GENERAL TERMS & CONDITIONS OF CA GO BIKE GMBH - archived on 2023-04-01

A. General provisions

1. Contractual partners, scope of application, customer groups, customer service

1. Your contractual partner and operator of the online store www.cagobike.com (the „Online Shop“) is Ca Go Bike GmbH („Ca Go“ or „we/us“). These General Terms and Conditions of Sale (hereinafter “General Terms and Conditions”) apply to all of our business relationships with our customers, regardless of whether the business relationship is established via the Online Shop or via orders placed by telephone, e-mail or by mail.
2. These General Terms and Conditions apply equally to both customers who are consumers and trade customers, unless individual provisions are not explicitly only applicable to consumer customers or trade customers. For the purposes of these General Terms and Conditions, (i) “consumers” are any individuals who enter into a legal transaction for purposes that are predominantly not related to their commercial or freelance professional activities (section 13 of the German Civil Code (Bürgerliches Gesetzbuch) (“German Civil Code”) and (ii) “traders” are individuals, legal entities or partnerships with legal capacity that are exercising their commercial or freelance professional activities when entering into a legal transaction (section 14(1) German Civil Code).
3. These General Terms and Conditions will apply exclusively. Any varying, conflicting or supplementary general terms and conditions of the customer will only become part of the contract if and to the extent that we have expressly consented to their application. This requirement of consent will apply in any case, for example even if we carry out the delivery to the customer without reservation with knowledge of the customer’s general terms and conditions.
4. You can reach our customer service for questions, complaints and objections from Monday to Friday from 09:00 to 16:00 hours at the telephone number +49 (0)261 /914090-600 or info@cagobike.com.

2. Registration, creating a customer account

1. To be able to order a product in the Online Shop, the customer has to accept these general terms and conditions. If the customer orders a product in the Online Shop, they can register for free and create a customer account.
2. Registration is only allowed by individuals with unlimited legal capacity. Each customer may register only once..
3. For registration, the customer requires an e-mail address which is verified during re-registration. The information required for registration (e.g. name, e-mail address) must be provided by the customer completely and truthfully.n
4. When creating the customer account, the customer chooses a password. The customer is obliged to keep the password secret, not to disclose it to third parties under any circumstances and to store it in such a way that third parties cannot access it. The customer account is personal, non-transferable and non-inheritable.
5. If the information provided by the customer during registration changes, the customer must notify Ca Go of these changes promptly and without being asked. The customer meets their obligation to notify Ca Go by changing the corresponding information in their customer account.
6. The customer can have the data provided by the customer as well as the entire customer account deleted at any time by sending a request to our customer service.

3. Conclusion of contracts

1. Products offered in our Online Shop are directed equally at consumer customers and trade customers, but only at end users. Moreover, details of the products offered by us are non-binding and subject to change. The first and second sentences above apply in particular to products offered in the Online Shop, in catalogues and in our showroom. The contract will be concluded by the customer making an offer which we accept.
2. The commercial resale of products is not permitted. Ca Go therefore reserves the right in particular but not exclusively not to accept contractual offers which give or have given the appearance of being made for the purpose of commercial resale of the products.
3. By placing an order in the Online Shop, the customer makes a binding offer to purchase or reserve the product in question. The customer is bound by their offer for five (5) working days. We are entitled to accept the offer within this period.
4. We will send the customer a confirmation of receipt of the order promptly after receipt (“Order Confirmation”). This Order Confirmation does not constitute an acceptance of the offer. The contract with the customer will only be concluded upon our acceptance within the period specified in sub-clause 3 above. Acceptance may be effected by declaring our acceptance to the customer or, in the case of a purchase, by dispatching or handing over the product.
5. Agreements regarding repair services that are not provided by us under the statutory warranty will be concluded by a costs estimate from us, which at the same time constitutes a binding offer, and by acceptance of the costs estimate by the customer. The customer must declare within two (2) calendar weeks after receipt of a requested costs estimate whether they accept or reject our offer. If the customer does not declare their acceptance within two (2) calendar weeks, we shall grant the customer a reasonable grace period of one (1) calendar week. If this period expires without any declaration on the part of the customer, we will assume that our offer has been rejected and will in this case return the product to the customer at the customer’s expense. We will also point out these legal consequences to the customer again separately when setting a grace period.

