General Terms of Service

1. Scope, subject matter of the contract, definitions

a) The following general terms and conditions apply exclusively to the sale of goods between the customer (hereinafter "seller") and VeloBird UG, Wilhelmstr. 91, 10117 Berlin, (hereinafter “supplier”) as buyer.

b) Sellers can be consumers and entrepreneurs. Consumers within the meaning of § 13 BGB are natural persons who conclude the respective legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity. In other cases, the customers are entrepreneurs according to § 14 BGB.

c) The seller's own contractual provisions are not part of the contract unless the seller expressly agrees to them.

2. Conclusion of contract, sales processing, withdrawal

a) Sellers can sell their goods via the website www. bikebird. com for sale to the seller (item description and photos). The provider calculates a possible purchase price based on the information provided by the seller. The purchase price is non-negotiable.

b) The provider is not obliged to purchase the goods sent to her by the seller.

c) If the seller agrees to the price, he must notify the provider within seven days. The goods must then be sent to the provider for inspection within a further seven days.

d) The shipment represents the seller's offer to sell the goods. The acceptance of the goods and the inspection of the goods do not constitute acceptance of this offer by the provider. At this point, no purchase contract has yet been concluded. Only after verification will the provider accept or reject the seller's offer.

e) If the provider does not accept the seller's offer, the goods will be returned to the seller. The seller bears the costs for this.

f) The seller is obliged to pack the goods properly. If this does not happen, the seller is liable for any damage due to improper shipping.

g) The provider assumes no liability for the seller's personal belongings that are with the goods sent. These items will be disposed of by the provider after they are found.

h) If the seller behaves in breach of contract, the provider is entitled to withdraw from the contract in accordance with the statutory provisions.

3. Purchase requirements, returns

a) The provider will only buy goods related to two-wheelers.

b) The seller must send his goods within seven days after notification of a purchase price.

c) If the seller sends his goods after more than seven days, or sends the goods without having been informed of a purchase price, the seller is not obliged to buy these goods. In this case, the seller is responsible for the return (e.g. collection order via parcel service). The provider neither organizes the return nor accepts the return costs.

d) The provider only purchases goods that are the property of the seller and are free of third-party rights. Furthermore, the goods must comply with the requirements stated on the website www. bikebird. com.

e) If the goods sent do not fully or partially correspond to the descriptions of the seller or the conditions of purchase of the provider (e.g. B Imitations, unsaleable condition of the goods, damage, etc. ...) correspond, these will not be accepted for sale by the provider.

f) The seller can reclaim rejected goods from the seller, unless the seller and the seller agree on a different purchase price. With regard to the goods to be returned, no contract is concluded between the provider and the seller.

g) If no contract is concluded between the provider and the seller, the seller is obliged to accept the goods from the provider. The provider bears the shipping costs for returning the goods to the seller.

4. Purchase prices and shipping costs

a) All purchase prices communicated are given in euros and include the statutory value-added tax.

b) The costs for shipping the goods to the provider are borne by the provider. For this purpose, the provider issues a dispatch note and sends it to the seller free of charge.

c) If the provider does not accept the seller's offer, the seller bears the costs of returning the goods.

5. Terms of payment

a) The purchase price is paid out using the means of payment specified by the provider.

b) The payment will be made within 5 working days after receipt of the shipment. The seller must ensure that the bank details provided by him are correct and accessible from the time of notification to the provider. The seller is responsible for delayed transfers due to incorrect bank details. The transfer to the seller at a fixed date (so-called Fixed date) is only effectively agreed if it has been expressly confirmed in writing by the provider. If the transfer to the seller is not made within a reasonable period of time, the provider must be granted a reasonable grace period.

6. Property

a) By submitting his offer, the seller assures that he is the legal owner of the goods.

b) With the acceptance of the purchase offer, ownership of the offered goods is transferred to the provider.

c) By purchasing the goods, the provider does not enter into any contractual obligations of the seller or third parties associated with the goods. The seller indemnifies the supplier with the transfer of ownership of the goods from any payment or other claims of third parties in connection with the goods.

7. Liability, warranty

a) Statutory liability law applies

b) The statutory warranty right

applies

8. Privacy

a) The provider processes the seller's personal data for a specific purpose and in accordance with the legal provisions of the GDPR and the BDSG.

b) For more information, please refer to the Privacy Policy.

9. Final provisions (applicable law, contract language, contract text, place of jurisdiction, place of performance)

a) The law of the Federal Republic of Germany shall apply to contracts between the provider and the customer, to the exclusion of the UN sales law, insofar as there are no mandatory regulations to the contrary.

b) The contract language is German, unless there are mandatory regulations to the contrary.

c) The provider saves the text of the contract and sends the customer the order data by email. The customer can also view and download the GTC at any time on the seller's sales portal on the website.

d) If the seller is an entrepreneur or a legal entity, Berlin is agreed as the place of jurisdiction and place of performance.

