Terms of service

General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts concluded with us as the provider (Koinet GmbH) via the website ebike-center-sued.myshopify.com. Unless otherwise agreed, we object to the inclusion of any terms and conditions you may use.

(2) For the purposes of the following provisions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or self-employed professional activity. An entrepreneur is any natural or legal person or partnership with legal capacity that acts in the exercise of its self-employed professional or commercial activity when entering into a legal transaction.

§ 2 Accessibility

(1) In accordance with Section 14 (1) No. 2 in conjunction with Annex 3 No. 1 of the German Accessibility Strengthening Act (BFSG), we provide information on how our website and/or our service in electronic commerce meets the accessibility requirements of the relevant ordinance (BFSGV). This information can be accessed via a separate, appropriately labelled button (e.g. “Accessibility Statement” or similar wording) on our website and includes, in particular, the following points:

  • a description of the applicable accessibility requirements;
  • a general description of the service in an accessible format;
  • descriptions and explanations required to understand how the service is provided;
  • a description of how the service meets the relevant accessibility requirements.

(2) The contact details of the responsible market surveillance authority are as follows:

Market Surveillance Office of the Federal States for the Accessibility of Products and Services – Public-Law Institution (MLBF AöR)
Carl-Miller-Str. 6
39112 Magdeburg
Telephone: +49 391 567 6970
Email: kontakt@mlbf-barrierefrei.de

(3) Where applicable, we use artificial intelligence (AI) and specialised tools to implement the accessibility requirements on our website. This is intended to take into account a wide range of possible disabilities, including visual, auditory, physical, speech, cognitive and neurological impairments. Further details can be found via the separate, appropriately labelled button referred to in paragraph 1 on our website.

(4) Our website and/or our service in electronic commerce is accessible if it can be found, accessed and used by persons with disabilities in the generally customary manner, without particular difficulty and, in principle, without external assistance.

(5) Measures to implement the accessibility requirements include, for example, clearly legible font sizes and sufficient colour contrasts, navigation by mouse and keyboard, alternative text for images, subtitles and audio descriptions in videos (where videos are embedded on the website), easy-to-read and understandable language, compatibility with all common screen readers, and adaptable display options for different end devices (smartphones, tablets, desktop computers, etc.).

§ 3 Conclusion of the Contract

(1) The subject matter of the contract is the sale of goods.

(2) By placing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions stated in the item description.

(3) The contract is concluded via the online shopping cart system as follows:

The goods intended for purchase are placed in the “shopping cart”. You can access the “shopping cart” via the relevant button in the navigation bar and make changes there at any time.

After clicking the “Checkout” or “Proceed to order” button (or similar wording) and entering your personal data as well as the payment and shipping terms, the order details will be displayed to you as an order overview.

If you use an instant payment system as your payment method (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort), you will either be directed to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.

If you are redirected to the respective instant payment system, you make the appropriate selection or enter your data there. Finally, the order details will be displayed to you as an order overview either on the website of the provider of the instant payment system or after you have been redirected back to our online shop.

Before submitting the order, you have the opportunity to review the information in the order overview again, change it (also by using your internet browser’s “Back” function) or cancel the order.

By submitting the order via the relevant button (“order with obligation to pay”, “buy” / “buy now”, “place order subject to charge”, “pay” / “pay now” or similar wording), you legally declare your acceptance of the offer, thereby concluding the contract.

(4) Your requests for the preparation of an offer are non-binding. We will make you a binding offer in text form (e.g. by email), which you may accept within 5 days (unless a different period is stated in the respective offer).

(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is carried out partly automatically by email. You must therefore ensure that the email address you have provided to us is correct, that receipt of emails is technically ensured and, in particular, that it is not prevented by SPAM filters.

§ 4 Special Agreements Regarding the Payment Methods Offered

(1) Payment via Klarna

In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; “Klarna”), we offer the following payment options. Payment is made to Klarna in each case:

The use of the payment methods invoice and/or instalment purchase and/or direct debit requires a positive credit check. In this respect, we transmit your data to Klarna for the purpose of address and creditworthiness checks as part of the initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permitted based on the results of the creditworthiness check.

Further information about Klarna and Klarna’s terms of use for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user and https://www.klarna.com/de/.

Further information about Klarna and Klarna’s terms of use for Austria can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/user and https://www.klarna.com/at/.

