General Terms and Conditions
These General Terms and Conditions are the basis for the sale of goods from our webshop. Please read the General Terms and Conditions through carefully, referring in particular to the right of revocation in accordance with § 3 and the limitation of liability in § 10.
§ 1 Subject of the contract, scope of application
1. These General Terms and Conditions apply to all purchases made from
Managing directors: Anthonie Anbeek, Christoph Mannel
Tel.: 09721-65 01-0
Entry in commercial register
Court of registration: Schweinfurt
Registration number: 2657
VAT ID number in accordance with §27a of Germany’s Value Added Tax Act:
DE 133 89 84 84
via the company’s webshop (www.haibike.com/de/en).
2. The goods and services offered in our webshop are exclusively directed to customers of legal age, i.e. those who have reached the age of 18, and are intended only for consumers. A consumer is any natural person who enters into a legal transaction for purposes not attributable to commercial or self-employed professional activities.
3. The goods and services concerned are offered exclusively on the basis of our General Terms and Conditions. The contractual language is German.
4. The General Terms and Conditions are available at https://www.haibike.com/de/en/about-haibike/terms-and-conditions and can be saved and printed out.
§ 2 Conclusion of contract
1. Our online presentation does not constitute a binding offer to conclude a sales contract with us. Instead it offers a non-binding possibility to order goods from us online.
2. A binding offer to conclude the corresponding purchase contract is only made when the relevant "Buy now" button is clicked. If the customer chooses financing through Klarna, the customer will be forwarded to Klarna. In this case an order only becomes effective when the financing is approved by Klarna.
3. As soon as we have received the binding order, the customer is sent an automatically generated email confirming receipt of the order. This order acknowledgement is not yet an acceptance of the customer's offer. The contract is not yet concluded with this confirmation of receipt of the order.
4. The purchase contract for the ordered goods is only concluded when we expressly declare acceptance or when we send the goods, even without prior express acceptance, to the customer or the selected authorised dealer.
§ 3 Information for consumers on the right of revocation
You have the right to revoke the contract within a period of 14 days without giving reasons. The revocation period runs from the day on which you or a representative appointed by you, who does not carry out the transport of the goods, have taken possession of the goods.
The goods from the online shop are offered by
Tel.: 09721-65 01-0
Fax: 09721-65 01-45
In order for you to exercise your right of revocation, you must inform us in a clear statement (either a letter sent by post, fax or email) of your decision to revoke the contract.
We must also point out that in order to comply with the revocation period, it is sufficient to send the notification of your exercise of the right of revocation before the end of the revocation period (the postmark will be taken as proof).
Consequences of revocation
If you exercise your right of revocation, we will refund all payments we have received from you within 14 days at the latest. The period is calculated from the day on which we receive the notice of revocation. The refund will be made in the same way as the payment was made to us (e.g. chargeback if payment was made by credit card).
This does not apply in cases where other agreements exist between us.
No fees are charged for the exercise of the right of revocation. The refund can be withheld until the ordered goods have been returned to us or you have provided proof that the goods were delivered to our authorised dealer. Whichever date is earlier will be decisive.
If you exercise your right of revocation, you must immediately and in any case within a period of 14 days at the latest, calculated from the day on which you sent the notice of revocation, return the goods to our authorised dealer or send them back to us. The deadline will be considered met if you return the goods before the 14-day deadline has expired.
You will only be liable for any loss in value of the goods if this loss in value is due to treatment that is not necessary for testing the condition, properties and functioning of the goods.
The right of revocation is excluded in the case of goods that are not standard productions, for whose production an individual selection or specification by you is decisive or which are clearly customised for your personal requirements.
Please avoid damage and soiling. If you return the goods yourself, please use the original packaging with all components and accessories as they were sent to you. Use protective outer packaging. If you no longer have the original packaging, please provide suitable packaging so that the goods are protected from transport damage. Otherwise we must assert claims for compensation in the event of damage. It is expressly pointed out that these provisions are not prerequisites for the effective exercise of the right of revocation. In this context we would also like to point out that it is best to have the goods returned to us by your authorised dealer.
