1. GENERAL, CLIENTS, LANGUAGE
(1) All offers, purchase contracts, deliveries and services based on orders from our customers via our online shop www.nicolai-bicycles.com (hereinafter the “web shop”), including orders by telephone, e-mail, fax or post are subject to these General Terms and Conditions. Furthermore, these General Terms and Conditions also apply to sales at our production site unless the following regulations are specifically geared to distance selling.
(2) The product range in our webshop is aimed equally at distributors, dealers and end consumers. For the purposes of these General Terms and Conditions, (i) a consumer is any natural person who concludes the contract for a purpose that can be attributed neither to his commercial nor to his independent professional activity (§ 13 of the German Civil Code) and (ii) an “entrepreneur” is a natural or legal person or a legally capable partnership who acts in the exercise of his commercial or independent professional activity when concluding the contract (§ 14 Paragraph 1 BGB).
(3) The customer’s terms and conditions of business shall not apply, even if we do not separately object to their validity in individual cases.
(4) The contracts with the customer are concluded exclusively in German or English, depending on whether the customer places the order via the German-language site or non-German-language sites of the web shop. If the order is placed by the customer via our German-language website, the German version of these General Terms and Conditions shall apply exclusively. If the order is placed via our non-German-language websites, only the English version of these General Terms and Conditions shall apply.
2. CONCLUSION OF CONTRACT
(1) Our offers in the webshop, in catalogues and at our production site are non-binding.
(2) By placing an order in the webshop (which requires prior registration and acceptance of these General Terms and Conditions) the customer makes a binding offer to purchase the relevant product. The customer is bound to the offer until the end of 14 calendar days following the day of the offer. We are entitled to accept the offer within this period.
(3) We will send the customer a confirmation of receipt of the offer immediately upon receipt of the offer, which does not constitute acceptance of the offer. The offer shall only be deemed accepted by us as soon as we declare acceptance to the customer (by e-mail) or dispatch the goods. The contract of sale with the customer only comes into effect upon our acceptance.
(4) Every customer who is a consumer is entitled to revoke the offer in accordance with the special cancellation and return instructions, which are communicated to him together with the confirmation of receipt of his offer, and to return the goods.
(5) If the customer requests repair services, he must declare within two weeks after receipt of a requested cost estimate whether he accepts or rejects our offer in order to avoid unnecessarily long downtimes of customer wheels. If the customer does not declare within two weeks, we will set him an appropriate extension of one week. Upon expiry of this period without declaration on the part of the customer, we assume that we will reject our offer and in this case return the product to the customer at the customer’s expense. We will also point this out to the customer separately when setting a grace period.
3. PRICES AND PAYMENT
(1) Our prices include the statutory value added tax and the shipping costs. Customs duties and similar charges shall be borne by the customer.
(2) Unless expressly agreed otherwise, we only deliver against prepayment (in the manner indicated on the order form). At the request of the customer, which must be stated in the order form, we also deliver the goods against payment of the invoice amount at our business premises at Altenbekener Straße 2a, D-31008 Elze / Mehle.
(3) The customer has no right of set-off or retention, unless the counterclaim is undisputed or legally binding.
4. DISPATCH OF THE GOODS
(1) We shall dispatch the goods to the customer no later than the dispatch date shown on the respective offer page when the order is placed (date of handover of the goods by us to the shipping company), whereby this is only approximately valid and may therefore be exceeded by up to two working days. If no shipping date is indicated, goods marked “FROM STOCK” will be shipped on the fifth working day at the latest (subject to a sale permitted under paragraph (2)) and all other goods within three weeks. This period for determining the date of dispatch begins on the day of receipt of the complete purchase price (including VAT and shipping costs).
(2) If the goods are marked as “FROM STOCK” when the customer submits the offer in the webshop, we will keep the goods in stock within a period of five working days after our acceptance of the offer; if we do not receive payment within this period, we shall be entitled to sell the goods at any time. In this case, the goods will only be dispatched within the specified period of five working days while stocks last. Otherwise, a period of three weeks from receipt of payment shall be deemed agreed for dispatch.
