Telemedia Act. Without the customer's consent, the provider will only collect, process or use the customer's inventory and usage data insofar as this is necessary for the processing of the contractual relationship and for the use and billing of telemedia.
(2) Without the customer's consent, the provider will not use the customer's data for the purposes of advertising, market or opinion research.
§ 9 Final Provisions
(1) Contracts between the Provider and the Customer shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods and international private law.
(2) 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 provider is the registered office of the provider.
(3) The contract remains binding in its remaining parts even if individual points are legally invalid. The invalid points shall be replaced by the statutory provisions, if any. However, insofar as this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become ineffective.