Terms
Terms
Last Updated: 01.03.2023
Please note, that the Terms are only valid in German. Terms and conditions for U.S Customers can be found here.
Welcome to buycycle!
We are pleased that you are visiting our online marketplace (hereinafter referred to as "Marketplace") and thank you for your interest. The use of the services implies that you agree to these General Terms and Conditions of Business and Use (hereinafter referred to as "GTC"). Please read them carefully before using the marketplace. By using the marketplace, you agree to be bound by these GTC. Below we inform you about the use of our marketplace.
1. general and scope
1.1 The following Terms shall apply to all contracts between the
TFJ Buycycle Ltd.
Ansbacher Str. 5
80796 Munich
Tel.: +49 89 628 24621
E-mail: [email protected]
Internet: https://buycycle.com
VAT ID No.: DE341044568
Managing Directors: Theodor Golditchuk, Jonas Jäger
Registered office of the company: Munich
Register court: Munich Local Court
Registration number: HRB 263786
(hereinafter referred to as "buycycle") and the seller (hereinafter referred to as "seller" in a gender-neutral manner) and interested parties (hereinafter referred to as "buyer" in a gender-neutral manner, together with buycycle also referred to as "parties"). The seller and buyer are also referred to in the following as "users" of the services offered by buycycle.
the link https://buycycle.com/de and all subdomains belonging to the domains.
1.2 These GTC apply to both consumers and entrepreneurs, unless a differentiation is made in the respective clause. According to § 13 of the German Civil Code (BGB), a consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. Pursuant to Section 14 of the German Civil Code (BGB), 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 his commercial or independent professional activity.
1.3 The General Terms and Conditions of buycycle apply exclusively. Deviating, conflicting or supplementary general terms and conditions or GTC of the User shall only become part of the contract if and to the extent that buycycle has expressly agreed to their validity.
2. subject matter of the contract
2.1 buycycle provides the User with worldwide access to the buycycle marketplace for the term of the contract in order to have used sports (e-)bicycles (hereinafter referred to as "racing bicycles") evaluated as a seller and then offer them for payment or to search for and purchase racing bicycles in a database as a buyer. The shipping of the racing bikes is carried out by a shipping service provider named by buycycle.
2.2. buycycle itself also offers road bikes for sale on the marketplace. The bikes are purchased both through the marketplace and from other external sources. However, when purchasing on buycyclebuycyclebuycycle.com, buycycle submits to these GTC as a buyer and acquires the racing bikes under the same conditions as the "normal" buyers with the proviso that no shipping fees and no buycycle fee are charged.
2.3 Accordingly, the subject of this Agreement is the provision of a globally accessible marketplace for offering or searching for racing bicycles and their subsequent shipment.
2.4 Any initiation of contracts via the marketplace and/or contractual relationships regarding the purchase of used road bikes are exclusively between the users themselves. buycycle is not liable for the proper execution of any purchase contracts between users.
2.5. buycycle provides customer service to buyers and sellers and is the contact for all disputes, refund requests and questions regarding purchases made on buycycle. Details can be found in section 14.4.
2.6 Between the buyer and TFJ buycycle GmbH a contract on the transaction processing arises with the conclusion of the purchase contract. Adyen N.V. is involved in the execution of the transaction contract as a payment service provider. With the payment transaction, users agree to the General Terms and Conditions of Adyen N.V. (https://www.adyen.com/de_DE/legal/terms-and-conditions).
3. services and use of the profile
3.1 The services of buycycle differ according to whether the User uses the marketplace as a seller or as a buyer. In any case, the use of the marketplace requires the successful registration and admission of the User.
