Terms of service

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter “GTC”) of RAAAD.de Bikeshop GmbH (hereinafter “Seller”) apply to all contracts for the delivery of goods concluded between the Seller and a consumer or entrepreneur (hereinafter “Customer”) regarding the goods presented 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 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their commercial or self-employed professional activity.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller, but serve to enable 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 regarding the goods contained in the shopping cart by clicking the button that completes the order 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 confirmation by the Customer is decisive; or
• By delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive; or
• By requesting payment from the Customer after the order has been placed.

If several of the above alternatives apply, the contract is concluded at the time when one of the above alternatives occurs first. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer’s offer within this 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 If a payment method offered by PayPal is selected, payment processing will be carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), subject to the PayPal User Agreement available at: https://www.paypal.com/de/legalhub/paypal/useragreement-full, or if the Customer does not have a PayPal account, subject to the terms for payments without a PayPal account available at: https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer selects a payment method offered by PayPal during the online ordering process, the Seller hereby declares acceptance of the Customer’s offer at the moment the Customer clicks the button completing the order process.

2.5 When ordering via the Seller’s online order form, the contract text is stored by the Seller after conclusion of the contract and sent to the Customer in text form (e.g., email, fax, or letter). The Seller does not make the contract text accessible beyond this. If the Customer has created a user account before placing the order, the order data will be archived on the Seller’s website and can be accessed free of charge by the Customer via their password-protected user account using the corresponding login credentials.

2.6 Before submitting a binding order 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 for better detecting input errors may be the browser’s zoom function, which enlarges the display on the screen. During the electronic ordering process, the Customer can correct their entries using the usual keyboard and mouse functions until clicking the button completing the order process.

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

2.8 Order processing and contact generally take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received. In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or third parties commissioned by the Seller for order processing can be delivered.

3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller’s cancellation policy.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices including statutory VAT. Any additional delivery and shipping costs will be stated 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 advance payment by bank transfer has been agreed, payment is due immediately upon conclusion of the contract unless the parties have agreed on a later due date.

4.4 If a payment method offered through the payment service “PayPal” is selected, payment processing takes place via PayPal, whereby PayPal may also use the services of third-party payment providers. If the Seller also offers payment methods via PayPal in which the Seller provides advance performance to the Customer (e.g., purchase on invoice or installment payment), the Seller assigns its payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the assignment declaration, PayPal or the commissioned payment service provider carries out a credit check using the transmitted customer data. The Seller reserves the right to refuse the selected payment method to the Customer in the event of a negative credit check result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or at the agreed intervals. In this case, payment can only be made to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the event of assignment of claims, the Seller remains responsible for general customer inquiries regarding goods, delivery time, shipping, returns, complaints, withdrawal declarations and returns, or credit notes.

4.5 If the payment method “Sofortüberweisung” is selected, payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (“Klarna”). In order to pay via “Sofortüberweisung,” the Customer must have an online banking account activated for participation in “Sofortüberweisung,” identify themselves accordingly during the payment process, and confirm the payment instruction. The payment transaction is then immediately carried out by Klarna and the Customer’s bank account is debited. Further information about “Sofortüberweisung” can be found at: https://www.klarna.com/sofort/

4.6 If a payment method offered through the payment service “Shopify Payments” is selected, payment processing is carried out by Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (“Stripe”). The individual payment methods offered through Shopify Payments 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 about which the Customer may be informed separately. Further information about “Shopify Payments” can be found at: https://www.shopify.com/legal/terms-payments-de

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipping of the goods, delivery shall take place within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified during the Seller’s order processing shall be decisive.

5.2 If delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to shipping costs if the Customer effectively exercises their right of withdrawal. In the event of an effective exercise of the right of withdrawal by the Customer, the provisions set out in the Seller’s cancellation policy regarding return shipping costs shall apply.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has handed over the goods to the freight forwarder, 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 generally passes only upon delivery of the goods to the Customer or an authorized recipient. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration also passes to the Customer in the case of consumers as soon as the Seller has handed over the goods to the freight forwarder, carrier, or other person or institution designated to carry out the shipment, if the Customer has commissioned the freight forwarder, carrier, or other person or institution to carry out the shipment and the Seller has not previously named this person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the non-delivery is not the Seller’s responsibility and the Seller has concluded a specific covering transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded without delay.

