(The following General Terms and Conditions also contain legal information on your rights under the provisions on distance selling and electronic commerce.)
1. Scope
2. Offers and service descriptions
3. Order process and conclusion of contract
4. Prices and shipping costs
5. Delivery, availability of goods
6. Terms of payment
7. Retention of title
8. Warranty for material defects and guarantee
9. Liability
10. Storage of the contract text
11. Data Protection
11. Place of jurisdiction, applicable law, contract language
12. Supplementary General Terms and Conditions
1. Scope
1.1. The following general terms and conditions in the version valid at the time of the order apply exclusively to the business relationship between Ebikemart and client.
1.2. You can reach our customer service for questions, complaints and objections on weekdays from 9:00 a.m. to 5:00 p.m. by email at: support@ebikemart.shop
1.3. A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for a purpose that can predominantly not be attributed to their commercial or independent professional activity .
1.4. Deviating conditions of the customer will not be recognized unless the seller expressly agrees to their validity.
2. Offers and service descriptions
2.1. The presentation of products in the online shop does not constitute a legally binding offer, but rather an invitation to place an order. Service descriptions in catalogues and on the seller’s websites do not constitute a representation or guarantee.
2.2. All offers are valid “while stocks last” unless otherwise stated for the products. Otherwise, errors are reserved.
3. Ordering process and conclusion of contract
3.1. The customer can select products from the seller’s range without obligation and collect them in a so-called shopping cart using the [Add to shopping cart] button. The customer can then complete the ordering process within the shopping cart using the [Continue to checkout] button.
3.2. The customer submits a binding request to purchase the goods in the shopping cart using the [Buy] button. The customer can change and view the data at any time before submitting the order. Required information is marked with an asterisk (*).
3.3. The seller then sends the customer an automatic confirmation of receipt by email, in which the customer’s order is listed again and which the customer can print out using the “Print” function (order confirmation). The automatic confirmation of receipt merely documents that the customer’s order has been received by the seller and does not constitute acceptance of the application. The purchase contract is only concluded when the seller has shipped or handed over the ordered product to the customer within 2 days or has confirmed the shipment to the customer within 2 days with a second email, express order confirmation or sending of the invoice.
3.4. If the seller allows payment in advance, the contract is concluded when the bank details and payment request are provided. If the payment is not received by the seller within 10 calendar days of the order confirmation being sent, despite being due and even after a further request, the seller will withdraw from the contract, with the result that the order is no longer valid and the seller is not obliged to deliver. The order is then completed for the buyer and seller without any further consequences. An item can therefore be reserved for a maximum of 10 calendar days when paying in advance.
4. Prices and shipping costs
4.1. All prices stated on the seller’s website include the applicable statutory sales tax.
4.2. In addition to the prices stated, the seller charges shipping costs for delivery. The shipping costs are clearly communicated to the buyer on a separate information page and during the ordering process.
5. Delivery, availability of goods
5.1. If advance payment has been agreed, delivery will take place after receipt of the invoice amount.
5.2. If not all of the ordered products are in stock, the seller is entitled to make partial deliveries at his own expense, provided this is reasonable for the customer.
5.3. If delivery of the goods fails due to the buyer’s fault despite three delivery attempts, the seller can withdraw from the contract. Any payments made will be refunded to the customer immediately. 5.4. If the ordered product is not available because the seller is not supplied with this product by its supplier through no fault of its own, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, suggest delivery of a comparable product. If no comparable product is available or the customer does not want delivery of a comparable product, the seller will immediately refund any consideration already provided to the customer.
5.5. Customers will be informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.
6. Terms of payment
6.1. The customer can choose from the available payment methods during and before completing the order process. Customers are informed about the available payment methods on a separate information page.
6.2. If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deductions.
6.3. If third-party providers are commissioned to process the payment, e.g. PayPal, their general terms and conditions apply.
6.4. If the due date for payment is determined according to the calendar, the customer is in default simply by missing the deadline. In this case, the customer must pay the statutory default interest.
6.5. The customer’s obligation to pay default interest does not exclude the seller from asserting further damages caused by default.
6.6. The customer is only entitled to a right of set-off if his counterclaims have been legally established or recognized by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.
7. Retention of title
The delivered goods remain the property of the seller until full payment has been made.
8. Warranty for material defects and guarantee
8.1. The warranty is determined in accordance with statutory provisions.
8.2. A guarantee only exists for the goods delivered by the seller if this has been expressly given. Customers are informed of the guarantee conditions before initiating the order process.
9. Liability
9.1. The following exclusions and limitations of liability apply to the seller’s liability for damages, without prejudice to the other statutory requirements for claims.
