General terms and conditions and customer information
I. General terms and conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to all the contracts that you conclude with us as a supplier (CYCLITE | Christoph Kirsch) via the https://cyclite.cc/ website. Unless otherwise agreed, the inclusion of your own terms and conditions, if applicable, is contradicted.
(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a legal partnership who, when concluding a legal transaction, acts in their independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) Subject of the contract is the sale of goods.
(2) As soon as the respective product is posted on our website, we are submitting a binding offer to conclude a contract under the conditions specified 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 use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time.
After calling up the "Checkout" page and entering your personal data as well as the terms of payment and shipping, all order data will then be displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Postpay, Sofort) as a payment method, you will either be taken to the order overview page in our online shop or you will first be taken to the website of the provider of the instant payment system forwarded.
If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. You will then be directed back to the order overview page in our online shop.
Before submitting the order, you have the opportunity to check all the details again, to change them (also via the "back" function of the Internet browser) or to cancel the purchase.
By submitting the order using the "Buy" button, you declare your legally binding acceptance of the offer, whereby the contract is concluded.
(4) Your inquiries to prepare an offer are non-binding for you. We will make you a binding offer in text form (e.g. by email), which you can accept within 5 days.
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and, in particular, is not prevented by SPAM filters.
§ 3 Special agreements on the payment methods offered
(1) Installment purchase via easyCredit
When buying in installments via easyCredit, the general terms and conditions for buying in installments from easyCredit also apply. You can find the terms and conditions here.
(2) SEPA direct debit (basic and / or company direct debit)
When paying by SEPA core direct debit or by SEPA corporate direct debit, you authorize us to collect the invoice amount from the specified account by issuing a corresponding SEPA mandate.
The direct debit is collected within 1-30 days after the conclusion of the contract.
The deadline for submitting the pre-notification will be shortened to 5 days before the due date. You are obliged to ensure that your account has sufficient funds on the due date. In the case of a return debit due to your fault, you have to bear the bank fee.
§ 4 right of retention, Retention of title
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 5 Warranty
(1) The statutory warranty rights apply.
(2) In the case of used items, claims for defects are excluded if the defect only becomes apparent one year after delivery of the item. If the defect becomes apparent within one year of delivery of the item, claims for defects can be asserted within the statutory limitation period of two years from delivery of the item. The above restriction does not apply:
- culpably caused damage attributable to us from injury to life, body or health and other damage caused intentionally or through gross negligence;
- as far as we fraudulently concealed the defect or assumed a guarantee for the quality of the item.
(3) As a consumer, you are requested to check the item for completeness, obvious defects and transport damage immediately upon delivery and to notify us and the freight forwarder of any complaints as soon as possible. If you fail to do so, this has no effect on your statutory warranty claims.
§ 6 Choice of law, place of performance, place of jurisdiction
(1) German law applies. For consumers, this choice of law only applies insofar as this does not remove the protection granted by mandatory provisions of the law of the state in which the consumer is habitually resident (favourability principle).
(2) The place of performance for all services from the business relationships with us and the place of jurisdiction is our registered office, provided 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 not known at the time the action is brought. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the UN sales law do not apply.
II. Customer information
1. Identity of the seller
Reifinger Str. 1, 83224 Grassau
Phone: +49 151 235 772 77
Registered at: AG Traunstein HRB 29905
CEO: Christoph Kirsch, Max Barnsteiner
2. Information on the formation of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "Conclusion of the contract" in our general terms and conditions (Part I.)
3. Contract language, contract text storage
3.1. Contract language is German.
3.2. We do not save the full text of the contract. Before submitting the order via the online shopping cart system the contract data can be printed out using the browser's print function or saved electronically. After we have received the order, the order data, the information required by law for distance selling contracts and the general terms and conditions will be sent to you again by email.
3.3. In the case of requests for offers outside of 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 out or save electronically.
4. Essential characteristics of the product or service
The essential characteristics of the goods and / or services can be found in the respective offer.
5. Prices and payment methods
5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly labeled button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.
5.3. If the delivery is made to countries outside the European Union, we may incur additional costs for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you. You must also bear any costs incurred for the transfer of money in cases in which the delivery is made to an EU member state, but the payment has been initiated outside the European Union.
5.4. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.
5.5. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
6. Terms of delivery
6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
6.2. As far as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment is only transferred to you when the goods are handed over, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise appointed to carry out the shipment.
7. Statutory warranty rights
Liability for defects is based on the "Warranty" provision in our General Terms and Conditions (Part I).
8. Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr.
However, we would also like to point out that there is no obligation and also no willingness to participate in a dispute settlement procedure before a consumer arbitration board.
last update: 12.06.2021