Falkenjagd und Rennstahl Fahrradmanufaktur Kirschner GbR: General Conditions of Sale
- § 1 Scope of application
- These conditions of sale constitute the exclusively valid contractual terms between the Customer and us, Falkenjagd und Rennstahl Fahrradmanufaktur Kirschner GbR, Egerländerstrasse 7, D-85737 Ismaning, insofar as these are not amended by written agreement between the parties. We are the contractual partner. By visiting our website, the Customer accepts these contractual terms in the version applicable at the relevant time as having sole validity.
- Any changes to these terms will be conveyed to the Customer in the form of a physical letter, fax or email. If the Customer does not challenge such changes within four weeks of receiving this communication, the changes count as being accepted by the Customer. The right to challenge and the legal consequences of not responding will be made clear to the Customer separately.
- Our offer is made to consumers and entrepreneurs as defined by the BGB (German Code of Civil Law). Here, in accordance with § 14 BGB, an entrepreneur is any natural or legal person or a partnership with legal personality who or which, when entering into legal transaction, acts in exercise of his, her or its trade, business or profession.
- § 2 Configurator
- No customer-specific data is saved when the configurator is used.
- In order for a customer to have a binding offer sent to him/her, he/she sends us, by electronic means, the form that is available on our website. The customer must ensure that the information necessary for this is given fully and correctly. We reserve the right to see proof of identity of the customer.
- § 3 Prices and payment terms
- The prices given by us are final prices inclusive of all taxes, but exclusive of delivery costs. The prices shown in the configurator are the applicable prices, except in the case of errors in data entry or software output, and can be changed at any time.
- We retain the right to raise prices by an amount that is reasonable or equivalent to cost increases that have impacted upon us due to collective wage settlements or increased cost of materials. If the customer does not agree to the price increase, both parties have the right to cancel the contract.
- Payment is made in advance, to our specified account.
- § 4 Order fulfilment
- The goods will be delivered in accordance with the specifications, dimensions, weight (± 10%), colours, and minimum order quantities as shown on our website. Information on our website does not constitute a guarantee of any sort whatsoever.
- Verbal amendments are not binding.
- We have the right, to a reasonable extent, to partially complete the delivery.
- § 5 Contractual offer and acceptance
- The presentation of goods on our website does not constitute a legally-binding contractual offer, but is subject to change and is thus not binding. This presentation simply constitutes an invitation to the customer to make a binding offer. The customer makes this offer when he/she sends us an order.
- The customer selects the goods and can review this selection before confirming the order and can, with the help of the amendment and deletion functions, amend or delete this selection.
- A contract regarding the goods specified and ordered by the customer only comes into being when we accept the order. In general we accept the order when payment is received. The acceptance can, however, also consist of the sending of a statement of acceptance by email. If we do not accept the offer, we will inform the customer of this as quickly as possible.
- § 6 Delivery conditions
We deliver the goods in accordance with what has been agreed with the customer. Applicable delivery costs are shown the website order form, and listed separately on the invoice. It should be noted that international orders can incur increased delivery costs, customs duties, fees, etc. Delivery dates and order completion timeframes are only binding when they have been confirmed by us in writing.
- § 7 Right of withdrawal
If the Customer is a consumer, the contract can without giving a reason be cancelled within two weeks, either in writing (e.g. letter, fax or email) or by returning the goods. This time period begins when the goods and this information are received. Cancellation within this time period is achieved by the timely sending of the cancellation statement or the goods. The statement of cancellation or the returned goods should be sent to: Falkenjagd und Rennstahl Fahrradmanufaktur Kirschner GbR, Egerländerstrasse 7, D-85737 Ismaning, Germany.
The consequences of a valid cancellation are that for both parties, performance received is returned and any benefits taken (e.g. interest) are transferred. If the Customer cannot return the goods in their entirety or at all, or can only return them in a deteriorated state, he/she must pay us compensation appropriate to the reduced value of the goods. This does not apply if the deterioration of the goods is solely due to their examination by the customer – similar to what would be usual in a physical showroom.
Note that the customer can avoid the requirement to pay lost-value compensation if he/she does not use the product as though it were his/her property and refrains from doing anything that affects its value. Goods that can be sent by parcel post are to be sent back at our cost and risk. The customer must bear the costs of returning the goods if the delivered item matches what was ordered and if (a) the price of the goods to be returned does not exceed €40.00 or (b) the price of the delivered item exceeds €40.00 and at the time of cancellation the consideration (payment) or contractually-agreed part-payment has not been provided. Customer must within 30 days of sending the statement of cancellation make any required reimbursements for the covering of payments made. There is no right of cancellation for goods that are sealed for reasons of hygiene or health protection, if such goods have been unsealed after delivery. There is also no right of cancellation for purchase contracts covering frames that are not pre-fabricated and the production of which is governed by an individual selection or decision by the Customer, or that are clearly tailored to personal needs of the consumer. Important note: the pre-payment costs of a return after cancellation are borne by the Customer.
