General Terms and Conditions

of

Nicolai Gesellschaft für Zweirad und Maschinenbau mbH
Altenbekener Str. 2a
D-31008 Elze / Mehle
nicolai@nicolaibike.de

 

1. GENERAL, CLIENTS, LANGUAGE

a) All offers, sales contracts, deliveries and services based on orders placed by our customers via our online shop www.nicolai-bicycles.com (hereinafter referred to as the “Web Shop” or the Website), including orders by telephone, e-mail, fax or mail are subject to these General Terms and Conditions. Furthermore, these General Terms and Conditions shall also apply to sales from our production facilities insofar as the following provisions are not specifically aimed at distance selling.

b) The product range in our web shop is directed equally at entrepreneurs 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 which cannot be attributed to either his commercial or his self-employed professional activity (§ 13 of the German Civil Code) and (ii) an “entrepreneur” is a natural or legal person or a partnership with legal capacity who acts in the exercise of his commercial or self-employed professional activity when concluding the contract (§ 14 para. 1 German Civil Code).

c) Deviating, conflicting or supplementary General Terms and Conditions shall not become part of the contract, even if they are known, unless their validity is expressly agreed to in writing.

d) The contracts with the customer are concluded exclusively in German or English, depending on whether the customer places the order via the German-language page or non-German-language pages of the web shop. If the customer’s order is placed via our German-language website, the German version of these General Terms and Conditions shall apply accordingly. If the order is placed via our non-German-language websites, only the English version of these General Terms and Conditions shall apply.

 

2A. CONCLUSION OF CONTRACT AND ORDERING PROCESS ON THE WEBSITE

a) Customers have the possibility to order the products offered by the provider on the website. This process is described below.

b) 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 stated in the products. Furthermore, products are displayed on the website which must first be produced for the customer. Errors excepted for the rest.

c) The customer can select and configure products on the website of the supplier and transmit this configuration to the supplier. With this transmission he submits a binding request to purchase the configured products.

d) The provider will then check the customer’s configuration for feasibility and, if necessary, contact the customer by e-mail. In addition, the provider then presents the customer with the order option and the purchase price. This mail does not represent a legally binding offer, but an invitation to place an order.

e) As far as the customer gives up thereupon the order by E-Mail, this represents a binding request for the purchase of the offered products.

f) The purchase contract is concluded when the supplier sends the customer an order confirmation or a prepayment invoice by e-mail.

g) Our offers in the web shop, in catalogues and at our production site are non-binding.

h) Every customer who is a consumer is entitled to revoke the offer and return the goods in accordance with the special revocation and return instructions which are communicated to him together with the confirmation of receipt of his offer.

 

2B. CONCLUSION OF CONTRACT AND ORDERING PROCESS BY EMAIL OR TELEPHONE

a) In addition to the possibility of ordering on the website, goods can also be ordered by e-mail, telephone or verbally directly on site.

b) For this the customer sends an inquiry by E-Mail to the offerer or transmits an inquiry verbally.

c) The offerer represents then the order possibility and the purchase price to the customer. This E-Mail or this discussion does not represent a legally binding offer, but a request for the delivery of an order.

d) Insofar as the customer then places the order by e-mail or verbally, this constitutes a binding request to purchase the products offered.

e) The purchase contract is concluded when the supplier delivers an order confirmation or a prepayment invoice to the customer by e-mail, by post or by personal delivery.

f) Our offers in the web shop, in catalogues and at our production site are non-binding.

g) Every customer who is a consumer is entitled to revoke the offer and return the goods in accordance with the special revocation and return instructions which are communicated to him together with the confirmation of receipt of his offer.

h) If the customer requests repair services, he must declare within two weeks of receipt of a requested cost estimate whether he accepts or rejects our offer. If the customer does not make a declaration within two weeks, we will set him a reasonable grace period of one week. Upon expiry of this period without a declaration on the part of the customer, we shall assume rejection of our offer and in this case return the product to the customer at the customer’s expense. We shall inform the customer of this again separately with our setting of a grace period.

