GENERAL TERMS AND CONDITIONS
1.0 General and Scope
1.1. These General Terms and Conditions (hereinafter also: “GTC”) apply to all contracts concluded between HARO Bikes Europe GmbH, Max-Planck-Str. 54, 32107 Bad Salzuflen (hereinafter: “Seller”) and the buyer via the Seller’s online shop (https://www.harobikes.de/) (hereinafter: “Online Shop”).
1.2. For the purposes of the following provisions, a consumer is any natural person who enters into a legal transaction for purposes that cannot predominantly be attributed to their commercial or self-employed professional activity (cf. Section 13 of the German Civil Code). An entrepreneur is any natural or legal person or a legal partnership that, when entering into a legal transaction, acts in the course of their self-employed professional or commercial activity (cf. Section 14 of the German Civil Code).
1.3. Our deliveries, services, and offers are provided exclusively on the basis of these GTC. The GTC thus also apply to all future business relationships with companies, even if they are not expressly agreed upon again. The incorporation of a buyer’s GTC that contradict the Seller’s GTC is hereby rejected. Deviating provisions do not apply unless the Seller has expressly confirmed this in writing. Individual agreements always take precedence.
1.4. The language of the contract is German. An order can also be placed in English.
1.5. We do not store the full text of the contract. Before submitting the order via the online shopping cart system, the contract data can be printed using the browser’s print function or saved electronically. Once we receive the order, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by email.
2.0 Conclusion of Contract
2.1. The presentation of goods in the online shop does not constitute a legally binding offer, but rather a non-binding invitation to place an order (invitatio ad offerendum).
2.2. By clicking the "Order with obligation to pay" button in the final step of the ordering process, the buyer makes a binding offer to purchase the goods displayed in the order overview. A contract between the seller and the buyer is only concluded under the conditions specified in Section 2.4 of these General Terms and Conditions. If payment is made via PayPal or in advance, the order is accepted immediately upon receipt of the buyer's payment.
2.3. Buyers can select goods to purchase in the online shop by clicking the corresponding button to add them to a virtual shopping cart. To complete the order, the buyer must click on the virtual shopping cart, where the buyer will be guided through the further ordering process. After selecting the items in the shopping cart and providing all required order and address details in the following step, clicking the "Continue" button will open a page summarizing the essential item details, including any costs incurred. Up to this point, the buyer can correct their entries or refrain from making a declaration of intent to enter into a contract. Only by subsequently clicking the "Order with obligation to pay" button is a legally binding offer made. Input errors can be corrected by clicking "Edit" in the respective field.
2.4. The seller can accept the buyer's offer within 5 days of the buyer submitting the offer by (1) sending an order confirmation at least in text form in writing, whereby receipt by the buyer is decisive for calculating the period; or (2) by delivering the goods to the buyer, whereby receipt of the goods by the buyer is decisive in this regard; or (3) by requesting payment from the buyer after the buyer has submitted their order; or (4), provided that payment by direct debit is offered and the buyer chooses this method of payment, by debiting the total price from the buyer's bank account, whereby the time at which the buyer's account is debited is decisive in this regard. If the seller does not accept the buyer's offer within the period, this shall be deemed a rejection of the offer, with the consequence that the buyer is no longer bound by their declaration of intent.
2.5. The buyer must ensure that the email address they provide is correct, so that the seller can send declarations and communications to this email address and that these can be received in this manner.
2.6. In the event of the buyer's financial inability to fulfill their obligations to the seller, the seller has a right of withdrawal. This also applies in the event of the buyer filing for insolvency. Section 321 of the German Civil Code (BGB) and Section 112 of the German Insolvency Statute (InsO) remain unaffected. The buyer shall inform the seller in writing in a timely manner of any imminent insolvency.
3. Prices and Payment Terms
3.1. Unless expressly stated otherwise, the prices stated are total prices including the applicable statutory value added tax. Packaging and shipping costs, loading, insurance (in particular transport insurance), customs duties and levies are disclosed in the online shop and during the ordering process and, if applicable, calculated separately.