3.2 As a seller, the User can create and publish offers for the sale of road bikes (hereinafter referred to as "sale ads") on the buycycle marketplace. The creation of a sale ad requires successful registration as well as information on the brand, model, year of manufacture and condition of use of the road bike. The seller can estimate the value of the road bike by buycycle and get a non-binding price offer as well as view already published sale ads of comparable road bikes, if applicable. Furthermore, the seller can upload truthful and unretouched pictures as well as provide detailed information about the condition of the road bike. The publication of a sale ad will only take place after prior review and approval by buycycle. Finally, the seller can edit and delete the sale ads at any time, view the sale ads of other users and contact the respective users through comments or notifications. In case of an offer of the buyer to sell a racing bike, the seller receives a notification from buycycle, to which he can react within 24 hours and inform whether an intermediate sale took place or he wants to accept the offer of the buyer.
3.3 If the User is a buyer, he can view published sales ads on the buycycle marketplace after successful registration and admission. For this purpose, the buyer has the option to view all sales ads published on the buycycle marketplace or to perform a "structured search" according to certain criteria of a road bike. From the sale advertisements, the buyer can obtain all information about the racing bike, its price plus any additional costs (shipping and transport costs and buycycle fee) as well as the rights to defects against the seller. In addition, the customer can make individual comments in the sales ads of sellers and ask questions about the racing bikes or view questions and answers already asked by other users. Furthermore, the customer can view profiles of sellers who are not private sellers.
3.4 For entrepreneurs, the following shall apply in addition: The creation and publication of sales advertisements and compliance with legal conformity shall be the sole responsibility of the seller. The publication of sales advertisements is only possible in compliance with the legal information requirements for sellers and the use of the seller's own, if applicable, existing contracts or general terms and conditions, cancellation policy, privacy policy and imprint.
3.5 The contract and payment processing between the users takes place via the payment service provider Adyen N.V., Friedrichstraße 63, entrance Mohrenstraße 17, 10117 Berlin (hereinafter referred to as "Adyen"). Within the framework of the payment provider Adyen, buycycle offers various payment methods. During the order process, the buyer is redirected from buycycle's marketplace to Adyen's website. After entering his payment data and selecting the desired payment method, the Buyer also confirms a payment instruction to Adyen by clicking the button completing the payment process. buycycle requests Adyen to initiate the payment transaction after confirmation by the Seller and the Seller accepts the Buyer's offer in case of clicking the button completing the order process.
3.6 The concrete graphical and functional design of the contractual usage options, the expansion or adaptation of the usage options with additional features or services or their supplementation with additional paid services are at the discretion of buycycle. buycycle is entitled to modify, expand and/or adapt the concrete design at any time, while retaining the contractual usage options.
3.7. buycycle is entitled to block access to individual content or to the marketplace at any time, e.g. if there is suspicion that the User is violating applicable law, these GTC or the rights of third parties. The user can avert these measures if he eliminates the suspicion by presenting suitable evidence at his own expense. The user has no claim to the maintenance of individual functionalities in the marketplace.
3.8 The marketplace shall be available to the User for an unlimited period of time at an annual average of at least 98.5%. Unavoidable, unforeseeable and extraordinary events that may lead to the non-availability of the marketplace, such as power failures, hacking attacks, failures of the telecommunication lines from the transfer point to the Internet shall not be counted towards the availability minimum.
3.9. buycycle is entitled to engage third parties as subcontractors for the provision of the contractually owed services. In addition, buycycle may transfer rights and obligations from this contract to one or more third parties (contract takeover). In the event of a complete takeover of the contract, the User has the right to terminate the contract without notice.
4 Registration, conclusion of contract and user account
4.1 By completing the online registration process (hereinafter referred to as "registration") and creating a profile, a contract of use is concluded between the user and buycycle.
4.2 For the registration and the creation of a profile the creation of a user account is required. The data required for the user account (hereinafter referred to as "log-in data") is derived from the input mask used for registration.
4.3 Alternatively, the User can log in to the marketplace to create a user account or register using the so-called "single sign-on procedure" if the User has a Facebook, Google or Apple account. All relevant information about the person of the user as well as the profile picture will be taken from the respective account.
