General Terms and Conditions of Business (GTC)

bc GmbH & Co. KG, hereinafter bc

Last updated 24.07.2017

§ 1 General

  1. The following General Terms and Conditions of Business apply to all business relationships between us and the customer. The version current at the time of the conclusion of the contract is definitive.
  2. Customers within the meaning of these General Terms and Conditions of Business are exclusively consumers.
  3. Divergent, conflicting or supplementary General Terms and Conditions of Business shall not be considered part of the contract, even if already known, unless their applicability has been expressly agreed in writing.

§ 2 Conclusion of the Contract

  1. The Conditions for our goods are subject to change without notice and without obligation. Our presentation of goods in the Internet does not constitute an offer, but is a non-binding invitation to customers to place an order. Technical and other modification in form, colour or weight remain reserved within reasonable bounds.
  2. An on-line order of the customer is only an offer towards the bc Company for conclusion of a purchase contract. The confirmation of receipt of an order by e-mail does not constitute acceptance of the order, but only informs the customer that his order has been received by the bc Company. Receipt of a telephone order does not constitute a binding acceptance by bc. The order is accepted by despatching the goods and/or by payment in advance in response to a demand for payment by e-mail.
  3. The bc Company is free to not accept on-line orders. The bc Company is entitled to accept within two weeks the contractual offer, which consists of the order. In the case of goods ordered by electronic means the bc Company is entitled to accept the order within three working days from receipt of the order by the bike-components Company.
  4. The bc Company is entitled to reduce the order to a household quantity.
  5. The contract is concluded under reservation of proper and correct delivery by our suppliers to us, if not, we are free to refuse contract performance in whole or partly. This shall only apply in case the failure to supply is not attributable to the bc Company.
  6. In the event of non-availability or of only partial availability of the goods the customer shall be notified without delay. The consideration shall be refunded without delay.
  7. The language of the contract is German.

§ 3 Delivery

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

§ 4 Remuneration

  1. The price offered is binding. All prices are in Euros, and when the goods sold remain within the EU, the price includes the statutory Value Added Tax. In the case of sale by delivery to a place other than the place of performance there is an additional charge for shipping costs in accordance with § 5 of the General Terms and Conditions of Business.
  2. Payment will be at the discretion of the customer in advance, via credit card, PayPal or by cash on delivery. The bc Company reserves the right to exclude certain types of payment. Deliveries abroad may be paid by payment in advance, PayPal or credit card. The credit card is charged on the date of order.
  3. There is no minimum order value.
  4. Customers, who export the goods outside the EU, may be refunded the Value Added Tax. For this purpose the customer must submit the original copy of an export certificate, stamped by Customs and Excise in due and proper form. In the event of reimbursement to a foreign bank account, all transfer costs incurred shall be paid by the customer.
  5. The customer may arrange an agreement for instalment payment. We cooperate with Instalment Payment powered by PayPal. bc delegates the credit check and the application process to PayPal. The customer's credit-worthiness will be checked in real time by PayPal. The instalment payment agreement will be concluded between the customer and bc. bc will assign the pecuniary claim to PayPal and PayPal draws the debt in its own name. After signing the agreement for instalment payment, the purchase price is deferred and to be paid in instalments. Payments are scheduled on the payment plan, which is displayed to the customer by PayPal within the order flow. Further information about instalment payment powered by PayPal can be found by customer under: www.paypal.de/ratenzahlung[g1] 
  6. Instalment business is offered to the customer only if the latter provides a SEPA direct debit mandate to PayPal or agrees any other payment method provided by PayPal. The customer shall not be granted an instalment payment agreement until his credit-worthiness has been checked.
  7. bc has authorised PayPal to terminate the instalment payment business with the customer if the customer is in default with payment in whole or in part with at least two consecutive instalments and within at least 10% of the loan and more than 5% of the nominal amount of the loan of a term of the instalment agreement [g2] and PayPal has set the customer a two-week deadline for the payment of the outstanding amount with the declaration that if payment is not received within the deadline, payment of the remaining residual debt shall be demanded. In this case PayPal may require immediate payment of the whole sum for the transaction with immediate effect.
  8.  The customer has the right to settle its liabilities arising from the instalment agreement at any time in full or in part. If the customer pays its debts in advance or the residual debt becomes due by termination prior to the agreed period, the total costs will be reduced by the amount of interest and other term-dependent costs, which cease in the case of graduated invoicing at the time subsequent to the due date for payment or early payment in full. The total costs include all the customer's financial obligations, which the latter must continue to bear, if the contract continues to run routinely subsequent to the repayment of the loan.

§ 5 Shipping costs

  1. The customer shall bear the costs of despatch from the location of the branch office of the bc Company.
  2. Shipping costs can be found under: www.bike-components.de
  3. In the case of despatch by cash on delivery, there is a cash on delivery charge of € 2.00. The customer shall bear the costs of despatch from the location of the branch office of the bc Company.

§ 6 Revocation for purchases WITHOUT Agreement for Payment by Instalments

Only consumers have the right of revocation.

Revocation Guidelines

1. Right of revocation:

You have the right to revoke this contract within 14 days without giving reasons.

