General Terms and Conditions (GTC) of the company Thunderbike
§ 1 Scope of application
1. The following General Terms and Conditions (hereinafter referred to as the GTC) in the version valid at the time the offer is submitted shall apply to the business relationship between the company Thunderbike, owner Andreas Bergerforth e.K., Güterstr. 5, 46499 Hamminkeln and the buyer. The buyer expressly confirms with the order that he has taken note of and agrees to the following General Terms and Conditions of the seller.
2. deviating conditions of a buyer to be regarded as an entrepreneur do not apply, even if the seller does not expressly object to the inclusion. This provision does not preclude the possibility of verbal agreement of other conditions, in particular between a buyer to be regarded as a consumer and the seller.
3. A consumer is any natural person who concludes a legal transaction - such as a sales contract - for a purpose which cannot be attributed to either his commercial or his self-employed professional activity. Otherwise, the natural person must be qualified as an entrepreneur.
§ 2 Conclusion of Contract and Scope of Application
1. A purchase contract can be made via our Internet shop https://shop.thunderbike.de online or by telephone order. Your order represents an offer to Thunderbike to conclude a sales contract. If you place an order with Thunderbike, we will immediately send you an e-mail confirming receipt of your order and listing its details (order confirmation). Immediately after this confirmation of receipt, the contract is accepted by an order confirmation and invoice. If your order is shipped in more than one package, you may receive a separate shipping confirmation for each package. In this case, a separate purchase contract is concluded for each order confirmation. Please print out the general terms and conditions and add them to your contract documents. With telephone order the contract comes after confirmation of order.
2. A special feature applies when ordering custom-made products (contract for work and services). This always requires a mutually signed contract with individual agreements. This contract is concluded upon signature and contains its own individual provisions which supplement the General Terms and Conditions.
3. In the case of orders from merchants, the contract may also be concluded by an unopposed commercial letter of confirmation from Thunderbike. Without immediate (as a rule 1 day) contradiction of the buyer, who is an entrepreneur, the contract conditions and AGB of Thunderbike are considered as accepted.
4. A contract is generally only concluded with buyers who have reached the age of 18 and are fully contractually capable. An exception to this principle shall only apply with the prior consent of the Buyer's legal representative, which must already be available to the Seller at the time of submission of the offer by the Buyer.
5. The contract text is communicated during the ordering process in such a way that it can be saved and printed out by the customer himself. Thunderbike also stores the text of the contract to the extent and as long as it is necessary for the execution of the contract and can also be inspected at Thunderbike's business premises upon request and legitimation. In the event that you make a mistake during the ordering process, e.g. indicate an incorrect quantity, please immediately write a correction email to Thunderbike, see under Contact, or correct the order by telephone. This is then taken into account and corrected accordingly. In principle, the contract can be concluded in German and English. You have to select the German or English shop page. This is done via the corresponding flag symbols on the homepage.
§ 3 Purchase prices and shipping costs
1. All purchase prices quoted by the seller are binding and include VAT plus shipping costs.
2. Unless expressly stated otherwise, the purchaser is not entitled to deduct a discount even in the case of immediate payment.
3. the seller delivers the object of purchase without charging statutory value-added tax if the conditions for intra-Community delivery are met. The buyer has to prove these conditions by stating his name and address, the branch of trade or profession as well as a valid sales tax identification number (USt.-IdNr.) during the purchase process.
4. the euro (EUR) shall be regarded as the currency of the transaction. The invoice shall be issued by the Seller exclusively in Euro (EUR) and the payments to be made by the Buyer shall only be permitted in Euro (EUR).
§ 4 Delivery, Delivery Periods
1. according to the article descriptions all goods are available after complete invoice payment. This means that the ordered goods are dispatched to places in Germany within 1 - 3 working days, for deliveries to the European Union (excluding Germany) within 3 - 5 working days or in other cases from the date of invoice (cf. § 2 AGB).
2. Complaints by the commercial buyer (entrepreneur) regarding the scope of the delivery, obvious defects, wrong delivery or quantity deviations must be made immediately to the seller in writing and by telephone. If the Buyer fails to notify us immediately, although he is obliged to do so under this paragraph, the delivery shall be deemed to have been approved.
§ 5 Due date, payment, default
1. Unless otherwise agreed, the goods shall be delivered exclusively on prepayment, i.e. the goods shall only be handed over to the transport person upon receipt of the full invoice amount, i.e. including shipping costs and any other stated costs.
2. The purchase price shall become due upon invoicing after conclusion of the contract (see above § 2) between the seller and the buyer. It is to be paid by the buyer in advance, cash on delivery or by credit card.
3. If the buyer does not pay the purchase price in advance within 10 days after the conclusion of the contract (see above § 2) and the sending of a proper invoice by the seller, he will receive a one-time payment reminder from the seller. Should another 10 days elapse from the time of receipt of this payment reminder by the buyer, without the seller being able to book a receipt of payment, she will send the buyer a maximum of 3 written reminders. The second and third reminders will trigger a reminder fee of 5 euros each, whereby the buyer reserves the right to prove a lesser damage or the absence of a damage. The Seller shall be entitled, at its option, to cancel the Buyer's order and to withdraw from the contract after expiry of the period set in the first reminder. Already after expiry of the payment deadline set in the first reminder, the seller is free to initiate legal dunning proceedings or to instruct a lawyer or a collection agency to collect the claim.
