Heli-Bikes

Conditions of Use

Contract language is German. This translation is an automatically translation of the German contract content, this translation can maybe be faulty! General terms and conditions of the two-wheeler company Linss, owner Heiko Linss, Kroetengasse 49, 64853 Otzberg - Habitzheim VAT number: DE234601913.

Terms and conditions with customer information

Table of Contents
1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Applicable law
9. Alternative dispute resolution
 

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Heiko Linß, acting under "Zweirad Linß" (hereinafter "seller"), apply to all contracts over the delivery of goods belonging to a consumer or entrepreneur (hereinafter referred to as "customer") with the seller regarding the seller's online shop Closing goods. This is the inclusion of the customer's own terms contradicted, unless otherwise agreed.
1.2 Consumer within the meaning of these terms and conditions is any natural person who is a legal transaction for the most part neither commercial nor their self-employed occupational activity. Entrepreneurs in the sense This GTC is a natural or legal person or an authorized person Passenger company which, in the course of entering into a legal transaction, exercises its commercial or self-employed occupational activity.
 

2) Conclusion of the contract

2.1 Provide the product descriptions contained in the online shop of the seller are not binding offers from the seller, but serve for delivery a binding offer by the customer.
2.2 The customer can use the offer integrated in the online shop of the seller Submit an online order form. Thereby the customer gives, after he the selected Goods placed in the virtual shopping cart and the electronic order process has gone through, by clicking the finalizing the order process buttons legally binding contract offer with respect to those contained in the shopping cart Goods off. Furthermore, the customer may also submit the offer by e-mail or by post to the seller.
2.3 The seller can accept the offer of the customer within five days,
- by giving the customer a written order confirmation or a Order confirmation in text form (fax or e-mail) transmitted, in which extent the Receipt of the order confirmation is decisive for the customer, or
- By delivering the ordered goods to the customer, in which case the receipt of the goods is decisive for the customer, or
- by asking the customer for payment after submitting his order.
If several of the above alternatives exist, the contract comes in the Time, in which one of the aforementioned alternatives occurs first. The deadline to accept the offer begins on the day after the offer is sent by the customer to run and ends with the expiration of the fifth day, which on the Submission of the offer follows. Does the seller accept the customer's offer within the aforementioned deadline, this shall be deemed a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.

2.4 When selecting the payment method "PayPal Express" the payment is processed via the payment service PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms of payment without PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. The customer chooses As part of the online ordering process "PayPal Express" as payment, he issued by clicking the button closing the order process at the same time also one Payment order to PayPal. For this case, the seller already explains the Acceptance of the customer's offer at the time the customer clicks of the order process closing button triggers the payment process.
2.5 When submitting an offer via the seller's online order form the contract text is saved by the seller and sent to the customer after sending his Order together with these terms and conditions in text form (eg e-mail, fax or letter) sent. In addition, the contract text will be published on the seller's website archived and can be accessed by the customer via his password protected customer account Providing the appropriate login information can be obtained for free, provided the customer before submitting his order a customer account in the online shop of the seller has created.
2.6 Before binding the order via the online order form of the Seller can make the customer possible input errors by attentively reading the recognize information displayed on the screen. An effective technical tool For better recognition of input errors, the magnification function of the Browser, which will enlarge the display on the screen. His Entries can be made by the customer as part of the electronic ordering process correct the usual keyboard and mouse functions until he completes the ordering process click on the final button.
2.7 The contract is concluded in German and English Available.
2.8 Order processing and contact usually take place via e-mail and automated order processing. The customer has to make sure that's from him the e-mail address specified for the order processing is correct, so that under this Address the emails sent by the seller can be received. In particular, when using SPAM filters, the customer must ensure that all by the seller or by a third party commissioned with the order processing sent emails can be delivered.
 

3) Right of withdrawal

3.1 Consumers are in principle entitled to a right of withdrawal.
3.2 Further information on the right of revocation results from the revocation instruction of the seller.
3.3 The right of withdrawal does not apply to consumers who at the time of The conclusion of the Treaty does not belong to any Member State of the European Union and sole residence and delivery address at the time of the conclusion of the contract outside the European Union.
 

