General Terms and Conditions (GTC)

bc GmbH, hereinafter referred to as bc
Last updated 28.05.2022

Section 1 General

  1. The following General Terms and Conditions apply to all business relations between us and the customer. The version valid at the time of the conclusion of the contract is applicable in each case.
  2. Within the context of these terms and conditions, "customer" exclusively refers to consumers. A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity, in accordance with Section 13 of the German Civil Code (BGB).
  3. 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.

Section 2 Conclusion of contract

  1.  The conditions for our goods are subject to change and non-binding. Our presentation of goods on the Internet does not constitute an offer, but a non-binding invitation to the customer to order.
  2. The online order constitutes a legally binding offer from the customer to conclude a purchase contract with us. After the order has been placed, we will send the customer an email in which we will confirm receipt of the order. This confirmation of receipt via email does not constitute acceptance, but merely informs the customer that we have received their order. The receipt of an order by telephone does not constitute a binding acceptance by us. The order is accepted:
    •  In the event of payment in advance when requested to do so via email
    •  In the event of payment by credit card with collection of the amount
    •  When the ordered product is dispatched and the customer receives a dispatch confirmation, i.e. we have confirmed dispatch to the customer in a second email. If the order is shipped in more than one package, the customer may receive a separate dispatch confirmation for each package. In this case, a separate purchase contract is concluded between us for each dispatch confirmation regarding the products listed in the respective dispatch confirmation.
    If there are several alternative methods available, the contract is concluded with the alternative that is executed first.
  3. We are not obliged to accept online orders. We are entitled to accept the contractual offer contained in the order within two working days.
  4. We are entitled to limit the order to normal household quantities.
  5. If the products are not available or only partially available, the customer will be informed immediately. The consideration will be refunded immediately.
  6. The contractual language is German.
  7. Upon acceptance of the contractual offer or upon notification thereof, we will send the customer the terms of the contract via email with details of the ordered goods, including these GTC and the guidance regarding revocation. We retain the contract and a copy of our General Terms and Conditions valid at the time of the conclusion of the contract.

Section 3 Delivery

The goods will be delivered to the delivery address specified by the customer. Delivery times are listed at https://www.bike-components.de/en/service/shipping/

Section 4 Remuneration

  1. The price offered is binding. All prices are in euro and include statutory VAT if the goods are not exported outside the EU. In the case of shipment purchases, the price includes a flat-rate shipping cost in accordance with Section 5 of these General Terms and Conditions.
  2. The customer may use any of the following payment options: advance payment, credit card, PayPal, Amazon Pay or cash on delivery. We reserve the right to exclude individual payment methods. Deliveries abroad can be paid via advance payment, credit card, PayPal or Amazon Pay. Credit cards will be charged on the day on which the order is made.
  3. There is no minimum order value.
  4. Customers who export the goods from the EU can be refunded the VAT, provided that the customs authorities issue the corresponding certificate. For this purpose, the customer must provide us with a proper original export certificate bearing a customs stamp. In the event of a refund to an overseas bank account, the customer bears the transfer costs incurred.
  5. If the customer chooses to pay via PayPal, the customer may concluded an instalment payment agreement directly with PayPal, provided that PayPal approves such an agreement. The customer's credit rating is checked by PayPal in real time. The instalment payment agreement is concluded between the customer and PayPal. The customer can find further information on PayPal instalment payments here: https://www.paypal.com/de/webapps/mpp/paypal-instalments.
    The customer can find the PayPal General Terms and Conditions here https://www.paypal.com/de/webapps/mpp/ua/legalhub-full?locale.x=de_DE 
    Information on the credit check undertaken by PayPal can be found here https://www.paypal.com/de/webapps/mpp/ua/creditchk?locale.x=de_DE.
  6.  If the customer chooses to pay via Amazon Pay, the payment will be processed via the payment service provider, Amazon Payments Europe S.C.A., J.F.Kennedy, L-1855 Luxembourg (Amazon Payments), subject to the Amazon Payments Europe user agreement, which can be found here: https://pay.amazon.co.uk/help/201751590?ld=APDELPADirect. When the Amazon Pay button is clicked, an Amazon login window opens in which the customer is requested to log in to their Amazon account using their Amazon password. Amazon Payments informs the customer that the information from their Amazon account will be used to identify them. By registering, the customer agrees to the Amazon privacy policy and user agreements — Amazon will also inform the customer that this is the case.
  7. If the customer chooses to pay via credit card, the customer agrees that their data from the contractual relationship with bc GmbH may be forwarded to SIX Payment Services (Europe) S.A. 10, rue Gabriel Lippmann, 5365 Munsbach, Luxembourg to the extent necessary for transaction processing or risk verification.
  8. If the customer chooses to pay via Klarna, the payment is processed via the payment service provider, Klarna AB, Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter referred to as "Klarna"). The General Terms and Conditions of Klarna can be found here: https://www.klarna.com/uk/terms-and-conditions/. In cooperation with Klarna, we offer the following payment methods: Invoice — 14 days, direct debit and immediate purchase. The Klarna option is only available to consumers. Payment is made directly to Klarna. If the customer chooses the option, Invoice — 14 days, they get a payment period of 14 days and receive the goods in advance. Information on purchasing on account can be found herehttps://cdn.klarna.com/1.0/shared/content/legal/terms/29534/de_de/invoice?fee=0,00

Section 5 Shipping costs

  1. The customer shall bear the costs of shipment from our place of business.
  2. Customers can find the shipping costs at: https://www.bike-components.de/en/service/shipping/

Section 6 Revocation for buyers

The right of revocation only applies to consumers, as stipulate in Section 1 Paragraph 2.

