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Terms and Conditions

Terms and Conditions

Terms and Conditions Biehler online shop

Please find below the terms and conditions on which we supply any Products listed on our website www.biehler-cycling.com. All orders are subject to the following Policies, Term and Conditions. Any participation in this service will constitute acceptance of this agreement. Please read these Terms and Conditions carefully before ordering any Products from our online shop.

Customer Services

You can contact our Customer Services team with any questions, comments or suggestions without affecting your statutory rights:

How to reach our Customer Service Team:

Customer Services helpline for BIEHLER products +49 3722 698504 0 *Local call rates apply. Line is available every day from 9am–5pm.

E-Mail: shop@biehler-cycling.com

Telefax: +49 3722 698504 30

Address: BIEHLER Sportswear, Eichelbergstraße 16, Gewerbegebiet Pleißa, D-09212 Limbach-Oberfrohna, Germany

1. About us and these terms and conditions

1.1.BIEHLER Sportswear GmbH & Co. KG is a company registered in Germany with the district court of Chemnitz under number HRA 8502 with registered office at Eichelbergstraße 16, 09212 Limbach-Oberfrohna. If you have any comments or suggestions, we would be pleased to receive them by emailing us at shop@biehler-cycling.com

1.2 The terms “Biehler Sportwear”, “Biehler Cycling” or “Biehler” “us” or “we” refers to the owner of the website. The term “customer” or “you” refers to the user or viewer of our website.

1.3 This contract shall be governed by the laws of the Federal Republic of Germany.

1.4. These terms and conditions shall prevail over any separate terms put forward by you. Any conditions that you submit, propose or stipulate in whatever form and at whatever time, whether in writing, by email or orally, are expressly waived and excluded.

1.5 No other terms or changes to the terms and conditions shall be binding unless agreed in writing signed by us.

1.6 A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman’ refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.

2. Conclusion of the Contract / Placement of order 

2.1 The subject-matter of the contract is the selling of products and/ or the provision of repair services. On placing the product in question on our website, we provide you with a binding offer to conclude a sales agreement subject to the conditions specified in the item description.

2.2 The purchase agreement takes place via the online shopping cart system as follows: The products intended for purchase are moved to the "shopping cart". You can select the shopping cart using the appropriate buttons on the navigation bar and make changes there at any time. After calling up the “Checkout” page and entering the required personal data and payment and shipping conditions, all order information is then displayed again on the order summary page. By clicking the "Complete Payment” button to submit the order, you declare acceptance of the order in a legally binding way by which the purchase agreement takes place. If you used an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments) to initiate payments, you will either be guided to our online shop on the order summary page or forwarded to the web page of the instant payment provider. If you are forwarded to the instant payment system, choose and enter your details as appropriate.

2.3 When you place an online order through the site, you will be requested to provide personal details. The collection and storage of personal information is governed by our Privacy Policy. Once you created an account you can login through the site by using your email address and password and be able to manage your orders. Also, you can order as a guest without creating an account.

2.4 We confirm the order acceptance to your subscribed mail address. You receive an update by mail if the status of your order changes.

2.5 We can cancel any order from in contention over the payment of a previous order. The customer is bound by the information disclosed while ordering. Wrong deliveries resulting from mistakes during the order process shall not be at our expense.

2.6 After your order has been sent it will be processed immediately and dispatched within the next working days. Orders on the site are subject to the required stock availability. Due to ecological and economical sustainability we manufacture most of our products after receipt of order. Therefore, the delivery time in individual cases is up to 20 working days.

3. Individually designed products and Hygiene articles (Nose-Mouth-Protectors)

3.1 You provide us with the appropriate information, text or data necessary to customise the goods via the online ordering system or via E-mail without undue delay after concluding the contract. Any potential specifications that we may issue regarding file formats are to be borne in mind.

3.2 You are obligated to ensure that you do not transfer data whose contents violate the rights of external parties (especially copyrights, rights to names and trademark rights) or break existing laws. You explicitly free us from any and all claims related to this matter that may be raised by external parties. This also applies to the costs associated with any legal representation that may become necessary in this regard.