4. Prices, taxes, exports and payment

1. The price agreed on in the context of the order plus the applicable statutory value added tax and customs duty, where applicable, as well as shipping costs will be authoritative. The customer will be informed about the value of the shipping costs incurred for the shipment of the Ca Go bike to the Ca Go partner selected by the customer and/or components and/or other individual parts to the customer prior to placement of the order.
2. The following payment methods are available to the customer for payment of the products. .
   1. Payment by advance bank transfer: The customer can pay for products (i.e. Ca Go bikes, including the equipment options and components selected by the customer (“Ca Go Bike”) as well as individual components and other individual parts) by advance bank transfer.
   2. Payment by invoice: The customer can also pay for individual components or other individual parts by invoice. Payment by invoice is not available for the Ca Go Bikes.
3. If payment is made by advance bank transfer, the products ordered will only be delivered or the collection of the Ca Go Bike at the selected Ca Go partner or at Ca Go’s showroom in Koblenz will only be possible after the total invoice amount in the amount stated on the order form has been received in our bank account. Invoicing for Ca Go Bikes is done in two stages. Stage 1: An invoice for a partial amount of the order (“Down Payment”) in the amount of €1,000.00 plus statutory VAT will be sent to the customer by e-mail. The invoice may also be included in the e-mail in which we declare our acceptance. The Down Payment is due upon receipt of our declaration of acceptance. Upon receipt of payment of the Down Payment in our bank account, the customer will be notified of the start of production of the Ca Go Bike. Stage 2: After completion of production and before delivery of the Ca Go Bike to the Ca Go Bike partner selected by the customer or to Ca Go’s Koblenz Showroom, the customer will receive the invoice for the remaining amount of the order by e-mail, which is due immediately. Upon receipt of payment, the Ca Go Bike will be delivered to the selected Ca Go partner or made available in Ca Go’s showroom in Koblenz, but not before the delivery date specified in the order. After successful delivery or provision, the customer can pick up the Ca Go Bike at the selected Ca Go partner or at Ca Go’s showroom in Koblenz.
4. During any period of default, the purchase price will be subject to interest at the statutory default interest rate applicable at the time. We reserve the right to claim for any further losses caused by default.
5. The customer will only be entitled to set off rights to the extent that its claim has been legally established or is undisputed. In addition, the customer will also be entitled to set off against our claims if the customer asserts notices of defects or counterclaims arising from the same contractual relationship. The customer will only be entitled to a right of retention if its counterclaim is based on the same contractual relationship.