I. Right of revocation for the purchase of goods that cannot be packaged (haulage goods)

You have the right to revoke this contract within fourteen days without the need to provide a valid reason. The revocation period is fourteen days from the date on which you or a third party designated by you—who is not the carrier—takes possession of the goods. In order to exercise your right of revocation, you must contact us at

bc GmbH,
Carlo-Schmid-Straße 12,
52146 Würselen,

Email: info@bike-components.de
Tel.: +49 (0) 2405 450045

with a clear statement (e.g. a posted letter or email) informing us of your decision to revoke this contract. You can use the supplied sample revocation form to do this; however, the template's use is not mandatory. In order to comply with the revocation period, it is sufficient to send the notification of your intent to exercise your right of revocation before the revocation period expires.

Consequences of revocation

If you revoke this contract, we are obliged to refund to you all received payments from you, including delivery costs (with the exception of any additional costs incurred due to your selection of a type of delivery other than the most cost-effective standard delivery as offered by us) without delay and at the latest within fourteen days from the date on which we received the notification of your revocation of this contract. In order to issue your refund, we will use the same payment method that you used in the original transaction, unless otherwise expressly agreed with you; in no way will we charge you a fee for this reimbursement.

We will collect the goods at our expense. You are only required to pay for any loss in value of the goods if this loss in value is due to handling the goods in a way that is not necessary for checking the quality, characteristics and functioning of the goods.

End of guidance regarding revocation

II. Right of revocation for the purchase of packaged goods (standard goods)

You have the right to revoke this contract within fourteen days without the need to provide a valid reason. The revocation period is fourteen days from the date on which you or a third party designated by you—who is not the carrier—takes possession of the goods. In order to exercise your right of revocation, you must contact us at

bc GmbH,
Carlo-Schmid-Straße 12,
52146 Würselen,

Email: info@bike-components.de
Tel.: +49 (0) 2405 450045

with a clear statement (e.g. a posted letter or email) informing us of your decision to revoke this contract. You can use the supplied sample revocation form to do this; however, the template's use is not mandatory. In order to comply with the revocation period, it is sufficient to send the notification of your intent to exercise your right of revocation before the revocation period expires.

Consequences of revocation

If you revoke this contract, we are obliged to refund to you all received payments from you, including delivery costs (with the exception of any additional costs incurred due to your selection of a type of delivery other than the most cost-effective standard delivery as offered by us) without delay and at the latest within fourteen days from the date on which we received the notification of your revocation of this contract. In order to issue your refund, we will use the same payment method that you used in the original transaction, unless otherwise expressly agreed with you; in no way will we charge you a fee for this reimbursement. We may refuse to make the repayment until we have received the returned goods or until you have submitted evidence that you have returned the goods, depending on which is the earlier point in time. You must return or surrender the goods to us without delay and in any case within fourteen days from the date on which you notified us about the revocation of this contract. The terms will be met if you dispatch the goods prior to the expiry of the fourteen-day period. You shall bear the direct costs of returning the goods. You are only required to pay for any loss in value of the goods if this loss in value is due to handling the goods in a way that is not necessary for checking the quality, characteristics and functioning of the goods.

End of guidance regarding revocation

III. Revocation form

If you wish to revoke the contract, please fill out this form and return it.

To
bc GmbH,
Carlo-Schmid-Straße 12,
52146 Würselen,  

Email: info@bike-components.de

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following services (*)

_______________________________________________________

_______________________________________________________

Ordered on (*) __________ / received on (*) ________________

_________________________________________________
Name of the consumer(s)

_________________________________________________
Address of the consumer(s)

_________________________________________________
Signature of the consumer(s) (only if printed)

______________________
Date

(*) Delete as appropriate

 

Our request:

A note from us that is not the subject of the guidance regarding revocation but that will make the process easier for you: We will gladly send you a DHL return label. Please visit www.bike-components.de. This service is free of charge for returns from Germany, Belgium, Luxembourg, the Netherlands and Austria. We charge €5.00 for the return label from other EU countries. The €5.00 will be charged against the returned goods. The return labels are merely one of our services and not a prerequisite for exercising your right of revocation — you are entitled to this in any case.