3.3 We do not check the transferred data for textual accuracy. In this respect, we assume no liability for errors.

3.4. the mouth and nose protector, like all hygiene articles, cannot be exchanged. We expressly point out that it is not a certified medical product and is used exclusively for protection against unintentional skin contact and coarse particles.

4. Delivery

A late delivery does not give the customer the right to claim fees. The stated delivery times are not fixed dates and depend on the stock on hand. In case of noticeable defects, the purchaser has the right to return the item under the terms mentioned in this document.  The shipment is always under the addressee's risk. Please check your parcel at reception of damage. 

5. Pricing and Payment

5.1  An order is sent only after full payment of the order. All pricing will be shown in EUR including value added taxes. Local import duties may be payable by the recipient on receipt of the order. The indicated price on the item description does not include shipping fees.

5.2 Deliveries in Non-EU member states do not include German VAT. Import duties and taxes for Non-EU countries are not included in the shipping charges. Please check with your customs office to make sure what these additional costs will be prior to purchasing. Additional Taxes or import duties are normally collected by the shipping company or when you pick the item up. These charges are at buyer's responsibility.

5.3 As payment methods we offer bank transfer/payment in advance or PayPal and PayPal Express. For Paypal you will be charged when the order is placed. If you choose PayPal you will be forwarded directly to PayPal to place your payment.

5.4 If we pay in advance, e.g. when paying an invoice or a debit note, your data will be forwarded to SCHUFA Holding AG, Komoranweg 5, 65201 Wiesbaden, for a validity check using a mathematical-statistic process in order to safeguard our authorised interests. We reserve the right to reject the mode of payment of an invoice or debit note on the basis of the results of the validity check.

6. Shipping costs:

6.1 Within Germany: Free shipping within Germany for orders above 150€. Order below 150€ will be charged with 4,90€.

Within European Union: Free shipping within EU for orders above 300€. Order below 300€ will be charged with 12€.

Non-EU: (Switzerland, Norway, Great Britain, Island) Free shipping within EU for orders above 350€. Order below 350€ will be charged with 16€.

International: Free shipping within EU for orders above 400€. Order below 400€ will be charged with 30€.

6.2 Deliveries in Non-EU member states do not include German VAT. Import duties and taxes for Non-EU countries are not included in the shipping charges. These charges are at buyer's responsibility. Please check with your customs office to make sure what these additional costs will be prior to purchasing. Additional Taxes or import duties are normally collected by the shipping company or when you pick the item up.

7. Promotional Codes and Gift Vouchers

If you are using a promotional code please enter it in the promotional code box on the bas-ket page. The discount will automatically be calculated. If you have a gift voucher please en-ter in the checkout page and it will automatically calculate your discount. Once purchased gift vouchers are non refundable.

8. Returns/Exchanges 

8.1. In case you are not satisfied with our products you can send the new, undamaged and unworn product in their original packaging back within 14 days for an exchange or refund (counting from the item reception date) to the following address: shop@biehler-cycling.com and  Biehler Sportswear GmbH & CO. KG Eichelbergstraße 16 09212 Limbach-Oberfrohna Germany We reserve the right to refuse refunds for returned products, which are not in saleable condition.

8.2. For Exchanges please contact us shop@biehler-cycling.com In case of an exchange, the shipping charges of the new delivery will be entirely at the expense of the customer. In case of a lost parcel, an inquiry will be made with the postal service or transportation company. Only the result of this inquiry can grant the refund of the amount paid by the customer.

8.3. If you think your product has a suffered a manufacturing fault or you received a product you did not order please contact us shop@biehler-cycling.com We provide a free return ser-vice for faulty or wrong delivered products. Faulty items will either be replaced, repaired or refunded according to our assessment. Items that are damaged as a result of excessive or long term usage are not considered faulty. Returned items that have been worn should be laundered before return, receipt of unwashed garments may result in your product being returned to sender.

8.4. Gift vouchers cannot be returned.

9. Conclusion of the contract for Syndicate Membership

9.1 The contract subject matter is the purchase of download products (digital content which is not supplied on a physical data carrier). In conjunction with the setting up of the respective download product on our website, we refer you to a binding offer associated with the conclusion of a purchase contract under the conditions specified in the product description.

