Terms and Conditions

Table of contents

1. Scope of application
2. Conclusion of the contract
3. Right of withdrawal
4. Prices and payment terms
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Liability
9. Special conditions for assembly/installation services
10. Redemption of promotional vouchers
11. Applicable law
12. Place of jurisdiction
13. Alternative dispute resolution

1) Scope of application

1.1 These General Terms and Conditions (hereinafter “GTC”) of RAAAD.de Bikeshop GmbH (hereinafter “seller”) shall apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “customer”) concludes with the seller regarding the goods displayed by the seller in its online shop. The inclusion of the customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 For the purposes of these GTC, a consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their self-employed professional activity.

1.3 For the purposes of these GTC, an entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

2) Conclusion of the contract

2.1 The product descriptions contained in the seller's online shop do not constitute binding offers by the seller, but serve as the basis for the customer to submit a binding offer.

2.2 The customer may submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer for the goods contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 The seller may accept the customer's offer within five days

• by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the customer shall be decisive, or
• by delivering the ordered goods to the customer, whereby receipt of the goods by the customer shall be decisive, or
• by requesting payment from the customer after the customer has placed their order.

If several of the aforementioned alternatives apply, the contract shall be concluded at the point in time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day following the dispatch of the offer by the customer and ends upon expiry of the fifth day following dispatch of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.

2.4 When selecting a payment method offered by PayPal, payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or - if the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.

2.5 When ordering via the seller's online order form, the seller stores the contract text after the contract has been concluded and transmits it to the customer in text form (e.g. email, fax or letter) after the customer's order has been sent. The seller does not make the contract text accessible in any other way. If the customer has set up a user account in the seller's online shop before sending their order, the order data are archived on the seller's website and can be accessed free of charge by the customer via their password-protected user account by entering the corresponding login details.

2.6 Before submitting the order with binding effect via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better identifying input errors may be the browser's zoom function, which enlarges the display on the screen. The customer may correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.7 The German language is available for the conclusion of the contract.

2.8 Order processing is generally carried out automatically by email. The customer must ensure that the email address provided for order processing is correct, so that emails sent by the seller can be received at this address.

3) Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of revocation can be found in the seller's revocation instructions.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the seller's product description, the prices stated are total prices that include statutory VAT. Any additional delivery and shipping costs incurred are specified separately in the respective product description.

4.2 The available payment method(s) will be communicated to the customer in the seller's online shop.

4.3 If payment in advance by bank transfer has been agreed, payment shall be due immediately upon conclusion of the contract, unless the parties have agreed a later due date.

4.4 When selecting a payment method offered through the "PayPal" payment service, payment processing is carried out via PayPal, whereby PayPal may also make use of the services of third-party payment service providers for this purpose. If the seller also offers payment methods through PayPal in which the seller makes advance payment to the customer (e.g. purchase on account or payment by instalments), the seller assigns its payment claim in this respect to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal shall carry out a credit check using the customer data transmitted. The seller reserves the right to refuse the customer the selected payment method in the event of a negative result of the check. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, the customer may only make payment to PayPal or to the payment service provider commissioned by PayPal with discharging effect. However, even in the event of the assignment of the claim, the seller remains responsible for general customer enquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, declarations and submissions of revocation, or credits.

4.5 When the payment method "Sofortüberweisung" is selected, payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter "Klarna"). In order to pay the invoice amount via "Sofortüberweisung", the customer must have an online banking account enabled for participation in "Sofortüberweisung", authenticate themselves accordingly during the payment process and confirm the payment instruction. The payment transaction is then carried out immediately by Klarna and the customer's bank account is debited. The customer can find further information on the "Sofortüberweisung" payment method online at https://www.klarna.com/immediately/ retrieve.

4.6 When a payment method offered via the “Shopify Payments” payment service is selected, payment processing is carried out by Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (“Shopify”). The individual payment methods offered via Shopify Payments are communicated to the customer in the seller’s online shop. Shopify may use additional payment services to process payments, for which special payment terms may apply and of which the customer may be informed separately. Further information about “Shopify Payments” is available online at https://www.shopify.com/legal/terms-payments/de available.