- § 8 Retention of title
- The goods remain our property until full payment has been made. Until full payment has been made, and ownership of the goods thereby transferred to the Customer, the Customer does not have the right to transfer ownership of the goods to a third party.
- For customers who are entrepreneurs, we retain ownership of the goods until all payments due under the contract have been received. Should the realisable value of securities exceed the secured claims by more than 20%, we undertake to release appropriate securities on demand from the Customer. We retain the right to select which securities to return.
- § 9 Passing of risk
A customer who is an entrepreneur bears the risk of accidental destruction and accidental damage of the goods, once the goods have been transferred to the delivery person.
- § 10 Notification of short shipment and transportation damage
- If the customer notices damage to the packaging (transportation damage), he/she is required to have this certified by the delivery agent on receipt of the goods.
- A customer who is an entrepreneur must declare a short shipment or transportation damage within two weeks of receiving the goods. Our liability to a customer in this situation is limited to making good the shortage/damage or providing an exchange.
- § 11 Guarantee
- We reserve to make minor changes to or deviations from the described structure and colour of goods, as long as the changes or deviations are reasonable with regard to the Customer. The Customer should note that when ordering via the internet the representation of the colour of goods may, due the nature of his/her computer screen, deviate from the actual colours; we cannot be held liable for any such deviations.
- With customers who are entrepreneurs, the period of limitation for claims relating to faults is one year.
- § 12 Limitations of liability
The following limitations of liability do not apply to damage due to gross negligence or deliberate acts. They also do not apply to injuries resulting in death, injury, illness or potential promises of guarantee. Claims for compensation against Falkenjagd und Rennstahl Fahrradmanufaktur Kirschner GbR and against their agents and their servants are limited in amount to such damage with which Falkenjagd und Rennstahl Fahrradmanufaktur Kirschner GbR would reasonably expect to have anticipated as risk, on their possible entering into the contractual relationship. Unless the damage does not result from the breach of a core contractual duty, compensation is limited to a sum the maximum of ten times the value of the sale agreement. The term “core contractual duty” is to be understood as such a duty as is necessary for appropriate execution of the contract and upon fulfilment of same the customer therefore relies or may reasonably rely. Any further liability for compensation is excluded. This does not affect your statutory rights. Customers have specific rights under the law.
- § 13 Force majeure
Occurances due to force majeure and other occurances beyond our control, including but not limited to industrial disputes and natural disasters, release us from our contractual commitments for as long as these occurances continue. We are obliged to inform the Customer without delay of such an occurance; furthermore we are obliged to promptly inform the Customer how long the occurance is likely to last.
- § 14 Data protection
- The only data that we will collect about the Customer is that which he/she has entered into the relevant fields on our website pages.
- We would like to point out that we gather, process and use personal data only for relevant purposes and in accordance with applicable legal provisions. Personal data provided by the Customer (e.g. name, email address, physical address, payment information) in the context of enquiries or for the purpose of ordering goods are used by us solely for the purpose of replying to enquiries or the fulfilment and completion of the contract. Data will not be used for promotional purposes or be passed on to third parties.
- We would also like to point out that this data transfer over the internet is unsecured and the data could be accessed by unauthorised persons or be falsified.
- Upon full completion of the contract and full payment of the purchase price the data is excluded from further use, and only retained for as long as is required by the relevant tax and accountancy regulations.
- The Customer has the right upon request to be informed of the personal data that we hold, free of charge. In addition, he/she has the right to have data errors rectified, have a restriction placed on the data’s use, or have the data deleted. For this, he/she should contact us using the “Contact” function on our website.
- § 15 Exclusion of liability for external links
We provide links to other websites in the internet. Regarding all of these links, we expressly state that we have no influence on the structure or content of the linked pages. Therefore we hereby expressly distance ourselves from all content of the linked pages of third parties: we do not endorse it in any way. This declaration refers to all provided links and to all content of sites to which these lead.
- § 16 Intellectual property
Falkenjagd Rennstahl Fahrradmanufaktur Kirschner GbR is the sole owner of the copyright and ancilliary rights for all elements created and published by us, e.g. graphics, text or photographs. Reproduction or use of such graphics, text or photographs in other publications – whether electronic or printed – is not permitted without our express permission.
- § 17 Place of fulfilment is our registered premises
- Place of fulfilment is our registered premises
- If the Customer is an entrepreneur, the place of jurisdiction for all disputes arising in connection with this contract is the one which covers our registered premises. We retain the right, however, to bring an action against the customer at the court responsible for their personal domicile.
- This contract is governed by the law of the Federal Republic of Germany; the United Nations CISG is not applicable, even if the Customer is domiciled abroad.
- § 18 Salvatory clause
If individual provisions of these General Conditions of Sale are or become completely or partly invalid, this does not effect the validity of the remaining provisions. In the place of the invalid provisions, equivalent valid terms which come as close as possible to the purpose of the invalid provisions shall apply.
Last updated: 09.04.2016