General Terms and Conditions (GTC)

bc GmbH & Co. KG, hereinafter bc
Last updated 27.06.2019

§ 1. General Information

  1. The following General Terms and Conditions apply to all business relations between us and the customer. The version valid at the time of conclusion of the contract shall be decisive.
  2. Customers within the meaning of these Terms and Conditions are exclusively consumers.
  3. Any deviating, conflicting or supplementary General Terms and Conditions shall not become part of the contract even if they are known, unless their validity is expressly agreed in writing.

§ 2. Conclusion of Contract

  1. The conditions for our goods are subject to change without notice and are not binding. Our presentation of goods on the Internet does not constitute an offer, but rather a non-binding request to the customer to order. Technical as well as other changes in form, colour or weight are reserved within the scope of what is reasonable.
  2. The online order only represents an offer from the customer to bc to conclude a purchase contract. The confirmation of receipt of the order by email does not constitute acceptance, but rather informs the customer that bc has received their order. Receipt of a telephone order does not constitute a binding acceptance by bc. Acceptance of the order takes place through dispatch of the goods or in the case of advance payments, by request for payment by email.
  3. bc reserves the right not to accept online orders. bc is entitled to accept the contract offer contained in the order within two weeks. In the case of goods ordered electronically, bc is entitled to accept the order within three working days after receipt by bc.
  4. bc is entitled to limit the order to a household quantity.
  5. The conclusion of the contract shall be subject to the reservation that, in the event of incorrect or improper self-supply, it shall not be possible to provide the delivery or only provide it in part. This shall only apply in the event that the non-delivery is not the responsibility of bc.
  6. In the event of unavailability or only partial availability of the goods, the customer shall be informed immediately. The consideration shall be refunded immediately.
  7. The contractual language is German.

§ 3. Delivery

The goods shall be delivered to the delivery address specified by the customer.

§ 4. Compensation

  1. The price offered is binding. All prices are in euro and if the goods are not exported from the EU, include statutory VAT. In the case of shipment purchases, a flat rate shipping cost will be added to the price in accordance with Section 5 of the General Terms and Conditions.
  2. The customer can choose to pay by advance payment, credit card, PayPal, Amazon Pay or cash on delivery. bc reserves the right to exclude individual payment methods. Deliveries abroad can be paid by advance payment, credit card, PayPal or Amazon Pay. Credit cards are charged on the day on which the order is made. When only ordering vouchers/gift cards, you cannot pay with cash on delivery.
  3. There is no minimum order value.
  4. Customers who export the goods from the EU may be reimbursed the VAT if the customs authorities issue the corresponding certificate. For this purpose, the customer must provide us with a proper, original copy of the export certificate stamped by the customs authorities. In the event of a refund to a foreign bank account, the customer shall bear the transfer costs incurred.
  5. The customer can conclude an instalment agreement. We cooperate with Ratenzahlung Powered by PayPal. bc commissions PayPal with the credit check and the application procedure. The customer's credit rating is checked by PayPal in real time. The instalment agreement is concluded between the customer and bc. bc issues the payment request to PayPal and PayPal collects the amount receivable in its own name. Upon conclusion of the instalment agreement, the purchase price is deferred and paid in instalments. The payments can be found in the payment plan, which is shown to the customer in the PayPal application flow. For further information on Ratenzahlung Powered by PayPal, please visit: www.paypal.de/ratenzahlung
  6. The customer will only be offered a partial payment transaction if they provide PayPal with a SEPA direct debit mandate in the application flow or if they agree to any other payment method provided by PayPal. An instalment agreement requires the customer to pass a positive credit check.
  7. bc has authorised PayPal to terminate the instalment transaction with the customer in the event of the delay on the part of the customer, if the customer is in default in whole or in part of at least two consecutive instalments and with at least 10% for a term of the instalment agreement of more than 5% of the nominal amount of the loan and PayPal has unsuccessfully set the customer a two-week period for payment of the arrears with the declaration that in the case of non-payment within the period, the entire remaining debt will be required. In this case, PayPal can make the entire transaction sum due with immediate effect.
  8. The customer has the right to fulfil its obligations under the instalment agreement ahead of time at any time, in whole or in part. If the customer meets its obligations ahead of time or if the remaining debt is due before the agreed time due to termination, the total costs shall be reduced by the interest and other life-time-dependent costs, which in the case of a staggered calculation, are attributable to the time after the due date or fulfilment. The total cost includes all financial obligations that the customer must bear in the course of regular contract, beyond the repayment of the loan.
  9. If the customer selects Amazon Pay as the payment method, the payment transaction will be processed via the payment service provider Amazon Payments Europe s.c.a., J.F.Kennedy, L-1855 Luxembourg (Amazon Payments), under the application of the Amazon Payments Europe User Agreement, available at https://pay.amazon.com/uk/help/201751590. When you click the Amazon Pay button, an Amazon login window opens prompting you to log in to your Amazon account using your Amazon password. Amazon Payments will inform you that your Amazon account information will be used to identify you. By registering, you agree to the Amazon Privacy Notice and user agreements; Amazon will also inform you of this.
  10. When the customer opts to pay using a credit card, the customer agrees for their data arising from the contractual relationship with bc GmbH & Co. KG to be transferred to Six Payments Services (Europe) S.A., rue Gabriel Lippmann, 5365 Munsbach, Luxembourg to the extent required for transaction processing and for risk analysis, respectively.