3.2. Any shipping or delivery costs incurred are not included in the stated price. They can be accessed via a correspondingly labeled button in the online shop or in the respective offer, are disclosed separately during the ordering process and are to be borne additionally by the buyer, unless free shipping has been promised.
3.3. If delivery takes place to countries outside the European Union, additional costs not attributable to the seller may arise, such as customs duties, taxes or money transfer fees (bank transfer or exchange rate fees charged by credit institutions), which are to be borne by the buyer.
3.4. Money transfer costs incurred (bank transfer or exchange rate fees charged by credit institutions) are to be borne by the buyer in cases where delivery takes place to an EU Member State, but payment was initiated outside the European Union.
3.5. The payment methods available to the buyer are disclosed under a correspondingly labeled button in the online shop or in the respective product offer. It is at the sole discretion of the seller which payment methods are offered.
3.6. Unless otherwise stated for the individual payment methods, the payment obligations arising from the concluded contract are due immediately. If the payment method “purchase on account” is selected, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price is to be paid within 7 (seven) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to offer the payment method “purchase on account” only up to a certain order volume and to refuse this payment method if the stated order volume is exceeded. In this case, the seller will inform the buyer of the corresponding payment restriction in their payment information in the online shop.
3.7. If the payment method “PayPal” is selected, payment will be processed solely through PayPal. PayPal may also use the services of other payment service providers for this purpose. If the seller also offers payment methods via PayPal for which the seller pays in advance to the buyer (e.g. purchase on account or installment payment), the seller assigns its payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically designated to the buyer. Before accepting the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal will conduct a credit check using the buyer's submitted data. The seller reserves the right to refuse the selected payment method to the buyer in the event of a negative check result. If the selected payment method is approved, the buyer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, the buyer can only make a payment with the effect of discharging the debt to PayPal or the payment service provider commissioned by PayPal.
3.8. In the event of late payment, the seller is entitled to default interest at the statutory rate (currently 5 percentage points above the respective base interest rate for contracts with consumers and 9 percentage points above the respective base interest rate for contracts with entrepreneurs). The seller's other statutory rights remain unaffected.
3.9. In the event of cost increases that are unforeseeable to the seller (e.g. currency fluctuations, unexpected price increases by suppliers, etc.), the seller is entitled to pass on the price increase to the buyer if delivery is to take place as agreed more than four months after the conclusion of the contract.
4. Liability / Force Majeure
4.1. In addition to liability for material and legal defects, the seller shall be liable without limitation to the extent that the damage is caused by intent or gross negligence. The seller shall also be liable for the slight negligence breach of essential obligations (obligations whose breach jeopardizes the achievement of the contract purpose) as well as for the breach of cardinal obligations (obligations whose fulfillment makes the proper performance of the contract possible in the first place and on whose compliance the user regularly relies), but only for foreseeable, contract-typical damage. The seller shall not be liable for the slight negligence breach of obligations other than those mentioned above.
4.2. The limitations of liability in the preceding paragraph do not apply in cases of injury to life, body and health, for a defect after acceptance under a guarantee, for fraudulently concealed defects, or for liability under the Product Liability Act or the General Data Protection Regulation or the Federal Data Protection Act.
4.3. If the seller's liability is excluded or limited, this shall also apply to the personal liability of organs, employees, representatives and vicarious agents.
4.4. In the event of force majeure or other unavoidable circumstances affecting the performance of the contract, the seller is entitled to postpone delivery for the duration of the impediment and, in the event of longer-term delays, to withdraw entirely or partially from the contract, without any claims arising against the seller. Force majeure shall mean all events unforeseeable to the seller or such events which – even if they were foreseeable – are beyond the seller's sphere of influence and whose effects on the performance of the contract cannot be prevented by the seller's reasonable efforts. The seller shall not be responsible for delays in delivery and performance due to events that substantially complicate or make delivery impossible; these include difficulties in procuring materials arising after the conclusion of the contract, operational disruptions, staff shortages, strikes, lockouts, lack of means of transport, governmental orders, etc., even if they occur at the seller's suppliers or sub-suppliers. Any statutory claims of the buyer remain unaffected.
