General terms and conditions with mandatory information for purchase contracts for goods from the CrossWorx-Cycles online shop.
The following conditions – which at the same time contain legal information according to the rules of distance selling and electronic commerce – apply to all deliveries and services (hereinafter collectively referred to as “services”) by CrossWorx-Cycles to consumers (§ 13 BGB).
A consumer is any natural person who enters into a legal transaction for a purpose that can be attributed neither to their commercial nor their independent professional activity.
Entrepreneurs within the meaning of these general terms and conditions are natural persons or legal entities or legal partnerships who conclude a purchase agreement with CrossWorx Cycles for one or more articles from the online shop repertoire and act in the exercise of their commercial or independent professional activity.
The relevant language for the conclusion of the contract and for the execution of the contract is German.
2. Conclusion of contract
a. Your purchase contract is concluded with:
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Managing Director: Christoffer Reichling
Tax ID No .: DE327288123
For questions and complaints, the CrossWorx-Cycles service team is available Monday to Friday between 10:00 and 18:00 via e-mail at firstname.lastname@example.org or phone at +49 3672 4838918
3. Order / purchase process
The product presentations in our online shop do not constitute a legally binding offer, but rather an invitation to give up a binding, paid order by the customer. By clicking on the button “order for a fee” or by placing an order by phone, you submit a binding offer to buy. With regard to the equipment of the products, only the product specifications contained in the online catalog, which may differ from the photographs contained therein, are relevant. Upon receipt of the order, CrossWorx Cycles will promptly confirm this by e-mail. This order confirmation does not represent an acceptance of your offer, but only serves to control your order. The contract is only concluded by sending an order confirmation by e-mail or by shipping the goods.
Supplements, ancillary agreements and changes as well as quality agreements and the assumption of warranties shall only be deemed to have been validly agreed upon if expressly confirmed in writing by CrossWorx-Cycles.
4. Prices, shipping and delivery
a. The prices are quoted in Euro and include VAT and other price components with the exception of shipping costs. These result from the shipping cost overview. If we are to deliver the goods outside the European single market, you will pay the additional costs, in particular customs duties, customs and handling fees and taxes. In this case, we will refer you to your order before the additional costs. Please contact us at email@example.com.
b. Unless otherwise agreed, CrossWorx-Cycles will determine the mode of shipment and the carrier.
c. We ask you to check the goods after delivery for possible damage in transit. If transport damage has occurred, we ask you to inform us immediately. This non-binding request leaves your warranty rights unaffected. It only serves to secure our claims against the shipping company.
5. Delivery time and delivery ability
a. The delivery time is with availability of the products, unless stated otherwise in the offer and depending on the receipt of payment, for a delivery within Germany up to 12 working days, with insular deliveries up to 14 working days. The remaining delivery time can be found in the menu item “Service”.
b. If CrossWorx Cycles determines the unavailability of the goods ordered after the conclusion of the contract, CrossWorx Cycles may withdraw from the contract if CrossWorx-Cycles is not responsible for the lack of availability. CrossWorx Cycles will notify you in this case immediately and refund any advance payments.
c. If certain items of the ordered goods are not available, CrossWorx-Cycles is entitled to exchange these items with technically equivalent or higher quality items.
d. CrossWorx Cycles is entitled to partial deliveries at its own expense, as far as this is reasonable for you.
6. Terms of payment
a. The payment is made either in advance, PayPal (fees apply and can be found in the menu item “Service”) or, within Germany, cash on delivery. When paying in advance and PayPal, CrossWorx-Cycles will provide you with a customer number and order number, which you must specify when making your transfer. Cash-payment are due when the goods are received.
b. You are only entitled to offset if your counterclaims are undisputed or legally binding.
c. A right of retention can only be asserted for claims arising from the same contractual relationship.
7. Retention of title
The goods remain the property of CrossWorx-Cycles until full payment. Prior to the transfer of ownership, any pledging, assignment, processing or transformation without the written consent of CrossWorx Cycles is not permitted.
Your rights due to defects are determined by the statutory provisions.
