Terms of Service
The contractual language is only German. This is only a translation of the German terms and conditions which should help to inform the English speaking customer. In case of doubt only the German terms and conditions are binding.
Contract partner
Based on these terms of service the contract is entered between the customer and the company Dirk Langhuber, following called vendor.
The company Dirk Langhuber ist represented by:
Dirk Langhuber
Goerdelerstraße 5a
33102 Paderborn
VAT-ID: DE302474924
Contractual item
This contract defines the sale of new products via the online-shop (www.cycle2charge.de) of the vendor. The details of the offer are defined in the product description of the article.
Conclusion of the contract
The contract is entered via the shop system or via other communication methods like phone or e-mail.
The presented offers represent a nonbinding invitation to launch an offer by the customer order which can be accepted in the following by the vendor.
The order process of the shop system includes the following steps:
- Choice of the offer/product (kind and quantity)
- Insertion of the offer in the cart
- Submit by pressing the button “Checkout”
- Enter shipping and invoice address
- Choice of payment method
- Double check of all entries of the order
- Confirm the order by pressing “Conform order”
- Receive confirmation e-mail which states that the order has been received
Next to the shop system orders can also be placed by phone or e-mail, whereby the order process encompasses the following steps:
- Request by phone or e-mail
- Create an offer for the customer by the vendor
- Order by e-mail or phone
- Receive confirmation e-mail which states the acceptance of the order
The contract is entered with the delivery of the order confirmation.
Reservation of title
Pending full payment the delivered goods remain in the ownership of the vendor
Prices, Shipping costs, Return costs
All prices are final prices and include the legal value add tax. Next to the product prices additional prices for shipping and packaging might be charged, which are shown during the ordering process.
In case of usage of the cancellation right the customer has to bear the costs to return the goods.
Payment conditions
The customer has the following payment choices: Prepayment or Paypal.
Resellers do have the additional choice to order the goods on account. Further payment methods are not accepted and will be refused.
The amount invoiced has to be payed after receipt of the invoice. The invoice contains all information necessary for the bank transfer
Resellers who order on account are obliged to transfer the amount invoiced within 14 days on the stated bank account. The amount is to be payed strictly net. After expiration of the 14 days period the customer is behind with payments without further notice.
Delivery condition
The ordered goods will be shipped after confirmed receipt of payment. The shipment takes in average 2 days after receipt of payment. The vendor is obliged to hand the goods latest 5 days after receipt of payment over to the transport service provider. The total delivery time takes in average 3 days if not other stated. The vendor ships the good out of its own warehouse as soon as the complete order is available.
Warranty
If the customer is a reseller, the vendor may choose between repair and replacement in case of cure.
On top of that the German law applies.
Contract
The customer may review these terms of service everytime on the web-site www.cycle2charge.de.
If the customer needs to correct his entries during the order process he can return to the previews pages by using the “back” function of his internet browser.
Right of withdrawal
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Right of withdrawal for customers as consumer:
Consumer have the right of withdrawal, whereby consumers are every natural person who enters the contract that is mainly not intended to serve its professional or self-employed duties.
Instructions on withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us (Dirk Langhuber, Goerdelerstraße 5a, 33102 Paderborn, Email: info@cycle2charge.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
End of instructions on withdrawal
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Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
- To
Dirk Langhuber
Goerdelerstraße 5a
33102 Paderborn
Email: info@cycle2charge.de
- I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
- Ordered on (*)/received on (*),
- Name of consumer(s),
- Address of consumer(s),
- Signature of consumer(s) (only if this form is notified on paper),
- Date
___________
(*) Delete as appropriate.
Disclaimer
The claim of damages is excluded as far as as not stated otherwise below. This exclusion is also valid for deputies and representatives of the vendor if the customer claims compensation against them.
Excluded are claims of damages of the customer due to breach of significant contractual obligation which have to be fulfilled to reach the goal of the contract. This is also valid for claims of damages after grossly negligent or deliberate breach of duty of the vendor or his deputy or representative.
Transfer- and pledge prohibition
Demands or rights of the customer against the vendor may not be transferred or pledged without the approval of the vendor unless the customer proves a legitimate interest to transfer or pledge the demands.
Language, place of jurisdiction and applicable law
The binding contractual language is German.
Only the law of the Federal Republic of Germany will be applicable.
The place of jurisdiction is the hometown of the vendor as long as the customer is not a consumer.
Severability clause
The nullity of a clause of these terms of service has no effect on the effectiveness of the remaining clauses.
Version of these terms of service: January 2016