(3) In the event that our supplier does not deliver goods which were not marked as “FROM STOCK” on the customer’s offer page in the webshop or which were sold off in accordance with paragraph 2, the period otherwise specified in paragraphs (1) and (2) shall be extended until delivery by our supplier plus two working days, but for a maximum period of three weeks. The prerequisite for this extension is that we order the goods immediately and are not responsible for the delay in delivery by our supplier.
(4) If the goods cannot be delivered or cannot be delivered on time for one of the reasons stated in paragraph (3), we will notify the customer immediately. In these cases we will make an individual agreement with the customer regarding the delivery date. If the goods are not available from our suppliers for the foreseeable future, we are entitled to withdraw from the purchase contract. In the event of withdrawal, we will immediately reimburse the customer for any payments made to us. The customer’s statutory rights due to delay in delivery shall not be affected by the above provision, whereby the customer may only claim damages in accordance with the special provisions of Section 8 of these General Terms and Conditions. If the goods are permanently unavailable, we will refrain from declaring acceptance. A contract is not concluded in this case.
(5) Should we fail to meet a delivery date, the customer must grant us a reasonable grace period which must not be less than one week.
(6) We are entitled to make partial deliveries of separately usable products included in an order, whereby we shall bear the additional shipping costs caused thereby.
(7) If a collection date has been agreed with the customer and the customer does not meet the date, we will set the customer a reasonable extension of one week and reserve the right to withdraw from the contract upon expiry of this period. We will also point this out to the customer separately when setting a grace period.
5. SHIPPING, INSURANCE AND TRANSFER OF RISK
(1) NICOLAI Bikes are completely assembled and adjusted by qualified technicians in the factory.
(2) Unless expressly agreed otherwise, we shall determine the appropriate mode of dispatch and the transport company at our reasonable discretion. We bear the shipping risk if the customer is a consumer.
(3) We are only responsible for the timely and proper delivery of the goods to the transport company and are not responsible for delays caused by the transport company. A delivery time stated in the webshop is therefore not binding.
(4) If the customer is a consumer, the risk of accidental loss, accidental damage or accidental loss of the delivered goods shall pass to the customer at the time the goods are delivered to the customer or the customer is in default of acceptance. In all other cases, the risk shall pass to the customer upon delivery of the goods to the transport company.
(5) The shipping costs are to be borne by the buyer. They include the costs of transport insurance taken out by us against the usual transport risks. The corresponding shipping costs are indicated to the customer in the order form.
(6) In the event of revocation, the customer shall bear the regular costs of the return shipment if the delivered goods correspond to the goods ordered and if the price of the goods to be returned does not exceed an amount of EUR 40.00 or if the customer has not yet rendered the consideration or a contractually agreed partial payment at a higher price of the goods at the time of revocation.
6. RETENTION OF TITLE
(1) We reserve title to the goods delivered by us until full payment of the purchase price (including VAT and shipping costs) for the goods concerned.
7. WARRANTY, WARRANTY, RIGHT OF RETURN
(1) If the delivered goods have a material defect, the customer may first demand that we remedy the defect or deliver defect-free goods.
(2) We can refuse the type of subsequent performance chosen by the purchaser if this is only possible with disproportionate costs.
(3) If the subsequent performance according to clause 7 fails or is unreasonable for the customer or we refuse the subsequent performance, the customer is entitled to withdraw from the purchase contract, to reduce the purchase price or to claim damages or reimbursement of his futile expenses in accordance with the applicable law. The special provisions of Section 8 of these General Terms and Conditions also apply to the customer’s claims for damages.
(4) The legal warranty period is two years from delivery, in the case of used goods which have been inspected or maintained according to manufacturer’s instructions and repaired goods one year if the customer is a consumer.
(1) Our liability for negligence (except gross negligence) is limited to an amount of (10)% of the respective purchase price (including VAT) in the event of a delay in delivery.
(2) We are not liable (on whatever legal grounds) for damages which are typically not to be expected according to the type of the respective order and the goods and under normal use of the goods. The above limitations of liability shall not apply in the event of intent or gross negligence.
