- SUBJECT
1.1 These General Terms and Conditions apply to all transactions for delivery conducted between www.monacoveloclub.com (owner: Monacoveloclub GmbH, Ohlmüllerstr. 7, 81541 Munich, Germany) (the “Seller”) and customers. They apply to consumers as specified in § 13 of the Civil Code of Germany (BGB) unless it is expressly stated that they apply to corporate customers only. A consumer as specified in § 13 of the Civil Code of Germany is any natural person who conducts a legal transaction for reasons which are not predominantly attributable to that person’s commercial or self-employed business activities.
1.2 If any customer’s general terms and conditions deviate from these General Terms and Conditions, these General Terms and Conditions shall prevail unless it is with the Seller’s express consent.
- ENTERING INTO A CONTRACT
2.1 The presentation of products on the Seller’s website does not constitute an offer to enter into an agreement; it constitutes an invitation to the customer to make an offer (invitatio ad offerendum). A legally binding offer to enter into an agreement is not deemed to have been made until the customer has completed the ordering process. To place an order, the customer can click on the respective button in the product view to add one or more items to an electronic shopping cart. In some cases the customer can select from among options, for example, color, size, and number of items. The ordering process can be initiated by clicking on the Shopping Cart button via which the customer opens the electronic shopping cart. The items the customer has selected (the “Order”) will be listed in the shopping cart. While in the shopping cart, the customer can delete items from the list. The customer can abandon the Order at any time. The ordering process will be continued when the customer enters the customer’s name, address, and other requested data in the mask when prompted to do so, and selects a payment option. The customer completes the ordering process by clicking the Buy Now button or any other button marked accordingly at the end of the order form. The Seller shall confirm receipt of the Order by e-mail without delay. A confirmation of an Order shall not be deemed to constitute acceptance of the Order.
2.2 The Seller shall offer available items only. However, the Seller reserves the right to assess the availability of items upon receipt of an Order and shall notify the customer without delay if the items ordered are not available. Should this be the case, the Seller shall reimburse the customer without delay for any payments made.
2.3 The text of contracts shall not be saved. These General Terms and Conditions shall be available on the Seller’s website at all times. The data pertaining to an Order shall be sent to the e-mail address provided by the customer during the ordering process. Once an Order has been completed, the data pertaining to the Order no longer shall be retrievable unless the customer installed a customer account using the functions available. In this case, the customer can view the order data in the customer’s account at any time.
- PAYMENT TERMS
3.1 The customer shall be free to select from among diverse payment options unless a payment method has been specified. All available payment options can be viewed on the Seller’s website.
3.2 Unless agreed upon otherwise, Orders shall be delivered only if payment has been made in advance. If it has been agreed that payment shall be made for delivered items upon receipt of an invoice, the purchase price shall be payable immediately with no deductions.
- RETENTION OF TITLE
4.1 The Seller shall retain full ownership of any and all purchased items until the purchase price has been paid in full. The customer undertakes to treat the items with due care until the transfer of ownership has been completed.
4.2 The customer shall notify the Seller without delay of the occurrence of any and all seizure, insolvency, damage to or loss of, or change in ownership of the items purchased.
- DELIVERY, SHIPPING FEES
Unless agreed upon otherwise, purchased items shall be delivered within five business days. Information on freight, delivery, and shipping fees is available on the Seller’s website under the respective link in the menu.
- CONSUMERS’ WITHDRAWAL RIGHTS
The following right to withdraw from any contract shall apply to consumers exclusively as specified in § 13 of the Civil Code of Germany, that is, natural persons conducting a legal transaction for reasons which are not predominantly attributable to that person’s commercial or self-employed business activities:
CUSTOMER’S WITHDRAWAL RIGHT
You shall have the right to withdraw from any contract within 14 days without any specific reason.
The 14-day period for exercising your withdrawal right shall be counted from the date on which you or a third party appointed by you, other than the carrier, took possession of the last item in the Order.
