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Right of withdrawal
You can revoke your contractual declaration within one month, without giving reasons, in text form (e.g. letter, fax, email) or - if the item is given to you before the deadline expires - by returning the item. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery) and also not before fulfillment of our information obligations in accordance with Section 312c Paragraph 2 BGB in conjunction with Section 1 Paragraphs 1, 2 and 4 BGB-InfoV and our obligations in accordance with Section 312e Paragraph 1 Sentence 1 BGB in conjunction with Section 3 BGB-InfoV. To comply with the cancellation period, it is sufficient to send the cancellation or the item in good time.
The revocation must be addressed to:
bds-bikeparts
Daniel Kolakovsky
Robert-Bosch-Str.3
75031 Eppingen
info@bds-bikeparts.com
Consequences of revocation
In the event of an effective cancellation, the services received by both parties must be returned and any benefits derived (e.g. interest) must be surrendered. If you are unable to return the service received in whole or in part or only in a deteriorated condition, you may have to pay us compensation for the loss in value. This does not apply to the surrender of items if the deterioration of the item is solely due to its inspection - as would have been possible for you in a store, for example. You do not have to pay compensation for any deterioration caused by the intended use of the item.
Items that can be sent by parcel are to be returned at our risk. You must bear the cost of return if the goods delivered correspond to those ordered and if the price of the item to be returned does not exceed an amount of 40 euros or if, in the case of a higher price of the item, you have not yet paid the consideration or a contractually agreed partial payment at the time of cancellation.4 Otherwise, the return is free of charge for you. Items that cannot be sent by parcel will be picked up from you. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your cancellation notice or the item, and for us when we receive it.
We will not pass on your personal data, including your home address and email address, to third parties without your express consent, which can be revoked at any time. Excepted from this are service partners who require the transmission of data to process orders (e.g. the shipping company commissioned with the delivery and the credit institution commissioned with the payment processing). In these cases, however, the scope of the data transmitted is limited to the minimum required.
These general terms and conditions apply in their current version to all business relationships between bds-bikeparts, hereinafter referred to as “BDS”, and its customers.
1. Scope
1.1 The following conditions apply to the delivery of goods and other services from bds-bikeparts.
1.2 These General Terms and Conditions apply exclusively; any terms and conditions of the customer that conflict with or deviate from these General Terms and Conditions will not be recognized unless bds-bikeparts has agreed to them in writing in individual cases.
2. Conclusion of the contract
2.1 The presentation of the product range on the BDS server does not constitute a legally binding offer, but rather a non-binding online catalogue. We expressly reserve the right to make technical and price changes.
2.2 The customer orders the goods/services he or she requires by email, fax, in writing by post or by telephone. BDS accepts no liability for transmission errors. The contract is concluded when BDS accepts this offer. The declaration of acceptance of the offer to the customer is made by sending the goods (or by a contract confirmation email for services).
3. Due date, payment and default
3.1 The purchase price is due immediately. Payment of the purchase price is made by cash on delivery, in advance, via PAYPAL or in cash.
3.2 All prices are in EURO and include VAT.
3.3 The following applies to delivery in Germany:
3.3.1 Shipping: Shipping is generally via Deutsche Post / DHL.
3.3.2 Payment for shipping within Germany Cash on delivery: The fee of EUR 10.80 includes postage and packaging, as well as part of the cash on delivery fee. Post AG will charge you the second part of the fee (EUR 2.00). Prepayment: The fee of EUR 5.90 includes postage and packaging, as well as processing. You will receive an invoice from BDS.
3.4 The following applies to deliveries to countries outside Germany:
3.4.1 Shipping: Shipping by post or with a cheaper sender depending on the destination country. Customs clearance is the responsibility of the customer.
3.4.2 Payment for shipping to countries outside Germany: Prepayment: The costs for postage and packaging are charged to the customer at our current shipping prices. You will receive an invoice from BDS. The entire invoice amount (including all payment transaction fees) must be transferred to a specially specified prepayment account. The full invoice amount must be received in this prepayment account before the goods are delivered. BDS cannot be held liable for errors or delays in payment transactions.
3.4.3 The costs for deliveries abroad which are not delivered due to incorrectly transmitted information (e.g. incorrect address) and are sent back to us at the customer's expense must be borne by the customer. This also applies to deliveries which are sent back to us after the storage period has expired.
4. Revocation
If the customer exercises his right of withdrawal, he must bear the costs of return if the goods delivered correspond to those ordered and if the price of the item to be returned does not exceed 40 euros or if, in the case of a higher price of the item, the customer has not yet paid the consideration or a contractually agreed partial payment at the time of withdrawal. Otherwise, the return is free of charge. The right of withdrawal does not apply in Switzerland.
5. Retention of title
BDS reserves ownership of all goods delivered by it to a customer until final and complete payment for the goods delivered. If BDS exchanges goods under the warranty, it is agreed today that ownership of the goods to be exchanged will pass from the customer to BDS or vice versa at the time when BDS receives the goods back from the customer or the customer receives the replacement delivery from BDS.
6. Warranty, inspection and complaint obligations
The statutory warranty regulations apply.
7. Liability
7.1 According to the statutory provisions, BDS is liable for intent and gross negligence as well as for breach of essential contractual obligations that arise from this purchase contract under Section 433 Paragraph 1 of the German Civil Code (BGB) (cardinal obligation). BDS is liable, limited to compensation for the damage that was foreseeable at the time the contract was concluded, for such damage that is based on a slightly negligent breach of cardinal obligations by it or one of its legal representatives or vicarious agents. BDS is not liable for slightly negligent breach of secondary obligations that are not cardinal obligations. Liability for damage that falls within the scope of protection of a guarantee or assurance given by BDS as well as liability for claims based on the Product Liability Act and damage resulting from injury to life, body or health remains unaffected.
7.2 All items where this is not expressly stated are without TÜV or ABE and are therefore not permitted on public roads! The use of these parts is only permitted on closed areas (e.g. race tracks). The use of these parts is at your own risk! We are not liable for any type of damage (e.g. property damage or personal injury) caused by the use of such parts; the person who uses the parts is responsible.
7.3 Furthermore, BDS is not liable for damage caused by third parties (anodizing, hardening). This applies both to personal injury and to damage to parts that are handed over to BDS and then processed by a third party (anodizing, hardening).
8. Data protection
8.1 Unless otherwise agreed, BDS uses the personal data from this contract only for the purpose of contract execution. Use for market and opinion research purposes as well as for advertising purposes requires the consent of the customer. The customer has the right to free information about his stored data at any time and the right to have it corrected or deleted. Please send your data request to info@bds-bikeparts.com
9. Miscellaneous
9.1 The contractual relationship between us and the customer as well as the respective terms and conditions are subject to the law of the Federal Republic of Germany. If the customer is a consumer, the applicable legal regulations and rights in favor of the consumer under the law of the customer's country of residence remain unaffected by this agreement. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
9.2 If the customer is a merchant or does not have his place of business in Germany, the parties agree that the place of jurisdiction for all disputes arising in connection with the implementation of this contract shall be Cologne.
10. Severability Clause
Should individual provisions of this contract be invalid in whole or in part or should they later lose their legal validity, the validity of the contract shall otherwise not be affected.