§ 1 Subject matter
These Terms and Conditions apply to all orders and contracts made at Bike-Tower by private persons. A private persons is a person, who has its place of residence in Germany and a shipping address in Germany. In the following a persons who places an order is called “customer”.The ordered goods of private persons do not belong to a commercial or freelance business.
§ 2 Contract
With product presentation and offering to place an order there is - on our part - no binding offer connected, yet. Only an actual order means an offer to us to close a contract. If the customer places an order at www.bike-tower.de, we will check the stock concerning the customer’s order and send a confirmation of the customer’s order to the indicated email address that is confirming the contract.
§ 3 Prices and Shipping Costs
The displayed prices are final prices (incl. VAT). The price applies, that is displayed at the moment of placing a binding order. Shipping costs depending on the pieces of ordered goods and shipping methods will be added. Details can be found here shipping costs. The regular costs of returning goods in case of cancellation of the contract at customers side according to terms of cancellation will be refunded by us. In the case of cancellation we refund shipping costs, too.
§ 4 Payment
Payment within Germany is exclusively made by papal or prepayment.
§ 5 Delay of Payment
If there is a delay of payment at customer side, Bike-Tower is entitled to demand default interest 5 % above base interest rate announced by the German Bundesbank at the moment of order placement. If there is a higher loss at Bike-Tower side caused by the delay of payment, Bike-Tower is entitled to claim this.
§ 6 Compensation
The customer has the right for compensation if his or her counter-claims are determined legally or undoubted at Bike-Tower side.
§ 7 Right of Retention
The customer is only entitled to make use of the right of retention as his counter-claims are based on the same contract.
§ 8 Shipping
(1) Shipping will be carried out to the indicated shipping address. Is the shipping address outside of Germany, the products will be only delivered if the customer refunds the additional shipping and customs costs - compared to a delivery within Germany - to Bike-Tower.
(2) If events beyond Bike-Tower`s control (natural disasters, war, civil war, terror attacks) stop deliveries of goods or services permanently, Bike-Tower is discharged from liability. Refunds of payments that are already made are returned by Bike-Tower immediately.
(3) Bike-Tower can refuse services if they require input, that is - considering the content of the contract and goodwill - in a strong discrepancy to the interest of the customer concerning fulfilment of the contract. Refunds of payments that are already made are returned by Bike-Tower immediately.
§ 9 Cheapest way of returning goods, no "unfree" returns
(1) In case of returns please use the original packaging, also if the packaging is damaged due to testing functions. You are not committed to that, but you can avoid compensation for lost value because of the missing original packaging by returning the goods in their original packaging.
(2) For returns please avoid expensive shipping costs, because we are only committed to refund comparatively cheap shipping costs.
(3) "Unfree" returns will not be accepted by Bike-Tower.
§ 10 Reservation of Property Rights
As long as all claims against the customer concerning the contract are not balanced the delivered goods stay in the property of Bike-Tower. As long as the reservation of property exists the customer is not allowed to resell the goods or have it at his or her disposal. Furthermore, the customer is not allowed to admit usage of the goods to a third party.
§ 11 Warranty Rights
(1) If a product is already faulty at the moment of delivery (claim covered by warranty) Bike-Tower is - as the customer chooses - replace/reimburse the faulty product with a non faulty or arrange repairs (supplementary performance).
The customer will be informed that it is not a claim covered by warranty if the goods were in the agreed conditions at the moment of transfer.
A claim covered by warranty is not applying, if:
a) design was changed without affecting functionality
c) damages caused at customer side due to misuse or incorrect use
b) damages caused at customers side due to external influences (extreme temperatures, humidity, extreme physical or electric strains, voltage fluctuation, lightning stroke, static electricity, fire)
Bike-Tower reserves the right to perform technical changes in a reasonable scale without performing information duties.
(2) Bike-Tower does not take responsibility for a mistake due to incorrect use or repairs by a non authorised service partner of the manufacturer.