5. Time of delivery and performance, delay

1. Compliance with its delivery obligations by Ca Go is contingent on the timely and proper fulfilment of the customer’s obligations under the sales contract concluded for the product.
2. We will dispatch the product to the customer or, where a Ca Go Bike is purchased, dispatch it to the Ca Go partner or make it available to Ca Go’s showroom in Koblenz by the shipping date or delivery period indicated on the order page at the latest. However, the Ca Go Bike will be dispatched or provided at the earliest on the day of receipt of the full purchase price (including value added tax and shipping costs) in our bank account. The shipping date is the day on which we hand over the product to the shipping company. If not all products ordered are in stock, we will be entitled to make partial deliveries of separately usable products included in an order, with the additional shipping costs caused by this being borne by us.
3. If no shipping date is specified, products designated as “FROM STOCK” will be shipped no later than the fifth (5) business day and all other products will be shipped within three (3) weeks. This period, which is authoritative for determining the shipping date, begins on the day of receipt of the full purchase price (including VAT and shipping costs).
4. In the event that our supplier fails to deliver products to us which were not designated as “FROM STOCK” on the offer page in the Online Shop when the order was placed by the customer in due time, the period otherwise applicable pursuant to sub-clauses 4 and 5 will be extended until delivery by our supplier plus two (2) working days, however by a maximum period of three (3) weeks. The prerequisite for this extension is that (i) we have reordered the product prior to the conclusion of the sales contract in such a timely manner that a timely delivery could be expected under normal circumstances, and (ii) we are not responsible for the delay in delivery by our supplier.
5. If the product cannot be delivered or cannot be delivered in time for one of the reasons mentioned in sub-clause 6, we will notify the customer of this promptly. In such cases, we will reach an individual agreement with the customer regarding the delivery date. The same applies to delays in delivery and performance due to force majeure and due to events that make delivery significantly more difficult or impossible for Ca Go (for example strikes, lockouts, etc.) and for which Ca Go is not responsible.
6. If the products are permanently not available from our suppliers (“Delivery Failure”) and if the sales contract with the customer has already been concluded, we will inform the customer promptly about the Delivery Failure. In this case, we will be entitled to cancel the sales contract provided that we are not responsible for the non-availability of the product. In the event of cancellation, we will reimburse the customer for any payments made to us without delay. The legal rights of the customer due to a delay in delivery will not be affected by the above provision, although the customer may only claim damages in accordance with the special provisions of clause 9 of these General Terms and Conditions. If the sales contract with the customer has not yet been concluded and if we determine a Delivery Failure, we will refrain from issuing a declaration of acceptance. In this case, a contract is not concluded.
7. Should we fail to meet a non-binding delivery date, the customer is required to set us a reasonable grace period, which may not be less than one (1) week.
8. If a collection date has been agreed with the customer at the Ca Go partner or at Ca Go’s showroom in Koblenz and the customer does not keep to the date, we will set the customer a reasonable grace period of two (2) weeks and reserve the right to withdraw from the contract upon expiry of this period. We will also point this out to the customer again separately when setting a grace period. Any payments already made will be refunded to the customer without delay in the event of cancellation of the contract.
9. Any delivery or collection of ordered products outside the Federal Republic of Germany (“Germany”) is excluded. Ca Go Bikes can be collected from the Ca Go partner selected by the customer or directly from Ca Go’s showroom in Koblenz. Customers (end users) outside Germany have the option to opt for delivery of Ca Go Bikes to the delivery locations in Germany offered in the order process, i.e. the Ca Go Bike partner or Ca Go’s showroom in Koblenz, and to pick up the Ca Go Bike at the selected delivery location. This does not apply to components and other individual parts as offered by us – these can also be ordered and shipped to an address of the customer in Germany.

6. Shipping, insurance and transfer of risk

1. The Ca Go Bikes are fully assembled and adjusted by qualified fitters at the factory. Certain components may be disassembled for safety reasons for transportation purposes. These will be reassembled on the Ca Go Bikes after receipt of the delivery by the Ca Go partner or by employees in our Ca Go showroom in Koblenz.
2. Unless otherwise expressly agreed, we will determine the appropriate mode of shipment and the transport company at our reasonable discretion.
3. Transfer of risk will take place at Ca Go Bike at the time the Ca Go Bike is handed over to the customer at Ca Go’s showroom in Koblenz or by the Ca Go partner. For components or other individual parts for the Ca Go Bike which are ordered for direct shipment to the customer, the following applies with regard to the transfer of risk: (i) If the customer is a consumer, the risk of accidental loss, accidental damage or accidental loss of the delivered product passes to the customer at the time the products are handed over to the customer or the customer is in default of acceptance; (ii) If the customer is a trader, the risk passes to the customer at the time the product is delivered to the transport company.
4. The shipping costs are to be borne by the customer. They include the costs of transport insurance taken out by us against the usual transport risks. The corresponding shipping costs will be indicated to the customer in the order form.
5. Ca Go is committed to environmental protection and sustainable business. For this reason, Ca Go ships its products with the goals of reducing packaging waste and ensuring recyclability (circular economy).