9.2 The purchase contract is concluded via the online shopping cart system as follows: The products intended for purchase are moved to the "shopping cart". You can select the shopping cart using the appropriate buttons on the navigation bar and make changes there at any time. After calling up the “Checkout” page and entering the required personal data and payment and shipping conditions, all order information is then displayed again on the order summary page. By clicking the "Complete Payment” button to submit the order, you declare acceptance of the order in a legally binding way by which the purchase agreement takes place. If you used an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments) to initiate payments, you will either be guided to our online shop on the order summary page or forwarded to the web page of the instant payment provider. If you are forwarded to the instant payment system, choose and enter your details as appropriate By using the ‘Complete Payment’ button to send the order, you indicate your legally binding acceptance of the offer, which results in the conclusion of the purchase contract.

9.3 Within 48 hours the Syndicate membership will be activated for your account and you will see all articles at reduced prices as soon as you have logged into your account.

10. E-correspondence

The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. You have to ensure that the respective e-mails are not blocked by a SPAM filter.

11.  Right of retention, reservation of proprietary rights

11.1 You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.

11.2 The goods remain our property until the purchase price is paid in full.

11.3 If you are a businessman, the following conditions also apply:

 

a) We retain ownership of the goods until all the claims arising from the ongoing business relationship have been settled in full. The goods subject to retention of title may not be pledged or transferred by way of security before ownership of the said goods changes hands.

b) You can re-sell the goods within the framework of an orderly transaction. In this regard, you hereby cede all the claims amounting to the magnitude of the billing amount that accrue to you as a result of the re-selling operation to us, and we accept the cession. Furthermore, you are authorised to collect the claim in question. However, insofar as you do not discharge your payment obligations in an orderly fashion, we reserve the right to collect the claim ourselves.

c) In a situation involving the combination and amalgamation of the goods subject to retention of title, we acquire co-ownership of the newly-formed item. This co-ownership corresponds to the ratio that exists between the invoice value of the goods subject to retention of title and the other processed items at the time of processing.

d) If you make a request of this nature, we shall be obligated to release the securities that are due to us, to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.

12. Warranty

(1) The statutory warranty rights are applicable.

(2) As a consumer, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request, it shall have no effect on your legal warranty claims.

(3) Insofar as you are a business, the following difference applies to the aforementioned warranty regulations:

a) It is understood that the details provided by us and the product description provided by the manufacturer are the only things that represent the properties and condition of the product in question. Other advertisements, blurbs and statements issued by the manufacturer are not considered to be representative of the properties and condition of the said product.

b) If the goods are found to be faulty, we shall reserve the right to repair the goods or deliver replacements. If the defect is not removed, you can demand a reduction in the price or withdraw from the contract at your discretion. The defect removal is applicable after a failed second attempt, unless the circumstances prove otherwise, in particular due to the nature of the object and/or defect or other conditions. In case of repair, we must not bear the additional costs, which arise from the transfer of the item to a place other than the place of fulfilment, as far as the transfer does not correspond to the intended use of the item.

c) The warranty period amounts to a period of one year after delivery of the product. The reduction in time-limit does not apply:

- to damages culpably attributable to us arising from injury to life, limb or health and for other damages caused by wilful intent or gross negligence;

- insofar as we have wilfully concealed the defect or accepted a warranty for the quality of the goods;

- to goods which are used for a building in accordance with their normal use instructions and whose defects were caused by this;

- for statutory recourse claims, which you have against us in connection with warranty rights.

12. Choice of law, place of fulfilment, jurisdiction

(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).

(2) If you are not a consumer, but a businessman, a legal entity under public law or an institutional fund governed by public law, our place of business is the place of jurisdiction as well as the place of fulfilment for all services that follow from the business relationships that exist with us. The same condition applies to situations in which you are not associated with a general place of jurisdiction in Germany or the EU, as well as situations in which the place of residence or the usual place of residence is not known at the time of commencement of proceedings. This has no bearing on the capacity to call upon the court associated with another place of jurisdiction.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.

 

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