4.4 Natural and legal persons may register to use the Marketplace. The creation of offers for sale as well as the actual sale through the Marketplace is allowed to both natural and legal persons without any restrictions. The purchase is reserved for natural persons. Likewise, legal entities based in Germany are entitled to use the marketplace as buyers. Legal entities based outside of Germany are not allowed to purchase racing bikes via buycycle. The registration of a legal person can only be done by a person authorized to represent the legal person. Only users who are of age and legally competent can register as a natural person. If the user is a minor, registration may only be made with the consent of a legal representative. buycycle is entitled to make registration dependent on corresponding proof of a legal representative's consent.
4.5 The contract with buycycle for the use of the marketplace is concluded by completing the online registration process and then clicking the checkboxes GTC ("I hereby confirm that I have read the General Terms and Conditions of Business and Use and accept them.") and Data Protection ("I have taken note of the Data Protection Declaration. I agree that my personal data may be collected and stored electronically for the purpose of registration and creation of a user account. I can revoke my consent given in this regard at any time for the future by sending an e-mail to [email protected].").
4.6 After completing the online registration process, the user will receive a confirmation e-mail with an activation link. To complete the registration process, the user must verify his identity by clicking on the link in the confirmation e-mail. There is no claim to the conclusion of a user contract.
4.7 After the User has verified himself by clicking on the link in the confirmation e-mail and the User account has been activated by buycycle, the User must provide a valid delivery or shipping address and can add further information as well as a profile picture.
4.8 The creation of a user account is only possible by providing a current e-mail address of the user. This e-mail address is also used for communication with buycycle.
4.9 The user assures that the data used when creating his profile (hereinafter referred to as "profile data") are true and complete. He is obliged to keep his data always up to date and in case of changes to update his data in his user account. The use of pseudonyms is not permitted.
4.10. Upon registration, the user creates a password for his user account. The user can change the password at any time in his user account. The user may not disclose or make the password available to third parties and must keep it safe to avoid misuse.
4.11. Each User may only register once for private and/or business use of the buycycle services. A user account is not transferable to other users.
4.12. The user can correct his entries made in the online registration process at any time before submitting his registration using the usual keyboard and mouse functions.
4.13. buycycle stores the contractual provisions including the GTC upon conclusion of the contract in compliance with data protection and sends them to the User in text form (by e-mail) after the User has sent his order.
4.14. The contract shall be concluded in German and English.
4.15. The User shall ensure that the e-mail address provided by him for registration processing is correct, so that e-mails sent by buycycle can be received at this address. In particular, when using SPAM filters, the User must ensure that all e-mails sent by buycycle or third parties commissioned by buycycle with order processing can be delivered.
5. collection and delivery
5.1 In principle, the Buyer has the option to collect the racing bike from the Seller, unless the Seller has expressly excluded this. In the event of a self-collection, the Seller shall first inform the Buyer within ten (10) working days by e-mail that the racing bike ordered by him is ready for collection. After receiving this e-mail, the Buyer may pick up the road bike at the Seller's registered office by arrangement. In this case, no shipping costs will be charged.
5.2 The delivery of racing bicycles shall be made by insured shipping to the delivery address specified by the Buyer, unless otherwise agreed between the parties. The delivery address of the buyer specified during the order in the marketplace is decisive.
5.3 After conclusion of the contract, the Seller will be provided with a shipping box for shipping the sold road bike by buycycle via a shipping service provider. The seller is obliged to pack the road bike ready for shipment within ten (10) days after the package material arrived and to arrange a pick-up date with the shipping service provider.
6. prices, shipping costs, service fee and terms of payment
6.1 After successful conclusion of the contract with the seller and purchase of a road bike via the marketplace of buycycle, the buyer is obliged to pay the agreed purchase price plus shipping and transport costs as well as a service fee for the use of buycycle services via the payment system of the marketplace to buycycle as the collector of the payment.
