General Terms and Conditions

General Terms and Conditions – Die Allgemeinen Geschäftsbedingungen der Bike Shore GmbH

1. Scope and exceptions

The general terms and conditions (hereinafter referred to as “GTC”) apply to all purchase contracts concluded via Bike Shore GmbH or the online shop. These GTC do not apply to contracts between Bike Shore GmbH and its business partners (e.g. suppliers). We only recognize deviating regulations if they are confirmed by us in writing. All questions or complaints in connection with these GTC can be submitted in writing by email to our customer service (sales@bikeshore.com).

2. Contracting party

This website for the sale of goods over the Internet is operated by Bike Shore GmbH, based at Ribelrain 9, 8833 Samstagern, Switzerland. VAT number: CHE-426.597.990. You can also submit praise and complaints and assert warranty rights at this address.
E-Mail: info@bikeshore.com / Telephone number: +41 44 500 38 52

3. Registration

When entering your personal data required for registration, you are responsible for providing truthful and complete information. You are obliged to treat your personal access data confidentially, to store it carefully if necessary, and not to make it available to any unauthorized third parties. You are solely responsible for the content you post in the areas accessible for this purpose. This must not infringe the rights of third parties. There is no right to storage or publication of your posted content, such as product reviews. Each customer is only entitled to maintain one customer account at a time. We reserve the right to delete multiple registrations and to warn or terminate members who violate these provisions, or to delete or change content (virtual house rules).

4. Offer and conclusion of contract

The presentation of our product range does not represent a binding contractual offer, but is merely a non-binding invitation to the consumer to order goods. By placing an order, you are making a binding offer and thereby accepting the applicable terms and conditions. Bike Shore GmbH reserves the right to decide whether to accept this offer. The purchase contract is concluded when the customer places an order in the shop and Bike Shore GmbH accepts it. The prices listed in the shop on the day of the order apply. Swiss VAT is included in the price. Employees of Bike Shore GmbH are not authorized to verbally agree to different conditions or make assurances. If information about an item in the range is incorrect, Bike Shore GmbH will make you a counter offer, which you are free to decide whether to accept.

5. Price and availability

The prices in the shop are shown in CHF. The prices stated include the statutory Swiss VAT and other price components. Any shipping costs are added.
The consumer has the option of paying by bank transfer, PayPal or using other means of payment provided in the shop. Payment by sending cash or checks is unfortunately not possible. We exclude any liability in the event of loss.
Despite the greatest care, erroneous incorrect information cannot be completely ruled out. Bike Shore GmbH is not liable for unavailable products or erroneous price information. Price and product range changes as well as technical changes are reserved. All offers on https://shop.bikeshore.com are subject to change and are not to be understood as binding offers. All information on all Bikeshore websites including subpages, social media and communications (product descriptions, images, films, dimensions, weights, technical specifications, accessory relationships and other information) are only to be understood as approximate values ​​and in particular do not represent any guarantee of properties.

6. General Terms and Conditions of Delivery and Payment

Bank transfer or PayPal or other payment methods provided in the shop are accepted as payment methods. We reserve the right not to offer certain payment methods for each order and to refer to our other payment methods. Bike Shore GmbH is not entitled to offset the payment claim. Please note that we can only accept payments in CHF (Swiss francs). Any transaction costs are borne by the customer.

Unless otherwise agreed, delivery will be made to the delivery address provided by the customer when setting up the user account or when placing the order. The customer will bear the delivery costs, including all possible components such as taxes, duties, fees and customs duties. If the supplier assumes such components of the delivery costs in an initial step, these will be expressly listed as price components.

Delivery dates are only binding if they are expressly designated as binding in writing by the supplier (Bike Shore GmbH). All other delivery dates are merely non-binding indications of the time of the expected provision of the service. The customer cannot derive any claims from a delivery that takes place later than announced. Delivery dates refer to the time at which the goods are dispatched by the supplier or for which the supplier has notified the customer that the goods are ready for dispatch or that they can collect them. Delivery periods begin when, on the one hand, a contract has been concluded and, on the other hand, the customer has fully fulfilled his obligations under this contract (e.g. advance payment of the purchase price, notification of the customer data required for delivery, etc.). Irrespective of this, the supplier is entitled to fulfill the contract early.