§ 5. Shipping Costs

  1. The customer shall bear the costs of shipping from bc's place of establishment.
  2. The shipping costs can be found at: www.bike-components.de

§ 6. Withdrawal for Purchases WITHOUT Instalment Agreement

The right of withdrawal applies only for consumers.

Withdrawal policy:

  1. Right of withdrawal:

    You have the right to withdraw from this contract within 14 days without stating any reasons. The withdrawal period is 14 days from the date on which you or a third party named by you, who is not the carrier, have/has acquired possession of the last goods. To exercise your right of withdrawal, you must inform us at bc GmbH Co. KG, bike-components, Carlo-Schmid-Strasse 12, 52146 Würselen, Germany, info@bike-components.de,Tel: +49 (0)2405 450045, Fax: +49 (0)2405 450046 by means of a clear statement (e.g. a postal letter, fax or email) about your decision to withdraw from this contract. You can use the enclosed sample withdrawal form, however, this is not mandatory. You can also fill out and submit the sample withdrawal form or any other clear statement electronically on our website [www.bike-components.de]. If you make use of this option, we shall send you immediate confirmation (e.g. by email) of receipt of such a withdrawal. In order to maintain the withdrawal period, it is sufficient for you to send the notice about the exercise of the right of withdrawal before the withdrawal period expires.
  2. Consequences of withdrawal:

    If you withdraw from this contract, we must return all payments that we have received from you, including delivery costs (excluding additional costs that result from you choosing a different method of delivery to the cheapest, standard delivery offered by us) immediately and at the latest within 14 days of the date on which we receive notification of your withdrawal from this contract. We shall use the same payment method for this repayment that you used in the original transaction unless we have expressly agreed otherwise with you; under no circumstances will you be charged fees for this repayment. We can deny repayment until we have received the goods back or until you have provided us with proof that you have dispatched the goods back to us, depending on which takes place earlier. You must return or hand over the goods to us immediately and in any case, at the latest within 14 days of the day on which you notify us of your withdrawal from this contract. The requirement of notice shall be deemed satisfied when you send the goods before expiry of the period of 14 days. You shall bear the direct costs of the return of the goods. You shall only have to pay for any loss in value of the goods if this loss in value can be attributed to handling that is not necessary in order to check the quality, properties and functioning of the goods. 

End of the withdrawal policy

We will be happy to send you a DHL return label. Visit www.bike-components.de to request one. This service is free of charge for returns from Germany, Belgium, Luxembourg, the Netherlands and Austria. From other EU countries, we charge €5.00 for the return label. The amount will be charged against the returned goods. The return labels are purely a service from us and not a requirement for the exercise of your right of withdrawal – you are entitled to this in any case.

§ 7. Withdrawal for Purchases WITH Instalment Agreement

The right of withdrawal applies only for consumers.