5.5 If the Seller offers collection of the goods, the Customer may collect the ordered goods within the Seller’s specified business hours at the address specified by the Seller. In this case, no shipping costs will be charged.

6) Retention of Title

If the Seller provides advance performance, the Seller retains ownership of the delivered goods until full payment of the purchase price owed has been made.

7) Liability for Defects (Warranty)

Unless otherwise stated in the following provisions, the statutory provisions regarding liability for defects shall apply. Deviating from this, the following applies to contracts for the delivery of goods:

7.1 If the Customer acts as an entrepreneur,

• The Seller has the choice of the type of subsequent performance;
• The limitation period for defect claims for new goods is one year from delivery of the goods;
• Defect claims for used goods are excluded;
• The limitation period does not begin anew if a replacement delivery is made within the scope of liability for defects.

7.2 The above limitations of liability and shortening of limitation periods do not apply:

• To claims for damages and reimbursement of expenses by the Customer,
• If the Seller has fraudulently concealed the defect,
• For goods used for a building in accordance with their usual purpose and which caused the defectiveness of the building,
• For any obligation of the Seller to provide updates for digital products in contracts for goods with digital elements.

7.3 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claims remain unaffected.

7.4 If the Customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), the commercial duty to inspect and give notice of defects pursuant to § 377 HGB applies. 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 delivered goods with obvious transport damage and to inform the Seller accordingly. Failure to do so has no effect whatsoever on the Customer’s 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 for any legal reason:

• In cases of intent or gross negligence,
• In cases of intentional or negligent injury to life, body, or health;
• Based on a guarantee promise, unless otherwise regulated,
• Due to mandatory liability such as under the German Product Liability Act.

8.2 If the Seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless unlimited liability applies in accordance with the above clause. Material contractual obligations are obligations which the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the Customer may regularly rely.

8.3 Otherwise, liability of the Seller is excluded.

8.4 The above liability provisions also apply with regard to the liability of the Seller 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, including any corresponding preparatory measures (e.g., measurements), the following shall apply:

9.1 The Seller shall provide its services either personally or through qualified personnel selected by the Seller. The Seller may also use the services of third parties (subcontractors) acting on its behalf. Unless otherwise stated in the Seller’s service description, the Customer has no right to select a specific person to perform the requested service.

9.2 The Customer must provide the Seller with all information required for the provision of the owed service completely and truthfully, insofar as procurement of this information is not part of the Seller’s obligations according to the content of the contract.

9.3 After conclusion of the contract, the Seller will contact the Customer to arrange an appointment for the owed service. The Customer must ensure that the Seller or the personnel commissioned by the Seller has access to the relevant facilities at the agreed time.

9.4 The risk of accidental loss and accidental deterioration of the sold goods passes 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 with a specific validity period and which cannot be purchased by the Customer (“Promotional Vouchers”) can only be redeemed in the Seller’s online shop and only during the specified period.

10.2 Certain products may be excluded from the voucher promotion if such restriction results from the content of the Promotional Voucher.

10.3 Promotional Vouchers can only be redeemed before completion of the order process. Subsequent offsetting is not possible.

10.4 Only one Promotional Voucher can be redeemed per order.

10.5 If the Promotional Voucher relates to a specific value and not to 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 pay the difference.

10.7 The balance of a Promotional Voucher will neither be paid out in cash nor accrue interest.

10.8 The Promotional Voucher will not be refunded if the Customer returns the goods paid for wholly or partly with the Promotional Voucher within the scope of their statutory right of withdrawal.

10.9 The Promotional Voucher is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the Promotional Voucher in the Seller’s online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the respective holder’s lack of authorization, legal incapacity, or lack of authority to represent.

11) Applicable Law

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

12) Place of Jurisdiction

If the Customer acts as a merchant, legal entity under public law, or special fund under public law with registered office in 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 place of business. If the Customer is based outside the territory of the Federal Republic of Germany, the Seller’s place of business 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 activity. In the above cases, however, the Seller is in any event 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 dispute resolution proceedings before a consumer arbitration board.