General Terms And Conditions
Offers are always subject to change, non-binding and are limited to 30 days after the date of issue. All offers are subject to prior sale (meaning there is a chance the items may already have been sold in the time between an offer was made, or an order was received, till the order is in fact processed and confirmed).
Declarations of acceptance and orders require a complete confirmation of BIKE SIDE in writing to be legally binding. This also applies to collateral agreements.
Our employees are only authorized to give descriptions of the materials and products for sale. The buyer alone is liable for the correct selection. Assurances of our employees require written confirmation.
Information in brochures, catalogues, newsletters, advertisements, price lists or in the associated documentation, drawings, illustrations, technical data, weight, dimension and performance descriptions belonging to the offer reflect our experience. They are non-binding unless expressly designated as binding in the order confirmation. A guarantee for any specific use case, as well as a liability from consultation by our employees cannot be made by us. Our employees only perform non-binding consulting activities. In particular, construction supervision, compliance with the processing guidelines and observance of the rules of technology are the sole responsibility of the customer, even if our employees are present.
Due to technical developments, changes may occur. Only the latest issue of our technical information is valid, which is made to the best of our knowledge and judgement. However, any liability can only be derived from this if it is part of our contractual agreements.
We reserve ownership of estimates, drawings and other documents, in particular technical descriptions issued by us. They may only be used for the stated purposes and may only be made accessible to third parties with our consent.
Terms Of Delivery
Shipping costs for your ordered items are listed in the order confirmation.
Please note: Orders that are not delivered to customers within Germany, Austria or Switzerland will only be shipped after payment in advance! Please send your order and wait for our confirmation by e-mail. Please transfer the due amount to our bank account. Don't forget to provide us with your order confirmation number. As soon as we have received the payment, your order will be shipped by DHL.
Cancellation Policy For Consumer Contracts
You may cacncel your declaration of intent in writing (e.g. letter, fax, e-mail) or by returning the goods within two weeks (or 1 month, if you were only informed of the existence of the right of cancellation after conclusion of contract). To use your right of cancellation, you do not need to provide any reasons as of why you want to cancel the contract. The deadline for cancellation begins at earliest when you receive this instruction. In the case of delivery of goods, the period shall not begin before the day on which they are received by the consumer. Sending the written cancellation or the goods before the deadline is sufficient for it to become valid. The cancellation needs to be addressed to:
Racing- and Performance Parts
Dipl. Ing. Klaus Dony
Tel.: +49 (0) 72 45 - 108 823
Fax: +49 (0) 72 45 - 108 824
Consequences Of Cancellation
In the event of an effective cancellation, the services received by both parties must be returned and any benefits derived (e.g. interest) surrendered. If you cannot return the received service to us in whole or in part or only in a deteriorated condition, you must compensate us accordingly. This does not apply if the deterioration of the item is exclusively due to its examination - as it would have been possible for you in our store, for example. You can avoid the obligation to pay compensation by not using the goods as if they were your property and by refraining from doing anything that could reduce their value. Goods that can be sent by parcel post are to be returned. You have to cover the return costs if the delivered goods are as ordered and if the price of the goods to be returned does not exceed 40 euros or if, in the case of a higher price, you have not yet made the full or a contractually agreed partial payment at the time of cancellation. In all other cases, the return shipment is free of charge for you. Goods that cannot be sent by parcel post will be collected at your address. You must comply with obligations to refund payments within 30 days of sending off your declaration of cancellation.
General Terms and Conditions of the company BIKE SIDE for the sale of MOTOR BIKE ACCESSORIES
These general terms and conditions govern the conclusion of a contract, the obligations of BIKE SIDE (hereinafter referred to as "seller") and its customers (hereinafter referred to as "buyer") and the execution of contracts concluded between the buyer and the seller.
The following terms and conditions shall apply exclusively to all offers, contracts as well as deliveries and services of the seller, which shall also apply to all subsequent orders and deliveries.
Individual agreements remain unaffected by the above provision.
Any deviating terms and conditions of contractual partners are hereby expressly rejected.
Representatives or salespersons of the seller are not authorized to agree on any changes or amendments to these terms and conditions.
Declarations, promises and deviating agreements are only binding towards merchants if they were concluded in writing.
