Terms, Conditions and Consumer Information
§ 1 Basic Provisions
(1) The following terms and conditions apply to all contracts between Moto-Sheets.com, Strasse des Kindes 2, 03130 Spremberg, Germany - hereinafter referred to as provider - and the client, which http://www.cyclestores.de on the website getting closed. Unless otherwise agreed, the inclusion of own conditions of the customer is excluded.
(2) Consumers in terms of the following regulations is every natural person who enters into a legal transaction for a purpose that can neither be attributed to their commercial nor independent professional activity. Entrepreneur is any natural or legal person or a legal partnership, in concluding a legal transaction in the exercise of their independent professional or commercial activity.
(3) The contract language is German. The contract text is not stored and is offered to the customer no longer accessible after sending the order. The customer can print the treaty text before submitting the order via the print function of the browser or save electronically.
The order information and the terms and conditions of which are sent to the customer via e-mail independently.
§ 2 Contract Object
Subject of the contract is the sale of goods. The details, particularly the essential characteristics of the goods can be found in the product description and product information on the website.
§ 3 Conclusion of the contract
(1) The product descriptions of the provider on the Internet does not constitute a binding offer to conclude a contract, but an invitation to place an order (the customer's offer).
If you buy via the online order form to purchase the goods intended to be placed in the "basket". The customer can via the appropriate button in the navigation bar to call the "shopping cart" and then make changes at any time. After calling the page "Checkout" and the input of personal data and the payment and shipping terms all order data are displayed on the order summary page concludes again.
Before submitting the order, the customer has the opportunity here to check all the details again to change, (also using the "back" of the Internet browser) or the purchase cancel. Is By sending the order via the appropriate button, the customer submits a binding offer from offered.
The customer receives an automatic email about the receipt of his order, which does not lead to the conclusion of the contract.
(2) The acceptance of the offer (and therefore the contract) is carried out in each case by confirmation in writing (eg e-mail), in which the customer is confirmed the goods the processing of the order or delivery or by delivering the goods.
If the customer within 5 days no order confirmation or notice of the shipment or have not received the goods, he is no longer bound to his order. If necessary services already rendered will be refunded immediately in this case.
(3) On request creates the provider to the customer an individual offer which will be sent to the customer in writing and to the the provider is bound 7 days. The customer accepts the offer with confirmation in writing.
(4) The execution of the order and submission of all necessary information in connection with the conclusion of the contract takes place partially automated email.
The customer must therefore ensure that the instrument deposited by him offered e-mail address is correct, the receiving of emails technically assured and is in particular not prevented by spam filters.
§ 4 Prices, Shipping Costs
(1) References in the respective offer prices and shipping costs are final prices. They include all price components, including all applicable taxes.
(2) The shipping costs are not included in the purchase price. You are on the page "Payment and shipping" callable, are reported separately during the ordering process and shall be borne by the customer in addition, unless the shipping charge delivery is promised.
(3) The customer receives an invoice showing VAT.
§ 5 Payment and shipping terms
(1) The terms of payment and shipping can be found under the same button in the navigation.
(2) Unless otherwise stated in the individual payment methods, the payment claims from the completed contract immediately due for payment.
(3) If a member appointed by the customer product, contrary to expectations not be available despite prompt conclusion of an adequate hedging transaction from a the manufacturer for reasons beyond the customer will be informed immediately about the unavailability and refund in case of withdrawal any payments already made immediately.
(4) For consumers is regulated by law that the risk of accidental loss and accidental deterioration of the sold goods during the shipment until the delivery of the goods passes to the customer, regardless of whether the shipment is insured or uninsured occurs.
§ 6 retention, retention of title
(1) A lien, the Customer only exercise if it is receivable from the same contractual relationship.
(2) The goods remain until full payment of the purchase price from the vendor.
§ 7 Warranty
(1) The statutory provisions.
(2) As a consumer is asked to check the goods immediately upon delivery for completeness, obvious defects and damage and the seller and the shipper complaints as soon as possible notify the customer. The customer fails to comply, this has no effect on the statutory warranty claims.
§ 8 Liability
(1) The provider is liable each unlimited liability for damage arising from injury to life, limb or health, according to all cases of intent or gross negligence, fraudulent concealment of a defect, on the takeover of guarantee for the condition of the purchased item, in case of damage the Product Liability Law and in all other cases established by law.
(2) If essential contractual obligations are concerned, the liability of the provider in case of slight negligence is limited to typical, foreseeable damage. Material contractual obligations are essential obligations that arise from the nature of the contract and the breach of which would jeopardize the purpose of the contract and obligations that the seller imposed by the Treaty according to its content to achieve the purpose of the contract, which makes the proper execution of the contract at all possible may make and on which the customer may regularly rely.
(3) Liability is excluded for slight negligence case of breach of minor contractual obligations.
(4) Data communication via the Internet can not be guaranteed error free and / or available at all times in accordance with the current state of technology. The provider is liable to the extent either for the continuous uninterrupted availability of the website and still the service offered there.
§ 9 Applicable Law, Place of Performance, Jurisdiction
(1) German law applies to the exclusion of CISG. For consumers only, this choice of law insofar as this does the protection afforded by mandatory provisions of the law of the country of habitual residence of the consumer will not be withdrawn (favourability).
(2) performance for all aspects of the business and jurisdiction with the existing provider is the seat of the provider, if the customer is not a consumer, but a merchant, legal entity under public law or public special assets. The same applies if the customer has no general jurisdiction in Germany or the EU or domicile or habitual residence at the time the action is not known. The authority also of the court to call in another legal jurisdiction remains unaffected.