§ 5 Right of Retention, Retention of Title

(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur, the following shall apply in addition:

a) We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. Prior to the transfer of title to goods subject to retention of title, pledging or transfer by way of security is not permitted.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims arising from the resale in the amount of the invoice total; we accept this assignment. You remain authorised to collect the claim. However, if you fail to meet your payment obligations properly, we reserve the right to collect the claim ourselves.

c) If goods subject to retention of title are combined or mixed with other goods, we acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.

d) We undertake to release securities to which we are entitled at your request to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.

§ 6 Warranty

(1) The statutory rights relating to defects apply.

(2) As a consumer, you are requested to inspect the goods immediately upon delivery for completeness, obvious defects and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.

(3) Where a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of it by us before submitting your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

(4) If you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:

a) Only our own specifications and the manufacturer’s product description shall be deemed agreed as the characteristics of the goods, but not other advertising, public statements or statements made by the manufacturer.

b) In the event of defects, we shall provide warranty at our discretion by rectification or replacement delivery. If rectification fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. Rectification shall be deemed to have failed after the second unsuccessful attempt, unless otherwise indicated in particular by the nature of the goods, the defect or other circumstances. In the event of rectification, we are not obliged to bear the increased costs arising from transport of the goods to a location other than the place of performance, unless such transport corresponds to the intended use of the goods.

c) The warranty period is one year from delivery of the goods. The reduction of the period does not apply:

  • to damages attributable to us that were culpably caused by injury to life, body or health, and to other damages caused intentionally or through gross negligence;
  • where we fraudulently concealed the defect or assumed a guarantee for the quality of the item;
  • to goods that have been used for a building in accordance with their customary use and have caused its defectiveness;
  • to statutory rights of recourse that you have against us in connection with rights arising from defects.

§ 7 Choice of Law, Place of Performance, Place of Jurisdiction

(1) German law shall apply. For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence (favourability principle).

(2) The place of performance for all services arising from business relationships with us and the place of jurisdiction is our registered office, provided that you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual residence is unknown at the time legal proceedings are initiated. This does not affect the right to bring an action before a court at another statutory place of jurisdiction.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.

II. Customer Information

1. Seller Identity

Koinet GmbH
Vogelherd 2
78176 Blumberg
Germany
Telephone: +49 7702 4798190
Email: info@ebike-center-sued.de

We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.

2. Information on the Conclusion of the Contract

The technical steps for concluding the contract, the conclusion of the contract itself and the options for correcting errors are governed by the provisions entitled “Conclusion of the Contract” in our General Terms and Conditions (Part I).

3. Contract Language, Storage of the Contract Text

3.1. The contract language is German.

3.2. We do not store the complete contract text. Before submitting the order via the online shopping cart system, the contract data can be printed using the browser’s print function or saved electronically. Once we receive your order, the order details, the information required by law for distance contracts and the General Terms and Conditions will be sent to you again by email.

3.3. For offer requests outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by email, which you can print or save electronically.

4. Codes of Conduct

4.1. We have submitted to the Käufersiegel quality criteria of Händlerbund Management AG, available at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.

5. Essential Characteristics of the Goods or Service

The essential characteristics of the goods and/or service can be found in the respective offer.

6. Prices and Payment Terms

6.1. The prices stated in the respective offers, as well as the shipping costs, are total prices. They include all price components, including all applicable taxes.

6.2. Any shipping costs are not included in the purchase price. They can be accessed via a suitably labelled button on our website or in the respective offer, are shown separately during the order process and must be borne by you in addition, unless free delivery has been promised.

6.3. Where delivery is made to countries outside the European Union, additional costs for which we are not responsible may arise, such as customs duties, taxes or money transfer fees (bank transfer or currency exchange fees charged by credit institutions), which must be borne by you.

6.4. You must bear any costs incurred for money transfers (bank transfer or currency exchange fees charged by credit institutions) where delivery is made to an EU Member State but payment was initiated outside the European Union.

6.5. The payment methods available to you are displayed via a suitably labelled button on our website or in the respective offer.

6.6. Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due for immediate payment.

7. Delivery Terms

7.1. The delivery terms, delivery date and any existing delivery restrictions can be found via a suitably labelled button on our website or in the respective offer.

7.2. If you are a consumer, the law provides that the risk of accidental loss and accidental deterioration of the goods sold during shipment passes to you only upon delivery of the goods to you, regardless of whether shipment is insured or uninsured. This does not apply if you independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.

If you are an entrepreneur, delivery and shipment are at your risk.

8. Statutory Liability for Defects

Liability for defects is governed by the provision entitled “Warranty” in our General Terms and Conditions (Part I).

These General Terms and Conditions and customer information were prepared by lawyers specialising in IT law at Händlerbund and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and assumes liability in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.