General terms and conditions of business

1. Scope

The following terms and conditions apply to all orders placed through our online shop by consumers and entrepreneurs. A consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity. The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they will only become part of the contract if we have expressly agreed to this.

2. Contracting parties, conclusion of contract, correction options

The purchase contract is concluded with 2Wheels Company. By placing the products in the online shop, we make a binding offer to conclude a contract for these products. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the ordering process. The contract is concluded when you accept the offer for the products in the shopping cart by clicking on the order button. Immediately after submitting the order, you will receive another confirmation by email.

3. Contract language, contract text storage

The language(s) available for the conclusion of the contract: German, English

We save the contract text and send you the order data and our general terms and conditions in text form. For security reasons, the contract text is no longer accessible via the Internet.
4. Subject matter of the contract
4.1 Product description
Attention is drawn to the validity of the respective product description as an essential part of the contract.
4.2 Product images
Without prejudice to your statutory warranty rights, we would like to draw your attention to the following special features. If you are unsure, please contact us: Due to individual screen configurations (e.g. resolution and brightness), slight deviations between the displayed and actual product colors are possible.
5. Requirements and handling of customer content
5.1 Requirements
If it is necessary for you to send us content (e.g. texts, data, files) in order to fulfil the order, the technical possibilities available for this and any applicable requirements are based on the respective product description. You are solely responsible for the content, including the legality and accuracy of the content you send. We do not carry out any editorial review of the content before executing the order.
5.2 Compliance with applicable law
The content and the products created from it must always comply with the applicable legal provisions. In particular, they must not infringe the rights and claims of third parties (in particular copyright, trademark or other protective rights) and must not contain or serve any content that glorifies violence, is discriminatory, racist, xenophobic or other immoral or unconstitutional.
5.3 Exemption
You indemnify us against claims by third parties that they may assert in connection with a violation of their rights through our contractual use. You also assume the necessary costs of legal defense, including all court and attorney fees at the statutory rate. The indemnity does not apply if you are not responsible for the violation of law. In the event of a claim by a third party, you are obliged to provide us promptly, truthfully and completely with all information that is necessary for examining the claims and for a defense.
5.4 Right of withdrawal
We reserve the right to refuse the order or to withdraw from the contract if the content you provide violates legal or official prohibitions or common decency, or if there is reasonable suspicion of this. This applies in particular to the provision of content that is unconstitutional, racist, xenophobic, discriminatory, offensive, harmful to minors and/or glorifies violence.

6. Assembly

The provision of assembly services requires an express agreement.
6.1 Selection of the service provider
We will provide the service either personally or through qualified personnel selected by us, at our discretion. We expressly reserve the right to have the service provided by third parties (subcontractors) who work on our behalf. You are only entitled to select a specific person to provide the service if and to the extent that this is expressly stated in the applicable service description. If and to the extent that third parties are used to provide the service, we remain fully responsible for fulfilling the contractual obligations. Before using third parties, we will check them for their reliability, suitability in terms of professional training, experience and/or ability to provide the contractual service and require them to do so.
6.2 Access to the installation site
The product will be delivered to the installation location. You are obliged to grant the persons responsible for the installation access to the installation location.

7. Delivery conditions

7.1 Shipping costs
In addition to the stated product prices, shipping costs of 6.99 euros (package up to 5KG DHL) will be added for standard shipping.
There is a surcharge of €16.99 for express shipping. You can find out more about express shipping in the offers.
7.2 Delivery options
We ship the products to the delivery address specified during the ordering process.
You generally have the option of picking up your order from 2Wheels Company, Ludwig Kons Str 29, 50129 Bergheim, Germany during the following business hours: By arrangement

