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Legal Info

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GTC

General Terms & Conditions of Muli-Cycles GmbH

1. General Information

(1) All services made on the basis of any orders by our customers through our online shop www.muli-cycles.de including orders by telephone, e-mail, fax, or mail shall be governed by these general terms and conditions of sale. Diverging regulations are only valid if negotiated individually between online shop and customer.

(2) The customer's conditions of sale do not apply, even if they are not specifically mentioned.

2. Conclusion of Contract

(1) Our offerings published in the Internet Shop, in catalogues, and in our other displays are non-binding offers to the customer to order goods in the online shop. By ordering the respective goods on the internet the customer provides a binding offer to the conclusion of a selling contract. The customer is bound to this offer up until the fifth calender day following the offer. We own the right to accept this offer within this deadline.

(2) The online shop confirms the order immediately after the order has been received. Neither the order confirmation nor the acceptance of an order via telephone constitute a contractual agreement on our side, though. We accept the offer only by shipping the products to you or by declaring so via email.

(3) The goods the customer orders are the object of the contract. The description on our website needs to match the condition of the goods. Additionally, § 434 Abs.1 Satz 3 BGB is valid.

3. Return Policy

Right to Cancel

You own the right to withdraw from the contract within fourteen days without giving any reasons. The withdrawal period counts fourteen days from the day on which you or a third party anointed by you have taken possession of the goods. In order to make use of your right to cancel, you need to inform us through a definite declaration (for example by mail, fax machine, or email) that you wish to withdraw from the contract:

Muli Cycles GmbH

Hohenrotherstraße 11
35759 Driedorf

telephone: 02775/953133
fax machine: 02775/953134 e-mail: info@muli-cycles.de

In order to remain within the withdrawal period it suffices to send the declaration about making use of the right to cancel before the respective period has ended.

Consequences Cancelling the Contract

If you withdraw from this contract, we are obliged to return all payments, including the delivery costs (despite any additional costs emerging from using a different method of delivery than the cheapest standard method we offer), as soon as possible and at the latest within fourteen days after the declaration of the cancellation has reached us. For the repayments we use the same method of payment as the one you have chosen for the original transaction, unless we have specifically negotiated an alternative method with you. There will not be any fees for the repayments whatsoever. We can deny the repayment until we have received the goods or until you can prove that you have sent them back to us. You are obliged to resend the goods to us as soon as possible and at the latest within fourteen days after the day on which you informed us about the withdrawal from this contract. You remain within the withdrawal period if you send off the goods before the period ends. You bear the immediate costs of the return shipping of the goods. The costs are estimated to approximately 100 EUR at the highest. You only need to reimburse us for a possible loss of value of the goods if this loss of value is due to an unnecessary treatment of them on your side.

4. Prices

(1) Our prices include statutory VAT (GST), but are net of shipping costs. Prices in non-EU countries (excluding Australia and New Zealand) do not include VAT (GST). Any customs duties and similar public charges shall be borne by the customer.

(2) The Customer shall have no right of set-off or retention, except to the extent that the counterclaim has not been disputed by us or been determined by a final and binding decision.

5. Dispatch of the Product

(1) We shall dispatch the product prior to or on the date of dispatch (for example the date on which the product is handed over by us to the carrier), as set out on the offer page when the customer places the order; provided, however, that any such date of dispatch shall be only approximate and may therefore be exceeded by up to three business days.

(2) In the event that we fail to deliver in a timely manner, the customer needs to set us an extended deadline of at least one week.

(3) We merely owe a timely and lawful delivery of the goods to our carrier and are not responsible for any delays on the side of the carrier. Thus, a given delivery period is non-binding.

(4) We own the right to partially deliver individually usable products of the same order, but we bear any thus-resulting additional costs.

6. Shipping, Passing of Risk

(1) The Muli bicycles are fully assembled by us; merely some constituents such as wheels, pedals, handlebar and seat post are disassembled for means of transport. These constituents need to be assembled by the customer after receiving the parcel with the help of the paper manual provided.

(2) If not specifically negotiated otherwise, we determine the appropriate shipping method and the carrier at our reasonable discretion.

(3) At the latest with handing over the object of delivery to the forwarding agent, freight forwarder, or other third party responsible for the delivery, the risk of transportation passes over to the customer.

7. Payment, Retention of Title

(1) All given prices are gross prices in euro which include the statutory value added tax of currently 19%. The prices from the respective day are valid.

(2) In case not explicitly negotiated otherwise, the payment of our services is only possible:

via direct debit payment, credit card, Paypal, immediate transfer, prepayment. (The customer is obligated to pay the given price via transferring to our bank account. With payments in advance, you receive an email from us which states the exact billing details. Therefore please enter your email address and your telephone number into the order form, so that we can contact you. Please give your name and billing address as purpose of payment on the bank transfer slip, so that we can assign your payment to your order.

(3) We retain legal title to any product supplied by us until the purchase price (including VAT and shipping costs) for such product has been fully paid.

8. Warranty

(1) The statutory warranty is valid for two years from the date of delivery. In the case of used goods, which have been examined or maintained and reconditioned, in accordance with the manufacturer's specifications, the statutory warranty is valid for a period of one year, if the customer is the end-user.

(2) If the remedy (supplementary performance) has taken place through a replacement delivery, the customer is obligated to resend us the originally delivered product within 15 days on our cost. The resending of the non-satisfactory goods needs to take place according to the legal requirements. We own the right to demand compensation for the damages according to the legally-defined conditions.

(3) We may refuse to remedy a defective product in the manner requested by the Customer if such remedy would result in unreasonable costs.