The supplier (Bike Shore GmbH) chooses the shipping method at its own discretion and without guaranteeing the cheapest and/or fastest delivery. If the buyer requests something different, he will bear any additional costs compared to the cheapest possible shipping method. The customer must inform the supplier during the contract negotiations and in any case before the contract is concluded if he wants a specific shipping method. Requests for shipping methods communicated by the customer after the contract has been concluded can only be considered by the supplier in exceptional cases; there is no entitlement to this. If the supplier is prevented from providing the service/delivery in accordance with the contract for reasons beyond its control, delivery and service deadlines are deemed to be extended by the duration of the hindrance and by a reasonable start-up time after the end of the hindrance. The supplier will inform the customer of the hindrance. This includes in particular delivery delays caused by manufacturers, suppliers or other third parties. Further examples of such reasons are cases of force majeure such as natural events, mobilization, war, warlike conditions, unrest, riots, epidemics, pandemics, accidents and illness, significant operational disruptions, labor disputes, strikes, lockouts, excessive increases in the price of raw materials, means of transport or traffic disruptions as well as official measures such as export, import and transit restrictions or bans.

The ordered goods will be delivered by post or delivery service. Please note that the delivery of packages usually takes longer before weekends and public holidays. Bike Shore GmbH or the commissioned delivery service is entitled to leave the ordered goods on the customer’s doorstep if the customer does not personally receive the order at the time of delivery. If a product is not available or only available later due to force majeure or lack of internal supplies, Bike Shore GmbH reserves the right to withdraw from the purchase contract or to extend the delivery times with regard to this product. Bike Shore GmbH will inform you immediately of the unavailability or the delayed delivery period. If you do not accept any counter-offer or do not want to accept a delayed delivery notified by Bike Shore GmbH, you can withdraw from the contract. In this case, Bike Shore GmbH will refund any payments already made.

The burden and risk of the goods are transferred to the customer upon delivery at the delivery address. You will be charged for any subsequent costs arising from the following situations and Bike Shore GmbH may terminate the contract:
The goods cannot be delivered to you for reasons for which you are responsible (e.g. incorrect or incomplete addressing, refusal to accept without a legitimate reason, etc.).

7. Transport damage / notification of defects

Werden Waren mit offensichtlichen Schäden an der Verpackung oder am Inhalt angeliefert oder übergeben, so haben Sie dies sofort beim Spediteur, Paketdienstleister zu rügen und die Annahme zu verweigern. Verborgene Mängel sind innerhalb von 24 Stunden (1 Arbeitstage) nach Erhalt, Annahme, Empfang oder Übernahme der Ware dem Zubringer wie Spediteur, Paketdienstleister zu melden. Der Kunde ist verpflichtet, sich eine Schadenbestätigungsmeldung des Zustellers aushändigen zu lassen. Alle Transportschäden sind zusätzlich unverzüglich an Bike Shore GmbH zu melden.

8. Versandkosten

Die Lieferkosten sind auf https://shop.bikeshore.com aufgeführt. Abweichende Bestimmungen können für spezifische Warengruppen gelten. Bei Internationalen Lieferungen anfallende zusätzliche Kosten, wie Steuern, Abgaben, Gebühren und Zölle, usw. gehen zu lasten des Käufers. Im Falle eines Widerrufes oder Garantieantrages sind Sie verpflichtet, die Ware auf Ihre Kosten und Gefahr an uns oder an eine von Bike Shore GmbH vorgegebene Adresse, zu retournieren.

9. Widerrufsrecht

Sie können innerhalb von 14 Kalendertagen ab Erhalt der Ware Ihre Bestellung widerrufen und so vom Vertrag zurücktreten. Bei fristgerechter Ausübung dieses Rechts sind Sie an Ihre Bestellung nicht mehr gebunden. Der Widerruf kann, vor dem Versenden der Ware an Sie, telefonisch oder per E-Mail an die im Impressum angegebenen Kontakte mitgeteilt werden. Zur Fristwahrung genügt die rechtzeitige Absendung. Das Rückgaberecht erlischt mit der Übergabe, Übernahme, Aushändigung oder Annahme folgender Produkte:
Kauf von Geschenkgutscheinen.
Kauf von einem Produkt das gefahren oder gezogen werden kann (z.B. E-Bike, Fahrradanhänger, Kickboards, Fahrrad, etc.).
Beim Kauf von einem Produkt das nicht unserem Sortiment entspricht (Sondermodell, Farbe, Ausstattung, etc.), bei Ladeinfrastrukturen, Ladestationen und Projekten (B2B Geschäft), erlischt das Rückgaberecht bereits bei Vertragsabschluss.