We are liable for intent and gross negligence. Furthermore, we are liable for the negligent breach of obligations, the fulfillment of which enables the proper execution of the contract in the first place, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance you as a customer regularly rely. In the latter case, however, we are liable only for the foreseeable, contract-typical damage. We are not liable for the slightly negligent violation of obligations other than those mentioned in the preceding sentences.
The above exclusions of liability do not apply in case of injury to life, body and health. Liability under the Product Liability Act remains unaffected.
The data communication via the Internet can not be guaranteed error-free and / or available at any time according to the current state of the art. We are not liable for the constant and uninterrupted availability of our website.
Insofar as the liability for damage is excluded or limited, this exclusion or limitation also applies to any liability of the vicarious agents and legal representatives of CrossWorx-Cycles.
a. Without limiting your statutory warranty rights, the following additional conditions apply to the warranty:
The warranty does not apply if the bicycle has damage or signs of wear and tear caused by improper or improper use in accordance with the fields of use for the respective bicycle described on our website. Improper use is the following measures in particular:
Neglect of the product (insufficient care and maintenance)
• frame or fork modifications (eg engraving or painting)
• Installation and conversion of additional components not expressly approved by us or replacement of the components installed by us on delivery by non-identical components
• Continued operation of a bike with misaligned, defective or worn out bearings or defective suspension elements
• Damage to the seat tube in the area of its overhang to the top tube as a result of too far out of the seat tube pulled seat post
In addition, the warranty does not apply if the bicycle has damage or signs of wear caused by overstressing of any kind, especially falls and jumps. In any case, overstressing occurs:
• a deformation of the frame. This is the result of an overload and thus a sign of improper use
• a bent or broken derailleur hanger (attachment point of the rear derailleur). This is a result of overload or erroneous adjustment. This component represents a predetermined breaking point and protects the frame and derailleur from damage due to overloading
b. Our warranty applies only to the original purchaser of the product and requires a copy of the original proof of purchase.
11. Right of withdrawal
Customers who are consumers (see § 1 of these conditions) are entitled to a 14-day right of withdrawal. With regard to the existence or non-existence of a right of withdrawal and the consequences in the case of withdrawal, the following terms and conditions apply.
Right of Withdrawal
You have the right to withdraw from this contract within 14 days without giving a reason.
The cancellation period is 14 days from the day on which you or a third party named by you, who is not a carrier, has taken possession of the last goods.
To exercise your right of withdrawal, you have us
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by means of a clear statement (eg letter sent by e-mail or by post) about your decision to withdraw from this contract.
To maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation
If you withdraw from this Agreement, you will receive all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the cheapest standard delivery we offer). , immediately and at the latest within 14 days from the day on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you charge for this repayment charges. We may refuse to repay you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods to us immediately and in any event not later than 14 days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of 14 days. You bear the immediate costs of returning the goods.
In the event of a cancellation, you have to pay compensation for loss of value due to the handling of the goods, which was not necessary for the examination of the condition, properties and functioning of the goods. This is particularly the case if the goods were not used on the road, but on trails in bike parks, in the forest or on similar routes.
12. Storage of contract data
A special contract text will not be saved in addition to the order data sent by e-mail and these conditions of CrossWorx Cycles. The respective item description contains the essential features of the goods offered by CrossWorx Cycles. In addition, the customer can print the details of his order with the print function of his e-mail client or web browser to “print”.
13. Final provisions
a. The law of the Federal Republic of Germany applies excluding the UN sales law.
b. If the customer is an entrepreneur, it is agreed that the place of performance is Forchheim. If a customer who is an entrepreneur and at the same time a merchant is also agreed as the exclusive place of jurisdiction for all disputes arising from or in connection with the purchase contract Rudolstadt. CrossWorx Cycles is entitled to sue entrepreneurs at their general place of jurisdiction.
c. Should a provision of this contract including this condition be or become wholly or partially invalid, this shall not affect the validity of the remaining provisions. In place of the ineffective regulation, the relevant statutory provisions apply.