 

3. PRICES AND PAYMENT

a) The delivery and shipping costs incurred are not included in the purchase price. The customer must also bear these costs, which are based on the respective concrete article description and the information given therein regarding the shipping.

Our prices include the legal sales tax.

In the case of deliveries abroad, the customer shall bear customs duties and similar charges.

b) Unless expressly agreed otherwise, we only deliver against advance payment. At the customer’s request, we shall also deliver the goods to our business premises against cash payment of the invoice amount.

c) The customer is not entitled to any right of set-off or retention unless the counterclaim is undisputed or legally established.

 

4. DISPATCH OF THE GOODS

a) Unless otherwise agreed in individual cases, the goods shall be delivered against cash in advance, by way of shipment and no later than three (3) weeks after receipt of the goods at our warehouse and after crediting of the purchase price to be paid by the customer plus any shipping costs incurred.

b) If a collection date has been agreed with the customer and the customer does not meet the date, we shall set the customer a reasonable grace period of one week and reserve the right to withdraw from the contract upon expiry of this period. We will inform the customer of this legal consequence when setting the grace period.

 

5. SHIPPING AND TRANSFER OF RISK

a) Unless expressly agreed otherwise, we shall determine the appropriate mode of shipment and the transport company at our reasonable discretion.

b) 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 at which the goods are handed over to the customer or the customer defaults on acceptance. In all other cases, the risk shall pass to the customer upon delivery of the goods to the transport company.

 

6. RETENTION OF TITLE

a) We reserve title to the goods delivered by us until full payment of the purchase price (including value added tax and shipping costs) for the goods concerned.

 

7. WARRANTY, GUARANTEE, RIGHT OF RETURN

a) If the delivered goods are afflicted with a material defect, the customer may first demand that we remedy the defect or deliver defect-free goods.

b) We can refuse the type of supplementary performance chosen by the purchaser if this is only possible at disproportionate cost.

c) If the supplementary performance according to clause 7 fails or is unreasonable for the customer or we refuse the supplementary performance, the customer is entitled to withdraw from the purchase contract, reduce the purchase price or claim damages or reimbursement of his futile expenses according to the applicable law. In addition, the special provisions of Section 8 of these General Terms and Conditions shall apply to the customer’s claims for damages.

d) The statutory warranty period is two years from delivery, one year for used goods which have been tested or serviced according to the manufacturer’s specifications and repaired if the customer is a consumer.

e) In addition to the statutory warranty, we voluntarily grant our customers a warranty of a total of 5 years from the date of sale, with the exception of wear parts, bearings and suspension struts as well as damage to the paintwork/powder coating/anodizing. Without limiting the customer’s statutory warranty rights, the following additional conditions shall apply to the warranty voluntarily granted by us:

(i)The guarantee does not apply to damage caused by improper or improper use in accordance with the areas of application for the respective product shown on our website, such as neglect of the product (inadequate care and maintenance), changes to the frame or fork (e.g. engravings or paintwork; fitting and conversion of additional components not expressly approved by us or replacement of the components installed by us with non-identical components). The guarantee does not apply to damage caused by falls, cracks or overloading of any other kind.

(ii) We reserve the right to repair defective frames or forks or to replace them with an appropriate successor model.

(iii) If frames and/or forks need to be replaced, we will replace them in the same colour as available, but reserve the right to replace them in a different colour if they are unavailable.

(iv) Our warranty services do not include any further services (such as costs for assembly and transport) and any additional assembly or material costs as a result of a model change in the meantime. These costs are to be borne by the customer within the framework of our voluntary guarantee.

(v) Our voluntary guarantee applies only to the first purchaser of the product.

 

8. LIABILITY

a) Our liability for negligence (excluding gross negligence) in the event of default in delivery shall be limited to 10% of the respective purchase price (including value added tax).

b) We shall not be liable (irrespective of the legal basis) for damages which are not typically to be expected in accordance with the nature of the respective order and the goods and with normal use of the goods. The above limitations of liability shall not apply in the event of intent or gross negligence.

c) Claims for damages by 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.

d) The limitations of this clause 8 do not apply to our liability for guaranteed characteristics iSv. § 444 BGB, due to injury to life, body or health or in accordance with the Product Liability Act.

