Information

General Terms and Conditions of Business / Right to Return

§ 1 Scope of application

(1) The following terms and conditions of business are an integral part of each contract between internetstores AG, Rotenwaldstraße 154, 70197 Stuttgart, as represented by its director Rene Marius Köhler, and having its registered office at this same address (hereinafter referred to as: internetstores AG) and the customer (hereinafter referred to as: customer) as well as their legal successors.

(2) internetstores AG provides and performs its services and deliveries exclusively on the basis of these General Terms and Conditions of Business.

§ 2 Privacy
Our privacy information applies with regard to privacy.

§ 3 Contract / Contractual services
(1) The presentation of internetstores AG’s products, in particular in brochures, advertisements and on the internet, does not constitute a binding offer by internetstores AG.

(2) In the case of payment via bank transfer, the contract is concluded once the confirmation of order has been sent to you by e-mail. In the case of payment via surname, credit card, and hire purchase, the contract is concluded once a separate shipping confirmation has been transmitted by e-mail and the ordered product has been sent to the shipping address provided by you. In the case of pick up by the customer, the contract is concluded once the goods have been handed over.

(3) internetstores AG retains the right to reject customer requests in individual cases.

(4) Orders and shipping addresses outside of the United Kingdom will not be accepted. Any payments that have already been made will be transferred back or credited to a credit card account, as applicable in each case.

§ 4 Terms of delivery / Shipping costs
(1) Delivery is made from internetstores AG’s stock room to the delivery address provided by the customer, as far as no variation, as confirmed in writing, has been agreed upon.

(2) Partial deliveries are permitted and shall be considered to be stand-alone deliveries except where, as an exception, a partial delivery is unacceptable to the customer. The customer will not be charged any additional costs that are incurred hereby.

(3) internetstores AG strives to comply with the specified deadlines. Should internetstores AG default, the customer may rescind the contract in accordance with the following provisions.

(4) Orders as well as any services will be carried out by internetstores AG only if there are no outstanding debts from other contracts. Payments will first be used to settle any outstanding claims, interest, and costs, in chronological order of each payment due date.

§ 5 Limitation period / Passing of risk
(1) The statutory period of limitation for any claims arising from defect liability is 24 months and commences upon delivery of the purchase object. If the customer is a trader (§ 14 German Civil Code), the period of limitation is 12 months from the time of delivery of the object.

(2) The legal provisions and the duties to inspect the delivered goods and to give notice of any defects in accordance with the German Commercial Code shall be applicable to merchants.

§ 6 Payments terms
(1) The prices displayed on the website www.bikester.co.uk at the time of ordering shall be applicable.

(2) The purchase price is due immediately upon conclusion of the contract. Payment for the goods shall be carried out by means of one of the payment methods indicated within the framework of the ordering process and as chosen by the customer. In the case of payment by credit card, your credit card company will be instructed to collect the invoiced amount at the time of delivery of the goods.

(3) All prices shall be considered to be the end customer prices and include the statutory value-added tax.

(4) In the case of payment default on the part of the customer, the customer is obliged to pay default interest to internetstores AG at the rate of 5% above the base interest rate, if the customer is a user (§ 13 German Civil Code). If the customer is a trader (§ 14 German Civil Code), § 6 para. 4 sentence 1 applies with the stipulation that the default interest rate is 8% above the base interest rate.

(5) Irrespective of § 6 para. 4, internetstores AG may at its discretion establish the existence of higher default damages or any other damages.

(6) The customer is entitled to offset any damages only if the counter claims are undisputed or have been established in a legally valid manner. A customer who is a trader is entitled to assert a right of retention only by reason of counter claims arising from the concluded contract.

(7) internetstores AG reserves the right to charge an appropriate processing fee, to be determined in each individual case, for return debit notes arising from direct debit or credit card reverse transactions, unless the customer is not responsible for the return debit note or the credit card reverse transaction.

(8) All shipping costs, in particular packaging, transportation costs, transportation insurance, and delivery, shall be at the customer’s expense. All prices and additional costs will be calculated in accordance with the price lists that are used by internetstores AG at the time the goods are prepared and given up for shipping.

(9) In the case that internetstores AG incurs additional shipping costs by reason of an incorrect shipping address or an incorrect recipient having been stated, the customer shall reimburse internetstores AG these costs, unless the customer is not responsible for the incorrect details.

§ 7 Retention of title
internetstores AG retains ownership of the delivered goods until all claims, including payment balance and additional claims, to which internetstores AG is entitled on any legal ground as against the customer now or in the future, have been fulfilled.

§ 8 Limitation of liability / Indemnity

(1) With the exception of any injury to life, body, and health and any breach of essential contractual obligations (cardinal obligations), internetstores AG is liable only for damages which have been brought about by intentional or grossly negligent behaviour. This also applies to indirect and consequential damages, such as, in particular, loss of profits.

(2) Except in the case of intentional or grossly negligent behaviour, or in the case of damages arising from any injury to life, body, and health, and in the case of any breach of essential contractual obligations (cardinal obligations), any liability as against users is limited to those damages that are typically foreseeable at the time the contract is concluded and is otherwise limited in its amount to the average damages that are typical for a contract. This also applies to indirect and consequential damages, such as, in particular, loss of profits.

(3) Except in the case of any injury to life, body, and health, or in the case of intentional or grossly negligent behaviour by internetstores AG, any liability as against traders is limited to those damages that are typically foreseeable at the time the contract is concluded and is otherwise limited in its amount to the average damages that are typical for a contract. This also applies to indirect and consequential damages, such as, in particular, loss of profits.

(4) The limitation of liability in paragraphs 1 to 3 applies analogously also in favour of internetstores AG’s employees and vicarious agents.

(5) Any liability claims on grounds of the German Product Liability Act shall remain unaffected.

§ 9 Applicable law / Miscellaneous provisions
(1) The law of the Federal Republic of Germany shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Any mandatory provisions of the state in which the customer has his/her habitual residence shall remain unaffected.

(2) In the case that the customer is a trader, a legal person under public law or a special fund under public law, or if the customer does not have a domestic general address for service or if he/she has relocated his/her place of residence abroad after conclusion of the contract or where his/her place of residence is not known at the time a claim is made, the place of fulfilment and the place of jurisdiction for any disputes arising from our contract shall be the seat of internetstores AG.

(3) Should any individual provisions in this contract be legally ineffective or be in contravention of the statutory provisions, the contract will not be otherwise affected hereby.

Status June 2008