The revocation period is 14 days from the date you or any third party nominated by you, which is not the carrier, took possession of the last assignment of goods. In order to exercise your right of revocation, you must notify us,

bc GmbH & Co. KG, bikie-components, Carlo-Schmid-Str. 12, 52146 Würselen, info@bike-components.de, Tel: +49(0)2405.450045, Fax: +49(0)2405.450046 by means of an unambiguous declaration (e.g. in a letter sent by post, in a fax or in an e-mail) of your decision to revoke this contract. You may use the attached Specimen Revocation Declaration Form, but you do not have to use this form.

You may fill out and send the Specimen Revocation Declaration Form or any other unambiguous declaration electronically on our website [www.bike­components.de] and transmit it to us via the website. If you make use of this option, we shall without delay (e.g. by e-mail) send you a confirmation of the receipt of such a revocation.

To meet the revocation period it will be sufficient to send the notification of the exercise of the rights of revocation prior to the expiry of the revocation period.

2. 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) without delay and at the latest within 14 days from the date on which we received the notification of your revocation of this contract. We refund your payment using the same currency you used in the original transaction, unless otherwise expressly agreed with you; in no way we will 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 the 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 14 days from the date, on which you notified us about the revocation of this contract. The period will be met, if you despatch the goods prior to the expiry of the 14 days period. You shall bear the direct costs of returning the goods.

You must pay for any loss in value in the goods, only if this loss of value is attributable to handling the goods in a manner other than necessary for checking properties and condition, features and mode of operation of the goods.

End of Guidance on Revocation

We shall be pleased to send you a DHL return label. To find out more about this, 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 returns from other EU countries. The amount shall be invoiced with the returned goods. The return labels are solely a service provided by us and are not a prerequisite for the exercise of your right of revocation; this is available to you in any case.

§ 7 Revocation for purchases WITH Agreement for Payment by Instalments Only consumers have the right of revocation.

Revocation Guidelines

1. Right of revocation:

You may revoke your statement of contractual agreement within 14 days without giving reasons. The period begins on conclusion of the contract, but not earlier after you having received all mandatory statements pursuant to § 492 paragraph 2 German Civil Code (e.g. statement on the type of loan, statement on the net loan amount, statement on the term of the contract). You have received all the mandatory statements, when they are included in the copy of order or contract document specially executed for you or in a duplicate of the order or the contractual document designated and made available to you. You may be notified subsequently on a permanent data storage device of the mandatory statements not included in the text of the contract; the revocation period then is one month. Simultaneously with the made up mandatory statements you will obligatory be reminded of the start of the revocation period. To meet the revocation deadline timely despatch of the revocation will be sufficient, if the declaration is sent on a permanent data storage device (e.g. letter, fax or e-mail). The revocation must be addressed to:

bc GmbH & Co. KG

bike-components

Carlo-Schmid-Str. 12

52146 Würselen

info@bike-components.de

Tel: +49 (0)2405.450045 Fax: +49 (0)2405.450046

Specifics in case of further contracts

If you revoke this loan agreement, you are no longer bound by the contract for the purchase of the goods (hereinafter: linked contract). If you have a right to revoke the linked contract and if you effectively revoke the linked contract, then you are also no longer bound by the loan agreement. The relevant provisions in the linked contract and the therefore provided Guidance on Revocation apply to the legal consequences of revocation. 

2. Consequences of revocation:

As far as the loan has already been paid out, you must repay it at the latest within 30 days. The period begins with the despatch of the declaration of revocation. No interest is due for the period between out payment and repayment of the loan.

Specifics in case of further contracts

If you have a right of revocation with respect to the linked contract, in the case of effective revocation of the linked contract our claims to the payment of interest and cost arising from the rescission of the loan agreement are excluded. If you are no longer bound by the linked contract by virtue of the revocation of this loan agreement, any benefit regarding this contract received by either party must be returned.

You are not obliged to return the item, if the merchant involved in the linked contract has offered to collect the item. As a matter of principle you bear the direct costs of returning the goods. This shall not apply, if the merchant involved in the linked contract has already declared himself prepared to bear these costs or has omitted to inform the consumer of his duty to bear the direct costs of returning the goods. In the case of contracts concluded outside business premises and the goods delivered to the residence of the consumer at the time of conclusion of the contract, the merchant is obliged to collect the goods at its own cost, if the goods are of such a nature that they cannot be returned by post. If you are unable to return the item delivered by virtue of the linked contract or can only return the item in part or in a deteriorated condition, you must pay compensation in this respect. However, this is relevant only where the loss of value can be attributed to handling the goods in a manner other than necessary for checking properties and condition, features and mode of operation of the goods.

