General Terms and Conditions (GTC) for Direct-to-Consumer (D2C) Sales of

A. General Provisions

§ 1 Contractual Partner, Scope, Customer Categories

1. The contractual partner is Ca Go Bike GmbH (hereinafter “Ca Go”). These General Terms and Conditions apply to all contracts for the sale and delivery of products concluded via the online shop www.cagobike.com, by email, telephone, or post (direct sales / D2C).

2. These GTC apply to consumers (Section 13 German Civil Code – BGB) and entrepreneurs (Section 14 BGB), unless expressly differentiated.

3. Deviating terms of the customer shall not apply unless Ca Go expressly agrees to their validity in writing.

4. Customer service: Monday–Friday, 09:00–17:00, Tel. +49 261 914090-600, info@cagobike.com.

§ 2 Ordering in the Online Shop

1. Orders in the online shop require acceptance of these GTC. A customer account may be created voluntarily.

2. Orders as a private end customer may only be placed by natural persons who are of legal age and legally competent. If the ordering party is a commercial end customer / entrepreneur, the order must be placed by the adult and legally competent owner or by an authorized representative who is of legal age and legally competent.

3. Access data must be treated confidentially. The customer account is non-transferable.

4. Customers are obliged to keep their data up to date. The customer account may be deleted at any time via customer service.

§ 3 Conclusion of Contract

1. Product presentations do not constitute a binding offer. By placing an order, the customer submits a binding offer to purchase.

2. The customer is bound by the offer for five (5) working days. The contract is concluded upon express acceptance or dispatch / handover of the goods.

3. Commercial resale of the products is prohibited.

4. Repair services outside statutory warranty shall be provided on the basis of a separate cost estimate.

§ 4 Prices, Payment

1. The prices stated at the time of ordering apply, including statutory VAT plus shipping costs.

2. Payment methods:

   • Prepayment (all products)
   • Invoice (components / individual parts only)

3. For Ca Go Bikes, invoicing is carried out in two stages (down payment EUR 1,000 plus VAT + final invoice prior to delivery).

4. Deliveries are made exclusively after full receipt of payment.

5. Set-off and rights of retention exist only within the statutory scope.

§ 5 Delivery, Delivery Area, Default

1. Delivery periods require proper cooperation by the customer.

2. Delivery area:

   • Deliveries to end customers are made exclusively to mainland Germany.
   • Deliveries to islands (e.g., North Sea and Baltic Sea islands) are excluded.

3. Ca Go Bikes are delivered either to a Ca Go partner, the Koblenz showroom, or – within the framework of direct delivery – directly to the customer.

4. Partial deliveries are permissible insofar as they are reasonable for the customer.

5. In the event of delivery delays, statutory provisions apply.

§ 5a Direct Delivery (D2C)

1. Ca Go is entitled to deliver bikes directly to end customers (own delivery or freight carrier).

2. Delivery dates are coordinated directly with the customer.

3. Transfer of risk:

   • Consumers: upon handover to the customer
   • Entrepreneurs: upon handover to the transport company

4. Direct delivery includes delivery and – in case of personal handover – a brief introduction.

§ 6 Shipping and Transfer of Risk

1. Bikes are delivered pre-assembled; partial disassembly for transport reasons is possible.

2. Shipping costs including transport insurance are indicated during the ordering process.

§ 7 Retention of Title

1. The goods remain the property of Ca Go until full payment has been received.

§ 8 Warranty and Guarantee

1. Statutory warranty rights apply.

2. • Consumers: 2 years
   • Entrepreneurs: 1 year from delivery

3. Guarantee claims are governed by the applicable Ca Go warranty conditions.

§ 9 Liability

1. Ca Go shall be liable without limitation in cases of intent and gross negligence; in cases of simple negligence only for breach of essential contractual obligations or for damages to life, body, or health.

§ 10 Applicable Law, Place of Jurisdiction

1. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

2. For entrepreneurs, the place of jurisdiction is Koblenz.

§ 11 Voluntary Right of Return

1. Independently of the statutory right of withdrawal, about which we inform customers separately, we grant a voluntary right of return of thirty (30) days for all standard products. The period begins on the day the goods are received by the customer. The right of return is deemed exercised in due time if the goods are returned to us within this period.