The seller expressly reserves the right to minor technical or optical deviations between the articles offered and sold. These do not entitle the buyer to file a complaint.
A consumer is any natural person who enters into a legal transaction for a purpose that cannot be attributed to his commercial or self-employed professional activity.
2 OFFERS AND PRICES
Purchase offers or orders addressed to the seller shall be deemed accepted unless the seller has objected in writing within ten days of receipt of the offer or order.
The offers of the seller are always non-binding. We reserve the right to make technical changes as well as changes in form, colour and/or weight within reasonable limits.
The prices are valid ex works, including packaging, but excluding postage, freight and transport packaging. All agreed and calculated prices include VAT.
Unless other conditions have been agreed upon, the prices that are valid on the day of delivery shall apply.
3 TERMS OF PAYMENT
Invoices of the seller are generally payable by cash on delivery, directly upon delivery, or by advance payment. If a special agreement has been made with individual buyers, they are in default of payment in the event of noncompliant payment without a reminder. Payments made by the buyer may initially be used by the seller to settle any overdue payments.
In the event of default of payment, interest on overdue payments shall be charged at the amount actually incurred, but at least five percent p. a. above the respective base interest rate of the European Central Bank, without prejudice to any further rights. The buyer has the right to prove a lower damage caused by the default and the seller a higher damage caused by the default. If an instalment plan has been agreed upon and the buyer is in default with an instalment payment, the entire outstanding purchase price claim and, in addition, all other claims of the seller from other deliveries and/or services to the buyer shall become due and payable immediately. In this case, the seller is also entitled to refuse all further deliveries and/or services without notice.
The above paragraph shall also apply accordingly if insolvency or bankruptcy proceedings are brought against the buyer's assets. We reserve the right to assert any further damage caused by late payment.
Agreements on delivery dates and periods may be made in a binding or non-binding manner, but must be made in writing, in particular in the case of subsequent changes. They are generally subject to the express reservation that the manufacturer, producer, supplier or sub-supplier supplies the seller itself in a proper and correct manner, provided that the seller is not responsible for the non-delivery or incorrect delivery.
The seller shall be released from any obligation to perform or deliver if the preliminary supplier or manufacturer no longer delivers, or only partially delivers, due to circumstances substantiated in his area (e.g. bankruptcy, closure of a business, changes to the product range, etc.).
The delivery period shall be extended to a reasonable extent if force majeure and/or other unforeseeable circumstances or circumstances outside our influence (e.g. operational disruptions, strike, lockout, lack of means of transport, government intervention, energy supply difficulties, etc.), even if these circumstances occur at the seller or at the preliminary supplier or manufacturer, prevent delivery in due time. The seller and the buyer are entitled to withdraw from the contract if the delivery delays last longer than three months.
The buyer cannot derive claims for damages from the extension of the delivery period or from the discontinuation of the delivery obligation, unless these are based on intent or gross negligence.
If shipment is delayed at the request of the buyer, he is obliged to pay for the resulting storage costs. If a timely delivery does not take place for a reason that lies within the responsibility of the buyer, the seller is entitled to use the goods for other purposes after a reasonable period has been set and expired without result; the delivery period towards the buyer will be extended accordingly.
The seller shall only be obliged to comply with the delivery deadlines if the buyer has fulfilled their agreed obligations. The seller is also entitled to make partial deliveries. Goods delivered by the seller shall also be accepted if they have minor defects or defects that do not impair their function.
5 SHIPMENT - TRANSFER OF RISK, RETURN SHIPMENT
The dispatch as well as possible returns of goods to the Seller shall be at the buyer's expense and risk if the latter is a consumer. The seller may determine shipping method and route at its own discretion. Deliveries of goods will only be insured for transport if specifically instructed by the buyer. The buyer bears the costs for transport packaging.
If the buyer is a consumer, the risk of accidental loss and accidental deterioration of the sold goods is transferred to him when the goods are handed over to him. If the buyer is a merchant, the risk of accidental loss or accidental deterioration is transferred when the goods are handed over to the freight carrier or the person or institution commissioned with the transport. If the buyer is in default acceptance, this is to be considered equivalent to handover.