(3) If the supplementary performance demanded by the customer (reimbursement or repair) requires an input that is - considering the product price concerning the content of the contract and goodwill - in a strong discrepancy to the interest of the customer, the demand is only limited to the different kind of supplementary performance. The value of the product free from defects, the importance of the defect is to be considered as well as the question if the different supplementary performance is not a disadvantage for the customer. The right of Bike-Tower to refuse also this kind of supplementary performance under explained preconditions remains unaffected.
(4) Either in case of repairs or reimbursement the customer is committed to send the product back to Bike-Tower. The customer has to indicate order number and his or her shipping address. The cost for shipping is paid by Bike-Tower. Before returning the goods the customer has to remove parts or stickers he added. Bike-Tower is not committed to check the product for added parts. Bike-Tower is not liable for the loss of such parts unless Bike-Tower could recognize the addition of such parts easily. (In this case Bike-Tower informs the customer and keeps the part that the customer can pick it up; the customer carries the occurring costs)
(5) If the customer returns a product to be reimbursed, the warranty of the returned complies with the following: If the customer could use the product between delivery and return in proper condition he has to refund the value of this received benefit. If the break up, further deterioration of the product or the impossibility of returning the product within delivery and return is not caused by the defect, the customer has to refund this value. The customer does not have to refund the lost value of deterioration of the product due to correct use of the product.
The duty to refund the lost value in case of returning a defect product in case of a claim that is covered by warranty does also not apply if:
a) the defect that entitles a cancellation of the contract was displayed after usage or change of the product.
b) the deterioration or break up is on Bike-Towers responsibility or the damage would have also occurred on Bike-Towers side
c) the deterioration or break up occurred at customer`s side although the customer took care as if would be his or her own business (diligentia quam suis rebus)
(6) The duty of claim compensation on customer side caused by breach of reshipment duty (on customer side) conforms with legal regulations.
(7) The customer can resign from contract or reduce the product price if repair or reimbursement didn’t take place during an appropriate time period or the process didn’t bring out a product condition, that is suitable to the contract.
(8) The implied warranty ends 2 years after the delivery of the product. (9) It starts with receipt of the products.
§ 12 Duty of product checking and defect report
The customer is to be in bond:
a) to check the delivered products to detect obvious defects (also concerning delivered quantity)
b) to report obvious defects in written form to Bike-Tower, immediately unless the customer performs his or her right of cancellations in time and in the appropriate form.
§ 13 Warranty
(1) In the case of ordinary negligence Bike-Tower is only liable for breaches of main contract duties and the liability is limited to the foreseeable damage or loss. The limitation doesn’t apply in case of injury or life, body and health. For any other damages caused ordinary negligent by the defect of the purchased product Bike-Tower is not liable.
(2) Independent from a default on Bike-Tower side its liability in case of fraudulent concealment of a defect or an adoption of a warranty remains unaffected.
(3) Bike-Tower is also responsible for the impossibility of shipment during the shipment that occurs coincidentally unless the loss would have also occurred in the case of shipment on time.
(4) Personal liability is excepted for the legal representatives, auxiliary persons and employees of Bike-Tower for damages caused by their ordinary negligence.
§ 14 Applicable Law
The closed contract between customer and Bike-Tower is subject to the law of Germany and to the explicit exclusion of UN-Convention on Contracts for International Sale of Goods.
§ 15 Jurisdiction
As long as the customer at the moment of order against his or her statement doesn’t have his or her place of residence in Germany or he or she changes his or her place of residence into a foreign country after closing the contract or at the moment of commencement of an action the place of residence of the customer is unknown, the jurisdiction for any conflicts concerning the contract is Langenfeld/Rheinland.
§ 16 Severability Clause, Written form
(1) If some regulations of these rules should be or become void or effectless at all or only partly, the effectiveness of the contract remains unaffected. Both parties commit to replace a void or effectless regulation by an effective one, that approximates the volitional economical purpose most. The same applies in case of a gap.
(2) Changes or additions of this contract are to made in written form.