To exercise your withdrawal right, notify us (www.monacoveloclub.com, owner: Monacoveloclub GmbH, Ohlmüllerstr. 7, 81541 Munich, Telephone: +49 89- 44449211, E-mail: info@monacoveloclub.com) by, for example, letter sent by post or by e-mail, about your decision to withdraw from the contract. You can, but are not obligated to, use the sample withdrawal form available on this website. The period of withdrawal shall be deemed to have been adhered to if you send the aforementioned notification before the 14-day notice of withdrawal period expires.
CONSEQUENCES OF YOUR WITHDRAWAL FROM A CONTRACT
If you withdraw from a contract, we shall reimburse you for any and all payments we have received from you including delivery fees (except for any additional fees resulting from your selection of a type of delivery other than the lowest standard delivery fees offered) without delay and no later than 14 days after the date on which we received your notification of withdrawal. We shall refund the aforementioned fees using the same means of payment you used in the original transaction unless you and we expressly have agreed otherwise. In no case shall we charge you any fees for the aforementioned reimbursement. We shall be entitled to withhold reimbursement until the earlier of us receiving the return of the respective items from you or your furnishing evidence of your having returned the items to us.
You shall return the respective items to us by mail or in person without delay and in any case no later than 14 days after the date on which you notify us of your withdrawal. The 14-day period shall be deemed to have been adhered to if you return the respective items to us before the 14-day period expires.
All direct costs you incur for returning the items shall be borne by you.
You shall pay for any loss in value of any items only if such loss in value results from handling the items in a way that is not necessary to assess the items’ composition, features, and/or functions.
CONCLUSION OF INFORMATION REGARDING CUSTOMER’S WITHDRAWAL RIGHT
Exceptions: A customer’s withdrawal right shall not apply to deliveries of items that are not prefabricated and the production of which depended to a large extent on the customer’s individualized selection or definition or that clearly have been tailored to meet the customer’s personal requirements or that are perishable or the expiration date of which would be exceeded in a short period of time. The same shall apply to items that due to their constitution were combined inseparably with other items after delivery.
- WARRANTY
7.1 Warranty shall be in accordance with applicable laws.
7.2 Any and all purchases of used items shall be subject to a 12-month statute of limitations starting on the date of delivery of the item or items.
7.3 The following provisions shall apply exclusively to corporate customers:
Making warranty claims shall be conditional on your meeting your obligations to examine the items and to lodge complaints as specified in § 377 of the Commercial Code of Germany (HGB) in the required form. The statute of limitations for claims for defects shall be 12 months after the date of transfer of risk. If and when the subject of the contract is a used item, warranty shall be excluded. This provision shall not apply if and when a warranty regarding the quality of an item has been provided or if liability for fraudulent intent applies.
- LIABILITY
8.1 The Seller’s liability for damages resulting from intent, gross negligence, or a missing guaranteed feature shall be unlimited.
8.2 In the case of minor negligence, the Seller’s liability for harm to life, body, or health shall be unlimited. In the event the Seller’s performance is delayed due to minor negligence, impossibility, or a breach of any material obligation, the Seller’s liability shall be limited to the foreseeable damage typical in this type of contract.
8.3 In all other cases the Seller shall not be liable except for statutory liability under the Product Liability Act of Germany (Produkthaftungsgesetz).
- TRANSFER OF RISK
This provision shall apply exclusively to corporate customers: Unless agreed upon otherwise, delivery shall be ex works.
- MISCELLANEOUS
10.1 Any assignment of claims shall be subject to the Seller’s consent.
10.2 This provision shall apply exclusively to corporate customers: The venue for any and all disputes shall be the venue applicable to the Seller’s registered office.
10.3 The contractual relationship between the Seller and the customer shall be subject to the laws of Germany under exclusion of the CISG. The application of statutory consumer protection laws applicable in the country of original shall remain unaffected.