General terms and conditions of URBIKE Ltd
1. Scope of application, definitions
All contractual relations between URBIKE Ltd, Türkenstr. 84, 80799 Munich (hereinafter referred to as URBIKE) and the customer as well as all deliveries, services and offerings at http://www.urbike.de are made exclusively based on the following terms and conditions according to the valid version at the time of placing the order. Opposing trading conditions of the client are valid only if URBIKE expressly accepted these in the written.
You may access these GTC at any given time under the URL http://www.urbike.de and print them with the help of your internet browser or save them on your computer.
2. Conclusion of contract
All contracts via the URBIKE web shop under the URL http://www.urbike.de shall be concluded as follows:
To buy a product from the product catalogue of the web shop, you will first need to register using the function “login”.
Upon successful login, products can be chosen from the assortment, added to and collected in the cart. In the cart, you can determine the desired quantity of the desired goods and add or remove products. By clicking the button “Place order”, you submit a binding request to purchase the goods which are in the cart and the terms listed. therein. You may at any time before sending the order inspect, change, or delete the entered data. By clicking the button “Reset”, you may empty the shopping cart.
The order may however only be submitted and transmitted if you have previously accepted the contract conditions by clicking on the button “I accept the GTC”, thereby incorporating them into the order. At any given time, you may access these GTC via your internet browser, print them or safe them on your local computer. These GTC are also accessible under the URL www.urbike.de.
Upon successful order, URBIKE will send the customer an acknowledgement of receipt constituting the acknowledgement of the order; once received the order confirmation, the contract of purchase is in effect.
The sale of goods to minors is prohibited. The purchaser must have reached the age of 18 years.
Contracts will only be made with purchasers whose residence and delivery address is in Germany or Austria. Should, by accident, a contract be made with a client who does not fulfil these requirements, URBIKE reserves an extraordinary right of termination. If certain items which have been ordered at the same time are not listed in the notice of delivery, a binding contract shall not be concluded; the same shall apply if certain items – despite ordered – have not been part of the delivery. Provided that the customer has not earlier received a notice of delivery, the purchase contract will only be concluded with the delivered items.
The internet shop is provided exclusively in German. The contract text is saved by URBIKE. You cannot access the contract text after completing your order, however, the shipping information will contain all contract details.
3. Right of revocation
As a consumer, you have a 14-days right of revocation which we will inform you about here.
For all goods delivered by us, legal warranty rights exist.
5. Prices, shipping and shipping costs
The purchase prices indicated on the website contain the statutory value-added tax and all elements of the price excluding shipping costs.
The ordered good, as well as several different goods, ordered within one overall order will always be shipped together in one single delivery; we don’t do partial deliveries.
Detailed information about shipping requirements and shipping costs are given here.
6. Terms of payment
Payment shall be made exclusively by PayPal or via bank transfer (prepayment).
If you are in delay with payment, the purchase price is subject to interest during the delay in the amount of 5% above the base rate. URBIKE reserves the right to prove and claim a higher damage caused by delay.
7. Set-off, retention
The customers shall only be entitled to a right of set-off or retention provided that their counter claims have been judicially determined or are uncontested. The customer may only exercise a right of retention if the counterclaim is based on the same contractual relationship.
8. Retention of title
URBIKE shall retain title to the delivered goods until full payment.
9. Screen presentation
The pictures added to describe the goods are sample photos. They do not necessarily depict the product realistically but serve to illustrate the product. Particularly the colors and dimensions can be shown differently depending on the monitor used. Only the description of the respective article shall be relevant.
In accordance with the statutory provisions and according to the product liability law, the liability of URBIKE is unlimited for bodily injuries and for losses due to intentional or grossly negligent behavior of URBIKE. This also applies to damage caused by agents of URBIKE.
Unless URBIKE is liable for any damage caused by a breach of a guarantee assumed with the completion of the contract, liability for damage claims shall be limited as follows: URBIKE shall only be liable for damage caused with slight negligence if such is due to an infringement of an essential contractual obligation (cardinal obligation). Cardinal duties are such duties which are essential or make it possible to comply with the agreement and whereas the other contractual partner can duly rely upon the partner’s compliance with such duty. In these cases, URBIKE shall only be liable in so far as the losses are typically foreseeable.
In such cases where URBIKE is liable for slight negligence, the liability for damages caused by delay of performance shall be limited to the typical, foreseeable damage, but in maximum to 5% of the total consideration as agreed upon in the respective contract. The provisions of the above paragraph apply correspondingly to the limitation of damages for wasted expenses (§ 284 of the German Civil Code [BGB]).
The preceding limitations of liability apply also for the benefit of agents of URBIKE.
11. Reservation of self-supply
URBIKE is entitled to cancel the contract, insofar as URBIKE does not receive the corresponding delivery item despite the prior conclusion of a corresponding purchase contract. The responsibility of URBIKE for willful intent or gross negligence remains unaffected in accordance with section 9 of these conditions. URBIKE will inform the buyer immediately whenever the delivery item will not be available on time, and, if the seller wants to withdraw from the contract, exercise such right of withdrawal immediately. In case of a withdrawal, URBIKE will reimburse the buyer with the respective fair consideration.
12. Final provisions
Contracts concluded between URBIKE and the client shall be governed by the law of the German Federal Republic to the exclusion of the provisions of the UN Sales Convention. The agreement shall remain binding even in case of legal invalidity of single provisions and the remaining parts of the contract shall then remain unaffected.
As of June 2015,
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit, die du unter http://ec.europa.eu/consumers/odr/ findest. Zur Teilnahme an einem Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle sind wir nicht verpflichtet und nicht bereit.