Payment and shipment

The following conditions apply:

Shipping conditions

Delivery is only possible within Europe.

Delivery dates and delays in delivery

(1) The delivery date will be agreed on an individual basis or specified by us upon acceptance of the order.

(2) We will notify the purchaser if we are unable to fulfil binding delivery dates for reasons beyond our control (unavailability of the service) and will also provide the revised delivery date. If the service is not available by the revised delivery date, we reserve the right to withdraw from the contract in whole or in part; we will immediately reimburse any payments already made by the purchaser. In the event of the non-availability of the service in this sense, which shall apply in particular to the failure of our supplier to deliver in a timely manner if we have concluded a congruent hedging transaction with such supplier, neither we nor our supplier shall be considered at fault or will be under any obligation to procure the goods in the specific case.

(3) The fact of our delay in delivery will be determined in accordance with the respective statutory provisions. In any case, this shall require a reminder from the purchaser.

(4) The following applies to commercial enterprises: if we are liable for late deliveries, the purchaser may demand a flat rate of compensation for any damages arising from such delay. The flat-rate compensation shall amount to 0.5% of the net price (delivery value) for each full calendar week of delay but shall not exceed 5% of the delivery value of the goods subject to the late delivery. We reserve the right to prove that the purchaser has suffered no damage at all or only significantly less damage than the above flat rate.

(5) The rights of the purchaser pursuant to § 10 of these General Terms and Conditions and our statutory rights remain unaffected, especially in the event of an exclusion of the obligation to perform (e.g. due to the impossibility or unreasonableness of performance and/or subsequent fulfilment).

Delivery, transfer of risk, acceptance, default of acceptance

(1) The following applies to consumers:

(a) Unless otherwise agreed, delivery will be carried out directly to a retailer selected by the consumer who is located within a 30 km radius of the consumer's place of residence. The goods will be delivered in a bicycle box; our retailer will assemble the pedals and, in consultation with the consumer, the saddle and handlebars. The goods will then be subject to a functional check by the retailer and then handed over to the consumer in a roadworthy condition.

(b) If none of our retailers are located within a 30 km radius of the consumer's place of residence, we will deliver the goods directly to the consumer unless otherwise agreed. The goods will be delivered in a bicycle box; the consumer must then prepare the goods for use in accordance with the instructions.

2) The following applies to commercial enterprises:

(a) Delivery will be carried out, unless otherwise agreed in individual cases, EXW (Ex Works, Incoterms 2020) to Zur Steinkuhle 2, 48341 Altenberge, Germany, which is also the place of performance for delivery and any subsequent performance. The goods will be shipped to another destination (online purchase) at the request and cost of the purchaser. Unless otherwise agreed, we reserve the right to determine the type of shipment (i.e. transport company, shipping route, packaging).

(b) The risk of accidental loss and accidental deterioration of the goods shall pass to the purchaser no later than upon the handover of such goods. However, in the case of an online purchase, the risk of accidental loss, accidental deterioration of the goods and the risk of delay shall pass to the purchaser upon delivery of the goods to the forwarding agent, carrier, individual or institution otherwise designated to ship the goods. If acceptance has been agreed, it shall be decisive for the transfer of risk. In all other respects, the statutory provisions of the law governing contracts for work and services shall apply accordingly to an agreed acceptance. This shall be considered equivalent to handover or acceptance if the purchaser is in default of acceptance.

(c) We reserve the right to demand compensation for any damage, including additional expenses (e.g. storage costs) if the purchaser defaults on acceptance, fails to cooperate or if our delivery is delayed for other reasons for which the purchaser is liable. In this case, we will charge flat-rate compensation of 0.5% of the delivery value per calendar week, but not exceeding 5% of the total delivery value, from the delivery date or, in the absence of a delivery date, from the date of the notification that the goods are ready to ship.

The proof that greater damage was incurred and our legal claims (notably the refund of additional expenses, reasonable compensation, termination, etc.) remain unaffected; however, the flat rate must be offset against any further monetary claims. The purchaser is entitled to provide evidence that we suffered no damage at all or that the level of damage was significantly lower than the lump sum stated above.

(d) We may exercise our legal rights in the event of non-acceptance. Should we demand compensation, this shall amount to 15% of the purchase price. The compensation will be higher or lower if we prove that the damage incurred was greater or if the purchaser can prove that a lower level of damage was incurred.

Prices and shipping costs

(1) All the prices stated in our online shop are gross, including statutory sales tax, and exclude shipping costs.

(2) The shipping costs are indicated in our price information in our online shop. The price, including VAT if applicable, and any shipping costs (see § 1 (5) in particular), will also be indicated in the order form before you submit the order.

(3) The following applies to consumers: if you effectively revoke your contractual declaration as a consumer in accordance with § 3, under the statutory conditions you may demand reimbursement of costs already paid for delivery to you (shipping costs) (see § 3 para 3 for other consequences of withdrawal).

(4) For contracts with an agreed delivery time of more than 4 months, we reserve the right to increase prices commensurate with any cost changes occurring after this time, particularly those arising from collective agreements or changes to material prices applied by our suppliers. Similarly, and to the same extent, we will be obliged to immediately reduce the price in the event of any cost reductions. Cost increases and cost reductions will be offset.

Payment terms

(1) The purchase price and shipping costs must be paid no later than within two (2) weeks of receipt of our invoice. The invoice will be sent exclusively to the email address provided by you when placing the order; your consent is hereby deemed to have been granted.

(2) The following payment methods are generally accepted in our shop:

Advance payment, SEPA direct debit, financing via Klarna, PayPal, credit card via PayPal, PayPal direct debit. We reserve the right to only deliver orders from customers whose residence or place of business is outside Germany or if reasonable indications of a risk of non-payment exist, once we have received the purchase price plus shipping costs (reservation of advance payment). We will notify you immediately should we exercise the reservation of advance payment. In this case, the delivery period shall commence upon payment of the purchase price and shipping costs.

(3) The purchaser shall be deemed to be in default upon expiry of the above payment deadline. The purchase price shall be subject to interest at the applicable statutory default interest rate during the period of default. We reserve the right to claim further damages for default.

The following applies to commercial enterprises: our claim to commercial maturity interest with respect to traders (§ 353 HGB (German Commercial Code)) remains unaffected.

(4) The purchaser may only exercise set-off or retention rights insofar as their claim has been established in law or is undisputed. In the event of defects in the delivery, any counterclaims of the purchaser, notably in accordance with § 10, para 7, sentence 2 of these General Terms and Conditions, shall remain unaffected.

(5) Should it transpire that, after conclusion of the contract (e.g. through an application for the opening of insolvency proceedings) our claim to the purchase price is jeopardised by the purchaser's inability to pay, we reserve the right to refuse performance and, if necessary, after setting a deadline, to withdraw from the contract in accordance with the statutory provisions (§ 321 BGB (German Civil Code)). We may declare withdrawal immediately in the case of contracts for the manufacture of non-fungible items (e.g. custom-made items), and the statutory provisions regarding the dispensability of setting a deadline shall remain unaffected.

Our bank details:

Kreissparkasse Steinfurt
IBAN: DE97 4035 1060 0001 0135 07
SWIFT-BIC: WELADED1STF
Please state the order number and your name when making a payment.

Should you have any questions, please contact us at onlineberatung@velo-de-ville.com or by telephone at 02505 93050.