A. General Provisions
1. Scope of application
These general terms and conditions of sale (hereinafter referred to as the “General Terms and Conditions”) apply to all sales of Ca Go Bikes (hereinafter referred to as “Products”) by Ca Go Bike GmbH (hereinafter referred to as “Ca Go” or “we/us”) to our customers (hereinafter referred to as “Customer” or “you”) at our factory at Am Autobahnkreuz 7, 56072 Koblenz (hereinafter “factory”).
These General Terms and Conditions apply only to customers who are consumers. For the purposes of these General Terms and Conditions, a ‘consumer’ is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their self-employed professional activity (Section 13 of the German Civil Code (hereinafter ‘BGB’)).
These General Terms and Conditions shall apply exclusively. Any deviating, conflicting or supplementary general terms and conditions of the customer shall only form part of the contract if and to the extent that we have expressly agreed to their validity. This requirement for consent shall apply in all cases, including, for example, where we deliver the product to the customer without reservation whilst being aware of the customer’s general terms and conditions.
2. Conclusion of Contract
Our offers at our factory are non-binding and subject to change. The contract for the product is concluded, subject to Clause 5 of these General Terms and Conditions, when the customer submits an offer at our factory which we accept. Acceptance takes place when we declare acceptance to the customer at our factory.
Commercial resale of products is not permitted. Ca Go therefore reserves the right, in particular, not to accept contractual offers that give the impression of having been made, or having been intended, for the purpose of commercial resale of the product.
There is also the option of leasing the products offered at our factory through a leasing partner. The special provisions in Clause 5 of these General Terms and Conditions apply to leasing.
3. Prices and Payment
All prices stated at our factory are "ex works", i.e. ex our factory at Am Autobahnkreuz 7, 56072 Koblenz, including the applicable statutory VAT. Delivery, transport, shipping, packaging and insurance costs are only included in our prices if a separate agreement has been made with you in this respect. All prices are in euros.
Unless otherwise agreed, the purchase price and any agreed prices for ancillary services (such as delivery, transport, shipping, packaging and insurance costs) are due for payment immediately upon conclusion of the contract.
The following payment methods are available to the customer for paying for the product:
a) Payment by debit and credit card: The customer may pay for the product using the following debit and credit cards:
- V Pay
- Maestro
- Visa
- Discover
- Diners Club
- Union Pay
- Mastercard
- American Express
b) Payment by advance bank transfer: The customer may pay for the product by advance bank transfer. In the case of advance bank transfer, the purchase price and any agreed prices for ancillary services are due for payment within seven (7) calendar days of conclusion of the contract. If the customer fails to meet this payment deadline, we will set the customer a reasonable grace period of three (3) calendar days, and reserve the right to withdraw from the contract upon expiry of this period. We will also notify the customer separately of this grace period. Once the full purchase price and any agreed prices for ancillary services have been received in our bank account, the product will be ready for collection by the customer at our factory. Clause 4 of these General Terms and Conditions applies additionally to collection.
Important note: Cash payment is not possible.
The purchase price shall bear interest during the period of default at the applicable statutory default interest rate. We reserve the right to assert further default damages.
The customer is only entitled to set-off rights insofar as their claim has been legally established or is undisputed. The customer is furthermore entitled to set off against our claims if the customer asserts notices of defects or counterclaims arising from the same contractual relationship. The customer only has a right of retention if their counterclaim is based on the same contractual relationship.
4. Collection
For collection of the product, the customer shall arrange a binding collection appointment and may collect the product at our factory on the agreed collection date.
If a binding collection appointment has been arranged with the customer at the factory and the customer fails to keep the collection appointment, we will set the customer a reasonable grace period of seven (7) calendar days, and reserve the right to withdraw from the contract upon expiry of this period. We will also notify the customer separately of this grace period. In the event of withdrawal, any payments already made will be refunded to the customer without delay.
If the customer fails to keep a binding collection appointment, the customer is in default of acceptance.
5. Leasing
The customer may also lease the new products offered at our factory via JobRad GmbH, Heinrich-von-Stephan-Str. 13, 79100 Freiburg (hereinafter "JobRad"). In the case of leasing, no purchase contract for the product is concluded between Ca Go and the customer, in derogation from Clause 2 of these General Terms and Conditions. Instead, an independent usage arrangement (not existing with Ca Go) is established within the framework of the usage concept offered by JobRad.
Important note: Only new products can be leased. Leasing of used products is not possible.
If the customer wishes to lease a product and informs Ca Go of this at the factory, Ca Go will create a leasing offer for the product selected by the customer in the JobRad portal. This offer is transmitted to JobRad and the customer. After Ca Go has confirmed that the leasing contract for the selected product has been concluded by JobRad (i.e. in particular after the leasing of the product has been approved and the supplier order has been issued by JobRad), the product will be made ready for collection by Ca Go at the factory and a collection appointment will be arranged with the customer. Delivery of the selected product will only take place if a separate agreement has been made with JobRad in this regard.
Important note: The leased product will only be handed over to the customer if the customer presents Ca Go with the JobRad code provided by JobRad prior to handover.