6.2 Buycycle charges a service fee for the use of the marketplace and offers additional optional services. Unless otherwise agreed between the parties, the amount of the fees is based on the price list of buycycle valid at the time of the conclusion of the contract and listed below:
Cost to buyer:
- Buycycle fee: proportionate to the value of the traded road bike
- Shipping (optional): depending on the recipient country
- Premium check (optional): 175€
- Inspection Voucher (optional): 70€
- Carbon Check (optional): 285€
- As Good as new (optional): 395€
Vendor Costs:
- 2,5% of the bicycle price are deducted in case of successful transaction
6.3. buycycle reserves the right to adjust the costs according to 6.2 in the future to maintain the price-performance ratio at its reasonable discretion in order to be able to react appropriately to cost increases or decreases and thus changing cost situations that cannot be compensated in any other way. The cost elements or adjustment measures to be taken into account for the fee adjustment may be the modification, expansion and/or adjustment of the contractual usage options of the buycycle marketplace, administrative and overhead costs (rent, financing and transaction costs, personnel and service provider costs, energy and Internet access costs, IT development costs, etc.) as well as government-imposed taxes, fees, contributions and other levies. All fee adjustments shall apply one (1) month after notification. The Buyer's right of termination pursuant to clause 17.5. of these GTC shall remain unaffected.
6.4 The payment of the purchase price plus the costs according to 6.2 (in any case service fee) is made via the payment system of the marketplace to buycycle. The Buyer can pay with the payment service "Adyen". Within the framework of the payment service Adyen, buycycle offers the Buyer various payment methods. For the processing of payments Adyen may use further payment services, for which special payment conditions may apply, to which the Buyer may be informed separately. If the payment is not honored due to a lack of sufficient funds in the account or due to the provision of incorrect bank details, or if the Buyer objects to the direct debit although he is not entitled to do so, the Buyer shall bear the fees incurred by the reversal of the respective credit institution if he is responsible for this. Further information on Adyen is available on the Internet at https://www.adyen.com/de_DE/legal/terms-and-conditions.
6.5 The buyer is only entitled to set-off rights if his counterclaims are legally established or undisputed with the main claim of buycycle mutually linked or recognized by the latter.
6.6 If it becomes apparent after the conclusion of the contract (e.g. by filing for insolvency proceedings) that buycycle's claim to the service fee is endangered by the buyer's lack of ability to pay, buycycle is entitled to refuse performance and - if necessary after setting a deadline - to withdraw from the contract according to the legal regulations (§ 321 BGB).
7. payment of the purchase price to the seller
7.1. buycycle undertakes, after successful contract and payment processing with the Buyer, to pay the Seller the offer price estimated by the Seller, taking into account any renegotiation between the Seller and the Buyer, if necessary. The revenues for entrepreneurs are in EURO and are net prices plus the statutory VAT applicable on the day of invoicing. The revenues for consumers are in EURO and are gross prices including the statutory VAT applicable on the day of invoicing.
7.2 Payment processing and payment of the purchase price between the seller and buycycle is carried out via the payment service provider Adyen. For the use of Adyen a registration of the Seller with Adyen is required. After the Buyer has placed the order in the online store, buycycle requests Adyen to initiate the payment transaction. Adyen collects the purchase price due on behalf of the seller from the buyer's payment instrument and forwards the purchase price to buycycle. Adyen holds the purchase price in a non-interest bearing escrow account. For this purpose, the seller sets up its own escrow account with Adyen. The payment of the purchase price less the costs pursuant to 6.2 shall be made by Adyen to the Seller after the shipping service provider has picked up the road bike from the Seller.
8 General cooperation obligations of the user
8.1 The user may use the marketplace without the express permission of buycycle only in the context of the contractually required private and business purposes. The User is prohibited from any improper use beyond this purpose.
8.2 In the event that the Content contains hyperlinks to third party sites, the User warrants that he/she has the right to use the hyperlink and that the website referred to ("Landing Page") is in compliance with applicable law and third party rights.