§ 4 Prices
The prices stated in the online shop are gross, i.e. they include the statutory rate of value added tax and other price components.
§ 5 Payment
1. The purchase price is paid either by immediate bank transfer or via the payment service providers listed in the online shop. If the purchase is financed, the financing bank undertakes the payment.
2. If payment is to be made by credit card, the purchase price will be authorised on the credit card account indicated when the order is placed. The actual charge is made at the time the ordered goods are dispatched.
3. When paying with the payment service provider PayPal, the purchase price is debited to the named PayPal account at the time of the order.
4. Payment by immediate bank transfer means that at the time of the order the purchase price is transferred from the named bank account. If payments are not made due to lack of funds in the account or due to incorrectly transmitted bank account details, the customer must bear the costs of a chargeback.
5. For payment with financing, the terms of payment agreed with the financing bank will apply.
§ 6 Delivery
1. The delivery takes place in Germany.
2. Unless otherwise agreed, delivery is made to the authorised dealer named by the customer.
3. In the case of bicycles and e-bikes, the delivery time is up to 10 days after the confirmed order. Shorter or even deviating delivery times are shown on the individual product page.
4. If not all ordered products are in stock, we can make partial deliveries of the order, if this is reasonable for the customer. The receipt of the last part delivery is decisive for the compliance with any deadlines.
5. Deliveries are subject to the availability of the goods. If any goods are not available at the time of ordering, the customer will be informed if and when delivery is possible. The order is will only be noted by us. As soon as the goods are in stock again, they will be shipped to the customer without any further notification. If a marked limited stock of goods is exhausted, the customer must be informed of the non-availability. If payments have already been made, we will then reimburse these immediately.
§ 7 Retention of title
The goods remain the property of the seller until full payment of the purchase price.
§ 8 Transport damage
1. If the goods are delivered with transport damage, please report any visible defects immediately to the delivery driver or the authorised dealer and ask them to contact us immediately.
2. Failure to lodge a complaint or to contact us has no consequences for the applicable statutory warranty rights. However, contacting the seller as soon as possible helps the seller to assert its own claims against the carrier or its transport insurance company.
§ 9 Warranty
The statutory warranty provisions apply.
In the event of defective goods, the customer may demand subsequent performance (rectification of defects), withdraw from the contract or reduce the purchase price. The warranty period is two years from receipt of the goods.
§ 10 Liability
1. The seller is liable for intent and gross negligence and also for the negligent breach of obligations whose fulfilment is essential for the proper execution of the contract, whose breach endangers the achievement of the purpose of the contract and on whose compliance the customer can normally rely. In the latter case, however, we will only be liable for the foreseeable damage typical for the contract. The seller will not be liable for a negligent breach of any obligation other than those mentioned above.
2. The above limitations of liability will not apply in the event of injury to life, limb or health. Liability under product liability legislation remains unaffected.
3. Should errors occur in data communication, we must point out that, according to the current state of the technology, we cannot guarantee error-free data transmission and availability at all times. We can therefore also not be held liable for the constant and uninterrupted availability of the online shop.
§ 11 Data protection
§ 12 Concluding provisions
1. The respective current General Terms and Conditions which are referred to in the context of the order apply to orders placed by the customer.
2. Amendments and supplements to these General Terms and Conditions must be made in writing.
3. The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions of the state in which the customer has his/her usual residence remain unaffected.
4. If the customer had his/her domicile or usual place of residence in Germany at the time of conclusion of the contract and has either relocated it at the time legal action is taken or his/her place of residence is unknown at that time, the place of jurisdiction for all disputes will be the registered office of our company. If the customer does not have his/her domicile or habitual residence in a member state of the European Union, the courts at our registered office will have exclusive jurisdiction for all disputes.
5. If individual provisions of this contract are ineffective or conflict with legal regulations, the effectiveness of the rest of the contract will not be affected. The invalid provision will be replaced by the parties to the contract by mutual agreement by whatever legally valid provision comes closest to the business sense and purpose of the invalid provision. The above provision will apply correspondingly in the event of omissions.