A. Buyer Terms and Conditions for velobird. com

B. Cancellation policy

C. Sample revocation

A. General Terms and Conditions (GTC) for purchases on velobird. com

1. Scope, subject matter of the contract, definitions

a) The following general terms and conditions apply exclusively to the purchase of goods in the web shop at the URL www. bikebird. com (hereinafter “Website”). The operator of the website and seller of the products offered there is VeloBird UG, Wilhelmstr. 91, 10117 Berlin, (hereinafter "Provider")

b) The following general terms and conditions apply exclusively to the business relationship between the provider and the customer (hereinafter also "buyer") in the version valid at the time of the order.

c) Buyers can be consumers and entrepreneurs. Consumers within the meaning of § 13 BGB are natural persons who conclude the respective legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity. In other cases, the customers are entrepreneurs according to § 14 BGB.

2. Conclusion of contract and ordering process

a) The presentation of the products on the website does not constitute a legally binding offer, but an invitation to place an order. All offers are valid "while stocks last" unless otherwise noted on the products. Apart from that, errors remain reserved.

b) The customer can select products from the supplier's range and collect them in a so-called order system shopping cart using the "Add to shopping cart" shopping cart button. By clicking on the “Order with obligation to pay” button, he submits a binding request to purchase the products in the shopping cart. Before sending the order, the customer can change and view the data at any time.

c) The provider then sends the customer an automatic acknowledgment of receipt by e-mail, in which the customer's order is listed again and which the customer can print out using the "Print" function (order confirmation). The automatic confirmation of receipt only documents that the customer's order has been received by the provider and does not represent acceptance of the application. Any transmission of account data by e-mail for the purpose of payment in advance does not constitute a declaration of acceptance by the provider.

d) The purchase contract is concluded when the goods are sent to the buyer and this is communicated with a shipping confirmation by e-mail. The shipment and thus the acceptance of the contract can take place within two working days after receipt of the order.

3. Retention of title

The delivered goods remain the property of the provider until full payment has been made.

4. Prices, shipping costs, delivery restrictions

a) All prices stated on the website include the applicable statutory sales tax.

b) Insofar as the costs for shipping are to be borne by the customer, these will be communicated to the customer before the order is placed.

c) We will inform you about the delivery area and delivery restrictions on a separate page before the start of the ordering process.

5. Terms of payment

a) Payment is made using the means of payment specified on the website.

b) If payment is made by credit card, the credit card account will be debited immediately upon completion of the order. Otherwise, payment of the purchase price is due 14 days after receipt of the invoice. If the due date for payment is determined according to the calendar, the customer is already in default by missing the deadline. If payment in advance has been agreed, payment is due immediately after conclusion of the contract.

6. Material defect warranty, guarantee

a) The statutory right to defects applies.

b) Deviating from this, the limitation period for claims for defects in used goods is one year from delivery of the goods to the customer.

c) There is only a guarantee for the goods delivered by the supplier if this was expressly given in the item description for the respective item.

7. Liability

The statutory liability law applies.

8. Notice on online dispute resolution

The EU Commission provides a platform for online dispute resolution (OS platform), which is available at https://ec. Europe. eu/consumers/odr/ can be accessed.

9. Privacy

a) The provider processes the customer's personal data for a specific purpose and in accordance with the legal provisions of the GDPR and the BDSG.

b) For more information, please refer to the Privacy Policy.

10. Final provisions (applicable law, contract language, contract text)

a) The law of the Federal Republic of Germany shall apply to contracts between the provider and the customer, to the exclusion of the UN sales law, insofar as there are no mandatory regulations to the contrary.

b) The contract language is German, unless there are mandatory regulations to the contrary.

c) The provider saves the text of the contract and sends the customer the order data by email. The customer can also view and download the GTC at any time on the seller's sales portal on the website.

B. Cancellation policy

1. Cancellation policy

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving a reason. The cancellation period is 14 days from the day on which you or a third party named by you who is not the carrier took possession of the last goods or has

In order to exercise your right of withdrawal, you must inform us (VeloBird UG, Wilhelmstr. 91, 10117 Berlin, e-mail: info[at]velobird[punkt]com) by means of a clear statement (e.g. B a letter sent by post, telephone or e-mail) of your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.

Consequences of revocation

If you withdraw from this contract, we will owe you all payments we have received from you, including delivery costs (except for additional costs resulting from your choosing a different type of delivery than that offered by us, have chosen the cheapest standard delivery) immediately and at the latest within 14 days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us immediately and in any event no later than 14 days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send off the goods before the period of 14 days has expired.

You bear the cost of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to the handling of the goods that is not necessary to establish the nature, characteristics and functioning of the goods.

End of cancellation policy

C. Sample revocation text

(If you want to revoke the contract, please fill out this form and send it back. )

To

VeloBird UG

Wilhelmstr. 91

10117 Berlin

Email: info[at]velobird[dot]com

 

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

…………………………….

 

Ordered on (*)/received on (*)

…………………………….

 

Name of consumer(s)

…………………………….

 

Address of the consumer(s)

…………………………….

…………………………….

…………………………….

…………………………….

Signature of the consumer(s) (only if notification is on paper)

 

…………………………….

date

 

(*) Delete where not applicable.