8. Payment

8.1 Due date and default in payment
The price is due upon conclusion of the contract, unless a later date is specified in the following payment terms. The following applies to consumers: In the event of late payment, we reserve the right to charge you a fee of EUR 1.50 per reminder for the second and each subsequent reminder. You are entitled to provide evidence that the damage was less. Other claims remain unaffected. The following applies to businesses: In the event of late payment, we reserve the right to charge you statutory default interest of nine percentage points above the base interest rate and a flat rate of EUR 40. Other claims remain unaffected.
8.2 Payment methods
The following payment methods are generally available in our shop.
Advance payment If you choose advance payment as your payment method, we will send you our bank details in a separate email and deliver the goods after receipt of payment.
Cash payment upon collection You pay the invoice amount in cash upon collection.
Credit card During the ordering process you enter your credit card details.
Your card will be charged immediately after you place your order.
SEPA direct debit procedure When you place your order, you give us a SEPA direct debit mandate. We will inform you of the date on which your account will be debited at least one banking day in advance (so-called prenotification). A banking day is every working day with the exception of Saturdays, national public holidays and December 24th and 31st of each year.
The account will be debited before the goods are dispatched.
Klarna In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden ("Klarna"), we offer you the following payment options. Payment via Klarna is only available to consumers. Unless otherwise stated below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. You will find further information in the respective payment option and in the ordering process.
Klarna credit card You provide your credit card details during the ordering process. Your card will be charged by Klarna immediately after you place your order. There will be no address or credit check.
Klarna direct debit You give Klarna a SEPA direct debit mandate. Klarna will inform you of the date on which your account will be debited (so-called prenotification). Your account will be debited after the goods have been dispatched.
Installment purchase via Klarna You can pay the invoice amount in monthly installments of at least 1/24 of the total amount. The minimum installment is 6.95 euros. Klarna can offer registered Klarna customers selected according to its own criteria additional payment methods in the customer account (e.g. interest-free installment plans). However, we have no influence on the offering of these methods; other individually offered payment methods affect your legal relationship with Klarna. You can find more information about this in your Klarna account
PayPal In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), you must be registered with PayPal, authenticate yourself with your access data and confirm the payment instruction.
The payment transaction is carried out by PayPal immediately after the order is placed. You will receive further information during the ordering process.
PayPal can offer registered PayPal customers, selected according to its own criteria, additional payment methods in the customer account. However, we have no influence on the offering of these methods; other individually offered payment methods affect your legal relationship with PayPal. You can find further information on this in your PayPal account.
Sofort by Klarna In order to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment order. Your account will be debited immediately after the order is placed. You will receive further information during the ordering process.

9. Right of withdrawal

Consumers have the statutory right to cancel as described in the cancellation policy. Businesses are not granted a voluntary right of cancellation.

10. Retention of title

The product remains our property until full payment has been made. The following applies to entrepreneurs: We retain ownership of the product until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale - regardless of whether the reserved goods are combined or mixed with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations. We will release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.

11. Transport damage

The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such errors to the deliverer as soon as possible and contact us immediately. Failure to complain or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you will help us to assert our own claims against the freight carrier or transport insurance.
The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment.

12. Warranty and guarantees

12.1 Liability for defects
Unless expressly agreed otherwise below, the statutory liability for defects applies.
The following restrictions and shortening of time limits do not apply to claims based on damage caused by us, our legal representatives or vicarious agents in the event of injury to life, body or health in the event of intentional or grossly negligent breach of duty and fraud in the event of breach of essential contractual obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner can regularly rely (cardinal obligations) within the framework of a guarantee promise, if agreed, or insofar as the scope of application of the Product Liability Act is open. Restrictions on entrepreneurs In the case of entrepreneurs, only our own information and the manufacturer's product descriptions that were included in the contract are deemed to be an agreement on the quality of the goods; we accept no liability for public statements made by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The previous sentence does not apply to an item that has been used for a building in accordance with its usual use and has caused its defectiveness.
The statutory limitation periods for the right of recourse under Section 445a of the German Civil Code remain unaffected. Note for merchants The obligation to inspect and give notice of defects set out in Section 377 of the German Commercial Code applies to merchants. If you fail to give notice as set out there, the goods are deemed to have been approved, unless the defect was not apparent during the inspection. This does not apply if we have fraudulently concealed a defect.
12.2 Warranties and customer service
Information on any additional guarantees that may apply and their exact terms and conditions can be found on the product itself and on special information pages in the online store.

13. Liability

We are always liable without limitation for claims based on damage caused by us, our legal representatives or vicarious agents in the event of injury to life, body or health, in the event of intentional or grossly negligent breach of duty, in the event of a guarantee promise, if agreed, or insofar as the scope of application of the Product Liability Act is open. In the event of a breach of essential contractual obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner can regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, liability is limited to the amount of damage foreseeable at the time the contract was concluded, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.

14. Dispute resolution

The European Commission provides a platform for online dispute resolution (ODR), which you can find here.
We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
15. Final provisions
If you are an entrepreneur, German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

Terms and conditions created with the Trusted Shops legal text generator