Bei Rücksendungen behalten wir uns vor die Spesen und Aufwände zu verrechnen. Als Spesen und Aufwände gelten zum Beispiel, Gebühren für internationale Rücksendungen (Zoll, MwSt, Speditionsgebühren), Versandkosten und Spesen für Schweizerische Lieferungen.

Eine Rücknahme wird abgelehnt, wenn:

  • Traces of use are visible.
  • the product is not returned in its original packaging.
  • the product is damaged during return transport.
  • the product has been modified or altered or is no longer in its original condition.
  • Where possible, the refund will be made via the payment method you used at the time of purchase or by arrangement.

10. Retention of title

The delivered goods remain our property until the purchase price and associated costs have been paid in full. We are entitled to make a corresponding entry in the retention of title register.

11. Limited Warranty by Bike Shore GmbH

Unless otherwise stated on the product or invoice, Bike Shore GmbH provides a warranty for the absence of defects and functionality of the purchased item and/or the products replaced under the warranty for at least two years from the date of purchase or collection or home delivery. Bike Shore GmbH can provide the warranty either through free repair, equivalent replacement, delivery of replacement products for the purpose of repair, price reduction or by refunding the product price at the current market/current value. The warranty does not cover defects that arise from arrangement and assembly not carried out by Bike Shore GmbH, inadequate setup, failure to observe installation requirements and conditions of use, excessive use of parts, misuse, negligent or incorrect handling and use of unsuitable materials; this also applies to defects that are attributable to material provided by the buyer.

Bike Shore GmbH is also not liable for damage caused by the actions of third parties, atmospheric discharges, overvoltages, external influences and chemical influences. The warranty does not cover the replacement of parts that are subject to natural wear and tear. The warranty expires immediately if the customer himself or a third party not expressly authorized by the supplier makes changes or repairs to the delivered items without the written consent of Bike Shore GmbH. It is the responsibility of the Bike Shore specialist staff to assess whether the defect occurred due to wear and tear, due to other reasons excluded from the warranty or due to a defect subject to warranty. This assessment defines the warranty obligation.

12. Liability

Any claims of the customer other than those expressly granted in these General Terms and Conditions are excluded – regardless of the legal basis and to the extent permitted by law. This exclusion of liability also applies in particular to the actions of contractual partners and suppliers of Bike Shore GmbH, auxiliary persons, etc. as well as to all consequential damages, lost profits or other financial losses of the customer.

13. Protection of intellectual property

The entire content of this website is protected by copyright. Saving or printing individual pages and/or parts of this website is permitted provided that neither the copyright notices nor other legally protected designations are removed. By saving or otherwise copying software or other data on this website, the respective terms of use are deemed to be accepted. All property rights remain with Bike Shore GmbH. The (complete or partial) reproduction, transmission (electronically or by other means), modification, linking or use of this website for public or commercial purposes is prohibited without the prior written consent of Bike Shore GmbH.

14. Data Protection

Bike Shore GmbH points out that the data recorded as part of the conclusion of the contract is collected, processed and used to fulfill the obligation arising from the purchase contract. The data required to provide the service and fulfill the contract can also be passed on to commissioned service partners (e.g. logistics companies, service partners, debt collection companies), including in countries that may not have equivalent data protection. By agreeing to these General Terms and Conditions, the customer agrees to this use of data.

15. Final provisions

In the event that individual provisions of these General Terms and Conditions are wholly or partially invalid, this shall not affect the validity of the remaining provisions. The provisions that are wholly or partially invalid shall be replaced by provisions whose regulatory content comes as close as possible to that of the invalid ones. The same applies to any gaps in the contract. We are entitled to add to, amend or delete the General Terms and Conditions at any time. The current and binding version of the General Terms and Conditions is published at https://bikeshore.com and https://shop.bikeshore.com and is deemed to be accepted by you upon completion of the order. These General Terms and Conditions and the contracts concluded with the inclusion of these General Terms and Conditions are subject to Swiss law, with the complete exclusion of the conflict of laws rules of international private law and the United Nations Vienna Convention on Contracts for the International Sale of Goods of April 11, 1980.

The place of jurisdiction for natural persons is Samstagern, Switzerland.

as of June 2, 2020