4) Prices and terms of payment

4.1 Unless the seller's product description indicates otherwise, If the indicated prices are total prices, the statutory VAT included. If necessary, additional delivery and Shipping costs are stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union may in individual cases further costs are incurred, which the seller is not responsible for and those of the customer are wearing. These include, for example, costs for the transfer of money through Credit institutions (for example, transfer fees, exchange rate charges) or import duties or taxes (eg customs duties). Such costs may be related to the money transfer also accrue if the delivery is not in a country outside the European Union, but the customer makes the payment from one country outside the European Union.
4.3 The payment option (s) will / will be available to the customer in the online shop of the Informed the seller.
4.4 If prepayment is agreed by bank transfer, the payment is due immediately Conclusion of the contract, unless the parties agree on a later due date to have.
4.5 When paying by means of a payment method offered by PayPal, the Payment via the payment service PayPal (Europe) S.à r.l. et cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), at Validity of the PayPal Terms of Use, accessible at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms of payment without PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
 

5) Delivery and shipping conditions

5.1 The delivery of goods takes place on the way to the customer specified delivery address, unless otherwise agreed. In the settlement of the Transaction is the delivery address specified in the order processing of the seller prevail. Deviating from this is when selecting the payment method PayPal from the Customer at the time of payment by PayPal deposited delivery address authoritatively.
5.2 Sends the transport company the goods shipped back to the seller because delivery was not possible for the customer, the customer bears the costs for the unsuccessful shipping. This does not apply if the customer the circumstance, the Impossibility of delivery has led, is not responsible or if he was temporarily prevented from accepting the service offered, unless that the seller had announced to him the performance a reasonable time in advance. Furthermore, this does not apply to the cost of the consignment, if the customer Right of withdrawal. For the return costs applies with effective exercise of the right of withdrawal by the customer in the cancellation policy of the seller this regulation.
5.3 In the case of self-pickup, the seller first informs the customer by e-mail that the goods ordered by him are ready for collection. After receiving this E-mail, the customer can order the goods after consultation with the seller at the registered office of Pick up the seller. In this case, no shipping costs will be charged.
 

6) Retention of title If the seller in advance, he reserves until full payment of the owed purchase price the ownership of the delivered goods.

 

7) Liability for defects (warranty)

7.1 If the purchased item is defective, the statutory provisions shall apply Liability for defects.
7.2 Deviating from this, the limitation period for claims for defects shall be used goods one year from delivery of the goods to the customer. The shortening However, the limitation period of one year does not apply
- for items that are in accordance with their usual use for a building have been used and have caused its defectiveness
- for damages and reimbursement claims of the customer, as well
- in the event that the seller has fraudulently concealed the defect.

7.3 The customer is requested to deliver goods with obvious transport damage to complain to the deliverer and to inform the seller. If the customer does not comply with this, this has no effect on his statutory or contractual claims for defects.
 

8) Applicable law

8.1 The law of the Federal Republic applies to all legal relationships between the parties Germany under exclusion of the laws on the international purchase of movable Were. For consumers, this choice of law applies only insofar as not granted Protection by mandatory provisions of the law of the state in which the consumer his habitual residence has been withdrawn.
8.2 Furthermore, this choice of law does not apply to the statutory right of withdrawal Consumers who, at the time of the conclusion of the contract, do not benefit any Member State European Union and their sole residence and delivery address Date of conclusion of the contract outside the European Union.
 

9) Alternative Dispute Resolution

9.1 The EU Commission is providing a platform on the Internet at the following link Online dispute resolution ready: https://ec.europa.eu/consumers/odr This platform serves as a point of contact for out-of-court settlement of disputes from online purchase or service contracts involving a consumer.
9.2 The seller is to participate in a dispute resolution procedure before a Consumers neither committed nor ready.