§ 1 Basic conditions
(1) The following terms and conditions apply to contracts that you conclude with us as a supplier (AT Zweirad GmbH) via the internet site bestellung.velo-de-ville.de/ or bestellung.velo-de-ville.com/. Unless otherwise agreed, the inclusion of any terms and conditions of your own that you may have used is contradicted.
(2) A consumer in the sense of the following regulations is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to his or her commercial or independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Definition of the contract
(1) The subject of the contract is the sale of goods.
(2) As soon as you place the respective product on our website, we will submit a binding offer to conclude a contract under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart or checkout system as follows:
The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After calling up the "Checkout" page and entering your personal data as well as the payment and shipping conditions, all order data is finally displayed again on the order overview page.
If you are using an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Sofort) as your payment method, you will either be taken to the order overview page in our online shop or you will first be redirected to the website of the provider of the instant payment system.
If you are redirected to the respective payment-system, please make the appropriate selection or enter your data there. Finally, you will be redirected back to our online shop to the order overview page.
Before submitting your order, you have the opportunity to check and change all details again (also using the "back" function of your Internet browser) or to cancel the purchase.
By submitting the order via the button "place order" you declare the acceptance of the offer in a legally binding manner, whereby the contract is concluded.
(4) Your requests for the preparation of an offer are not binding for you. We will submit a binding offer in text form (e.g. by e-mail), which you can accept within 24 hours.
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have deposited with us is correct, that the receipt of e-mails is technically ensured and in particular that it is not prevented by SPAM filters.
§ 3 Exclusion of the right of withdrawal
(1) The AT Zweirad GmbH only sells individually configured pedelecs and bicycles that are exclusively produced on customer request. The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. This applies to our customized production of bicycles and pedelecs / E-Bikes.
(2) In the event that a bicycle can be proven not to fit, the AT Zweirad GmbH will take over the possible rectification of defects and new delivery. We do not accept any liability in the event of demonstrably incorrect transmission of the body height and stride length.
§ 4 Individually designed goods
(1) You shall provide us with the suitable information, texts or files required for the individual design of the goods via the online ordering system or by e-mail at the latest immediately after conclusion of the contract. Our possible specifications regarding file formats must be respected.
(2) You undertake not to transmit any data whose contents infringe the rights of third parties (in particular copyrights, rights to a name, trademark rights) or violate existing laws. You shall expressly indemnify us against all third-party claims asserted in this connection. This also applies to the costs of legal representation required in this connection.
(3) We do not check the transmitted data for correctness of content and therefore do not assume any liability for errors.
(4) AT Zweirad GmbH reserves the right to make technical changes for the purpose of improving the function. Deviations in quality, colour, design and in the specification of the wheels of equal value that are customary in the trade cannot be claimed.
§ 5 Right of retention, reservation of ownership
(1) You may only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 6 Warranty
(1) The warranty for material defects or defects of title of delivered goods shall be governed - subject to the provision in § 8 - by the applicable statutory provisions, in particular §§ 434 ff. BGB.
(2) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this, this has no effect on your statutory warranty claims.
§ 7 Liability
(1) We shall be liable to the customer in accordance with the statutory provisions for damages and reimbursement of expenses in the event of culpable injury to life, body and health, as well as in the event of intent and gross negligence, fraudulent concealment of a defect or a guarantee assumed by us, and in accordance with the Product Liability Act.
(2) We shall also be liable in the event of a slightly negligent breach of an essential contractual obligation. Essential contractual obligations are those whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the customer regularly relies and may rely. In these cases, however, our liability is limited to compensation for foreseeable damage typical of the contract.
(3) Otherwise, liability for damages and reimbursement of expenses - regardless of the legal grounds - is excluded.
(4) The above provisions shall also apply in favour of our legal representatives and
vicarious agents, if claims are asserted directly against them.
§ 8 Choice of applicable law, place of performance, place of jurisdiction
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (principle of favourability).
(2) The place of fulfilment for all services arising from the business relations existing with us as well as the place of jurisdiction shall be our registered office if you are not a consumer but a merchant, legal entity under public law or special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or usual abode is unknown at the time the action is filed. The right to also call upon the court at another legal place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly not applicable.
1. identity of the seller
AT Zweirad GmbH
Zur Steinkuhle 2
Alternative dispute resolution:
The European Commission provides a platform for the extrajudicial online settlement of disputes (OS Platform), available at https://ec.europa.eu/odr.
2. information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with the regulations "Conclusion of the contract" of our General Terms and Conditions (Part I.).
3. contract language, contract text storage
(1) Contract language is German.
(2) The complete text of the contract is not stored by us. Before sending the order via the online shopping cart system, the contract data can be printed or electronically saved using the print function of the browser. After receipt of the order by us, the order data, the information required by law for distance selling contracts and the General Terms and Conditions of Business will be sent to you again by e-mail.
(3) In the case of requests for quotations outside of the online shopping cart system, you will receive all contract data in text form, e.g. by e-mail, which you can print out or save electronically, as part of a binding offer.
4. essential characteristics of the goods or service
The essential characteristics of the goods and/or services are to be found in the respective offer.
5. prices and terms of payment
(1) The prices quoted in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
(2) The shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly marked button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you in addition, unless free delivery has been promised.
(3) The payment methods available to you are shown under a correspondingly marked button on our website or in the respective offer.
(4) Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
6. terms of delivery
(1) The terms of delivery, the delivery date as well as any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer or order confirmation, as a separate scheduling of the delivery is necessary due to individual production.
(2) If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment is only transferred to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or any other person designated to carry out the shipment.
(3) If the goods are not available at the time of the order, we will inform the customer immediately. If the product is permanently unavailable, we do not accept the customer's offer of a contract, so that a contract does not come about. If the product is only temporarily unavailable, we will also inform the customer of this immediately.
(4) AT Zweirad GmbH will inform the customer immediately if there are any delays in the production process. Our stated delivery times will be adhered to as far as possible but are not binding. If they are exceeded by more than three full months, the customer can declare withdrawal in the event that delivery has not been made within a period of grace of at least one full month. Further claims for exceeding the delivery period are excluded, unless they are based on intent or gross negligence.
last update: 06.04.2020