General terms and conditions (GTC) for the webshop www.bikeacademy.at and www.bikeacademy.com
the BIKEACADEMY, Klausen 10, 6365 Kirchberg in Tirol
1.1. These general terms and conditions (GTC webshop) of the company BIKEACADEMY, Klausen 10, 6365 Kirchberg in Tirol, (hereinafter referred to as “we” or “us”) apply to the ordering, sale and delivery of goods from our webshop www.bikeacademy.com or www.bikeacademy.at and these terms and conditions are recognized by the customer (hereinafter referred to as “you” or “you”) with every order; they can be changed by us at any time and are valid in the version current at the time of your order.
1.2. In addition, these terms and conditions are freely available on the Internet on the website www.bikeacademy.com in the area “General Terms and Conditions” under the link http://www.bikeacademy.at/bikeacademy-webshop.html and can be saved and reproduced by you can be printed out.
1.3. We do not recognize any provisions of the contractual partner (customer) that contradict or deviate from our General Terms and Conditions Webshop.
1.4. Customers in the sense of these terms and conditions are both consumers and entrepreneurs within the meaning of § 1 KSchG, unless individual clauses expressly apply exclusively to entrepreneurs or consumers.
1.5. Should individual provisions of these terms and conditions or the contract concluded with the contractual partner be wholly or partially ineffective, this shall not affect the validity of the rest of the contract.
1.6. The following applies to entrepreneurs: If you did not receive these terms and conditions with the offer or if they were not given to you in a different situation, these terms and conditions apply nonetheless if you knew or should have known them from a previous business relationship.
1.7. The following applies to entrepreneurs: If there are gaps in the contract, the parties to the contract undertake to make a provision that comes as close as possible to the ineffective provision in terms of the economic result; should a mutually agreed arrangement not come about, such a provision shall be deemed to have been agreed that most closely corresponds to the ineffective provision.
2. Order and conclusion of contract
2.1. The presentation of goods in our online shop is merely a non-binding invitation to order goods from us. All offers and promotions in advertising material and in the online shop are only valid while stocks last. The respective online catalog loses its validity with the publication of a new edition. Errors, misprints and typographical errors are reserved.
2.2. We only conclude contracts with natural persons of unlimited legal capacity who have reached the age of 18. People under the age of 18 may only purchase our goods with the consent of a parent or guardian.
2.3. In order to send an online order via our website, registration (ie creation of a user profile) is required. For further orders, it is sufficient to enter the login and password you specified when you registered for the first time. However, it is also possible to place orders using a guest access. In any case, you are obliged to fill in the fields (or information) provided in the online form completely and truthfully. We reserve the right, at our sole discretion, to deny access to our website or to close an account.
2.4. Registration and ordering via our website may only be made in your own name and is only available to customers who have their headquarters, place of residence or habitual residence in the EU (including Switzerland). If the offer of a person who does not meet the requirements mentioned (in particular if they do not have their place of residence or habitual abode in the EU) has inadvertently been accepted by us, we are entitled to withdraw from the contract within a reasonable period of time.
2.5. In the context of our online shop, only orders using the specified system can be taken into account; other orders (such as orders via e-mail, telephone) cannot be taken into account by us.
2.6. An order that is binding for you is only concluded when you have entered all the data required for the execution of the contract, confirmed that you have read our terms and conditions and clicked on the “Order subject to payment” button.
2.7. After placing your order, you will receive an automatically generated order confirmation by email. In this order confirmation, the data of your order as well as these terms and conditions are listed again. The automatically generated e-mail order confirmation does not represent acceptance of the offer, but merely documents that we have received the order. We then check the availability of the goods.
2.8. We are free to refuse online orders without giving a reason. We reserve the type of execution of the order and only accept the order with a separate order confirmation by e-mail, but no later than with the delivery of the ordered goods. In any case, a contract is only concluded when we accept your order.
2.9. We can only accept your order if we receive correct and timely delivery ourselves. We reserve the right not to provide the promised service in the event that it is not available; in this case we will notify you immediately about the unavailability and reimburse you for payments already made.