(3) Claims for damages of the customer due to obvious material defects of the delivered goods are excluded if he does not notify us of the defect within a period of two weeks after delivery of the goods.
(4) The limitations of this Clause 8 do not apply to our liability for guaranteed quality characteristics iSv. 444 BGB, because of injury to life, body or health or under the Product Liability Act.
9. DATA SECURITY
(1) We may process and store the data relating to the respective purchase contracts insofar as this is necessary for the execution and processing of the purchase contract and as long as we are obliged by law to store this data.
(2) We reserve the right to transfer the customer’s personal data to credit agencies insofar as this is necessary for the purpose of a credit check, provided that the customer expressly agrees to this in individual cases. We will also not pass on any other personal customer data to third parties without the expressly declared consent of the customer, except to the extent that we are legally obliged to surrender data.
(3) We are not permitted to collect, transmit or otherwise process the customer’s personal data for purposes other than those mentioned in this clause 9.
10. APPLICABLE LAW
(1) The contract of sale existing between us and the customer is subject to the law of the Federal Republic of Germany under exclusion of the UN Convention on Contracts for the International Sale of Goods, subject to mandatory international private law regulations.
Information on data protection at NICOLAI GmbH
NICOLAI GmbH (hereinafter referred to as “NICOLAI” or “we” or “us”), represented by its managing director Mr. Karlheinz Nicolai, is pleased about your interest in the company NICOLAI and about your visit to this website. Data protection and data security when using our websites are very important to us. We would therefore like to inform you at this point which of your personal data we collect when you visit our websites and for what purposes they are used.
This data protection declaration can be called up, saved and printed out at any time under the URL www.nicolai-bicycles.com Since changes in the law or changes in our internal processes may make it necessary to adapt this data protection declaration, we ask you to read this data protection declaration regularly.
1. SCOPE OF APPLICATION
This data protection declaration applies to the website of NICOLAI GmbH, Altenbekener Straße 2a, D-31008 Elze / Mehle, which can be accessed under the domain “https://www.nicolai-bicycles.com/shop/”. All websites covered by the scope of this data protection declaration are hereinafter referred to in summary as “NICOLAI website” or “our website”.
2. WHAT IS PERSONAL DATA?
Personal data is information that can be used to obtain personal or factual information about you (e.g. name, address, telephone number, date of birth or e-mail address). Information with which we cannot (or only with a disproportionate effort) establish a reference to your person (e.g. by anonymizing the information) is not personal data.
3. WHICH PERSONAL DATA ARE COLLECTED AND PROCESSED BY US?
You can use most of our websites without providing personal data.
3.1. CONTACT FORM
However, if you take the opportunity to send us enquiries using our contact form, we will ask you for your first and last name, your e-mail address and the subject area of your enquiry. In addition, you can voluntarily provide your address and telephone number and, if necessary, order a newsletter. It is your free decision whether you provide us with this data. Without this information, however, we may not be able to answer your inquiry or we may only be able to do so to a limited extent.
3.2. CUSTOMER ACCOUNT
For a purchase in our online shop it is necessary that you provide us with all data necessary for the fulfilment of the respective order. This includes in particular your first and last name, your order address, if applicable your different delivery address, your desired shipping method and relevant data on the desired payment method.
4. WHAT DOES NICOLAI GMBH USE YOUR DATA FOR?
NICOLAI uses your personal data exclusively to offer you a comprehensive service via the NICOLAI websites or to meet your contact requirements. Your personal data will not be used for any other purpose. Your personal data will not be transmitted to third parties or used for advertising purposes unless you have expressly consented to this.
4.1. CONTACT FORM
When using our contact form, the data mentioned under 3.1. will be collected and processed in particular in order to comply with your request or to fulfil your requests for information. By ordering the free newsletter you allow NICOLAI to inform you at irregular intervals about current industry news as well as services, products and offers from NICOLAI on the topics you have chosen. You can unsubscribe from the newsletters you have subscribed to at any time. Please use the form at https://www.nicolai-bicycles.com
4.2. CUSTOMER ACCOUNT
The data collected in the context of an online purchase serves to fulfil the corresponding purchase contract in accordance with Section 3.2. of this data protection declaration. The data of the customer account will not be used for any other purposes. Your log-ins are not evaluated and customer data is not linked to your other data.