§ 6 Right of Withdrawal / - Instruction for Consumers
right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons. The withdrawal period shall be fourteen days from the date on which you or a third party other than the carrier designated by you took possession of the goods. In order to exercise your right of revocation, you must
Thunderbike, Owner: Andreas Bergerforth e.K., Güterstr. 5, 46499 Hamminkeln, Germany
Phone: 02852-6777-0; Fax: 02852-5444, E-Mail: firstname.lastname@example.org
inform you by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this Agreement. You can use the attached model withdrawal form, which is not mandatory. In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Download revocation form
Consequences of revocation
If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). For this refund we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to refund until we have received the Goods back or until you have provided evidence that you have returned the Goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case within fourteen days of the day on which you notify us of the revocation of this contract at the latest. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the fourteen-day period. You shall bear the direct costs of returning the goods.
End of the revocation instruction
§ 7 Retention of title
1. The delivered goods remain the property of the seller until the purchase price for these goods has been paid by the buyer (simple retention of title).
2. In commercial business transactions (entrepreneurs), ownership of the purchased goods shall not pass from the seller to the buyer until the buyer has settled all claims arising from the business relationship with the seller (extended retention of title). A commercial business transaction is given with the delivery of goods from the seller to an entrepreneur.
3. If the Seller's retention of title to goods acquired in the course of commercial business (entrepreneur) expires due to resale, combination or processing of the purchased goods by the Buyer, the purchased goods shall be replaced by the new item or the claim arising from one of the aforementioned actions (extended retention of title).
§ 8 Warranty
1. In the case of defective goods, the buyer, who is the consumer, can oblige the seller to remedy the defect or to deliver a replacement. He may, at his own discretion, also leave the choice to the seller upon notification.
2. The assignment of warranty claims of the buyer against the seller to third parties is excluded. If the buyer sells the goods delivered by the seller to third parties, he is prohibited from making reference to the seller because of the associated legal and/or contractual warranty claims.
3. claims of the customer due to material defects shall become time-barred in accordance with the statutory provisions, i.e. two years in the case of new parts, one year in the case of used parts from delivery of the goods in the case of a purchase contract or one year from acceptance of the contractual item in the case of a contract for work and services.
4. the seller has the right to subsequent performance, in the case of a contract for work and services, to subsequent improvement in our company. In the event that the buyer is an entrepreneur, the following shall apply: If a second rectification of defects also fails because the rectification of defects or the replacement delivery fails or is objectively or subjectively impossible or has been refused without justification, seriously and finally or has been unreasonably delayed, the buyer may withdraw from the contract or reduce the remuneration without prejudice to any claims for damages.
5. In the event of fraudulent concealment of defects or the assumption of a guarantee for the quality, further claims shall remain unaffected.
6. If the customer is a merchant, a maximum period of 10 calendar days after first knowledge of the defect, § 377 para. 1 and 3 HGB (German Commercial Code) applies. If a defect is indicated, the customer must give us the opportunity to examine this defect.
§ 9 Liability
The following exclusions and limitations of liability shall apply to the Seller's liability for damages, notwithstanding the other statutory prerequisites for claims:
The seller is liable without limitation if he is guilty of intent or gross negligence. In the event of simple negligence, the Seller shall only be liable in the event of a breach of an obligation the fulfilment of which is essential for the proper performance of the contract and on the observance of which the Buyer may regularly rely (cardinal obligation). Otherwise, liability for damages of any kind, regardless of the basis of claim, including liability for culpa in contrahendo is excluded.
If the Seller is liable for ordinary negligence in accordance with the above paragraph, his liability shall be limited to the damage which he typically had to expect to occur under the circumstances known at the time the contract was concluded.
These exclusions and limitations of liability shall not apply if the Seller has assumed a guarantee for the quality of the goods or has fraudulently concealed the defect in the goods. Furthermore, the Seller shall be liable without limitation for damages which are to be compensated in accordance with the Product Liability Act, as well as for damages to life, body and health.
These exclusions and limitations of liability shall also apply for the benefit of the Seller's employees and vicarious agents as well as for the benefit of other third parties used by the Seller for the performance of the contract.
§ 10 Data protection declaration and consent
All information on data protection can be found here: https://shop.thunderbike.de/en/Privacy-Policy/
§ 11 Place of performance, jurisdiction, legal system
1. with regard to the conclusion of a contract with entrepreneurs or corporations under public law, the place of performance for the delivery of the goods and the payment of the purchase price shall be the seller's registered office in 46499 Hamminkeln.
2. The place of jurisdiction for merchants (entrepreneurs) shall be the Amtsgericht Wesel or the Landgericht Duisburg.
3. The conclusion of the contract between the seller and the buyer is subject to the law of the Federal Republic of Germany. The application of the UN Convention on Contracts for the International Sale of Goods is excluded. In the case of consumers who have their residence or habitual abode within the European Union but outside the Federal Republic of Germany, this choice of law shall only apply insofar as it does not deprive the consumer of the protection granted by mandatory legal provisions of the state in which he has his residence or habitual abode.
§ 12 Severability clause
Should individual provisions of the contract including these provisions be invalid in whole or in part, the validity of the remaining provisions or parts of such provisions shall remain unaffected.