3. Prices and terms of payment
3.1. All prices on this website are gross prices in euros and include all statutory taxes and duties for deliveries to the EU, including the respective statutory sales tax and plus shipping costs of € 4.90 within Austria and € 9.90 within Germany. In addition to the prices quoted, we calculate the shipping costs expressly shown on the article page. The costs of delivery are shown in the shopping cart when you order in the online shop after you have made the correct selection. Packaging and shipping costs, if any, are calculated and shown separately. Large items surcharge: For some items marked accordingly, a one-time large item surcharge of € 50 is levied due to their bulkiness or weight. In individual cases, a bulky goods surcharge can also be charged, the amount of which is included with the respective product.
3.2. For the submission of your binding offer for online orders, the current prices on the website on the day of the order apply. The binding prices are displayed in the online shop after correct selection in the shopping cart. The prices are also non-binding for reorders. Discounted prices and customer discounts are only valid until canceled.
3.3. The prices stated on this website are subject to the reservation that the order data on which your offer is based remain unchanged. Costs that are caused by subsequent changes made by you will be charged separately.
3.4. If, contrary to expectations, our price information is incorrect, we will inform you of the actual price immediately if you have already sent us a binding offer. In this case, you can expressly confirm your offer at the stated price again in writing or tacitly by paying the prescribed price.
3.5. You are generally obliged to pay in advance. Unless you and we agree otherwise, the purchase price is due immediately and must be paid by you using the payment methods we offer. The goods are paid for by credit card, SOFORT transfer or PayPal.
3.6. If not all of the items ordered are available immediately, we reserve the right to make partial deliveries. The shipping costs are only charged once.
3.7. If you exercise your right of withdrawal, we are entitled to invoice you for the direct costs of the return.
3.8. If you choose to pay in advance, we will deliver the goods available from this point in time after receipt of payment. If we cannot find any receipt of payment within 10 days after placing the order, the order will be automatically deleted.
3.9. The payments are first offset against interest and costs.
3.10. All goods delivered by us remain our property until the purchase price and all associated costs and expenses have been paid in full.
3.11. If you exercise your right of withdrawal, any payments you have made will be reimbursed to the means of payment that you used when placing your order.
3.12. The offsetting of your claims against our claims is not permitted, unless your claims are legally related to your liability in question, they are claims that have been established by a court or have been recognized by us in writing.
4.1. All information on availability, shipping or delivery of an article are only approximate information and approximate guide values; they do not represent binding or guaranteed shipping or delivery dates.
4.2. If the goods you have ordered are available, the time to delivery to the address you have specified after receipt of your order is approx. 3 working days (but always a maximum of 2 weeks); this unless a different delivery period is expressly stated on the respective product page.
4.3. If the goods you have ordered are not available at short notice at the time of the order, we will inform you of this. In the event of delivery problems due to, for example, force majeure, official measures, operational disruptions, delivery delays by the upstream supplier or different package delivery times by the service provider, the delivery period is extended by the duration of the hindrance. If delivery or compliance with an agreed delivery time becomes impossible due to circumstances for which we are not responsible, our delivery obligation expires. You will also be informed immediately in such a case. Claims for damages due to exceeding the delivery time are excluded.
4.4. We only deliver within the EU (including Switzerland). A delivery to post office boxes is excluded. It is your responsibility to provide the correct delivery address. In the event of non-delivery, we reserve the right to assert the resulting damage.
4.5. In principle, delivery is carried out by parcel services or forwarding agents selected by us. When shipping, we determine the type and route of transport.
4.6. When the consignment is accepted, the packaging must be checked for damage and, in the event of a justified damage, the carrier or delivery agent must be notified in writing or acceptance must be refused, indicating the damage. You have to complain about incomplete deliveries or damage on the way to the responsible post office or delivery company within a reasonable period of time and send us a written record upon request.
4.7. The following applies to entrepreneurs:Exceeding the delivery date by up to 10 days is in any case still considered to be on time; we are not affected by default; You are not entitled to withdraw from the contract or to assert claims of any kind. If a scheduled delivery date is exceeded by more than two weeks, you are entitled to set us a reasonable subsequent delivery period.
4.8. The following applies to entrepreneurs:In all cases, the risk is transferred to you as soon as the shipment has been handed over to the person carrying out the transport or has left our warehouse for the purpose of shipment. With the occurrence of the default of acceptance, the risk of accidental deterioration and accidental loss is transferred to you in any case.
