General Terms And Conditions
TERMS OF SERVICE
§ 1 scope, customer information
The following general terms and conditions regulate the contractual relationship between Mike Breitenborn (Bike-Mike-Store) and the consumers and entrepreneurs who buy goods through our shop. We do not recognize any conditions that conflict with or differ from our terms and conditions. The contract language is English.
§ 2 conclusion of contract
(1) The offers on the Internet represent a binding offer to you to buy goods.
(2) You can add one or more products to the shopping cart. In the course of the ordering process, you enter your data and requests regarding payment method, delivery modalities, etc. Only by clicking the order button do you accept the offer to conclude a purchase contract. You can also conclude the purchase contract by phone or fax.
§ 3 Customer information: storage of the contract text
We will save your order with details of the contract concluded (e.g. type of product, price, etc.). We will send you the terms and conditions, but you can also call up the terms and conditions at any time on our website after the contract has been concluded. As a registered customer, you can access your past orders via the customer login area ("My Account" / "Orders" (after successfully logging into the shop)).
§ 4 Customer information: correction notice
You can correct your entries at any time before placing the order with the delete key. We will inform you on the way through the ordering process about further correction options. You can also end the ordering process at any time by closing the browser window.
§ 5 retention of title
The purchase remains our property until full payment.
§ 6 Statutory warranty rights and limitation
(1) Statutory warranty rights
There are statutory rights of liability for defects in our goods.
(2) Limitation of liability for defects (guarantee) towards consumers for used goods
There are two deadlines for your claims for defects, both of which run from the delivery of the used goods to you.
We shorten the liability period for defects from two years to one year.
Defects that occur within this liability period can, however, be claimed up to the expiry of the statutory limitation period of two years.
The shortening of the liability period excludes claims for damages, claims for defects that we have maliciously concealed, and claims from a guarantee that we may have assumed for the condition of the item. The statutory deadlines apply to these excluded claims. If there is a guarantee period, the longer period applies in favor of the guarantee holder.
(3) Limitation of liability for defects (warranty) vis-à-vis entrepreneurs
Your warranty claims due to defects in the purchased item expire one year from the transfer of risk. The following claims are excluded from this regulation
- for damages
- because of maliciously concealed defects
- from a possibly given guarantee
- recourse according to §§ 445a, 478 BGB
- due to defects in building materials and components that have been used for a building in accordance with their normal use and have caused its deficiency.
For these excluded claims, the statutory limitation periods apply. In the event of a possible warranty period, the longer period applies in favor of the buyer.
§ 7 limitation of liability
We exclude liability for slightly negligent breaches of duty, provided these do not relate to essential contractual obligations, damage to life, limb or health, guarantees or claims under the Product Liability Act (ProdHaftG). The same applies to breaches of duty by our vicarious agents and our legal representatives. The essential contractual obligations include, in particular, the obligation to hand over the item to you and to give you ownership of it. Furthermore, we have to provide you with the item free of material and legal defects.
§ 8 Commercial jurisdiction
The exclusive place of jurisdiction for all disputes arising from this contract is our place of business if you are a businessman.