 

9. DATA PROTECTION

a) We may process and store the data relating to the respective purchase contracts insofar as this is necessary for the execution and handling of the purchase contract and as long as we are obliged to store this data due to statutory regulations.

b) 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 not pass on personal customer data to third parties without the express consent of the customer, unless we are legally obliged to do so.

c) We shall not be permitted to collect, transmit or otherwise process the customer’s personal data for purposes other than those specified in this Clause 9.

 

10. APPLICABLE LAW

a) The purchase contract existing between us and the customer is subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods, subject to mandatory international private law provisions.

Elze/Mehle, May 2019

 

SHIPPING AND PAYMENT CONDITIONS OF NICOLAI GMBH, D-31008 ELZE / FLOURS

All deliveries are made by UPS parcel service and selected forwarding agents. Subsequent deliveries within the EU are free of charge. Outside the EU, we inform you in advance of any costs incurred.

Delivery is always subject to availability.

All our parcels are insured on the dispatch way. Please check the package immediately upon receipt for external damage. Possible damages must be reported to Nicolai GmbH within 24 hours.

Assembled bicycles are delivered exclusively in special bike boxes, for which additional costs may be incurred.

Shipping costs for deliveries to EU countries are calculated with the country-specific VAT.

Orders with delivery address in non-EU countries are indicated in the shopping basket incl. the German VAT. When invoicing the invoice the amounts of the ordered articles are indicated 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 the VAT for the execution in Elze / Mehle of paid goods can only be made if an export buyer certificate for VAT purposes is sent to us within 3 months of the invoice date. You can obtain the form free of charge from us.

For deliveries within Germany, payment can be made as follows:

Prepayment
We will send you an advance invoice before assembly. After receipt of payment, the goods will be picked and shipped for you.

Cash on collection
If you would like to collect the goods personally at the factory, cash payment is also possible on collection.

Leasing
If you want to lease your eBike and it is supported by your employer, you and your employer benefit from salary conversion and 1% rule. We will be happy to advise you in detail.

 

REVOCATION INSTRUCTION

REVOCATION RIGHT

You have the right to revoke this contract within fourteen days without giving reasons.

The withdrawal period shall be fourteen days from the date on which you or a third party other than the carrier who has taken possession of the goods, designated by you, have taken possession of them. In order to exercise your right of revocation, you must

Nicolai Gesellschaft für Zweirad und Maschinenbau mbH
Altenbekener Str. 2a
D-31008 Elze / Mehle
Telefon: +49 (0) 5068-72699-500
nicolai@nicolaibike.com

inform you by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this contract. In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period. Below you will find a sample of such a revocation form.

 

FOLLOW THE REVOCATION

If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund. We may refuse to refund until we have received the Goods back or until you have provided evidence that you have returned the Goods, whichever is earlier.

You shall return or deliver the Goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the revocation of this Contract. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the period of fourteen days.

You shall bear the direct costs of returning the goods if the price of the item to be returned does not exceed EUR 40.00. The goods shall be returned at the expense of the customer. Otherwise, we shall bear the costs of returning the goods. Costs for special services such as express surcharges, over-night services, pick-up services etc. are excluded from the refund by us.

You only have to pay for a possible loss in value of the goods if this loss in value is due to a handling of the goods that is not necessary for checking their condition, properties and functionality.

Sample revocation form
If you want to cancel the contract, please fill in this form
and send it back.

To

Nicolai Gesellschaft für Zweirad und Maschinenbau mbH
Altenbekener Str. 2a
D-31008 Elze / Mehle
nicolai@nicolaibike.de

Herewith I/we revoke the contract concluded by me/us concerning
the purchase of the following goods / the provision of the following service:

……………………………………………………………………
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(Name of goods, order number and price if applicable)

Goods ordered on:
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(Date)

Goods received on:
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(Date)

Goods received on:
………………………..
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………………………..
………………………..

Date:

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Customer signature