4.9. The following applies to entrepreneurs:Outwardly recognizable transport damage must be reported immediately upon receipt of the goods and the type and scope must be reported to us immediately in writing or noted in detail on the delivery or freight note on site. You have to notify us in detail in writing of any obvious defects within 24 hours of receipt of the goods or secret defects within 8 days of their discovery and to provide evidence of this within 2 weeks from the day of notification. If the notice period is missed, no warranty, error, or claims for damages (including claims for damages for consequential damage) are due.
5. Consumer’s right of withdrawal or withdrawal
Right of withdrawal
5.1. You have the right to revoke your contractual declaration within fourteen days without giving reasons and thus withdraw from the contract.
5.2. The right of withdrawal does not apply to the delivery of goods,
which are made according to your specifications (e.g. made-to-measure and custom-made products), or
that are clearly tailored to your personal needs (e.g. products with individually created properties (goods with advertising, application of the customer’s logo, personalization, imprint, etc.)), or
which are not suitable for a return due to their nature, or
that can spoil quickly, or
whose expiry date has passed, or
which are delivered sealed and are not suitable for return for reasons of health or hygiene, provided that the seal has been removed after delivery, or
which, due to their nature, were inseparably mixed with other goods after delivery.
5.3. To exercise your right of withdrawal, you must contact BIKEACADEMY, Klausen 10, 6365 Kirchberg in Tirol, or email: email@example.com by means of a clear statement (e.g. a letter sent by post or email) of your decision to withdraw from this contract. You can use the attached cancellation form for this purpose, but this is not mandatory. Proof of the timely dispatch of the declaration of withdrawal is with you.
5.4. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods, as well as in the case of a contract for the delivery of goods in several partial shipments or pieces the day on which you or a third party named by you, who is not the carrier, took possession of the last partial shipment or the last piece.
5.5. In order to meet the cancellation deadline, it is sufficient for you to send the notification that you are exercising your right of cancellation before the cancellation period has expired (the date on the mailing slip is decisive). Items not returned on time will not be accepted and must be paid for in full.
5.6. You have to send back or hand over the goods to the company BIKEACADEMY, Klausen 10, A-6365 Kirchberg in Tirol immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. Proof of the timely return is with you.
5.7. Send the goods back to us in full, including all accessories, with the return slip and – if available – in the original packaging.
5.8. You bear the direct costs of returning the goods. If the goods cannot be returned normally by post due to their nature, you will bear the direct costs of returning the goods in the amount shown in the shipping cost table. We only bear the return shipping costs (postage) in the event of a wrong or defective delivery.
5.9. You bear the risk (especially damage and loss) of the return.
5.10. Please have your return confirmed and keep this confirmation until the purchase price of the goods has been credited to your customer account. We also ask you to send the return receipt to the company BIKEACADEMY, Klausen 10, A-6365 Kirchberg in Tirol, email: firstname.lastname@example.org to speed up the process for you.
Consequences of cancellation
5.11. If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract.
5.12. We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
5.13. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.
5.14. 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 that is not necessary to check the nature, properties and functionality of the goods
5.15. If you cannot return the goods to us in whole or in part or only in a deteriorated condition, we reserve the right to deduct compensation for an associated decrease in value of the goods from the purchase price if the deterioration is due to handling of the goods goes beyond the examination of the condition, properties and functionality. By checking the condition, properties and functionality, one understands the testing and trying out of the respective goods, as it is possible and usual in a shop.
6.1. Your warranty claims are based on the statutory provisions.
6.2. Slight deviations in format, color, material and condition of the goods from images are sometimes unavoidable and do not justify any warranty claims.
6.3. No guarantee can be given for defects that can be traced back to improper use or above-average stress on the goods on your part.
6.4. The following applies to entrepreneurs: The warranty period is 12 months, unless special warranty periods have been agreed for individual delivery items. Recourse claims according to § 933b ABGB are excluded.
7. Compensation for Damages
7.1. We are only liable for damages for intentional and grossly negligent behavior and, regardless of the degree of culpability, for damage resulting from injury to life, limb or health. Compensation for consequential damage caused by defects as well as compensation for third-party damage is excluded.
7.2. We cannot accept any liability for damage caused by improper handling or improper use of the goods. We are not liable for any misuse of the customer access and password if this is used by unauthorized persons.