Withdrawal policy:

  1. Right of withdrawal:

    You can withdraw your contract declaration within 14 days without giving reasons. The notice period shall begin after the conclusion of the contract, but only after you have received all mandatory information according to Section 492(2) of the German Civil Code (BGB) (e.g. information on the type of loan, information on the net loan amount, information on the duration of the contract). You shall have received all the required information if you have been included in the copy of your application, or in the copy of the contract certificate intended for you, or in a duplicate of your application or contract certificate intended for you, and such document has been made available to you. You can be informed about mandatory information not included in the contract text at a later date in a durable medium; the withdrawal period is then one month. The start of the withdrawal period must be pointed out to you again with the subsequent mandatory information. In order to maintain the withdrawal period, timely dispatch of the withdrawal shall be sufficient if the declaration is made in a durable medium (e.g. letter, fax, email). The withdrawal should to be addressed to:

    bc GmbH & Co. KG, bike-components, Carlo-Schmid-Strasse 12, 52146 Würselen,info@bike-components.de, Tel: +49 (0)2405 450045, Fax: +49 (0)2405 450046

    Special conditions concerning other contracts

    If you withdraw from this loan contract, you shall also no longer be bound to the purchase contract (hereinafter referred to as "the associated contract"). If you are entitled to a right of withdrawal in respect of the associated contract, you shall no longer be bound to the loan contract upon the effective withdrawal of the associated contract. For the legal consequences of the withdrawal, the regulations made in the associated contract and the withdrawal policy issued for this purpose shall be decisive.
  2. Consequences of the withdrawal:
    If the loan has already been paid out, it must be paid back at the latest within 30 days. The period shall begin with the dispatch of the declaration of withdrawal. No interest shall be charged for the period between disbursement and repayment of the loan.

    Special conditions concerning other contracts

    If you entitled to a right of withdrawal in relation to the associated contract, our claims against you for the payment of interest and costs arising from the rescission of the loan contract shall be excluded in the event of an effective withdrawal of the associated contract. If you are no longer bound to the associated contract as a result of the withdrawal from this loan contract, the mutually received benefits shall be returned to this extent.

    You shall not be obliged to return the object if the contractor involved with the associated contract has offered to pick the object up. In general, you shall bear the direct costs for returning the goods. This shall not apply if the contractor involved with the associated contract has expressed their willingness to bear these costs or has failed to give the consumer notice of their obligation to bear the direct costs of the return. For contracts concluded away from business premises, where the goods have been delivered to the consumer's home at the time of this conclusion, the contractor shall be obligated to pick up the goods at their own expense if the goods were acquired in such a way that they cannot be returned by post. If you are unable or partially unable to return the object entrusted as part of the associated contract, or can only do so in a worsened condition, you shall be obliged to compensate for this damage. This shall, however, only be the case if the loss in value is attributed to handling the goods in a way that was not necessary to inspect the condition, properties and functioning of the goods.

    Objections to associated contracts

    You may refuse to repay the loan if objections entitle you to refuse your services to the contracting party from the associated contract. This shall not apply if the paid fee is less than €200.00 or if the legal basis for the objection is based on an agreement made between you and the other contracting party after the conclusion of the loan contract. If you can demand that the other contracting party fulfil the contract, they can only refuse to repay the loan if the subsequent fulfilment fails.

End of the withdrawal policy

§ 8. Warranty

  1. Consumers shall have the choice of whether subsequent fulfilment is to be carried out by means of repair or replacement. bc is entitled to refuse the type of the chosen subsequent fulfilment if it is only possible with disproportionate costs and the other type of subsequent fulfilment remains without significant disadvantages for the consumer. In the case of companies, bc shall provide a warranty for defects in goods, initially at their choice by means of rectification or replacement delivery.
  2. If the subsequent fulfilment fails, the customer can, in principle, choose to either request a decrease in the remuneration (reduction) or cancellation of the contract (withdrawal) as well as compensation for damages. In the event of only minor defects, the customer shall not be entitled to withdraw from the contract. If the customer chooses compensation, the limitations of liability according to Section 10 of the General Terms and Conditions shall apply.
  3. Consumers must notify bc of any obvious damages to goods within two months of receipt in text form; otherwise, the assertion of the warranty claim shall be excluded.

