§1 Scope, conceptual provisions
(1) For the business relationship between O'Neal Europe GmbH & Co. KG (hereinafter "provider") and the customer (hereinafter "customer"), only the following general terms ("AGB") in their version valid at the time of order.
(2) The customer is a consumer within the meaning of these terms and conditions, insofar as the purpose of the delivered deliveries and services cannot be attributed to its commercial or independent professional activity. In contrast, entrepreneur is every natural or legal person or legal partnership that acts in the exercise of their commercial or independent professional activity when concluding the contract.
§2 Contract conclusion
(1) The customer can select products, especially clothing and accessories for mountain bikes and motorcycle, and collect them in a so -called shopping cart using the "Place in the shopping cart" button using the "Place" button. With the "Buy" button, he submits a binding application to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has read it by selecting the field "I read the terms and conditions and accepted them."
(2) The provider then sends the customer an automatic confirmation of receipt by email in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic confirmation of receipt only documents that the customer's order has been received by the provider and does not represent the application. The contract is only concluded by submitting the declaration of acceptance by the provider, which is sent with a separate email (order confirmation). In this email or in a separate email, but at the latest when the goods are delivered, the contract text (consisting of order, terms and conditions and order confirmation) as well as the cancellation policy, along with sample cancellation form, will be the customer on a permanent data carrier ( Mail or paper expression) sent (Confirmation of Contract). The contract text is stored while data protection.
(3) The contract is concluded in the language chosen by the customer in the shop.
§3 goods available
(1) Unless otherwise stated, delivery dates mentioned are non -binding.
(2) If the customer is not available at the customer's order, the provider informs the customer immediately.
(3) If the product specified by the customer in the order is only temporarily not available, the provider also informed the customer immediately.
(4) There are the following delivery restrictions: The provider does not deliver to customers who have their habitual residence (billing address) in one of the following Lhave changed and/or in the same country a delivery address: USA, Australia, New Zealand.
§4 Removal
The delivered goods remain owned by the provider until full payment.
§5 prices and shipping costs
(1) All prices given on the provider's website are understood, including the applicable statutory sales tax.
(2) In the last step of the ordering process (“overview”), the corresponding shipping costs are specified in the order form and are to be borne by the customer, unless the customer exercises his right of withdrawal. In LChange within Europe there are certain freight boundaries that can be found in the shipping cost table.
(3) The goods are dispatched using a commissioned shipping company. The provider bears the shipping risk if the customer is a consumer.
(4) The provider bears the costs of returning the goods if you use the return label provided by us for a return.
§6 payment modalities
(1) The customer can make the payment by credit card, direct debit, or that connected with and through PayPal (PayPal account, PayPal direct debit, PayPal credit card or PayPal installment payment).
(2) The customer can choose from the payment methods mentioned under (1).
(3) If the customer uses the number of credit card, data is replaced with the credit card provider via an SSL connection that is secured according to the state of the art. Insofar as the payment of the payment is made via 3D Secure or Verified by Visa, a payment can only be processed when the customer has successfully released the payment via this procedure. The credit card is burdened with the completion of the order. In the case of returns, e.g. because the customer revoked the contract after delivery, a credit card specified when ordering is made.
(3) Payment of the purchase price is due directly with the conclusion of the contract.
§7 Sach defenders, guarantee
(1) The provider is liable for material defects in accordance with the legal regulations applicable for this, in particular §§ 434 ff. BGB.
(2) An additional guarantee only exists for the goods delivered by the provider if it was expressly submitted to the respective article in the order confirmation.
§8 Conditions for Action Vouchers
The following conditions only apply to action vouchers, unless otherwise stated in the voucher. They do not apply to goods vouchers (i.e. such vouchers that were purchased as a gift for example):
Action vouchers can only be used in our online shop. To redeem a voucher, the same email address must be used when buying to which the voucher was sent. Vouchers may not be transferred. Pro Order can only be redeemed. Vouchers cannot be combined or replaced in cash and are not interest.
Value duration and, if applicable, minimum order value (including VAT, without shipping costs and fees) will be announced at the voucher campaign.
The voucher value is distributed proportionately to the ordered goods. In the case of returning individual items, the Quotal voucher will be counted towards the price of the returned goods. If a voucher is linked to a minimum order value, it must also be reached if goods are partially returned. Otherwise there is no need to credge the voucher value. In the event of the return of goods, the credited amount of the action voucher will not be reimbursed and the voucher cannot be used again.