Objections in the case of linked contracts

You may refuse repayment of the loan, if there are objections, which would justify you in refusing your consideration arising from the linked contract as regards the contractual partner. This shall not apply, if the financed fee is less than € 200.00 or if the legal ground for the objection relies on an agreement, which has been concluded between you and the other contractual partner subsequent to the conclusion of the loan agreement. If you have the right to require the other contractual partner to fulfil the contract, he may refuse the repayment of the loan only if supplementary performance has failed

End of Revocation Guidelines

§ 8 Guaranty

  1. Consumers have the choice as to whether supplementary performance is performed by remedy or replacement. The bc Company is entitled to refuse the selected method of supplementary performance, if is it possible only with disproportionate costs and the other method of supplementary performance remains without significant disadvantage for the consumer. In the case of companies the bc Company offers a guarantee for defects in the goods in the first instance at their discretion by supplementary performance or replacement.
  2. If supplementary performance fails, the customer generally may at its discretion demand abatement of the price (reduction) or rescission of the contract (withdrawal) as well as compensation for damages. In the case of only minor defects the customer has no right of withdrawal. If the customer chooses compensation for damages, the limitations on liability according to § 10 of the GTC are applicable.
  3. Consumers must notify the bc Company in writing of obvious defects within two months of receipt; otherwise enforcement of guarantee claims is excluded. Merchants must inspect the goods without delay with respect to variance in quality and quantity and must notify the bc Company of visible defects within a period of one week from receipt of the goods, otherwise enforcement of claims under the guarantee is excluded. Hidden defects must be notified to the bike-components Company within a period of one week from the discovery of the defect. Timely despatch is sufficient to meet the deadline. The merchant bears the full burden of proof for all conditions of entitlement, in particular for the defect itself, for the date on which the defect was identified and for the notice of defect in time.
  4. For consumers the guaranty period is two years from delivery of the goods. For merchants the warranty period is one year from delivery of the goods.
  5. The bc Company gives no warrantees in the legal sense. Manufacturer's warrantees remain hereby unaffected.

§ 9 Return Rights for unused Goods

The bc Company grants the customer independently of and in addition to the right of ­revocation arising from § 6 and § 7 the right to return goods within 100 days of delivery of the goods. This right to return only exists for goods not been taken into use. As far as the customer only has executed a "check on properties, condition and the mode of operation of the goods" in accordance with § 6 and § 7, this shall not be deemed taking the goods into use.

§ 10 Limitation of liability

In cases of slight negligent breaches of duty, liability of the bc Company and their vicarious agents is limited to foreseeable, direct average damage, typical for this type of contract.

There is no liability of bc Company and its vicarious agents for slight negligent breach of duties, not essential to the contract and not jeopardising the implementation of the contract.

The foregoing limitations on liability do not affect claims of the customer arising from product liability or warranty. Furthermore, the limitations on liability do not apply in the case of injury to the person or health of the customer or the loss of life of the customer.

§ 11 Retention of title

  1. Until payment has been received in full from the customer the goods supplied remain the property of the bc Company.
  2. The customer shall be obliged to handle the goods with care during the existence of the retention of title. If servicing and inspection work is necessary, the customer must routinely perform these at his own cost. The customer must notify the bc Company in writing without delay of any access by third parties to the goods, in particular actions of judicial execution, and of any damage to or destruction of the goods. A change of ownership in the goods and a change of address by the customer must be immediately notified by the customer. The Customer shall reimburse the Supplier for all damages and costs, which may arise due to an infringement of this duty or due to any necessary procedures of intervention against access by third parties.
  3. The bc Company is entitled in the case of conduct contrary to the contract by the customer, in particular in the case of delay of payment, to withdraw from the contract and to reclaim the goods. In addition the bc Company is entitled in the case of breach of a duty in accordance with paragraph 2 of the contract to withdraw from the contract and reclaim the goods, if it is no longer reasonable to adhere to the contract.

§ 12 Packaging

The sales packaging marketed by us is part of the exemption system from Landbell AG, Rheinstraße 4L, 55116 Mainz and it may therefore be disposed in the containers used by the latter (yellow sack and yellow barrel for lightweight plastic packaging and used paper containers for paper, paperboard and cardboard and glass containers for glass).

§ 13 Online Dispute Resolution

  1. The European Commission provides an online platform with a list of dispute resolution bodies that offer out-of-court settlement procedures. You can reach the website through the following link: http://ec.europa.eu/consumers/odr/
  2. We are not obligated to participate in an out-of-court settlement procedures by a dispute resolution body and refuse participation. 

§ 14 Court of Jurisdiction and Applicable Law

  1. Applicable law is the law of the Federal Republic of Germany. For consumers, who have not concluded the contract for professional or commercial purposes, this choice of applicable law applies only insofar as the protection granted by mandatory provisions of the law of the state, in which the consumer has his habitual place of residence, has not been withdrawn. The provisions of the United Nations Convention on Contracts for the International Sale of Goods are excluded.
  2. If the customer is a merchant, a legal entity under public law or a special fund under public law, the sole Court of jurisdiction for all disputes arising from this contract is the registered office of the bc Company. The same shall apply, if the customer has no general Court of jurisdiction in Germany or his domicile or normal place of residence is not known on the date on which the action is brought.
  3. Should provisions of the contract with the customer, including these General Terms and Conditions of Business, be or become invalid in whole or in part, the validity of the remaining provisions shall not be affected thereby.

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

Store:
Neupforte 2d
52062 Aachen
Germany

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

Aachen County Court

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