(4) If the remedy entails a replacement of frames, bike forks, cargo baskets and handlebars, we replace those in the same colour if available. Otherwise, we own the right to replace the products in a different colour.

9. Liability

(1) Our liability for negligence, other than for gross negligence, resulting from late delivery shall be limited to an amount equal to (10)% of the aggregate purchase price (including VAT).

(2) We shall not be liable (on whatever legal grounds) for damages which may not reasonably be foreseen, considering the type of the relevant order and product and assuming a normal use of the product.

(3) Damage claims of the Customer based on obvious defects of the product are excluded, unless the Customer reports the defect within two weeks after the delivery of the product.

(4) The provisions of this Section 8 shall not apply with respect to our liability for guaranteed product specifications (within the meaning of Sec. 444 of the German Civil Code), personal injury or under the German Product Liability Act.

10. Privacy

You can review our privacy policy here abrufbar.

11. Copyright

The contents and portrayals on this websites fall under the German copyright laws. The duplication, reproduction, processing and any other types of use beyond the copyright limits are only possible with a written permission by the respective author or provider.

12. Further Issues

The European Union has established an online platform (“OS-Plattform”), where consumer disputes can be settled out-of-court. You find this platform via: http://ec.europa.eu/consumers/odr

13. Contents and Hyperlinks on our Website

The free and open-access contents of this website have been created with the utmost care. However, the provider takes no responsibility for the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. As service provider we are responsible for our own contents according to § 7 Abs.1 TMG. According to §§ 8 bis 10 TMG we are not obligated as service provider, though, to monitor or check external sources for unlawful contents. Obligations for deleting or blocking the use of information according to general laws are not touched by this. A liability of this sort is only possible from the moment an explicit legal violation becomes known, though. With the knowledge of respective legal violations these contents are instantly deleted.

Our website contains hyperlinks to third-party websites (“external links”). These websites fall under the liability of the provider concerned. The provider has checked the external link for unlawful contents when first linked to this website. At this point of time there was no unlawful content to be detected. The provider has no influence whatsoever on the current or future design or content of the linked websites. The usage of external links does not indicate that the provider claims ownership over the content behind the references or links. A constant control over the external links without direct indication of possible legal infringements is unreasonable for the provider. In case of an awareness of such, though, external links of this sort will immediately be deleted.

13. Final Provisions

Any contracts entered into between us and the Customer shall be governed by the laws of the Federal Republic of Germany under exclusion of the UN Convention on the International Sale of Goods (CISG).

In case the customer does not have a general place of jurisdiction in Germany or another EU country, our place of business is the exclusive place of jurisdiction responsible for any disputes concerning this contract.

I. Terms & Conditions for “Ratenkauf” by easyCredit

1. Scope and general terms of use

The following terms and conditions shall apply between you and the retailer for all contracts concluded with the retailer for which “Ratenkauf” by easyCredit (hereinafter referred to as “Ratenkauf”) is used.

In the event of dispute the general terms and conditions contained herein shall take precedence over any general terms and conditions of the retailer.

A “Ratenkauf” shall only be made available to customers who are deemed to be consumers according to § 13 BGB (the German civil code) and are aged 18 or over.

2. “Ratenkauf”

The retailer, with the support of the TeamBank AG Nürnberg, Beuthener Straße 25, 90471 Nürnberg (hereinafter referred to as TeamBank AG), shall provide “Ratenkauf” as a further payment option for your purchase on the internet.

The retailer shall be entitled to determine your credit worthiness. For further details please refer to the “Ratenkauf” data protection provisions (see below, figure II). In the event that the use of “Ratenkauf” is not possible due to insufficient credit worthiness or turnover limitations on the part of the retailer, the retailer shall be entitled to offer you an alternative payment option.

The contract for a “Ratenkauf” shall be concluded between you and the retailer. By using “Ratenkauf” you choose to pay the purchase price in monthly instalments. For an agreed fixed duration, monthly instalments shall be paid. In certain circumstances, the final payment may differ from the previous instalments. The goods shall remain the property of the retailer until payment has been made in full.

The receivables accrued through the use of „Ratenkauf“ shall be assigned to the Teambank AG in the form of an ongoing factoring agreement. Payments leading to a discharge of the debt may only be made to the Teambank AG.

3.  Payment of Instalments by SEPA Direct Debit

Through the SEPA direct debit mandate issued with the “Ratenkauf” you authorise the Teambank AG to debit the outstanding payments from the current account indicated during the order process held at the bank specified by way of SEPA direct debit.

The Teambank AG shall give notice of the direct debit by e-mail at the latest one calendar day before the direct debit is due (pre-notification). The direct debit shall be executed no earlier than the date indicated in the pre-notification. The transaction can be carried out after but near to the due date.

If there is a reduction in the purchase price (e.g. through customer credit) between the prenotification and the due date, the amount debited may differ from the amount stated in the pre-notification.

You are responsible for ensuring that your current account holds sufficient funds at the time that the payment is due. Your bank is not obliged to honour the direct debit in the event that your current account does not hold sufficient funds.

If, due to a lack of funds held in the current account, an unjustified refusal by the account holder or account closure, the direct debit is returned, you shall be, without further reminders, deemed to be in default, unless the direct debit was returned in circumstances for which you were not liable.

The charges resulting from a returned direct debit shall be passed on to you and shall be settled by you.

In the event of default, the TeamBank AG shall be entitled to charge an appropriate reminder fee or interest on arrears at a rate of five percentage points higher than the base rate of the European Central Bank.

Due to the high costs associated with returned direct debits, we ask you not to refuse direct debits in the event of withdrawal from the purchase contract, returning the product or making a complaint. In such cases a reverse transfer will be made in agreement with the retailer or the account will be credited.


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