2. The voluntary right of return requires that the goods are unused and unmodified. If the goods have been used, damaged, or altered, we reserve the right to refuse return or deduct a reasonable amount for depreciation or restoration from the refund.

3. The customer shall bear the costs of return shipment.

4. The statutory right of withdrawal remains unaffected by the voluntary right of return. However, it does not apply to bicycles that are not pre-manufactured in series but are assembled individually upon customer order and according to customer specifications.

5. Special provisions for bicycle leasing: In leasing arrangements, the contractual relationship exists exclusively between the lessee/employee and the respective leasing provider. The lessee/employee has neither a voluntary right of return nor a statutory right of withdrawal vis-à-vis Ca Go. The contractual provisions between lessee/employee and leasing provider shall apply exclusively.

§ 12 Data Access and Use (EU Data Act)

1. If a product is equipped with integrated digital functions or sensors that automatically generate or record data during use (e.g., regarding usage, performance, or product condition), the customer has the right to receive such data in a structured, commonly used, and machine-readable format. Where necessary, we will provide supplementary information (metadata) enabling proper evaluation and use of the data.

2. Non-personal data are processed by Ca Go exclusively for the following purposes:

   • Fulfillment and execution of the contractual relationship (e.g., customer service, invoicing, warranty),
   • Ensuring operation, maintenance, safety, and quality of products or services,
   • Further development and optimization of existing offerings,
   • Development of new products, services, and data-based or AI-supported solutions,
   • Creation of aggregated or derived datasets, provided these do not allow conclusions to be drawn about individual customers.
   • Any further use requires an explicit agreement with the customer.

3. The collected data shall not be used to draw conclusions about the customer's economic circumstances, trade secrets, production processes, or strategic decisions if this could impair the customer's market position.

4. Non-personal data may only be disclosed to third parties if:

   • the third party uses the data exclusively for the purposes listed above,
   • the third party is contractually bound to equivalent protection and confidentiality standards, and
   • no disclosure is made to companies classified as “gatekeepers” within the meaning of Article 3 of Regulation (EU) 2022/1925.

   Any further disclosure requires the customer’s prior explicit consent.

5. Ca Go shall implement appropriate technical and organizational measures to ensure data security, including but not limited to encryption procedures, access restrictions, and suitable IT security mechanisms.

6. The customer is entitled to use the data provided for any lawful purpose. In particular, it is prohibited to use the data to:

   • develop products or services that are in direct competition with Ca Go’s offerings,
   • circumvent technical protection measures, or
   • pursue unlawful purposes.

7. If Ca Go uses or discloses data to third parties for independent commercial purposes beyond those listed above, the customer shall be entitled to appropriate and proportionate remuneration. Details shall be regulated separately.

8. Both parties undertake to treat all confidential information – in particular business and trade secrets and the contents of this contract – as confidential and not to disclose them to third parties. Disclosure is permitted only if required by law or with prior express consent of the other party. This obligation continues indefinitely after termination of the contract.

9. The customer’s right of access to data generated by the product exists for the duration of the product’s intended usability and as long as Ca Go provides the necessary technical infrastructure (e.g., apps, interfaces, or server services). If this infrastructure is discontinued, Ca Go will inform the customer in due time and enable download of the data generated up to that point in a commonly used, machine-readable format.

B. Distance Selling & Online Shop

§ 13 Right of Withdrawal for Consumers

1. Consumers have a statutory right of withdrawal of 14 days. The full withdrawal policy and model withdrawal form comply with statutory requirements (Sections 312g, 355 BGB).

   No right of withdrawal exists for custom-made products (e.g., special paint finishes, custom branding).

§ 14 Contract Language, Contract Text

1. The contract language is German.

2. The contract text will be transmitted by email and may be stored in the customer account.

§ 15 Dispute Resolution

1. Ca Go does not participate in dispute resolution proceedings before consumer arbitration boards.

C. Data Protection

Data protection information: https://www.cagobike.com/en/privacy-policy

D. Provider Identification

(According to the information provided at the beginning of these GTC)

E. Legal Notices

BattG / ElektroG: https://www.cagobike.com/en/legal-notice