4.7 When a payment method offered via the “Apple Pay” payment service is selected, payment processing is carried out by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland (“Apple”). The individual payment methods offered via Apple Pay are communicated to the customer in the seller’s online shop. Apple may use additional payment services to process payments, for which special payment terms may apply and of which the customer may be informed separately. Further information about Apple Pay is available online at https://www.apple.com/de/apple-pay/ available.

4.8 When a payment method offered via the “Google Pay” payment service is selected, payment processing is carried out by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (“Google”). The individual payment methods offered via Google Pay are communicated to the customer in the seller’s online shop. Google may use additional payment services to process payments, for which special payment terms may apply and of which the customer may be informed separately. Further information about Google Pay is available online at https://pay.google.com/intl/de_de/about/ available.

4.9 When a payment method offered via the “Stripe” payment service is selected, payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The individual payment methods offered via Stripe are communicated to the customer in the seller’s online shop. Stripe may use additional payment services to process payments, for which special payment terms may apply and of which the customer may be informed separately. Further information about Stripe is available online at https://stripe.com/de available.

4.10 When the payment method credit card via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. Payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: “Stripe”). Stripe reserves the right to conduct a credit check and to reject this payment method in the event of a negative credit assessment.

5) Delivery and Shipping Terms

5.1 If the seller offers shipment of the goods, delivery shall be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified during the seller's order process shall be decisive.

5.2 For goods delivered by a forwarding agent, delivery shall be made "free to the curb", i.e. to the public curb closest to the delivery address, unless the seller's shipping information in the online shop states otherwise and unless otherwise agreed.

5.3 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. With regard to the costs of dispatch to the customer, this shall not apply if the customer effectively exercises their right of withdrawal. In the event that the customer effectively exercises their right of withdrawal, the provision in the seller's withdrawal instructions concerning the costs of returning the goods shall apply.

5.4 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall generally pass to the customer only upon delivery of the goods to the customer or a person authorized to receive them. By way of derogation, in the case of consumers the risk of accidental loss and accidental deterioration of the sold goods shall also pass to the customer as soon as the seller has delivered the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment if the customer has commissioned the forwarding agent, carrier or other person or institution designated to carry out the shipment to perform the delivery and the seller has not previously informed the customer of that person or institution.

5.5 If the customer acts as a consumer domiciled in Germany or as an entrepreneur, the seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. However, this shall apply only if the failure to deliver is not attributable to the seller and the seller has concluded a specific covering transaction with the supplier with due diligence. The seller shall make all reasonable efforts to procure the goods. In the event that the goods are unavailable or only partially available, the customer shall be informed without undue delay and the consideration shall be refunded without undue delay.

5.6 If the Seller offers the goods for collection, the Customer may collect the ordered goods during the business hours specified by the Seller at the address specified by the Seller. In this case, no shipping costs shall be charged.

6) Retention of title

If the Seller makes advance performance, they shall retain title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

Unless otherwise provided for in the following provisions, the statutory provisions on liability for defects shall apply. By way of derogation, the following shall apply to contracts for the supply of goods:

7.1 If the Customer acts as an entrepreneur,

• the Seller shall have the right to choose the type of subsequent performance;
• in the case of new goods, the limitation period for claims for defects shall be one year from delivery of the goods;
• in the case of used goods, claims for defects shall be excluded;
• the limitation period shall not recommence if replacement delivery is made within the scope of liability for defects.

7.2 The above limitations of liability and reductions of time limits shall not apply

• for the Customer's claims for damages and reimbursement of expenses,
• in the event that the Seller fraudulently concealed the defect,
• for goods that have been used for a building in accordance with their customary manner of use and have caused the building to be defective,
• for any obligation of the Seller to provide updates for digital products that may exist, in contracts for the supply of goods with digital elements.