9.2. The seller is liable without limitation if the cause of the damage is based on intent or gross negligence.
9.3. The seller is also liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the customer regularly relies. In this case, however, the seller is only liable for foreseeable, contract-typical damage. The seller is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
9.4. The above limitations of liability do not apply in the event of injury to life, body or health, for a defect after a guarantee for the quality of the product has been given and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5. To the extent that the seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
9.6 NOTE: The use of electric scooters (e-scooters), e-skateboards, e-hoverboards, e-unicycles, etc. in areas covered by the StVO, public paths and squares, is not permitted and can be punished with a fine.
10. Storage of the contract text
10.1. The customer can print out the contract text before submitting the order to the seller by using the print function of his browser in the last step of the order.
10.2. The seller also sends the customer an order confirmation with all order data to the email address provided by him. With the order confirmation, the customer also receives a copy of the general terms and conditions along with the cancellation policy and information on shipping costs as well as delivery and payment conditions. If you have registered in our shop, you can view your placed orders in your profile area. We also save the contract text, but do not make it available on the Internet.
11. Data protection
11.1. The seller processes the customer’s personal data for a specific purpose and in accordance with the statutory provisions.
11.2. The personal data provided for the purpose of ordering goods (such as name, email address, address, payment details) are used by the seller to fulfil and process the contract. This data is treated confidentially and is not passed on to third parties who are not involved in the ordering, delivery and payment process.
11.3. The customer has the right to receive information on request free of charge about the personal data that the seller has stored about him. In addition, he has the right to correct incorrect data, block and delete his personal data, provided that there is no statutory retention period to the contrary.
11.4. Further information on the type, scope, location and purpose of the collection, processing and use of the required personal data by the seller can be found in the data protection declaration.
12. Place of jurisdiction, applicable law, contract language
12.1. The place of jurisdiction and place of performance is the registered office of the seller if the customer is a merchant, a legal entity under public law or a special fund under public law.
12.2. The contract language is German.
13. Supplementary general terms and conditions for installment purchase by easyCredit
13.1. Scope and general terms of use
The following supplementary general terms and conditions (hereinafter referred to as T&Cs) apply between you and the dealer for all contracts concluded with the dealer in which installment purchase by easyCredit (hereinafter referred to as installment purchase) is used. In the event of a conflict, the supplementary T&Cs take precedence over any other general terms and conditions of the dealer. Installment purchase is only possible for customers who are consumers in accordance with Section 13 of the German Civil Code (BGB) and who are at least 18 years old.
13.2. Installment purchase
For further details, please refer to the installment purchase data protection notice in the order process. If it is not possible to use installment purchase due to insufficient creditworthiness or the dealer’s sales limit being reached, the dealer reserves the right to offer you an alternative billing option. The contract for installment purchase is concluded between you and the dealer. With installment purchase, you decide to pay off the purchase price in monthly installments. Monthly installments are to be paid over a fixed term, whereby the final installment may differ from the previous installment amounts. Ownership of the goods remains reserved until full payment has been made. The claims arising from the use of the installment purchase are assigned by the dealer to Creditplus Bank as part of an ongoing factoring contract. Payments can only be made to CreditPlus Bank with a debt-discharging effect.
13.3. Installment payment by SEPA direct debit
By issuing the SEPA direct debit mandate with the installment purchase, you authorize TeamBank AG to collect the payments to be made through the installment purchase from your current account specified in the order process at the credit institution specified there by means of a SEPA direct debit. TeamBank AG will notify you of the collection by email no later than one calendar day before the SEPA direct debit is due (pre-notification). The collection will take place on the date specified in the advance notification at the earliest. A later, more timely collection can take place. If the purchase price is reduced between the pre-notification and the due date (e.g. through credits), the amount debited may differ from the amount stated in the pre-notification. Installment purchase by easyCredit -public- Page 2 of 2 You must ensure that your current account has sufficient funds at the time of the due date. Your bank is not obliged to honour the direct debit if there are insufficient funds in the current account. If a direct debit is returned due to insufficient funds in the current account, due to an unjustified objection by the account holder or due to the current account being closed, you will be in default even without a separate reminder, unless the direct debit is the result of a circumstance for which you are not responsible. The fees charged by your bank to TeamBank AG in the event of a direct debit return will be passed on to you and must be paid by you. If you are in default, CreditPlus Bank is entitled to charge a reasonable reminder fee or default interest of five percentage points above the respective base interest rate of the European Central Bank for each reminder. Due to the high costs associated with a direct debit return, we ask you not to object to the SEPA direct debit in the event of a withdrawal from the purchase contract, a return or a complaint. In these cases, the payment will be reversed in coordination with the merchant by transferring the corresponding amount back or by issuing a credit note.