A possible refund from the seller to the buyer will only be made for the amount of the mutually received services, without shipping costs.
Flawless goods that have been manufactured, adapted or modified especially for the buyer are excluded from return.
Returns can only be made after consulting us. Cash on delivery shipments are not accepted. The goods will only be taken back only in their undamaged original packaging. If the goods or the original packaging are damaged, our lability shall be waived.
Claims arising from obvious defects or missing promised characteristics only exist if the defects or the absence of the promised characteristic are reported in writing without delay - in the case of merchants within the periods resulting from § 377 HGB - and in the case of consumers within 60 days. If no notice of defects is given in due time, claims against the seller due to these defects which have not been reported or have been reported late are excluded. The seller is liable under exclusion of all further claims as follows:
The seller reserves the right of remedy defects for merchants either by way of repair or replacement. The buyer is obliged to grant the seller the necessary time and opportunity, if the buyer is a merchant as defined by the German Commercial Code, otherwise there is no obligation to remedy the defect. The seller is entitled to a reasonable number of attempts, but at least three, to fulfil the warranty obligation. Only after all these attempts at remedy have failed, the buyer is entitled to demand a discount of the purchase price or the conversion of the contract, provided that the buyer is a merchant as defined by the German Commercial Code.
If the buyer is a consumer, he may, at his discretion, demand remedy in the form of repair of defects or delivery of a defect-free item, withdraw from the contract or reduce the purchase price.
No warranty is given for defects and damages resulting from unauthorized attempts by the buyer to repair defects or modification of the purchased good by third parties or the buyer, unsuitable or improper use, natural wear and tear, missing or defective goods or goods. negligent handling or if the installation of the purchased good was not carried out in an authorised specialist workshop, unless the buyer can prove that the defect was not caused by the installation. Warranty is also void in case of small and usual deviations between the delivered goods and the brochure offers.
The seller is entitled to refuse remedy if doing so would involve unreasonable expenses for him.
The buyer's payment obligations remain unaffected by claims and complaints.
If the seller provides services over and above the agreed warranty obligation as a gesture of goodwill, neither a legal claim of the buyer nor a legal obligation of the seller shall result.
The warranty period for new goods is two years from delivery of the goods to the buyer. The warranty period for used goods is one year from the date of delivery of the goods to the buyer. If the buyer is a merchant as defined by the German Commercial Code, the warranty period is generally one year, regardless of whether the goods are new or used.
No independent obligations of the seller can be derived from any guarantee promises of manufacturers. However, the statutory warranty rights of the purchaser remain unaffected by this.
The seller is only liable - for whatever legal reason - for damages which these or their agents have caused intentionally or through slight negligence in the case of violation of obligations which are essential for the fulfilment of the purpose of the contract. In cases of slight negligence, the Vendor's liability is limited to the amount of damages typical of comparable transactions of this kind, which were foreseeable at the conclusion of the contract or at the latest when the breach of contract occurred.
Claims arising from product liability in the area of physical injury or damage to health on the part of the buyer, insofar as the purchaser is a consumer, are excluded from this limitation of liability.
The seller is liable to merchants for consequential costs of defects or complaints (e.g. installation, removal or conversion costs, painting, fines or warnings, expenses for rental vehicles, etc.).), since the extremely favorable purchase conditions granted to the buyer already contain a hypothetical portion of possible subsequent costs of a defect and/or a complaint (without recognition of a legal obligation).
In general, the consumer is only entitled to claim damages if the defect is the fault of the seller.
8 RETENTION OF TITLE
The seller retains title to the delivered goods until all claims arising from the business relationship with the buyer have been settled. The buyer is only entitled to resale in the proper course of business against payment or subject to retention of title.
The buyer cedes future claims from the resale of the delivered goods to the seller as security for the balance existing in favour of the seller. If goods delivered by the buyer are sold together with other goods not belonging to the seller, the collateral shall only be made in the amount of the value of the delivered goods invoiced by the seller.
The buyer may neither pledge the retained goods nor assign them as collateral. The buyer must inform the seller immediately of any third party seizure of the retained goods or ceded claims. Furthermore, the buyer must inform the third party of the seller's property rights.