7. Retention of title

1. We retain title to the product delivered by us until full payment of the purchase price (including VAT and shipping costs) for the product in question.
2. As long as the retention of title exists, the customer may neither dispose of the product nor grant third parties use of it by contract.

8. Statutory and extended warranties

1. The legal regulations apply to the rights of the customer in the event of material defects and defects of title (including incorrect and short deliveries as well as improper assembly or defective assembly instructions), unless otherwise determined below. In particular, you are legally obliged to provide us with the defective product for the purpose of subsequent fulfilment.

   Important note: If you have purchased a complete Ca Go Bike from us, if you assert claims under statutory warranty you must contact us and bring the complete Ca Go Bike to the agreed Ca Go partner in the sequence agreed with us, and not just defective components. This is the only way we can check the Ca Go Bike for possible defects and resulting statutory warranty rights. Any expenses incurred by the customer for transporting a defective Ca Go Bike to the Ca Go partner, in particular transport, transit, labour and materials costs, will be borne by Ca Go Bike. A claim for transport costs or an advance payment for this does not exist if Ca Go offers to collect the Ca Go Bike from the customer free of charge. With regard to the assertion of additional claims under the extended warranty, if any, the “Ca Go Extended Warranty Terms & Conditions” valid at the time of the conclusion of the sales contract are to be observed.

2. The basis of our liability for defects is, among other things, the agreements made regarding the qualities and characteristics and the assumed use of the product as well as accessories and instructions (including assembly and installation instructions). All product descriptions and manufacturer’s specifications which are the subject of the individual contract or which were publicly announced by us (in particular in catalogues or on our website) at the time of the conclusion of the contract will be deemed to be an agreement in the above sense.
3. Claims due to defects do not exist in the case of natural wear and tear or in the case of damage which occurs after the transfer of risk as a result of incorrect or negligent handling, excessive stress, unsuitable operating materials and/or due to special external influences and/or which are not foreseen under the contract. The foregoing will apply only if Ca Go is not responsible for the defect.
4. If operating or maintenance instructions of Ca Go and/or the manufacturer (e.g. suspension fork, gear shift) are not followed, changes of an inadmissible kind are made to the products, parts are exchanged or consumables/spare parts are used which do not correspond to the original specifications, and to the extent that the warranty case is demonstrably due to one of the aforementioned reasons for exclusion, Ca Go’s liability for such defects will not apply. The foregoing will apply only if Ca Go is not responsible for the defect.
5. In principle, we will not be liable for defects that the customer was aware of or was not aware due to gross negligence at the time of conclusion of the contract (section 442 German Civil Code). Furthermore, the customer’s claims due to defects require that it has complied with its statutory obligations to examine and to report defects (sections 377 and 381 German Commercial Code (Handelsgesetzbuch)). If a defect becomes apparent upon delivery, examination or at a later point in time, we must be notified of this in writing without delay. Obvious defects are to be reported to us in writing within two (2) weeks of delivery and defects not apparent upon inspection are to be reported to us within the same period from the time of discovery in all cases. If the customer fails to examine the product and/or to report defects in the proper manner, our liability for a defect that was not reported or not reported in the proper manner will be excluded in accordance with the statutory provisions. This sub-clause 5 does not apply to customers who are consumers for the purposes of section 13 German Civil Code.
6. If the product delivered is defective, in relation to trade customers we may choose whether to provide subsequent performance by remedying the defect (“Rectification”) or by delivering an item that is free from defects (“Replacement Delivery”). If the customer is a consumer, in the case of a defect he or she can choose whether they first require Rectification of the defect or a Replacement Delivery. Our right to refuse subsequent performance under the statutory conditions will also remain unaffected by this sub-clause 6. In particular, we may refuse the type of subsequent performance chosen by a consumer customer if this is only possible at disproportionate cost.
7. If subsequent performance in accordance with the above sub-clause 6 fails or is unreasonable for the customer or if we refuse subsequent performance, the customer will be entitled to cancel the sales contract, to reduce the purchase price or to claim damages or reimbursement of their futile expenses, in each case in accordance with the statutory provisions. However, the special provisions of clause 9 of these General Terms and Conditions apply to any claims for damages by the customer.
8. The statutory warranty period for consumer customers is two (2) years from the time of delivery. If the customer is a trader, the statutory warranty period is one (1) year from the time of delivery. This also applies to repairs carried out by Ca Go. These statutory warranty periods do not apply to claims for damages by the customer arising from injury to life, body or health or wilful or grossly negligent breaches of duty by us or our legal representative or agents acting on our behalf or in the case of fraudulent intent. These claims will become statute-barred in accordance with the statutory provisions.
9. In addition to the statutory warranty, we voluntarily grant customers who are consumers and the original purchaser of a Ca Go Bike an extended warranty in accordance with our “Ca Go Extended Warranty Terms & Conditions” in force at the time of conclusion of the sales contract. This extended warranty does not apply to trade customers who use the Ca Go Bike for business purposes.