8.3 The user is obliged to handle the log-in data with care. Without exception, the user is prohibited from disclosing the log-in data to third parties and/or allowing third parties to access the profile by circumventing the log-in data.
8.4 The user is obligated to cooperate in the clarification of attacks by third parties on the marketplace, insofar as this cooperation by the user is necessary.
8.5 The user must refrain from any activity that is likely to impair and/or place an excessive burden on the operation of the marketplace or the technical infrastructure behind it. This includes in particular:
- the use of software, scripts or databases in connection with the use of the Marketplace;
- the automatic reading, blocking, overwriting, modification, copying of data and/or other content, unless this is necessary for the proper use of the marketplace.
8.6 Furthermore, the user must ensure that the information and data transmitted via the marketplace are not infected with viruses, worms or Trojan horses.
8.7 Furthermore, the following actions of the User in particular are prohibited and shall be considered as misuse of the Marketplace:
- Publication of own or third party telephone numbers, internet addresses or other contact details in the text area or in direct communication;
- systematic reading of other users' contact details for the purpose of passing them on to third parties;
- unreasonable harassment of other users through aggressive, obscene, insulting, defamatory or intrusive forum posts or messages;
- Inciting other users to misuse the marketplace;
- extensive or permanent use of the marketplace for the publication and dissemination of content that does not factually correspond to the purpose or subject area of the marketplace or its blogs and forums and that may impair the attractiveness of the marketplace for other users;
- the use of other people's identities for registration, posting or sending messages.
8.8 Should there be any disruptions in the use of the marketplace or its functionalities, the User shall inform buycycle of this disruption without delay. The same applies if the User obtains information about content published by third parties that obviously violates applicable law or the rights of third parties.
9. obligations of the user to cooperate with regard to the posting of content
9.1 The User undertakes not to store any illegal content or content that violates the law, official requirements or the rights of third parties on the storage space provided.
9.2 The User is obligated to buycycle that any content posted in the marketplace does not violate applicable law or morality through its content or form. Furthermore, the User is prohibited from posting content that violates the rights, in particular trademark, patent, other industrial property rights or trade secrets of third parties. The same applies to the setting of external links.
9.3 As far as the contents provided by the User violate applicable law, morality, legal or official prohibitions, buycycle may refuse the respective processing orders. A violation exists in particular in the case of the provision of content that concerns, represents or contains the following:
- Anticonstitutionalism;
- Racism, xenophobia and discrimination;
- Youth endangerment and/or glorification of violence and extremism of any kind; - Calls and incitement to criminal acts and violations of the law, threats against life, limb or property;
- Inciting hatred against persons or companies;
- statements that violate personal rights, slander, defamation and defamation of users and third parties;
- copyright infringing content or other infringements of intellectual property rights as well as violations of fair trading law;
- sexual harassment of users and third parties;
- offensive, sexist, obscene, pornographic, vulgar, vile or disgusting materials and expressions.
9.4 Content protected by copyright may only be included in contributions without the consent of the respective rights holder within the scope of the applicable quotation law. Quotations are to be marked by highlighting using the quotation function and by citing the source and must refer to the quoted work in terms of thought. Foreign-language quotations must also be translated into German to the extent that the content is roughly evident. In particular, incorrectly quoted contributions can be removed or corrected by the moderators. The distribution and/or public reproduction of any content of the marketplace without the consent of buycycle is prohibited.
9.5. buycycle reserves the right to block third-party content if it is punishable under the applicable laws or recognizably serves to prepare punishable acts.
9.6. buycycle is entitled to delete the advertisement or other content posted by the User or not to publish advertisements or other content if there are concrete indications that the content of the advertisement violates these GTC or legal requirements, or that the User has otherwise culpably violated contractual obligations. buycycle is entitled to warn the User in the event of a violation of clauses 9. and 10. and/or to temporarily or permanently exclude the User from using the marketplace and, if necessary, will initiate civil and criminal proceedings. Under no circumstances do the contents of the User represent the opinion of buycycle and buycycle does not adopt these as its own.