Special note:

Affiliated/financed contracts

If you finance this contract by means of a loan and revoke the contract later, you are also no longer bound by the loan agreement, provided that both contracts form an economic unit. This is especially applicable if we are also your lender, or if your lender cooperates with us with regard to the financing. If the loan has already accrued to us when the revocation takes effect, your lender will enter into our rights and obligations under the financed contract in relation to you with regard to the legal consequences of the revocation or return. The latter does not apply if the subject of this contract is the acquisition of financial instruments (e.g. securities, foreign exchange or derivatives).

If you wish to avoid a contractual obligation, make use of your right of revocation and also revoke the loan agreement if you are also entitled to a right of revocation for this.

Section 7 Warranty                                                                                 

(1) Statutory warranty rights apply. If the customer chooses compensation for damages or reimbursement of futile expenses, the limitations of liability stipulated in Section 9 of these GTC apply.

(2) For consumers, the warranty period is two years from receipt of the goods.

(3) We do not give any guarantees to customers in the legal sense. Manufacturer's guarantees remain unaffected by this.

Section 8 Right of return for unused goods

bc grants the customer, independently of and in addition to the right of revocation discussed in Section 6, a 100-day right of return, starting on delivery of the goods. This right of return applies only to goods that have not been used. Insofar as the customer has carried out an "inspection of the quality, characteristics and functioning" of the goods in accordance with Section 6 and Section 7, this will not be deemed to be "using" the goods. 

Section 9 Limitations of liability

The following liability exclusions and limitations apply to any liability borne by us for damage and expenses incurred in vain, without prejudice to the other legal requirements for claims.

(1) We are liable if we are guilty of intent or gross negligence. We are only liable for simple negligence in the event of a breach of an obligation, the fulfilment of which is a prerequisite for the proper performance of the contract and the observance of which the contractual partner may regularly rely on ("cardinal obligation"). In all other respects, liability for damages of any kind, regardless of the basis of the claim, including liability for fault in conclusion of a contract (culpa in contrahendo), is excluded.

(2) Insofar as we are liable for simple negligence pursuant to Paragraph 1, our liability shall be limited to the damage that we could typically expect to occur according to the circumstances known at the time of conclusion of the contract.

(3) The above exclusions and limitations of liability do not apply if we have given a guarantee for the quality of the goods, nor for damages that are to be compensated under the German Product Liability Act, nor for damage to life, body or health.

(4) In cases of simple (minor) negligence in accordance with Paragraph 1 Sentence 2, we are not liable for indirect or unforeseeable damages, nor for consequential damages (especially in the case of purely economic loss and lost profit)

(5) The above exclusions and limitations of liability also apply in favour of our employees, vicarious agents and other third parties whose services we use for the performance of the contract.

Section 10 Retention of title

  1. The delivered goods remain our property until the customer has paid in full. 
  2. The customer is obliged to treat the goods with care for the duration of the retention of title. If maintenance and inspection work is required, the customer must carry this out regularly at their own expense. The customer must inform us immediately in writing or text form of all access by third parties to the goods, especially in the case of enforcement measures, as well as of any damage to or destruction of the goods. The customer will notify us immediately of any change of ownership of the goods and of any change of address. The customer will compensate all damages and costs arising from a breach of these obligations and from necessary intervention measures against access to the goods by third parties. 
  3. We are entitled to withdraw from the contract if the customer's conduct is in breach of contract, especially in the case of default in payment. We are also entitled to demand the return of the goods after validly declaring withdrawal from the contract. In addition, we are entitled to withdraw from the contract in the event of a breach of an obligation pursuant to Paragraph 2, and to demand the return of the goods if it is no longer reasonable to adhere to the contract.

Section 11 Packaging

The sales packaging distributed by us is part of the exemption system operated by Zentek GmbH & Co. KG, Ettore-Bugatti-Str. 6-14, 51149 Cologne, Germany, and can therefore be placed in the containers used by this company (yellow bag and yellow container for lightweight plastic packaging, scrap paper container for paper and cardboard, or glass container for glass). 

Section 12 Dispute resolution

  1. The EU Commission provides an online platform for online dispute resolution (ODR platform). This can be accessed via the following link:
    https://ec.europa.eu/consumers/odr/. Consumers have the opportunity to use this platform to settle their disputes. We are not willing to participate in out-of-court arbitration.
  2. We are not obligated or willing to participate in a consumer dispute resolution procedure in accordance with the Act on Alternative Dispute Resolution in Consumer Matters (VSBG).

Section 13 Place of jurisdiction and applicable law

  1. The laws of the Federal Republic of Germany apply. For consumers who do not conclude the contract for professional or commercial purposes, this choice of law applies 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 do not apply. 
  2. If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract will be our registered office. The same applies if the customer does not have a general place of jurisdiction in Germany or if the customer's domicile or habitual place of residence is not known at the time of the legal action.
  3. Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become invalid in whole or in part, this will not affect the validity of the remaining provisions.

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

bc GmbH
Commercial Register Aachen HRB25211
VAT ID No: DE191317292

Place of business:
Würselen, Germany

Authorised representatives:
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

 

ElektroG

DE: WEEE-Reg.-Nr. DE 39935799