7.3. We are not liable for inadvertently incorrect pricing or product descriptions.
7.4. We cannot accept any liability for damage caused by improper handling or improper use of the goods.
7.5. The following applies to entrepreneurs: We only have to pay compensation for damage other than damage to the person if the circumstances of the individual case prove that we have acted with intent or gross negligence; the same applies to the replacement of consequential damage. Liability for slight negligence, compensation for consequential damage, mere pecuniary damage, lost profit, loss of interest and indirect damage due to the delivery of non-contractual goods is excluded. The concluded contract does not contain any protection obligations in favor of third parties; this also applies if it can be foreseen that a third party will be the recipient of the service or that a third party will come into contact with the goods. The claim for damages expires in any case with the treatment or processing of the goods or their resale, without us being given the opportunity to examine the lack of conformity. We are only liable for damages that are to be replaced in accordance with the Product Liability Act (PHG) insofar as this cannot be ruled out due to mandatory statutory provisions. In the event that the limitations of the supplier’s liability agreed here should be wholly or partially legally ineffective, his liability is in any case limited in terms of content and scope to the extremely permissible extent.
8. Intellectual property rights
8.1. The website operated by us and its entire content, in particular texts, photos, images, graphics, prints, textile designs, films, presentations, sounds, illustrations and any software as well as all trademarks and / or designs are protected by industrial property rights, in particular copyrights, names – and image rights, trademarks and / or registered or unregistered design rights are protected against unauthorized use.
8.2. All messages, graphics and the design of our website are for the personal information of our customers only. Use at your own risk. The reproduction, copying and printing of the entire website are only permitted for the purpose of placing an order with us as the operator of the virtual shop. Any use outside of the selection and purchase of goods requires prior written consent on our part or, if we do not hold the respective rights, on the part of the rights holder. Any further processing, duplication, distribution and / or public reproduction exceeds normal use and constitutes a violation of copyright law.
9. Data protection
9.1. You agree that the personal data collected and made available to us by you in the event of a contract – your name, your date of birth, your address, your telephone number and your e-mail address – will be stored and processed in our system and for the duration of the Contract processing can be used. We use all of your personal data that are necessary to fulfill the contractual obligations between us and you (such as, in particular, to process orders, deliver goods, check creditworthiness or process payments) in accordance with the Data Protection Act 2000 (DSG 2000) and the Telecommunications Act 2003 (TKG 2003).
9.2. You agree that your personal data will be included in our customer file and processed by us in this way and that you can be informed about products, news and price promotions by us by post, e-mail or SMS. It will not be passed on to third parties for marketing purposes. After receipt of your objection or revocation, your data will no longer be used and processed for marketing purposes or the further sending of advertising material will be stopped immediately.
9.3. You have the right to information and the right to change or delete your stored data at any time. You can send us your request by email or post. Notifications, information, possible complaints as well as inquiries about data information, about the topicality, correction, deletion of personal data, including proof of identity, must be submitted in writing to: BIKEACADEMY, Klausen 10, A-6365 Kirchberg in Tirol, or email: email@example.com .
9.4. You have to notify us immediately of any changes to your delivery / billing / contact address, as well as your personal data (for example, if you change your name) that you have given us in the course of your order, as long as the contractual legal transaction has not been fulfilled by both parties. If you fail to notify us, you will have to bear any residency costs incurred and declarations will be deemed to have been received even if they were sent to your last known address / data.
9.5. Your data will not be passed on to third parties, unless this is absolutely necessary for the execution of the contract. You agree that your personal data can be forwarded to cooperation partners from the logistics sector (e.g. Österreichische Post AG) so that you can be informed about the delivery times of your shipments. You can revoke this consent in writing at any time with a brief informal message. It will not be passed on to third parties for marketing purposes.
9.6. We refer on our pages with links to other pages on the Internet. The following applies to all of these links: We expressly declare that we have no influence on the design and content of the linked pages. We therefore hereby expressly distance ourselves from all content on all linked third-party sites on www.bikeacademy.com and do not adopt this content as our own. This declaration applies to all links shown and to all contents of the pages to which the links lead.
10. Use of Facebook social plugins
10.1. This website uses so-called social plugins (‘plugins’) from the social network Facebook, which is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (‘Facebook’). The plugins are marked with a Facebook logo or the addition ‘Facebook social plug-in’ or ‘Facebook social plugin’. You can find an overview of the Facebook plugins and their appearance here: http://developers.facebook.com/plugins
10.2. When you call up a page on our website that contains such a plugin, your browser establishes a direct connection to the Facebook servers. The content of the plug-in is transmitted directly from Facebook to your browser, which integrates it into the website. By integrating the plugins, Facebook receives the information that your browser has accessed the corresponding page of our website, even if you do not have a Facebook account or are not currently logged into Facebook. This information (including your IP address) is sent directly from your browser to a Facebook server in the USA and stored there.
