General terms and conditions of Used Bikes Oliver Blas GmbH
GENERAL TERMS AND CONDITIONS WITH CUSTOMER INFORMATION
TABLE OF CONTENTS
1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and payment terms
5. Reservation, deposit and cancellation
6. Delivery and shipping conditions
7. Retention of title
8. Liability for defects (warranty)
9. Redemption of promotional vouchers
10. Applicable law
11. Export deliveries to third countries / refund of German VAT
1) SCOPE
1.1 These General Terms and Conditions (hereinafter "GTC") of Used Bikes Oliver Blas GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller regarding the goods presented in the online shop. The inclusion of the Customer's own terms and conditions is hereby excluded, unless otherwise agreed.
1.2 A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor independent professional activity. An entrepreneur within the meaning of these Terms and Conditions is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) CONCLUSION OF CONTRACT
2.1 The product descriptions contained in the online shop do not constitute binding offers by the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit an offer using the order form integrated into the online shop. By clicking the button that completes the order process, the customer submits a legally binding offer with regard to the goods contained in the shopping cart.
2.3 The Seller may accept the Customer’s offer within five days:
• by sending an order confirmation in text form (e.g. email)
• by delivery of the goods
• or by requesting payment
2.4 If you select a PayPal payment method, the contract is concluded immediately by clicking the button that completes the order process.
2.5 The contract text will be saved and sent to the customer in text form (e.g. email).
2.6 Input errors can be detected and corrected before the order is submitted.
2.7 The contract language is exclusively German.
2.8 Communication is generally conducted via email. The customer is responsible for providing their correct email address.
3) RIGHT OF WITHDRAWAL
3.1 Consumers generally have a statutory right of withdrawal.
3.2 Further information can be found in the cancellation policy.
3.3 No right of withdrawal for entrepreneurs
The right of withdrawal applies exclusively to consumers within the meaning of Section 13 of the German Civil Code (BGB). Entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) are not granted a voluntary right of return. A contractual right of withdrawal or cancellation does not exist for entrepreneurs.
4) PRICES AND PAYMENT CONDITIONS
4.1 The prices quoted include statutory VAT. Shipping costs are listed separately.
4.2 The customer may use the payment methods listed in the online shop.
4.3 A down payment may be agreed upon upon conclusion of the purchase contract. Unless otherwise agreed, the down payment shall amount to 20% of the purchase price. Separate terms and conditions apply to reserved goods under Section 5 of these Terms and Conditions.
5) RESERVATION, DEPOSIT AND CANCELLATION
5.1 For reserved goods, a deposit of 20% of the purchase price is required upon reservation or conclusion of the contract. The reservation becomes binding only upon receipt of the deposit.
5.2 If the customer withdraws from the purchase after making a down payment, the following provisions apply:
• Consumers (private customers):
In the event of a cancellation, we reserve the right to retain 10% of the purchase price, up to a maximum of €500, as a lump sum compensation. This lump sum serves to cover processing and administrative costs, as well as the loss of value (blocking of the goods). The customer remains entitled to provide evidence that we have incurred no or significantly lesser damages.
• Entrepreneurs (commercial customers):
In the event of cancellation by the entrepreneur, we reserve the right to retain the full amount of the advance payment as lump sum compensation. This retention serves to compensate for expenses incurred, lost opportunities for use, and lost profits. The customer remains entitled to prove that we have incurred no or significantly lesser damages.
5.3 Furthermore, there is no statutory right of withdrawal for contracts with entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB). Cancellation of reserved goods and advance payments by entrepreneurs is generally excluded unless otherwise agreed in writing.
6) DELIVERY AND SHIPPING CONDITIONS
6.1 Delivery will be made to the delivery address specified by the customer.
6.2 Shipping costs are shown during the ordering process.
6.3 In the event of failed deliveries, the customer shall bear the additional shipping costs to the extent that he is responsible for the failed delivery.
6.4 Self-collection is possible if selected during the ordering process. After receiving the confirmation email, the customer can collect the goods during our opening hours.
7) RESERVATION OF TITLE
The goods remain the property of the seller until full payment has been made.
8) LIABILITY FOR DEFECTS (WARRANTY)
8.1 The statutory liability for defects applies.
8.2 Consumers are requested to report any obvious transport damage directly to the delivery company.
8.3 In the case of goods expressly marked as defective (e.g. “DIY goods”), the warranty for the stated defect is excluded.
9) REDEMPTION OF PROMOTIONAL VOUCHERS
9.1 Promotional vouchers can only be redeemed in the online shop during the specified period.
9.2 Individual products may be excluded from the voucher.
9.3 Cash payment or interest on the balance is excluded.
9.4 The balance of vouchers not fully redeemed will expire.
9.5 Vouchers are not transferable.
10) APPLICABLE LAW
All contracts are governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this only applies to the extent that there are no mandatory consumer protection provisions of the country in which the consumer is resident that conflict with this.
11) EXPORT DELIVERIES TO THIRD COUNTRIES / REFUND OF GERMAN VAT
11.1 No direct delivery to third countries
We do not offer direct deliveries to countries outside the European Union ("third countries"). Orders can only be sent to addresses within Germany or picked up by the customer in person at our store.
11.2 Delivery to Germany with subsequent personal export
Customers residing in a third country who have goods delivered to a delivery address in Germany or who collect the goods personally can apply for a refund of the German VAT included in the invoice upon subsequent personal export.
11.3 Conditions for reimbursement
• Minimum goods value of €50.00 (gross)
• Presentation of the original invoice with official customs stamp (“export and buyer confirmation”)
• Return the original stamped invoice to us within 3 months of the date of purchase
11.4 Processing fee
We charge a processing fee of €20.00 (gross) for processing the VAT refund. This fee will be deducted from the refund amount.
11.5 Payment
After receiving and reviewing all the documents, we will refund the VAT shown on the payment method used for the order.
11.6 Exclusion of refund
A refund will only be issued if all required documents are submitted in full and on time. Incomplete, incorrect, or late documents will not be eligible for a refund.