Vintage Bicycles Store
Owner: Alex Hensch
Tax Number: 06094/51035 (Finanzamt Freiburg Stadt)
Mail: vintage.bicycle.com [at] gmail [dot] [com]
Phone: +49 (0) 178 339 20 25
Contractual services and offers made by Vintage Bicycle Store are provided or made in accordance with the following conditions only. By taking note of these terms and conditions, the party to the contract is agreeing to their forming a part of the contract to be concluded with Vintage Bicycle Store.
Supplementary agreements, additions to or deviations from these terms and conditions are only valid where they have been confirmed in writing by Vintage Bicycle Store. The party to the contract's own general terms and conditions of business do not form a part of the agreement between the parties, even where this is not expressly stated by Vintage Bicycle Store. Conclusion of contract offers from Vintage Bicycle Store websites, catalogues and other information media are non-binding. By placing an order, the party to the contract makes a binding declaration that they wish to acquire the goods ordered.
Vintage Bicycle Store is entitled to accept the party to the contract's offers within a period of two weeks from receipt. The contract is concluded if Vintage Bicycle Store provides written confirmation of acceptance of the offer by post or by e-mail or makes the delivery within this period. It is sufficient that the goods are dispatched or a confirmation is posted within this period.
Subject of the contract is solely the goods which are expressly confirmed by Vintage Bicycle Store or are dispatched against an order placed by the party to the contract. Drawings, diagrams and other product descriptions are non-binding. Printing errors, design and technical changes may occur and these do not form the basis for any rights of the party to the contract. Goods are deemed to have failed to fulfill the contract only where there is a deviation from the product description which is more than merely minor and insignificant.
2. Delivery & Payment
Vintage Bicycle Store is entitled to effect delivery of the goods forming the subject of the contract after the expiry of the two week cooling-off period described in section “Right of cancellation and return for long distance sales contracts”. All prices given are in euros. Because of the small enterpise according §19 UStG we not levy the VAT. Goods are delivered by Vintage Bicycle Store against cash in advance only. The party to the contract may, after receiving the order confirmation, make payment by bank transfer (citing their customer number) or PayPal.
Vintage Bicycle Store reserves the right to amend the estimated postage and cash on delivery charges in line with actual changes to these costs. Vintage Bicycle Store may make part deliveries where this is conducive to the execution of the contract and is not unreasonable for the party to the contract. The party to the contract may not assign debts due against Vintage Bicycle Store without the express written consent of Vintage Bicycle Store.
3. Transport Damages
Vintage Bicycle Store is not liable for transport damages. If there occur damages during the transport these need to be addressed and clarified with the delivery company.
4. Right of Return for Long Distance Sales Contracts
The party to the contract has the right to revoke his manifestation of intent based on the conclusion of the contract within a period of two weeks from receipt of the goods. No reason need be given for this return, which is to be made through return of the goods to Vintage Bicycle Store. Dispatch of the goods within this period is sufficient. In exercising this right of return, the party to the contract must return the goods, if the goods can be dispatched as a package. Before dispatching the return, you will need to contact Vintage Bicycle Store.
The party to the contract bears the postage costs as long as the goods delivered correspond to the goods ordered. The party to the contract must pay compensation for the value of any deterioration arising through the proper use of the goods. The party to the contract must exercise due care when examining the goods. Any loss in value arising from any usage beyond simply examination, such that the goods can no longer be sold as new, must be borne by the party to the contract.
Where the party to the contract exercises his right of return, Vintage Bicycle Store will reimburse payments already made within 10 days, as soon as the party to the contract has effected the return of the goods. Where damaged or used goods are returned, Vintage Bicycle Store expressly reserves the right to assert claims for compensation.
In case of return, it is necessary to contact Vintage Bicycle Store:
Mail: vintage.bicycle.store [at] gmail [dot] [com]
Phone: +49 (0) 178 339 20 25
5. Reservation of ownership
The goods forming the subject of the contract remain the property of Vintage Bicycle Store until they have been paid for in full.
6. Warranty & Guarantee
Vintage Bicycle Store is obliged to give warranty according to German law. Warranty in this case means that Vintage Bicycle Store is responsible for the good being free of defects as to quality and/or defects of title at the moment of closing a contract of purchase. Warranties last 24 months for new goods and 12 months for used goods (§438 BGB).
In the event of warranty claims, an invoice must be provided as proof of date of purchase. The item for which a warranty claim is made must be sent to Vintage Bicycle Store together with a copy of the invoice. For defects in the goods forming the subject of the contract, Vintage Bicycle Store will initially either remedy the defect or replace the defective item at the party to the contract's discretion. Vintage Bicycle Store is, however, entitled to decline to remedy the defect in the manner selected and to select the alternative optionin order to remedy the fault if carrying out this option will result in disproportionately high costs and the alternative remedy does not offer any significant disadvantage to the party to the contract. Vintage Bicycle Store is entitled to make two attempts to remedy the defect, in each case within 3 weeks of being notified of the defect.
If the attempt to remedy the defect is without success, the party to the contract is entitled to demand a reduction in the remuneration paid (diminution of the price) or reversal of the contract (cancellation). Where a defect is minor, the party to the contract does not have the right of cancellation. For the maintenance of warranty claims, the party to the contract is obliged to examine the goods immediately on receipt. Vintage Bicycle Store must be notified of damage arising during transportation or obvious defects within one week. Dispatch of the notification within this period is sufficient.
The warranty does not include normal wear and tear. If Vintage Bicycle Store maintenance or care instructions are not observed, changes are made to the product, accessory parts are incorrectly mounted, parts are replaced or care products are used which do not meet the high quality standards of Vintage Bicycle Store, the warranty will be rendered invalid.
Vintage Bicycle Store does not offer a guarantee (defined as guaranteed operability of goods or part of goods for a certain time span) for any sold goods. The party to the contract is granted a guarantee in the legal sense only where this is expressly specified in writing by Vintage Bicycle Store.
There is no liability for Vintage Bicycle Store in case of damage by using the goods, especially by false use. In that case there is no right for compensation claims unless Vintage Bicycle Store acted gross negligence. The evidence must be brought by the customer. Because of the disassembling of the bicycles for shipping, customer has to assemble it from a bicycle mechanic or to check it by him after assemble it by himself. Customer has brought the evidence for the right assembling.
8. Data protection
In order to complete orders, Vintage Bicycle Store will save the party to the contract's personal details and, where necessary, pass these on to third parties for this purpose. All personal data is treated in confidence.
9. Concluding Provisions
If individual provisions of the contract between Vintage Bicycle Store and the party to the contract including these general terms and conditions of business are or become in part or in full invalid, this will not affect the validity of the remaining provisions. The invalid provisions will be replaced by a provision the content of which most closely approximates the purpose of the provision replaced. The applicability of statutory law which is not excluded or supplemented by these general terms and conditions of business is not affected.
Vintage Bicycle Store (Freiburg, 06/2015)