General Terms and conditions

General Terms and Conditions (GTC) and consumer information

1 Scope

1.1 These terms and conditions of \"MHW Bike House GmbH\" (hereinafter referred to as “seller\") shall apply to any sales, deliveries and services provided by the seller that the customer shall purchase from the seller via “www.mhw-bike-house.de“. We herewith object to the inclusion of the customer’s own conditions, unless otherwise agreed. For the purchase of the vouchers the corresponding terms and conditions are applied, unless otherwise indicated.

1.2 Customers in the sense of paragraph 1.1 shall be consumers as well as entrepreneurs, whereas consumers shall be any natural person who concludes a legal transaction with an aim that cannot be connected to neither a commercial nor a self-employed occupational activity. Entrepreneurs, however, shall be any natural or legal person or partnership with legal capacity who undertakes self-employed occupational or commercial activities, when concluding a legal transaction.

2 Conclusion of contract

2.1 The product descriptions presented in the seller’s online shop provide a basis for the customer to submit a legally binding bid.

2.2 The customer shall be able to submit the bid in writing, i.e. by fax, by email or by the online order form that is integrated into the seller’s online shop. In case of a purchase via the online order form, the customers shall make a legally binding contractual offer with regard to the goods contained in the shopping basket after having entered their personal data and by clicking the button “submit order\" in the final step of the order process. Before the binding submission of the order, all entries can be constantly corrected via the common keyboard and mouse functions. In addition to this, all entries shall be displayed again in a confirmation screen before the binding submission of the order and can be corrected by means of the common keyboard and mouse functions there too.

2.3 The seller shall immediately confirm the receipt of the customer’s bid electronically (fax or email). The seller can accept the customer’s bid by a written (letter) or electronically transmitted (fax or email) order confirmation or by delivering the goods within two days. The seller shall be entitled to refuse the acceptance of the order – for example after having assessed the customer’s creditworthiness.

2.4 In case the order is submitted electronically, the text of the contract (consisting of the ordering data and the GTC) shall be stored by the seller and sent to the customer by email after the contract has been concluded.

2.5 The transaction of the purchase and contacting shall take place by email and the automated conclusion of the purchase. The customer shall ensure that the email address indicated for the transaction of the purchase is correct so that the customer can receive the emails sent by the seller under this address. Especially when using spam filters, the customer shall ensure that all emails sent by the seller or the seller’s service providers regarding the transaction of the purchase can be received.

3 Return expenses when exercising the right of withdrawal

In case the customer has a right of withdrawal pursuant to § 312d paragraph 1 clause 1 BGB (German Civil Code), the customer shall be charged with the regular expenses of the return shipment when exercising the right of withdrawal if the price of the item to be returned does not exceed the amount of EUR 40 Euro or if the customer has not yet rendered the return service or a partial payment at the time of the withdrawal in case of a higher priced item, unless the delivered goods do not correspond to those in theorder. In any other case, the seller shall bear the expenses for the return shipment.

4 Prices and terms of payment

4.1 The prices indicated by the seller shall be understood as final prices, i.e. they include all price components, including the statutory German value-added tax. Additional delivery and shipment costs that might accrue shall be indicated separately in the respective product description given in the offer. In case of cross-border deliveries, further costs might accrue in individual cases, such as further taxes (for example in the event of an intra-Community acquisition) and/or charges, for example in the form of custom duties. 4.2 In case of deliveries within Germany, the seller shall offer the following payment options:

1. cash in advance by
• bank transfer
• PayPal
2. cash on delivery
3. cash on collection
4. Payment voucher
5. Pay with credit card

4.3 In case of deliveries abroad, the seller shall offer the following payment options:

1. cash in advance by
• bank transfer
• PayPal
2. cash on delivery
3. Pay with credit card
4. Payment voucher

4.4 In case cash in advance is agreed, the payment shall be due immediately after the conclusion of the contract.

4.5 In case of collection by the customer, the seller shall first inform the buyer by email that the goods ordered by the customer are ready for collection. After receipt of this email, the buyer can collect the goods during the seller’s shop hours (Mon - Fri from 10.00 a.m. - 12.30 p.m. and 02.00 p.m. - 06.00, Thu and Fri until 07.00 p.m., Sat from 09.00 a.m. - 02.00 p.m.) at the seller’s retail shop. In this case, no shipment costs shall be charged.

5 Terms of delivery and shipment

5.1 The delivery of goods shall be regularly performed on the dispatch route and to the delivery address indicated by the customer. When processing the transaction, solely the delivery address indicated in the seller’s purchasing process shall be decisive.

5.2 If the goods cannot be delivered to the customer, the transport company commissioned by us shall return the goods to the seller, whereby the customer shall have to bear the expenses for the unsuccessful delivery. This shall not apply if the customer is not responsible for the unsuccessful delivery attempt.

6 Liability of defects

The statutory liability of defects shall apply.

7 Information on Batterieverordnung (Battery Directive)

7.1 Used batteries must not be disposed with the household waste. The customer can dispose used batteries at a communal place of collection or at a local retailer. Except for starting batteries, the disposal of batteries at communal places of collection is free of charge. Batteries that the customer has received by the seller can be returned to the seller after usage by post with sufficient postage. The dispatch of used starting batteries shall not be permitted in accordance with the Gefahrgutverordnung (regulation for the transport of dangerous goods).

7.2 Batteries that contain harmful substances are marked with the symbol of a crossed garbage bin. Below the garbage bin symbol, the chemical name of the harmful substance is displayed – for examle \"Cd\" for cadmium. \"Pb\" stands for lead, \"Hg\" for mercury.

7.3 The customer can read this information in the accompanying documents of the shipment or in the manufacturer’s manual.

8 Applicable law

8.1 All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany excluding the laws on the international purchase of movable objects. For consumers, this shall only apply to the extent that the granted protection is not withdrawn by imperative provisions of the law in the country which the consumer usually resides in.

8.2 In case, the customer is a merchant, a legal person under public law or a special fund under public law the exclusive place of jurisdiction for all disputes arising out of this contract shall be the location of the seller’s registered office. The same shall apply if the customer does not have a general place of jurisdiction in Germany nor in the EU or if the place of residence or the usual place of abode are not known at the time the complaint is being filed. The possibility to invoke the court of another legal jurisdiction shall remain unaffected hereof.

8.3 The language of the contract shall be German.