GTC

Table of contents

  1. Scope of application
  2. Conclusion of contract
  3. Cancellation policy
  4. Prices and terms of payment
  5. Delivery and shipping conditions
  6. Retention of title
  7. Liability for defects (warranty)
  8. Applicable law
  9. Alternative dispute resolution

1) Scope of application

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of the company PCB Bikes International Vertriebs GmbH (hereinafter referred to as "Seller") shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client") and the Seller relating to all goods and/or services presented in the Seller's online store. The inclusion of the customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.

2) Conclusion of contract

2.1 The product descriptions contained in the seller's online store do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer via the online order form integrated into the seller's online store. After placing the selected goods and/or services in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods and/or services contained in the shopping cart by clicking the "Order with costs" button at the end of the ordering process.

2.3 The seller may accept the customer's offer within five days,

  • by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive in this respect, or
  • by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive in this respect, or
  • by requesting payment from the customer after the order has been placed.

If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

2.4 Bei Auswahl einer von PayPal angebotenen Zahlungsart erfolgt die Zahlungsabwicklung über den Zahlungsdienstleister PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxemburg (im Folgenden: „PayPal“), unter Geltung der PayPal-Nutzungsbedingungen, einsehbar unter https://www.paypal.com/de/legalhub/paypal/useragreement-full oder - falls der Kunde nicht über ein PayPal-Konto verfügt – unter Geltung der Bedingungen für Zahlungen ohne PayPal-Konto, einsehbar unter https://www.paypal.com/de/legalhub/paypal/privacywax-full. Zahlt der Kunde mittels einer im Online-Bestellvorgang auswählbaren von PayPal angebotenen Zahlungsart, erklärt der Verkäufer schon jetzt die Annahme des Angebots des Kunden in dem Zeitpunkt, in dem der Kunde den Button anklickt, welcher den Bestellvorgang abschließt.

2.5 When submitting an offer via the Seller's online order form, the text of the contract is saved by the Seller and sent to the Customer in text form (e.g. email, fax or letter) after the order has been sent, together with these GTC. In addition, the text of the contract is archived on the seller's website and can be accessed by the customer free of charge via his password-protected customer account by entering the corresponding login data, provided that the customer has created a customer account in the seller's online store before sending his order.

2.6 Before submitting a binding order via the seller's online order form, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the magnification function of the browser, with the help of which the display on the screen is enlarged. frame the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button that completes the ordering process.

2.7 The German language is available for the conclusion of the contract.

2.8 Order processing and contact are generally carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller's withdrawal policy.

3.3 The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

4) Prices and terms of payment

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs will be indicated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 Various payment options are available to the customer, which are indicated in the seller's online store right at the beginning of the order process.

4.4 If advance payment has been agreed, payment is due immediately after conclusion of the contract.

4.5 If the payment method "Sofortüberweisung" is selected, payment is processed by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter referred to as "Klarna"). In order to be able to pay the invoice amount via "Sofortüberweisung", the customer must have an online banking account activated for participation in "Sofortüberweisung", legitimize himself accordingly during the payment process and confirm the payment instruction. The payment transaction is then carried out immediately by Klarna and the customer's bank account is debited. The customer can find more information on the "Sofortüberweisung" payment method on the Internet at https://www.klarna.com/sofort/.

4.6 If a payment method offered via the payment service "Shopify Payments" is selected, the payment is processed by the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are communicated to the customer in the seller's online store. Stripe may use other payment services to process payments, for which special payment terms may apply, to which the customer may be informed separately. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.com/legal/terms-payments-de.

4.7 If a payment method offered via the "PayPal" payment service is selected, the payment shall be processed via PayPal, whereby PayPal may also use the services of third party payment service providers for this purpose. If the Seller also offers payment methods via PayPal for which it makes advance payments to the Customer (e.g. purchase on account or payment by installments), it assigns its payment claim in this respect to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal shall carry out a credit check using the transmitted customer data. The seller reserves the right to refuse the customer the selected payment method in the event of a negative check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the customer can only pay PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the case of assignment of claims, the seller remains responsible for general customer inquiries, e.g. regarding goods, delivery time, shipment, returns, complaints, revocation declarations and returns or credit notes.

4.8 If a payment method offered via the payment service "Klarna" is selected, the payment is processed via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and Klarna's terms and conditions can be viewed here:

https://prometheus-bikes.com/pages/zahlungsarten

4.9 If the payment method credit card via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. Payment is processed by the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). Stripe reserves the right to carry out a credit check and to reject this payment method if the credit check is negative.

5) Delivery and shipping conditions

5.1 Unless otherwise agreed, the goods shall be shipped to the delivery address specified by the customer. The delivery address specified in the seller's order processing is decisive for the processing of the transaction.

5.2 Goods delivered by a forwarding agent shall be delivered "free kerbside", i.e. to the public kerbside nearest to the delivery address, unless otherwise stated in the shipping information in the seller's online store and unless otherwise agreed.

5.3 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had notified him of the service a reasonable time in advance. Furthermore, this does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of withdrawal. If the customer effectively exercises his right of withdrawal, the provision in the seller's withdrawal policy shall apply to the return costs.

5.4 Self-collection is not possible for logistical reasons.

6) Retention of title

If the seller makes advance payment, he shall retain title to the delivered goods until the purchase price owed and all associated costs and expenses have been paid in full.

7) Liability for defects (warranty)

Unless otherwise stated in the following provisions, the provisions of statutory liability for defects shall apply. In deviation from this, the following applies to contracts for the delivery of goods:

7.1 If the customer acts as an entrepreneur,

  • the seller has the choice of the type of subsequent performance;
  • the limitation period for warranty rights for new goods is one year from delivery of the goods;
  • the warranty rights are excluded for used goods;
  • the limitation period shall not recommence if a replacement delivery is made frame of liability for defects.

7.2 The aforementioned limitations of liability and shortening of time limits do not apply

  • for claims for damages and reimbursement of expenses by the customer,
  • in the event that the seller has fraudulently concealed the defect,
  • for goods that have been used for a building in accordance with their normal use and have caused its defectiveness,
  • for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the supply of goods with digital elements.

7.3 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected.

7.4 If the contract is a business-related transaction for both parties within the meaning of Section 343 (2) AT-UGB, the customer shall be subject to the commercial duty of inspection and notification of defects pursuant to Section 377 AT-UGB. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed to have been approved.

7.5 If the customer is acting as a consumer, he is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.

8) Applicable law

8.1 The law of the Republic of Austria shall apply to all legal relationships between the parties, to the exclusion of the laws on the international sale of goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.

8.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.

9) Alternative dispute resolution

The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.