9.7 If a user has violated these GTC and the user contract with the user has been terminated, the user is no longer entitled to use the marketplace or to register for it again. Furthermore, the user is not entitled to use the marketplace with another user account.
9.8 If the User is a Seller, the following shall apply in addition: The Seller undertakes to provide complete, truthful and transparent information on the condition of the racing bikes in the advertisements for sale. In addition, the Seller undertakes to offer for sale via the buycycle marketplace only those racing bikes of which he is the owner or has been authorized to sell by the respective owner and the respective racing bike is not encumbered with any security interests. buycycle may, if necessary, demand information and documents from the Seller that are required to prove his ownership rights or other authorizations to sell.
9.9 If the seller is a consumer or private seller, the following shall apply in addition: If the seller specifies the "exclusion of warranty" in his sales advertisement, this will have no effect on the warranty rights of the buyer if the condition of the road bike described in the sales advertisement actually deviates.
9.10. If the Seller is an entrepreneur, the following shall apply in addition: The Seller undertakes, within the scope of the creation and publication of sales advertisements, to clearly and completely indicate the validity and retrievability of any existing contracts or General Terms and Conditions, cancellation policy and data protection statement, and to provide its imprint. The publication of sales advertisements is not permitted without complying with the statutory information obligations for sellers and without indicating any existing contracts or general terms and conditions, cancellation policy, privacy policy and imprint.
10. support
buycycle offers technical support to the Users from Monday to Friday (with the exception of public holidays at the registered office of buycycle) in the time period from 08:00 - 18:00. buycycle will answer inquiries of the Users in text form (by e-mail).
11. rights of use
11.1 The User grants buycycle a spatially and temporally unlimited, irrevocable, non-exclusive, gratuitous right, transferable to third parties, to exploit the content posted in the online offer. buycycle is entitled to use, edit and exploit the content at any time. This includes in particular the right of reproduction, the right of distribution and the right of public reproduction, in particular the right of public access. In this respect, the user waives the exercise of his right to use his name, without thereby waiving his right to acknowledge authorship altogether. This provision does not affect the user's option to grant third parties rights to posted content in accordance with certain licensing models.
11.2 All rights to the contents of the marketplace belong to buycycle. The User is prohibited from copying, distributing and/or publishing content that buycycle, other Users or third parties have placed in the marketplace.
11.3. buycycle is entitled to delete or deactivate the contents posted by the User if they violate the rights of third parties or if third parties assert claims due to a violation of rights, the justification of which cannot be obviously excluded.
11.4 If buycycle becomes aware of a possible infringement of rights by the User's content, it will notify the User of this immediately in text form.
12 Liability and indemnification
12.1 With regard to the services provided by buycycle, buycycle, its legal representatives and its vicarious agents shall only be liable in case of intent or gross negligence.
12.2 In the event of a breach of material contractual obligations, liability shall also exist in the event of simple negligence, but shall be limited to the foreseeable damage typical for the contract.
12.3 Essential contractual obligations are those obligations that the contract imposes on buycycle according to its content to achieve the purpose of the contract, whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the user may regularly rely (so-called cardinal obligations). Claims for damages arising from injury to life, limb or health and under the Product Liability Act remain unaffected by the above limitations.
12.4 Any further liability of buycycle is excluded.
12.5 The User indemnifies buycycle and its employees or agents in the event of a claim due to alleged or actual infringement and/or violation of third party rights by actions taken by the User in connection with the use from all resulting claims of third parties, unless the claims and liability are at least predominantly buycycle's responsibility. buycycle is predominantly responsible for damages that have been causally caused by buycycle's right to give instructions according to this contract. In all other respects § 254 BGB applies. The User shall inform buycycle without delay if third parties assert claims against buycycle that fall under the above indemnification obligation. The User is obligated to immediately provide buycycle with all information available to him regarding the matter in question completely, truthfully and without delay in text form. Any further claims of buycycle remain unaffected.