9. Liability

1. Ca Go will be liable for damages within the scope of strict liability in the event of wilful misconduct and gross negligence. In the event of ordinary negligence, subject to statutory limitations of liability (e.g. care in own affairs; immaterial breaches of duty), Ca Go will only be liable for
   1. damage resulting from injury to life, body or health
   2. damage resulting from the breach of a material contractual obligation (i.e. an obligation whose fulfilment is a prerequisite for the proper performance of the contract and on whose observance the customer regularly relies and may rely, such as the obligation to deliver the purchased product); in such a case, however, our liability will be limited to compensation for foreseeable, typically occurring damage.
   In all other respects, liability for damages will be excluded.
2. The limitations of liability resulting from sub-clause 1 above will also apply to third parties and in the event of breaches of duty by our legal representatives or agents acting on our behalf. They will not apply if we have fraudulently concealed the defect or have given a warranty for the quality of the product. Furthermore, the above limitations of liability will not apply to claims of the customer under the German Product Liability Act (Produkthaftungsgesetz).

10. Governing law and place of jurisdiction

1. The sales contract existing between us and the customer is governed by the laws of the Federal Republic of Germany, subject to mandatory international private law provisions and without regard to UN Sales Convention.
2. If the customer is a merchant within the meaning of the German Commercial Code, a legal entity governed by public law or a special public fund, the exclusive place of jurisdiction (including international jurisdiction) for all disputes arising directly or indirectly from the contractual relationship will be at the location of our registered office in Koblenz. The same applies if the customer is a trader for the purposes of section 14 German Civil Code. However, we shall also be entitled in all cases to bring a legal action at the place of performance of the delivery obligation in accordance with these General Terms and Conditions or a controlling individual agreement or at the general place of jurisdiction of the customer. Any overriding statutory provisions remain unaffected, including not limited to provisions regarding exclusive jurisdiction.

B. Special provisions in distance selling and electronic commerce

1. Rights of withdrawal for consumer customers

1. Sofern der Kunde Verbraucher ist, hat dieser bei Abschluss eines Fernabsatzgeschäfts oder eines außerhalb von Geschäftsräumen geschlossenen Vertrags grundsätzlich ein gesetzliches Widerrufsrecht, über das wir nachfolgend informieren.

2. Right of withdrawal when concluding a sales contract

   Customers who are consumers are entitled to the following right of withdrawal when concluding a sales contract:

   Instructions on withdrawal

   Right of withdrawal

   You have the right to cancel this contract within fourteen days without giving any reason.

   The cancellation period (“cooling-off period”) is fourteen days from the day on which you or a third party named by you who is not the carrier have/has taken possession of the last goods.

   To exercise your right of withdrawal, you must inform us (Ca Go Bike GmbH, Am Autobahnkreuz 7, 56072 Koblenz, e-mail: info@cagobike.com, telephone: +49 (0)261/914090-600) by means of a clear declaration (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, although it is not mandatory.