5. Terms of Delivery
5.1. The seller shall deliver the goods in accordance with the agreements made with the buyer. The terms of delivery, the delivery date, and any applicable delivery restrictions can be found under a correspondingly labeled button in our online shop or in the respective offer. Any shipping costs are listed in the product description and are shown separately by us.
5.2. If the goods are delivered by freight forwarder, delivery shall be "curbside," i.e., to the nearest public curb to the delivery address, unless the shipping information in the seller's online shop indicates otherwise or the seller and buyer have made different agreements.
5.3. The seller is entitled to make partial deliveries, provided that this is reasonable for the buyer. In the event of permissible partial deliveries, the seller is also entitled to issue partial invoices.
5.4. The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply, if this is not attributable to the seller. The seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the seller will inform the buyer immediately and refund the consideration immediately.
5.5. If the buyer is acting as an entrepreneur, the risk of accidental loss or deterioration of the sold goods passes to the buyer as soon as the seller has handed over the goods to the freight forwarder, carrier, or other person or entity designated for the execution of the shipment. This also applies if the seller bears the transport costs. Notwithstanding this, the transfer of risk shall take place upon notification of shipping readiness to the buyer if the shipment of the goods is delayed for reasons attributable to the buyer. Any storage costs incurred shall be borne by the buyer after the transfer of risk. If the buyer is acting as a consumer, the risk of accidental loss or deterioration of the goods shall only pass to the buyer upon delivery of the goods to the buyer or a person entitled to receive them.
5.6. If the parties have agreed on self-collection, the seller will first inform the buyer by email that the goods ordered by them are ready for collection. Upon receipt of this email, the buyer can collect the goods after consultation with the seller. In this case, no shipping costs will be charged.
6. Retention of Title
6.1. The seller shall retain title to the goods delivered until full payment of the purchase price due has been received. If the buyer is an entrepreneur, the seller shall retain title to the goods delivered until all its claims arising from the business relationship with the buyer have been satisfied. Otherwise, clauses 6.3-6.5 of these General Terms and Conditions shall apply to contracts with entrepreneurs.
6.2. Goods subject to a retention of title or other rights shall not be pledged or transferred by way of security by the buyer. The buyer may only resell the goods in the ordinary course of business as a reseller, provided that the buyer has effectively assigned to the seller its claims against its customers in connection with the resale and that the buyer transfers title to its customer subject to payment.
6.3. If the seller's goods are combined with or mixed with a thing belonging to the buyer, such thing shall be regarded as the principal thing, and the seller shall acquire co-ownership of the thing in proportion to the value of the seller's goods relative to the invoice value or, in the absence of such value, the market value of the principal thing. In such cases, the buyer shall be deemed to be holding the goods for the seller.
6.4. The buyer shall immediately inform the seller of any goods owned or co-owned by the seller or of any assigned claims. Any amounts assigned to or collected by the buyer on behalf of the seller shall be forwarded to the seller immediately, to the extent that the seller's claim is due.
6.5. If the value of the seller's security interests exceeds the amount of the secured claims by more than 10%, the seller shall, at the buyer's request, release the excess portion of the security interests.
7. Warranty
7.1. If the purchased and delivered goods are defective, the buyer is entitled, within the scope of the statutory provisions, to demand supplementary performance, withdraw from the contract, or reduce the purchase price.
7.2. If the buyer is an entrepreneur, the seller shall have the right of choice between repair or replacement delivery in the event of supplementary performance. In this case, the limitation period for warranty claims for new goods is one year from receipt of the goods. Claims for defects that the seller fraudulently concealed, as well as claims for damages and reimbursement of expenses, shall expire within the regular limitation period. For used goods, rights and claims for defects against entrepreneurs are excluded. The limitation period does not restart if a replacement delivery is made within the scope of liability for defects.