12.6 In addition, the User undertakes to reimburse all costs incurred by buycycle as a result of claims made by third parties. Reimbursable costs also include the costs of an appropriate legal defense.
13 Liability for defects and warranties
13.1 The Seller shall be liable for material defects or defects of title of the delivered racing bike in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB.
13.2 The limitation period for statutory claims for defects in the purchase of used goods is one (1) year from the delivery of the goods.
13.3 The basis of the Seller's liability for defects is primarily the agreement reached on the condition of the racing bike. As an agreement on the
Condition of the racing bike are all product descriptions and manufacturer specifications that are the subject of the individual contract or were publicly announced by the seller on the marketplace of buycycle at the time of the conclusion of the contract.
14. buyer protection
14.1. buycycle supports the buyer in the context of the so-called buyer protection in the enforcement of any warranty claims against the seller, especially in the case of non-performance or poor performance or delivery, the significant deviation of the road bike condition from the product description of the seller or in the case of withdrawal, provided that the buyer notifies buycycle within 48 hours since non-performance or poor performance or delivery or the buyer asserts a right of withdrawal to which he is entitled. A size that does not fit is not a reason for rescission.
14.2 The object of the buyer protection is an examination by buycycle as to whether there is actually a defect in the subject matter of the contract. For this purpose, the buyer can first send the subject matter of the contract to buycycle at his own expense, which will be checked there for the alleged defect.
14.3 If a defect turns out, buycycle will contact the seller and clarify whether a rescission is accepted or a - possible - repair is to be carried out by buycycle at the seller's expense. If the seller decides to rescind the contract, he will receive the object of the contract back against payment of a shipping fee. Buycycle will collect the amount owed by the seller via the payment service provider Adyen or set it off against any future payouts as defined in section 8. of these GTC. buycycle will make the refund of the full or partial purchase price to the buyer on behalf of the seller. Unless otherwise agreed between the parties, buycycle will refund the amount owed by the seller to the buyer using the same means of payment that the buyer used to pay the agreed purchase price. Further information on customer protection can be found in the sales advertisements of the respective racing bikes.
14.4 As an alternative to rescission, the Seller may also choose a repair at its own expense by buycycle, provided that the originally agreed quality of the subject matter of the contract can be achieved in this way.
14.5. If, after inspection by buycycle, it turns out that there is no defect, buycycle will inform the buyer and return the subject matter of the contract against payment of a shipping fee.
14.6 After the expiry of 48 hours after the agreed or actual delivery date, the Buyer Protection no longer applies.
15. premium check
15.1 In addition to the buyer protection always integrated in the services of buycycle according to clause 15, buycycle offers the so-called Premiumcheck.
15.2 If the Buyer books this service, the subject matter of the Contract will not be sent directly to the Buyer after agreement with the Seller, but first to buycycle. In cooperation with a partner workshop, buycycle will carry out a functional check of the subject matter of the contract and repairs up to an amount of EUR 50,00. If the functional check reveals defects that require more extensive repairs, and if these were not described in the offer, buycycle informs the seller and offers to perform the necessary repairs at the expense of the seller. If the seller refuses the repairs, buycycle will return the object of the contract to the seller at the seller's expense. Any payments already made by the buyer will be refunded to him. In this respect section 15.3 applies accordingly.
15.3 The buyer always receives a summary protocol of the premium check. 16. personal data, data protection and copyrights
16.1 The user hereby consents to the storage of the personal data entered by him. This also applies to the storage of IP addresses, which are transmitted each time the marketplace is used. In particular, the user also consents to the presentation of the personal data entered by him in his profile display within the marketplace for other users of the marketplace and third parties who are not users of the marketplace. Further details can be found in buycycle's privacy policy.
16.2 The use of the marketplace makes the collection, processing and use of personal data by buycycle unavoidable. buycycle assures to handle all stored data with care and to process it exclusively within the scope of the User's consent under data protection law. Any further use of personal data by buycycle will only take place if this is legally permissible or if the user has given his consent in advance.