If goods delivered by the seller are combined, mixed or processed by the buyer with other goods, it is agreed that the seller acquires co-ownership in proportion to the value of the delivered retained goods to the value of the new, unified object. In this case, the buyer is obliged to store the goods free of charge until the co-ownership expires.
The buyer is entitled to collect the claims ceded to the seller as collateral as long as he meets his payment obligations in accordance with the contract.
The buyer is obliged to provide the seller with all information and support necessary to assert his rights and allows him to enter his premises for this purpose. In the event of default of payment, the seller shall be entitled to take possession of the retained goods and to sell them as best as possible by private sale. The repossession does not require a special reminder or deadline and also does not include an implied declaration of conversion or withdrawal; the validity of the purchase contract remains unaffected in this respect.
As far as legally permissible, further claims of the buyer against the seller beyond the claims listed above are excluded, in particular compensation for damages which have not arisen from the delivered goods themselves as well as claims for damages due to the absence of warranted characteristics. Only in the latter case is the buyer entitled to withdraw from the contract.
9 ADJUSTMENT OF CONTRACT - WITHDRAWAL
Upholding the contract does not appear justifiable if unforeseen events within the meaning of § 4 (3) of the seller's general terms and conditions occur. The seller is then entitled to submit an offer to adjust the contract. If an adjustment of the contract is not economically feasible or if the buyer refuses an adjustment of the contract, both parties may withdraw from the contract. However, the buyer is not entitled to reject a minor adjustment of the contract.
Furthermore, the seller may withdraw from the contract if justified doubts arise concerning the buyer's credit standing or an application for bankruptcy has been filed against the buyer's assets or judicial or extrajudicial insolvency proceedings have been opened against his assets.
In the event of withdrawal of the seller, an amount of 20 percent of the agreed purchase price shall be considered agreed as compensation and remuneration for the loss of profit. If the buyer proves a lower damage, the percentage may decrease. If the buyer withdraws from the contract, claims for damages in his favour are excluded.
10 OFFSETTING - RETENTION
The buyer is only entitled to offset payments with undisputed or legally binding counterclaims. The assertion of a right of retention is excluded, unless otherwise regulated by these terms and conditions.
11 REVOCATION OF DISTANCE SELLING CONTRACTS
If the buyer is a consumer, he can revoke his declaration of contract within a period of two weeks, or 1 month if he only became aware of this notification after conclusion of the contract, without stating reasons in text form (e.g. letter, fax, e-mail), or by returning the goods. The period begins at the earliest with receipt of this notification. In the case of delivery of goods, the period shall not begin before the day on which they are received by the buyer. To meet the deadline it is sufficient to send the revocation or the goods in time. The revocation is to be addressed to:
Racing- And Performance-Parts
Dipl. Ing. Klaus Dony
phone +49 (0) 7245 108 823
fax +49 (0) 7245 108 824
In the event of an effective revocation, the services received by both parties must be returned and any benefits derived (e.g. interest) surrendered. If the service received cannot be returned in whole or in part, or can only be returned in a deteriorated condition, compensation must be paid to that extent if necessary. The obligation to pay compensation shall not apply if the deterioration of the goods is exclusively attributable to their inspection, as would have been possible in our store, for example. Furthermore, the obligation to pay compensation can be avoided if the buyer does not use the goods as an owner and omits everything that impairs their value. Goods that cannot be sent by parcel post can be collected from the buyer at the buyer's expense and risk.
If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect:
1. the validity or enforceability in that jurisdiction of any other provision of this Agreement; or
2. the validity or enforceability in other jurisdictions of that or any other provision of this Agreement.
The invalid or void provisions shall be replaced by provisions that are valid and come closest to the intended purpose of the invalid or void provisions.
13 PLACE OF PERFORMANCE AND JURISDICTION, CHOICE OF LAW
If the buyer is a merchant as defined by the German Commercial Code (HGB) or if the German Code of Civil Procedure (ZPO) does not apply to the buyer because his place of residence ist not inside of ZPO jurisdiction, the place of performance for both parties is Durmersheim and the place of jurisdiction for both parties is Karlsruhe. The law of the Federal Republic of Germany shall apply exclusively excluding the UN Convention on Contracts for the International Sale of Goods (CISG).