General Terms and Conditions

1. Scope of Application

The following General Terms and Conditions (GTC) apply to all orders placed through our online shop by consumers and entrepreneurs.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

For entrepreneurs: If the entrepreneur uses conflicting or supplementary General Terms and Conditions, their validity is hereby rejected; they only become part of the contract if we have expressly agreed to them.

2. Contracting Parties, Conclusion of Contract, Correction Options

The purchase contract is concluded with 2Wheels Company.

By placing 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 for this purpose in the order process. The contract is concluded when you accept the offer for the products contained in the shopping cart by clicking the order button. Immediately after sending the order, you will receive another confirmation by e-mail.

3. Contract Language, Storage of Contract Text

The languages available for the conclusion of the contract are: German, English

We store the contract text and send you the order data and our GTC in text form. For security reasons, the contract text is no longer accessible via the Internet.

4. Subject of Contract

4.1 Product Description

Reference is made 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 point out the following special features. If you have any uncertainties, please contact us:

Due to individual screen configurations (e.g., resolution and brightness), slight deviations between the displayed and the actual product colors are possible.

5. Requirements and Handling of Customer Content

5.1 Requirements

If it is necessary for the fulfillment of the order that you transmit content (e.g., texts, data, files) to us, the technical possibilities available for this purpose as well as any applicable requirements are based on the respective product description.

You are solely responsible for the content, including its legality and accuracy, of the content you transmit. We do not carry out a content-editorial review before executing the order.

5.2 Compliance with Applicable Law

The content and the products to be created from it must always comply with the respective applicable legal provisions. In particular, they must not violate any rights and claims of third parties (especially copyrights, trademark rights or other protective rights) and must not contain any content that glorifies violence, is discriminatory, racist, xenophobic or otherwise immoral or unconstitutional, or serve such purposes.

5.3 Indemnification

You shall indemnify us from claims of third parties that they may assert in connection with an infringement of their rights by our contractual use. You shall also bear the necessary costs of legal defense, including all court and attorney fees in the statutory amount. The indemnification does not apply insofar as you are not responsible for the infringement. You are obligated to provide us with all information immediately, truthfully and completely in the event of a claim by third parties that is necessary for the examination of the claims and a defense.

5.4 Right of Withdrawal

We reserve the right to refuse the order or to withdraw from the contract if the content provided by you for this purpose violates legal or official prohibitions or public morals, or if there is a justified suspicion in this regard. This applies in particular to the provision of unconstitutional, racist, xenophobic, discriminatory, offensive, harmful to minors and/or violence-glorifying content.

6. Installation

The provision of installation services requires an explicit agreement.

6.1 Selection of the Service Provider

We provide the service, at our discretion, either personally or through qualified personnel selected by us. We expressly reserve the right to have the service performed by third parties (subcontractors) who act on our behalf.

You only have a right to choose a specific person for the provision of 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 for the provision of services, we remain fully responsible for the fulfillment of the contractual obligations.

Before using third parties, we will check them for their reliability, suitability regarding professional training, experience and/or ability to perform the contractually agreed service and oblige them accordingly.

6.2 Access to the Installation Site

The product will be delivered to the installation site. You are obligated to grant access to the installation site to the persons commissioned with the installation.

7. Delivery Conditions

7.1 Delivery Area

We deliver within Germany.

7.2 Shipping Costs

In addition to the stated prices, shipping costs of 6.99 (parcel up to 5KG DHL) Euro will be added for standard shipping.

7.3 Delivery Options

We ship the products to the delivery address specified in the order process.

You generally have the option of picking up the goods at 2Wheels Company, Ludwig Kons Str 29, 50129 Bergheim, Germany during the business hours stated below: By arrangement

We do not deliver to packing stations.

7.4 Delivery by Forwarding Agent

Appointment scheduling

For deliveries by forwarding agent, the forwarding company commissioned by us will contact you to arrange a delivery date.

Delivery location

The delivery of the goods is limited to the transport and unloading of the goods at the first public curb of the agreed delivery address. The delivery does not include delivery into specific rooms or the assembly and/or installation of the ordered goods, unless expressly agreed otherwise.

8. Payment

8.1 Due Date and Default of Payment

The price is due upon conclusion of the contract, unless a later date results from the following payment terms.

For consumers: In the event of default of payment, we reserve the right to charge you a fee of 1.50 Euro per reminder for the second and each subsequent reminder. You reserve the right to prove that less damage has occurred. Further claims remain unaffected.

For entrepreneurs: In the event of default of payment, we reserve the right to charge you the statutory default interest of nine percentage points above the base rate as well as a flat fee of 40 Euro. Further claims remain unaffected.

8.2 Payment Methods

In our shop, the following payment methods are generally available to you.

Prepayment
If you choose prepayment, we will provide you with our bank details in a separate email and deliver the goods after receipt of payment.

Cash payment upon pickup
You pay the invoice amount in cash upon pickup.