    Contractors must inspect the delivered goods immediately for any deviations in quality and quantity and notify bc of any noticeable defects within a period of one week from receipt of the goods in text form; otherwise the assertion of the warranty claim shall be excluded. Hidden defects must be notified to bc within one week of their discovery in text form. The timely dispatch shall be sufficient for adhering to this notice period. The contractor shall be solely responsible for providing evidence of any qualifying conditions, especially for the defect itself, for the time that the defect is discovered and for the timeliness of complaints.
  4. For consumers, the warranty period shall be two years from delivery of the goods. For contractors, the warranty period shall be one year from delivery of the goods.
  5. bc does not issue its customers any guarantees in the legal sense. Manufacturer guarantees shall remain unaffected by this.

§ 9. Right of Return for Unused Goods

bc shall grant the customer a 100-day right of return from delivery of the goods, independently of and in addition to the right of withdrawal from Sections 6 and 7. This right of return shall apply only for unused goods. As far as the customer has performed an "inspection of the quality, properties and functioning" of the goods in accordance with Sections 6 and 7, this shall not be considered as usage. 

§ 10. Limitations of Liability

In the case of slightly negligent breaches of duty, the liability of bc as well as its agents shall be limited to foreseeable, contractually typical, immediate average damage.

bc and its agents shall not be liable for slightly negligent breaches of duty concerning non-essential duties, the breach of which does not endanger the performance of the contract.

The above limitations of liability shall not apply to claims of the customer arising from product liability or warranty. Furthermore, the limitations of liability shall not apply to physical injury and damage to health attributable to bc or in the event of loss of the customer's life.

§ 11. Retention of Title

  1. The delivered goods shall remain the property of bc until full payment by the customer.
  2. The customer shall be obliged to treat the goods with care during the existence of the retention of title. If maintenance and inspection work is required, the customer must perform these regularly at their own expense. The customer must inform bc immediately in text form of any access by third parties to the goods, in particular of enforcement measures, as well as of any damage or destruction of the goods. The customer must immediately notify us of a change of ownership of the goods as well as their own change of address. The customer shall compensate for all damages and costs incurred by a breach of these obligations and by necessary intervention measures taken against access by third parties to the goods.
  3. bc shall be entitled to withdraw from the contract and to demand the return of the goods in the event of conduct contrary to the contract by the customer, in particular in the event of delay in payment. In addition, bc shall be entitled to withdraw from the contract in the event of a breach of an obligation pursuant to Para. 2 and to demand the return of the goods if adherence to the contract is no longer to be expected.

§ 12. Packaging

The sales packaging sold by us is included in the exemption system from Landbell AG, Rheinstrasse 4L, 55116 Mainz, and can therefore be placed in the containers used by the latter (yellow bag and yellow container for light packaging made of plastic or waste paper containers for paper, cardboard and cardboard or glass containers for glass). 

§ 13. Dispute Resolution

  1. The EU Commission provides an online dispute resolution platform (OS platform). You can access this via the following link:

    https://ec.europa.eu/consumers/odr/. Consumers have the opportunity to use this platform to resolve their disputes. We are not prepared to take part in an out-of-court arbitration procedure.
  2. We are not obliged or willing to participate in a consumer dispute settlement procedure under the Consumer Dispute Settlement Act (VSBG).

§ 14. Place of Jurisdiction and Applicable Law

  1. The law of the Federal Republic of Germany shall apply. For consumers who do not conclude the contract for professional or commercial purposes, this choice of law shall apply only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply.
  2. If the customer is a merchant, a legal entity under public law or a public special fund, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of bc. The same shall apply if the customer does not have a general place of jurisdiction in Germany or if the domicile or ordinary place of residence is not known at the time of the legal action.
  3. If individual provisions of the contract with the customer including these General Terms and Conditions are or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. 

The website www.bike-components.de is run by:

bc GmbH & Co. KG
Commercial Register Aachen HRA6179
VAT ID No: DE191317292

General Partner:
bc Verwaltungs GmbH
Place of business:
Würselen, Germany
Commercial Register Aachen HRB21024

Authorised representatives:
Klaus Hoenig, Marcus Wenkel, Philipp Simon

HQ/Logistics:
Carlo-Schmid-Straße 12
52146 Würselen
Germany

info@bike-components.de
Telephone: +49(0)2405.450045
Fax: +49(0)2405.450046

Aachen County Court