Conditions générales de vente
Terms and conditions
of the company bicikli, Dirk Dudek
for the online shop
§ 1 Area of application
The following terms and conditions are part of any contract that may be closed between the company bicikli, Dirk Dudek, Kamillenweg 9, 73527 Schwaebisch Gmund, Germany and you via our internet page http://bicikli.de/shop/ ("online shop").
§ 2 Offer; availability
(1) The presentation of our goods in our online shop does not present a binding offer for us.
(2) With your order you are giving us a binding offer that we can accept within two working days.
(3) If ordered goods are not available because of no fault of our own our supplier failed to deliver even though they are bound to do so by contract we can cancel the contract with you. In that case we will inform you without delay and refund any payment you already made to us immediately.
§ 3 Prices; minimum order value
(1) All prices in our online shop include VAT.
(2) There is no minimum order value
§ 4 Delivery
(1) We deliver within Germany, within the European Union and outside the European Union.
(2) If not explicitly agreed otherwise we will determine the mode of shipment and the carrier in accordance with who is cheapest.
(3) We reserve the right to partial deliver if reasonable and required for efficient processing.
§ 5 Our liability
The warranty for defects laws apply to our goods unless nothing else has been agreed on:
(1) We are liable - for no matter what lawful reason- for compensation or replacement of wasted expenses under requirement of the following regulations (a) and (b):
(a) In case of deliberate intention and gross negligence we are absolutely liable. In case of lesser negligence we are only liable for damage resulting from misconduct of obligations of essential parts of the contract (obligations that need to be met in order to properly fulfil the contract in the first place which you regularly trust in and rightly so): in that case however our liability is limited to replacing the predictable damage that is specific to the contract.
(b) The limitations and exclusions of liability resulting from letter (a) are not valid if we fraudulently concealed a fault or offered a warranty for the condition of the goods, for damage resulting from injuries to life, body or health as well as in case of liability according to the Product Liability Act.
(2) If our liability is excluded or limited this will also be applicable to the personal liability of our legal representatives and assistants.
§ 6 Reservation of proprietary rights
Until full payment is received the goods remain our property.
§ 7 Online settlement of disputes and consumer settlement of disputes act
(1) Online settlement of disputes according to art. 14 clause 1 ODR-VO:
The European commission is offering a platform for online settlements of disputes. You can find it at http://ec.europa.eu/consumers/odr/
(2) We will not be taking part in action for settlement of disputes in front of an arbitration board and are not legally obligated to.
§ 8 Applicable law
We solely adhere to the laws of the Federal Republic of Germany. The convention of the United Nations about contracts in international trade from April 11th 1980 (CSIG) is invalid. Mandatory stipulations of the country in which you have your main residency remain untouched.
§ 9 Severability clause
Should one or several stipulations of this contract prove to be ineffective or inexecutable in parts or as a whole, or as a result of changes in the law after conclusion of the contract become ineffective or inexecutable, the remaining stipulations and the validity of the contract as a whole remain untouched.
In lieu of the ineffective or inexecutable stipulations effective and executable regulations that come closest to achieving the original commercial goal sought by both parties with the now ineffective or inexecutable stipulations may be used.
The aforementioned regulations apply in the case of the contract proving to be incomplete.
© bicikli, Dirk Dudek