We do not create any personal user profiles.
In connection with the retrieval of the information requested by you, data will only be stored on our servers in anonymised or pseudonymised form for the provision of our various services or for evaluation purposes.
Here general information is logged, e.g. when which contents from our offer are called up or which pages are visited most frequently.
For these purposes we use so-called “cookies” (small text files with configuration information). The cookies used serve in particular to determine the frequency of use and the number of users of our websites. This tells us which area of our websites and which other websites our users have visited.
However, these usage data do not allow any conclusions to be drawn about the user. All of this anonymously collected usage data will not be merged with your personal data according to section 3 of this data protection declaration and will be deleted immediately after the end of the statistical evaluation.
Most browsers are pre-set to automatically accept cookies. However, you can deactivate the storage of cookies or set your browser so that it informs you before cookies are stored. Users who do not accept cookies may not be able to access certain areas of our websites.
However, it is generally possible to use our websites without accepting cookies.
Our websites also include plug-ins from the social network Facebook. These are operated exclusively by Facebook. The plug-ins are identified by the “I like” button or the Facebook logo as part of our online presence. When you visit a subpage of our websites that contains such a plug-in, your browser connects to Facebook’s servers, which in turn transmits the content of the plug-in to your browser and integrates it into the page displayed. As a result, information about your visit to our website is forwarded to Facebook.
If you are logged in to Facebook simultaneously via your personal user account (e.g. via another browser session) during your visit to our websites, Facebook can assign the visit to our website to your account. By actively interacting with these plug-ins, e.g. by clicking the “I like” button or leaving a comment, this information is sent directly to Facebook and stored there. Should you wish to prevent such data transmission, you must log out of your Facebook account before visiting our websites.
While you are on the website www.hnf-nicolai. com, cookies are stored on your computer. These cookies enable us to better understand what interests you. In addition, through our online advertising partner AdRoll, we can reach you on third-party websites based on your previous interaction with www.hnf-bikes.com. No personal data such as your name, e-mail address, postal address or telephone number is collected in this process. To avoid these targeted AdRoll promotions, you can visit this site and disable the process. https://www.networkadvertising.org/choices/
6. GOOGLE ANALYTICS / GOOGLE REMARKETING
7. SECURITY MEASURES TO PROTECT THE DATA STORED BY US
Personal data that you entrust to us via our websites and in e-mail traffic with us are secure. We commit ourselves to protect your privacy and to treat your personal data confidentially.
If we collect data, we store your data on specially protected servers. Access to it is only possible for a few specially authorised persons. Only specially assigned employees who are involved in technical, commercial or editorial support have access to these servers. They are obliged to treat any personal data they become aware of in this context as strictly confidential and to observe our data protection information.
In order to prevent the loss or misuse of data stored at NICOLAI, we take extensive technical and organisational security precautions, which are regularly reviewed and adapted to technological progress.
However, we would like to point out that due to the structure of the Internet, it is possible that the rules of data protection and the above-mentioned security measures may not be observed by other persons or institutions outside our area of responsibility. In particular, unencrypted data can be read by third parties – even if this is done by e-mail. We have no technical influence on this. It is the responsibility of the user to protect the data provided by him against misuse by encryption or in any other way.
8. WILL YOUR DATA BE PASSED ON TO THIRD PARTIES?
The personal data collected on these websites are stored and processed on various NICOLAI servers. Your personal data will not be passed on to third parties. Although we do everything to protect your personal information, we may be required to disclose personal information to public authorities if required by law and/or ordered to do so by a court order.
9. HYPERLINKS TO EXTERNAL WEBSITES
Our websites contain so-called hyperlinks to websites of other providers. When these hyperlinks are activated, they are forwarded directly from our websites to the websites of other providers. You can recognize this, for example, by the change of the URL.