§9 liability
(1) Claims of the customer are excluded. This excludes the customer's claims for damages from the violation of life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damage based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents . Essential contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract.
(2) In the case of the violation of essential contractual obligations, the provider is only liable to the contractual, predictable damage if it has been simply caused negligent, unless it is claims for damages by the customer from a violation of life, body or health.
(3) The restrictions of paragraphs 1 and 2 also apply in favor of the provider's legal representatives and vicarious agents if claims are asserted directly against them.
(4) The restrictions on liability resulting from paragraphs 1 and 2 do not apply if the provider has fraudulently concealed the defect or has taken over a guarantee for the nature of the matter. The same applies if the provider and the customer have made an agreement on the nature of the matter. The provisions of the Product Liability Act remain unaffected.
§10 cancellation policy
(1) When concluding a distance sales, consumers generally have a legal right of withdrawal, which the provider informs below in accordance with the legal sample. In paragraph (2) there is a sample cancellation form.
Cancellation policy right of cancellation
You have the right to revoke this contract within fourteen days without giving reasons. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods. If you have ordered several goods in a uniform order and are delivered separately, the cancellation period is fourteen days from the day on which you or a third party named by you, which is not the carrier, have taken possession of the last goods or has. To exercise your right of cancellation, you must (O'Neal Europe GmbH & Co. KG, Erich-Blum-Str. 33, 71665 Vaihingen/Enz, phone +49 7042 289000, email: info@oneal-europe.com) Using a clear explanation (e.g. a letter sent by post or email), information about your decision to cancel this contract. You can use the attached sample cancellation form for this, but this is not prescribed. To maintain the cancellation period, it is sufficient for you to send the notification to the exercise of the right of cancellation before the cancellation period expires.
Consequences of the revocation
If you cancel this contract, we have all payments that we received from you, including the delivery costs (with the exception of the additional costs, which result from the fact that you choose a different type of delivery than the cheapest standard delivery offered by us have to repay), immediately and at the latest within fourteen days from the day, on which the notification of your revocation of this contract was received. For this repayment we use the same means of payment that you used in the original transaction, unless something else has been expressly agreed with them; Under no circumstances will you be charged for fees for this repayment. We can refuse the repayment until we have returned the goods or until you have provided the proof that you have returned the goods, depending on which the earlier time is. You have the goods immediately and in any case at the latest within fourteen days from the day on which you inform us about the revocation of this contract, to send or hand over to us. The deadline is preserved if you send the goods before the deadline of fourteen days. We bear the costs of returning the goods. You have to for a possible
The loss of value of the goods only arises if this loss of value is not necessary to check the nature, properties and functionality of the goods
is due.
(2) The provider informs as follows via the sample cancellation form according to the legal regulation:
Sample cancellation form
(If you want to revoke the contract, please fill out this form and send it back.)
-to: O’Neal Europe GmbH & Co. KG, Erich-Blum-Str. 33, 71665 Vaihingen/Enz
- hereby revoked (s) I/we (*) the contract concluded by me/us (*) to buy the following goods (*)/the provision of the following service (*)
- ordered on (*)/receive on (*)
- Name of the consumer (s)
- Address of the consumer (s)
- Signature of the consumer (s) (only when notifying paper)
- Date
(*) Incorrect painting.
§11 final provisions
(1) The law of the Federal Republic of Germany is applied to contracts between the provider and the customer, excluding the UN sales law. The legal regulations for the restriction of the choice of law and the applicability of mandatory regulations in particular of the state in which the customer has his habitual residence remain unaffected.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes from contractual relationships between the customer and the provider is the seat of the provider.
§12 Consumer dispute settlement
(1) The European Commission provides a platform for online dispute settlement (OS), which you can reach at https://ec.europa.eu/consumers/odr.
(2) In the event of legal conflicts with consumers (Section 13 of the German Civil Code), we agree to participate in a consumer arbitration procedure according to the Consumer Dispute Settlement Act. The arbitration board responsible for us is the consumer arbitration board of the Center for Schlechtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, phone 07851/795 79 40, fax 07851/795 79 41, email: mail@ consumer-schlichter.de, website : www.ver consumer-schichter.de