7.3 In addition, for entrepreneurs, the statutory limitation periods for any statutory right of recourse that may exist shall remain unaffected.

7.4 If the Customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), they shall be subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

7.5 If the Customer acts as a consumer, they are requested to complain to the carrier about goods delivered with obvious transport damage and to inform the Seller thereof. If the Customer fails to do so, this shall have no effect whatsoever on their statutory or contractual claims for defects.

8) Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:

8.1 The Seller shall be liable without limitation on any legal basis.

• in the event of intent or gross negligence,
• in the event of intentional or negligent injury to life, body or health,
• on the basis of a guarantee promise, unless otherwise regulated in this respect,
• due to mandatory liability, such as under the Product Liability Act.

8.2 If the customer acts as a consumer domiciled in Germany or as an entrepreneur, the following limitations of liability shall apply:

If the seller negligently breaches a material contractual obligation, its liability shall be limited to the foreseeable damage typical for the contract, unless it has unlimited liability pursuant to the preceding clause. Material contractual obligations are obligations that the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and compliance with which the customer may regularly rely on. Otherwise, the seller's liability shall be excluded unless it has unlimited liability pursuant to the preceding clause.

8.3 The foregoing liability provisions shall also apply with regard to the seller's liability for its vicarious agents and legal representatives.

9) Special Conditions for Assembly/Installation Services

If, according to the content of the contract, the seller owes not only delivery of the goods but also assembly or installation of the goods at the customer's premises and, where applicable, corresponding preparatory measures (e.g. measurement), the following shall apply:

9.1 The seller shall provide its services, at its discretion, personally or through qualified personnel selected by it. In doing so, the seller may also engage the services of third parties (subcontractors) acting on its behalf. Unless otherwise stated in the seller's service description, the customer shall have no right to select a particular person to perform the requested service.

9.2 The customer shall provide the seller with all information required for the provision of the service owed, completely and truthfully, unless, according to the content of the contract, obtaining such information falls within the seller's sphere of responsibility.

9.3 After conclusion of the contract with the customer, the seller will contact the customer to arrange an appointment for the performance owed. The customer shall ensure that the seller or the personnel commissioned by the seller has access to the customer's relevant facilities at the agreed appointment.

9.4 The risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer only upon completion of the assembly work and handover to the customer.

10) Redemption of Promotional Vouchers

10.1 Vouchers issued free of charge by the seller as part of promotional campaigns for a specific period of validity and which cannot be purchased by the customer (hereinafter "Promotional Vouchers") can only be redeemed in the seller's online shop and only during the specified period.

10.2 Individual products may be excluded from the voucher promotion if such a restriction follows from the content of the promotional voucher.

10.3 Promotional vouchers may only be redeemed before completion of the ordering process. Subsequent offsetting is not possible.

10.4 Only one promotional voucher may be redeemed per order.

10.5 If the promotional voucher relates to a specific value rather than a percentage discount, the value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the Seller.

10.6 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be selected to settle the difference.

10.7 The balance of a promotional voucher will neither be paid out in cash nor bear interest.

10.8 The promotional voucher will not be refunded if the Customer returns goods paid for wholly or partly with the promotional voucher under their statutory right of withdrawal.

10.9 The promotional voucher is transferable. The Seller may discharge its obligation by performing to the respective holder who redeems the promotional voucher in the Seller's online shop. This shall not apply if the Seller has knowledge or grossly negligent lack of knowledge of the holder's lack of entitlement, legal incapacity or lack of authority to represent.

11) Applicable law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws on the international sale of movable goods. In the case of consumers, this choice of law shall apply only insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn.

12) Place of jurisdiction

If the Customer acts as a merchant, a legal entity under public law or a special fund under public law domiciled within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller's registered office. If the Customer is domiciled outside the territory of the Federal Republic of Germany, the Seller's registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer's professional or commercial activities. In the above cases, however, the Seller shall in any event be entitled to bring proceedings before the court at the Customer's registered office.

13) Alternative dispute resolution

The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.