Credit card
You enter your credit card details during the order process. Your card will be charged immediately after placing the order.

SEPA direct debit
By placing the order, you grant us a SEPA direct debit mandate. We will inform you of the date of the account debit at least one banking day in advance (so-called pre-notification). A banking day is any working day except Saturdays, national public holidays, and December 24th and 31st of each year. The account will be debited before the goods are shipped.

Apple Pay
To pay the invoice amount via the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA ("Apple"), you must use the "Safari" browser, be registered with Apple, have activated the Apple Pay function, legitimize yourself with your access data, and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. Further information can be found in the order process.

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. Unless otherwise regulated below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. Further information can be found with the respective payment option and in the order process.

Invoice purchase via Klarna
The invoice amount is due 14 days after shipment of the goods and receipt of the invoice. Payment by invoice can only be used by consumers.

Klarna may offer additional payment methods in the customer account to registered Klarna customers selected according to its own criteria. However, we have no influence on the offering of these modalities; further individually offered payment modalities concern your legal relationship with Klarna. Further information can be found in your Klarna account.

Credit card via Klarna
You enter your credit card details during the order process. Your card will be charged by Klarna immediately after placing the order. An address and credit check does not take place.

Direct debit via Klarna
You grant Klarna a SEPA direct debit mandate. Klarna will inform you of the date of the account debit (so-called pre-notification). The account will be debited after the goods are shipped.

Installment purchase via Klarna
You can pay the invoice amount in up to 36 monthly installments. For some orders, a down payment may be required. The due date depends on Klarna's payment plan. The payment method "installment purchase via Klarna" can only be used by consumers.

Klarna may offer additional payment methods in the customer account to registered Klarna customers selected according to its own criteria (e.g., interest-free installment plans). However, we have no influence on the offering of these modalities; further individually offered payment modalities concern your legal relationship with Klarna. Further information can be found in your Klarna account.

Sofort/Sofortüberweisung via Klarna
To pay the invoice amount by Sofort/Sofortüberweisung via Klarna, you must have a Klarna account and a bank account activated for online banking, legitimize yourself accordingly and confirm the payment instruction. For payment by Sofortüberweisung, no credit check is performed by Klarna. Your account will be debited immediately after placing the order. Further information can be found in the order process.

PayPal, PayPal Express
To pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after placing the order. Further information can be found in the order process.

PayPal may offer additional payment methods in the customer account to registered PayPal customers selected according to its own criteria. However, we have no influence on the offering of these modalities; further individually offered payment modalities concern your legal relationship with PayPal. Further information can be found in your PayPal account.

9. Right of Withdrawal

Consumers have the statutory right of withdrawal, as described in the withdrawal policy. Entrepreneurs are not granted a voluntary right of withdrawal.

10. Retention of Title

The product remains our property until full payment has been received.
For entrepreneurs, the following additionally applies: We reserve title to the product until all claims arising from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you hereby assign to us in advance all claims arising from this resale – regardless of any connection or mixing of the reserved goods with a new item – in the amount of the invoice total, and we accept this assignment. You remain authorized to collect the claims, but we may also collect the claims ourselves if you do not meet your payment obligations. We will release the securities due to us 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

For consumers: If goods are delivered with obvious transport damage, please report such defects to the deliverer immediately and contact us without delay. Failure to make a complaint or contact us has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, you help us to assert our own claims against the carrier or transport insurer.

For entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the forwarding agent, 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 shortenings of deadlines do not apply to claims for damages caused by us, our legal representatives or vicarious agents

• in case of injury to life, limb or health
• in case of intentional or grossly negligent breach of duty as well as malice
• in case of breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner regularly relies (cardinal obligations)
• within the scope of a guarantee promise, if agreed, or
• insofar as the scope of the Product Liability Act is opened.

Restrictions for entrepreneurs

For entrepreneurs, only our own specifications and the manufacturer's product descriptions, which have been included in the contract, apply as an agreement on the quality of the goods; we do not assume any liability for public statements by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects for newly manufactured goods is one year from the transfer of risk. The preceding 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 § 445a BGB remain unaffected.

Note to merchants

Among merchants, the duty to inspect and give notice of defects regulated in § 377 HGB applies. If you fail to give notice as regulated therein, the goods are deemed to have been approved, unless it is a defect that was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.

12.2 Warranties and Customer Service

Information on any applicable additional warranties and their exact conditions can be found with the product and on special information pages in the online shop.

13. Liability

For claims due to damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation

• in case of injury to life, body or health,
• in case of intentional or grossly negligent breach of duty,
• in case of warranty promises, as agreed, or
• insofar as the scope of the Product Liability Act is applicable.

In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations), due to slight negligence on our part, our legal representatives or vicarious agents, liability is limited in amount to the foreseeable damage at the time of conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.

14. Dispute Resolution

We are not obliged and not willing to participate in dispute resolution proceedings 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.