10.3. If you are logged into Facebook, Facebook can assign your visit to our website directly to your Facebook account. If you interact with the plugins, for example press the ‘Like’ button or leave a comment, the corresponding information is also transmitted directly to a Facebook server and stored there. The information is also published on Facebook and displayed to your Facebook friends.
10.4. Facebook can use this information for the purpose of advertising, market research and the needs-based design of Facebook pages. For this purpose, Facebook creates usage, interest and relationship profiles, e.g. to evaluate your use of our website with regard to the advertisements shown to you on Facebook, to inform other Facebook users about your activities on our website and to provide further information about the use of Facebook to provide related services.
10.5. If you do not want Facebook to assign the data collected via our website to your Facebook account, you must log out of Facebook before visiting our website.
10.6. The purpose and scope of the data collection and the further processing and use of the data by Facebook as well as your related rights and setting options to protect your privacy can be found in Facebook’s data protection information:
11. Use of Google Plus
11.1. Our website uses the ‘+1’ button of the social network Google Plus, which is operated by Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, United States (‘Google’). The button can be recognized by the sign ‘+1’ on a white or colored background.
11.2. When you call up a page on our website that contains such a button, your browser establishes a direct connection to the Google servers. The content of the ‘+1’ button is transmitted directly from Google to your browser, which integrates it into the website. We therefore have no influence on the amount of data that Google collects with the button, but we assume that your IP address will also be recorded.
11.3. The purpose and scope of the data collection and the further processing and use of the data by Google as well as your related rights and setting options to protect your privacy can be found in Google’s data protection information on the ‘+1’ button: http://www.google.com/intl/de/+/policy/+1button.html
11.4. If you are a Google Plus member and do not want Google to collect data about you via our website and link it to your member data stored on Google, you must log out of Google Plus before visiting our website.
12. Use of Twitter plugins (e.g. ‘Tweet’ button)
12.1. Our website uses so-called social plugins (‘plugins’) from the microblogging service Twitter, which is operated by Twitter Inc., 1355 Market St, Suite 900, San Francisco, CA 94103, USA (‘Twitter’). The plugins are marked with a Twitter logo, for example in the form of a blue ‘Twitter bird’. You can find an overview of the Twitter plugins and their appearance here: https://twitter.com/about/resources/buttons
12.2. When you visit a page on our website that contains such a plugin, your browser establishes a direct connection to the Twitter servers. The content of the plug-in is transmitted directly from Twitter to your browser and integrated into the page. Through the integration, Twitter receives the information that your browser has accessed the corresponding page of our website, even if you do not have a Twitter profile or are not currently logged in to Twitter. This information (including your IP address) is sent directly from your browser to a Twitter server in the USA and stored there.
12.3. If you are logged in to Twitter, Twitter can immediately assign your visit to our website to your Twitter account. If you interact with the plugins, e.g. press the ‘Twitter’ button, the corresponding information is also transmitted directly to a Twitter server and stored there. The information is also published on your Twitter account and shown to your contacts there.
12.4. The purpose and scope of the data collection and the further processing and use of the data by Twitter as well as your related rights and setting options to protect your privacy can be found in Twitter’s data protection information: https://twitter.com/privacy
12.5. If you do not want Twitter to assign the data collected via our website directly to your Twitter account, you must log out of Twitter before visiting our website. You can also completely prevent the Twitter plugins from loading with add-ons for your browser, e.g. with the script blocker ‘NoScript’ (http://noscript.net/).
13. Applicable law, place of performance, place of jurisdiction
13.1. Austrian law applies to all legal transactions, excluding the UN sales law.
13.2. The place of performance is the headquarters of the company BIKEACADEMY, Klausen 10, A-6365 Kirchberg in Tirol.
13.3. The place of jurisdiction is – as far as legally permissible – Kitzbühel.
If you want to cancel the contract, please fill out this form and send it back to BIKEACADEMY, Klausen 10, A-6365 Kirchberg in Tirol, or email: firstname.lastname@example.org :
I hereby revoke the contract I have concluded for the purchase of the following goods:
My signature (only if the message is on paper):