16.3 The User further agrees that buycycle may use personal data of the User for direct marketing purposes. This includes the promotional addressing of the User by e-mail.
16.4 In all other respects, the statutory data protection provisions shall apply, in particular the German Data Protection Regulation (DS-GVO), the new version of the German Federal Data Protection Act (BDSG-neu) and the German Telemedia Act (TMG).
17 Force majeure
17.1 buycycle is released from the obligation to perform under this contract if and to the extent that the non-performance of services is due to the occurrence of circumstances of force majeure after the conclusion of the contract.
17.2 Circumstances of force majeure include, for example, war, strikes, riots, expropriations, acts of God, pandemics, cardinal changes in the law, storms, floods and other natural disasters as well as other circumstances for which buycycle is not responsible, in particular water ingress, power failures and interruptions or destruction of data-carrying lines.
17.3. buycycle will immediately inform the User about the occurrence of a case of force majeure in an appropriate form.
20. contract term and termination
20.1 The User Agreement is concluded for an indefinite period of time and may be terminated by either party with two (2) weeks' notice without giving reasons.
20.2 The termination requires text form (by e-mail) or can be declared implicitly by deactivation of the user account by the user. In the event of termination, the User's profile will be deleted. The User is obligated to independently backup and export data (in particular customer data, invoices, etc.) prior to termination of the contract.
20.3 In addition, buycycle will exercise its right of ordinary termination and deletion of the User's account if the User has not logged in for at least one (1) year and has not responded to a reminder message.
20.4 The right of each contracting party to terminate the contract without notice for good cause shall remain unaffected. An important reason exists if the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiration of a notice period, taking into account all circumstances of the individual case and weighing the interests of both parties. buycycle is entitled to terminate the user contract without notice if an important reason exists. An important reason exists in particular if the user
- persistently and seriously violates his contractual obligations (clause 9. and clause 10.);
- culpably and seriously violates legal regulations when using the marketplace.
21. alternative dispute resolution
21.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr. This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
21.2 In order to participate in a dispute resolution procedure before a
Consumer arbitration board / universal arbitration board is buycycle not obliged and not ready.
22. amendment of the GTC
22.1 buycycle reserves the right to change these GTC at any time without giving reasons, unless this is unreasonable for the User. buycycle will notify the User of changes to the GTC in text form in due time. If the User does not object to the validity of the new GTC within a period of four (4) weeks after notification, the amended GTC shall be deemed accepted by the User. buycycle shall inform the User in the notification of his right to object and the significance of the objection period. If the User objects to the changes within the aforementioned period, the contractual relationship shall continue to exist under the original terms and conditions.
22.2. buycycle also reserves the right to change these GTC,
- to the extent that it is obliged to do so due to a change in the legal situation;
- insofar as he thereby complies with a court judgment or an authority decision directed against him;
- to the extent that it introduces additional, entirely new services, services or service elements that require a service description in the GTC, unless the existing usage relationship is adversely changed as a result;
- if the change is merely beneficial to the user; or
- if the change is purely technical or procedural, unless it has a significant impact on the user.
22.3 The parties' right of termination shall remain unaffected.
23. final provisions
23.1 These GTC and the contractual relationship between the parties shall be governed by the laws of the Federal Republic of Germany, excluding international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
23.2 If the User is a consumer and has no general place of jurisdiction in Germany or in another EU member state, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of buycycle in Munich.
23.3 If the User is a merchant within the meaning of the German Commercial Code, an entrepreneur within the meaning of § 14 of the German Civil Code, a legal entity under public law or a special fund under public law, the exclusive - also international - place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is the registered office of buycycle in Munich. buycycle is also entitled in all cases to bring an action at the place of performance of the service obligation in accordance with these GTC or a prior individual agreement or at the general place of jurisdiction of the User. Overriding statutory provisions, in particular regarding exclusive jurisdiction, remain unaffected.
