General terms and conditions
Terms of contract within the scope of purchase contracts concluded via the platform https://ebike-mallorca.com
between
eBike Mallorca Germany
Postal road 2a
66440 Blieskastel
Contact:
Phone: +49 (0) 176 / 60313247
Fax: 0049 (0) 6842/946534
E-mail: welcome@ebike-mallorca.com
Represented by Niklas Bender (sole trader)
VAT identification number: DE-812563699
– hereinafter referred to as the “Provider” –
and
the users of this platform designated in § 2 of these General Terms and Conditions – hereinafter referred to as “Customer/Customers” – are concluded.
§ 1 Scope of application
For the business relationship between the supplier and the customer, the following General Terms and Conditions apply exclusively in their version valid at the time of the order. Deviating conditions of the customer are not recognized, unless the supplier agrees to their validity expressly in writing.
§ 2 Conclusion of contract
(1) The Customer may select products from the Supplier’s product range and collect them in a so-called shopping basket by clicking the “Add to shopping basket” button. Via the button “Buy now” 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.
(2) The supplier then sends the customer an automatic confirmation of receipt with the subject “Confirmation of your order at eBike Mallorca” by e-mail, in which the order of the customer is listed again and which the customer can print using the function “Print”. The order of the customer (1) represents here the offer to the contract conclusion 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 confirmation. 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 order, GTC and order confirmation) will be 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 regulations.
(3) The contract is concluded in the languages: German.
§ 3 Delivery, availability of goods, terms of payment
(1) Delivery times stated by us shall be calculated from the date of our order confirmation (§ 2 (2) of these General Terms and Conditions), subject to prior payment of the purchase price.
(2) If the product specified by the customer in the order is only temporarily unavailable, the supplier will also inform the customer 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 addition, in this case the provider is also entitled to withdraw from the contract. In this case he will immediately reimburse any payments already made by the customer.
(3) The following delivery restrictions exist: The supplier delivers only to customers who have their usual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Belgium, Bulgaria, Germany.
(4) The customer can make the payment by direct bank transfer, PayPal.
(5) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of the payment is determined according to the calendar, then the customer already comes by omission of the date in delay.
§ 4 Retention of title
Until the purchase price has been paid in full, the delivered goods remain the property of the supplier.
§ 5 Prices and shipping costs
(1) All prices stated on the provider’s website are inclusive of the applicable statutory value added tax.
(2) The corresponding shipping costs are stated to the customer in the order form and are to be borne by the customer, unless the customer makes use of any right of revocation.
(3) In the event of revocation, the customer shall bear the direct costs of the return shipment.
§ 6 Warranty for material defects
(1) The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. of the German Civil Code (BGB). BGB (GERMAN CIVIL CODE). The warranty period for items delivered by the provider 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 provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the provider shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless it is a matter of the customer’s claims for damages arising from injury to life, limb or health.
(3) The restrictions of paragraphs 1 and 2 shall 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 shall remain unaffected.
§ 8 Notes on data processing
(1) The provider collects data of the customer within the framework of the handling of contracts. He observes in particular 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 consent of the customer, the provider will not use the customer’s data for advertising, market or opinion research purposes.
§ 9 Final provisions
(1) The law of the Federal Republic of Germany shall apply to contracts between the provider and the customer, 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 ineffective. Instead of the ineffective points the legal regulations step, as far as available. As far as this would represent an unreasonable hardship for a contracting party, the contract as a whole becomes ineffective.
§ 10 Notes on the Battery Act
Notes on battery disposal
In connection with the sale of batteries or the supply of equipment containing batteries, the Seller is obliged to advise you of the following:
You are required by law to return used batteries as an end user. You may return batteries free of charge after use to the Seller or to the designated collection points (e.g. municipal collection points or retailers). You can also return the batteries to the seller by post. In any case, the seller will refund you the postage for the return of your used battery.
The symbols shown on the batteries have the following meanings:
The crossed-out dustbin symbol means that the battery must not be disposed of with household waste.
Pb = Battery contains more than 0.004% lead by mass.
Cd = battery contains more than 0,002 % cadmium by mass
Hg = Battery contains more than 0.0005 mass percent mercury.