We cannot assume any responsibility for the confidential handling of your data on these third-party websites, as we have no influence on whether these companies comply with data protection regulations. Please inform yourself directly about the handling of your personal data by these companies on these websites.
10. INFORMATION ON YOUR PERSONAL DATA/DELETION STORED BY NICOLAI
NICOLAI will only store your data for as long as permitted by law.
Upon your request, we will be happy to inform you at any time whether and which of your data we have stored. If, despite our efforts to obtain correct and up-to-date data, we have stored incorrect personal data, we will correct this immediately upon your request. If you wish to delete the stored data, this deletion will also take place immediately upon your request. If deletion is not possible for legal reasons, the respective data will be blocked instead. Please note, however, that if your data is deleted, we may no longer be able to offer you all or part of the services offered on our websites.
In such cases, please contact us in writing, clearly identifying yourself:
Altenbekener Straße 2a
D-31008 Elze / Mehle
SHIPPING AND PAYMENT CONDITIONS OF NICOLAI GMBH, D-31008 Elze / Mehle
All deliveries are made by the parcel service UPS as well as by selected forwarding agencies. Subsequent deliveries within the EU will of course be sent free of charge. Outside the EU, we will inform you in advance of any costs incurred.
Delivery is always subject to availability. The purchase contract is concluded upon performance by NICOLAI, i.e. it is not legally binding until the goods have been handed over in accordance with the delivery note. For catalogue, telephone and internet orders we will inform you about the receipt of your order by e-mail.
All our packages are insured in transit. Please check the package immediately upon receipt for external damage. Any damage must be reported to the transport company within 24 hours. You will receive a confirmation of your message, which you send to us together with the original package and a copy of the invoice. Please contact us by phone before shipping.
Assembled bicycles are delivered exclusively in a special bike box, for which no additional costs arise.
Shipping costs for deliveries to EU countries are calculated with the country-specific VAT.
Orders with delivery address to non-EU countries are indicated in the shopping basket including German VAT. When invoicing the invoice, the amounts of the ordered items are stated net. For deliveries abroad, customs and import charges may apply in the country of destination. These costs are to be borne by the recipient. NICOLAI GmbH has no influence on these fees.
A refund of VAT on the execution of goods paid in Biesenthal can only take place if an export buyer’s certificate for VAT purposes is sent to us within 3 months after the invoice date. You can obtain the form free of charge from us.
For deliveries within Germany you can pay as follows:
We will send you an advance invoice before assembly. After receipt of payment, the goods are picked and dispatched for you.
In cooperation with AKF Bank. Please ask our staff for the currently valid conditions.
If you want to lease your bike and it is supported by your employer, you and your employer benefit through deferred compensation and 1% rule. We would be happy to advise you in detail.
You have the right to revoke this contract within fourteen days without giving reasons.
The period of revocation is fourteen days from the date on which you or a third party appointed by you, who is not the carrier, took or has taken possession of the goods. In order to exercise your right of revocation, you must give us
Altenbekener Str. 2a
D-31008 Elze / Mehle
Telefon: +49 (0) 5068-72699-500
inform you of your decision to cancel this contract by means of a clear declaration (e.g. a letter, fax or e-mail sent by post). In order to comply with the revocation period, it is sufficient that you send the notice of the exercise of the revocation right before the expiry of the revocation period.
CONSEQUENCES OF THE REVOCATION
If you cancel this Agreement, we will refund all payments we have received from you, including delivery costs (except for the additional costs resulting from your choosing a delivery method other than the cheapest standard delivery offered by us), immediately and at the latest within 14 days from the day we receive notice of your cancellation of this Agreement. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you can prove that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case at the latest within fourteen days from the day on which you inform us of the revocation of this contract. The deadline is met if you dispatch the goods before the expiry of the fourteen-day deadline.
You bear the direct costs of returning the goods if the price of the item to be returned does not exceed 40.00 EUR. Otherwise we bear the costs of returning the goods. Excluded from reimbursement by us are costs for special services such as express surcharges, over-night services, pick-up services or similar.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods which is not necessary for checking the quality, properties and functioning of the goods.