   To meet the withdrawal deadline, it is sufficient for you to send the notice that you are exercising your of the right of withdrawal before the withdrawal period has expired..

   Consequences of withdrawal

   If you withdraw from this contract, we are required to reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from you having chosen a type of delivery other than the least expensive type of standard delivery offered by us) without delay and no later than within fourteen days from the day on which we received the notice that you are exercising your right to withdraw from this contract

   If you withdraw from this contract, we are required to reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from you having chosen a type of delivery other than the least expensive type of standard delivery offered by us) without delay and no later than within fourteen days from the day on which we received the notice that you are exercising your right to withdraw from this contract.

   You must return or hand over the goods to us without delay and in any case no later than within fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period.

   You will bear the direct costs of returning the goods. The costs are estimated at a maximum of about €200.

   You must pay for any loss in value of the goods only if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.

3. Production of goods according to customer specifications – exclusion of the right to withdraw

   According to the statutory provisions, there is no right of withdrawal in particular for contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

   The exclusion of the right of withdrawal for goods manufactured according to customer specifications (e.g. orders for the Ca Go FS200 with custom branding film or special painting at the customer’s request) will also apply in principle if we have not yet commenced manufacturing.

4. Model withdrawal form

   In addition, we inform you below about the model withdrawal form according to the legal regulations:

   Model withdrawal form

   (If you want to cancel the contract, please fill out and return this form.)

   • To: CaGo Bike GmbH, Am Autobahnkreuz 7, 56072 Koblenz, e-mail: info@cagobike.com
   • I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*)
   • Ordered on (*)/received on (*)
   • Order number
   • Name of consumer(s)
   • Address of consumer(s)
   • Signature of consumer(s) (only if this form is sent as a hard copy)
   • Date

   (*) Delete as appropriate

   Please use only the following address when returning goods:
   Ca Go Bike GmbH, Am Autobahnkreuz 7, 56072 Koblenz.

2. Information requirements in electronic commerce

Ca Go is subject to requirements to provide information in electronic business transactions, which we comply with as follows.

1. The individual technical steps leading to the conclusion of the contract:

   Before you place a binding order, you can configure products without any obligation. If you want to buy the product, click the “Checkout” button. Next, you have the option to either register and create a customer account or log in as a guest; if applicable, you will be shown personal information already stored in your profile. Here you also have the option to change your billing address for the order and choose a payment method. If you scroll further down this page, you will See an overview of all order details as the last step of your order. You complete the ordering process by clicking the button “Order and pay”. This will make your order binding. The successful transfer of the order and payment details will be confirmed to you on the website.

2. Storage of the contract text and accessibility for the customer

   You will receive your orders and contract documents by e-mail. If you register and create a customer account, orders and contract documents will also be stored in your customer account and will be available to you there for retrieval and download.

3. Contractual language

   The contract is concluded in the German language.

4. Consumer dispute settlement

   Ca Go is not obliged to participate in dispute resolution proceedings before a consumer arbitration board. Furthermore, Ca Go does will not participate in such proceedings voluntarily.

   The European Commission has set up a European online dispute resolution platform at http://ec.europa.eu/consumers/odr/. Consumers can use the online dispute resolution platform for the out-of-court settlement of disputes arising from sales contracts or service contracts concluded online.

C. Privacy policy

You can find our privacy policy here: https://www.cagobike.com/en/privacy-policy

Our privacy information for orders, repair and support can be found here: https://rtigroup.atlassian.net/servicedesk/customer/portal/1/article/141852708

D. Provider identification

Registered office of the company:

Koblenz

Commercial register:

No. HRB 26998, Koblenz Local Court (Amtsgericht Koblenz)

Managing directors:

Franc Arnold

VAT ID no.:

DE326206636

WEEE reg. no.:

DE 3421 1698

E. Legal notes (German Battery Act (Batteriegesetz) and German Electrical and Electronic Equipment Act (Elektrogesetz))

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