7.3. In addition, the buyer is also entitled to rights for defects within the scope of a quality and/or durability guarantee, provided that the seller has expressly issued such a guarantee for the sold item in the individual case.
7.4. If the buyer is an entrepreneur, they are subject to the commercial duty to inspect and notify of defects pursuant to Section 377 of the German Commercial Code (HGB). If the buyer fails to fulfill the corresponding notification duties, the goods shall be deemed accepted.
7.5. As a consumer, the buyer is requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to notify the seller and the carrier of any complaints as soon as possible. Failure to comply with this shall have no effect on their statutory or contractual warranty claims.
8. Guarantees, Crash Replacement Service
8.1. Additional guarantees for the goods supplied by the seller only exist if this was expressly stated in the order confirmation or another acceptance statement relating to the respective item and agreed with the buyer, and provided that the guarantee terms are available and have been complied with. An overview of any guarantees and service provided by the seller can be accessed at the link [...].
8.2. For HARO carbon frames and HARO carbon forks, the seller offers a so-called Crash Replacement Service.
9. Right of Withdrawal
9.1. Consumers have a statutory right of withdrawal when entering into a distance contract.
9.2. The seller provides information about the right of withdrawal in the online shop at the link https://www.harobikes.de/widerrufsbelehrung and makes a model withdrawal form available to the buyer.
10. Redemption of promotional vouchers
10.1. Promotional vouchers issued free of charge by the seller as part of promotional campaigns and having a specific period of validity, which cannot be purchased by the buyer, can only be redeemed in the seller's online shop and only during the period specified on the promotional voucher. The use of the promotional voucher by third parties and the transfer of the promotional voucher to third parties are excluded by the seller. The seller reserves the right to verify the user's eligibility to use it.
10.2. If the promotional voucher cannot be redeemed for individual products, this shall be indicated in the promotional voucher terms and conditions or in the respective product description in the seller's online shop.
10.3. Promotional vouchers can only be redeemed before completing the ordering process and cannot be redeemed afterwards.
10.4. The value of the ordered goods must be at least equal to the balance of the promotional voucher. If the value of the ordered goods is higher than the balance of the promotional voucher, the buyer can use the payment methods available in the online shop to pay the difference.
10.5. Cash payout of the balance of a promotional voucher is excluded. In the event of the exercise of a statutory right of withdrawal, the balance will be credited back to the voucher.
11. Final Provisions
11.1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If the buyer placed the order as a consumer and had their habitual residence in another country at the time of the order, the application of the mandatory laws of that country remains unaffected by the choice of law made in sentence 1.
11.2. The place of jurisdiction is the registered office of the seller, provided that the buyer is a merchant, a public law entity, or a special fund under public law. The same applies if the buyer has no general place of jurisdiction in Germany or if the buyer's domicile or habitual residence is unknown at the time the action is brought.
11.3. Consumers have the option to use alternative dispute resolution. The following link from the European Commission (also known as the ODR platform) contains information about online dispute resolution and serves as a central point of contact for the out-of-court settlement of disputes arising from online purchase contracts or online service contracts: https://ec.europa.eu/consumers/odr. The seller is neither willing nor obliged to participate in a mediation procedure.
11.4. Information obligation pursuant to the Consumer Dispute Resolution Act (§ 36 VSBG): The seller is not willing and/or obliged to participate in any further dispute resolution procedures before a consumer mediation body.
11.5. The seller complies with the "Google Customer Reviews Policy" (https://support.google.com/merchants/topic/7105962) as well as the "Trusted Shops Quality Criteria" (https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf).
11.6. If any provision of these General Terms and Conditions is invalid, the remaining provisions shall remain unaffected. The invalid provision shall be deemed replaced by one that economically comes closest to the meaning and purpose of the invalid provision in a legally effective manner. The same applies to any regulatory gaps.