The contracting parties to the leasing contract are exclusively the lessor and the lessee. Ca Go is not liable for the conclusion of the leasing contract between the lessor and lessee, nor for the performance of that leasing contract.
6. Delivery
If the customer wishes to have the product delivered, the customer may commission a transport company of their choice to carry out the delivery. The customer determines the transport company at their own discretion.
Important note: The product is fully assembled and adjusted by qualified fitters at the factory. In the case of delivery, certain components may be disassembled for transport for safety reasons. These must be reassembled on the product upon receipt of the delivery.
Delivery of the product by Ca Go, or handover of the product to another transport company commissioned by the customer, will take place at the earliest on the day the full purchase price (including statutory VAT) and any agreed prices for ancillary costs (such as delivery, transport, shipping, packaging and insurance costs) are received in our bank account.
If the customer commissions Ca Go with delivery, the following additionally applies:
a) Compliance with delivery obligations presupposes the timely and proper fulfilment of the customer's obligations under the concluded contract for the product.
b) Our delivery dates or delivery periods are non-binding indications only, unless expressly agreed as binding between you and us.
c) You may, two (2) weeks after a non-binding delivery date or non-binding delivery period has been exceeded, request us in writing to deliver within a reasonable period. If we culpably fail to meet an expressly agreed binding delivery date or binding delivery period, or if we otherwise fall into default for any other reason, you must set us a reasonable grace period for performance. If this grace period passes without result, you are entitled to withdraw from the purchase contract.
d) If delivery of the product by Ca Go is delayed due to force majeure or events that make delivery significantly more difficult or impossible for Ca Go (e.g. strike, lockout, etc.) and for which Ca Go is not responsible, we will notify the customer of this without delay. In such cases, we will reach an individual agreement with the customer regarding the delivery date.
Ca Go is committed to environmental protection and sustainable business practices. Accordingly, Ca Go packages its products with the aim of reducing packaging waste and enabling reusability (circular economy).
Ancillary costs for delivery, such as delivery, transport, shipping, packaging and insurance costs, are to be borne by the customer.
7. Passing of Risk
Risk passes upon handover of the product to the customer at the factory, or at the point at which the customer falls into default of acceptance.
If the customer requests delivery of the product, the following applies with regard to the passing of risk: (i) if the customer commissions delivery of the product by a transport company that Ca Go has not previously named to the customer, the risk of accidental loss, accidental damage or accidental destruction passes to the customer upon dispatch of the product to the transport company; (ii) if Ca Go has named the transport company to the customer before the customer commissions it, the risk passes to the customer at the point at which the product is handed over to the customer or the customer falls into default of acceptance.
8. Retention of Title
We retain title to the product until full payment of the purchase price (including VAT) and any agreed prices for ancillary costs (such as delivery, transport, shipping, packaging and insurance costs) for the relevant product has been received.
For as long as retention of title applies, the customer may neither dispose of the product nor grant any third party contractual use of it.
9. Warranty
The statutory provisions apply to the customer's rights in the event of material and legal defects (including incorrect delivery and short delivery, as well as improper assembly/installation or defective instructions), unless otherwise specified below. In particular, you are legally obliged to make the defective product available to us for the purpose of subsequent performance.
Important note: If you purchased a product from us at our factory, you must contact us if you wish to assert warranty claims and, following the procedure agreed with us, bring the complete product to our factory rather than just the defective components. This is the only way we can inspect the product for any defects and resulting warranty rights. Ca Go bears any necessary expenses incurred by the customer in bringing a defective product to our factory, in particular transport, travel, labour and material costs. There is no entitlement to transport costs or an advance thereof if Ca Go offers free collection from the customer. With regard to the assertion of any additional guarantee claims, the "Ca Go Guarantee Terms" applicable at the time the purchase contract was concluded must be observed.
Important note: If inspection of the product shows that no defect is present, and the customer knew or negligently failed to recognise that no defect was present but that the cause of the issue complained of by the customer lies within their own area of responsibility, we reserve the right to demand reimbursement from the customer of the costs incurred by us in inspecting the alleged defect.
Our liability for defects is based, among other things, on the agreements reached regarding the nature and intended use of the product, as well as accessories and instructions (including assembly and installation instructions). Agreements within the meaning of the foregoing include all product descriptions and manufacturer information that form part of the individual contract or that were made publicly known by us (in particular in catalogues or at the factory) at the time the contract was concluded.
Warranty claims do not exist in the case of natural wear and tear, or in the case of damage arising after the passing of risk as a result of faulty or negligent handling, excessive strain, unsuitable operating materials and/or particular external influences, and/or which are not envisaged under the contract. The foregoing applies only insofar as Ca Go is not responsible for the defect.
If operating or maintenance instructions from Ca Go and/or the manufacturer (e.g. for suspension forks and gears) are not followed, if unauthorised alterations are made to the product, or if parts are replaced or consumables/spare parts used that do not correspond to the original specifications, and if the warranty case can be demonstrably attributed to one of the aforementioned exclusion grounds, Ca Go's liability for such defects shall lapse. The foregoing applies only insofar as Ca Go is not responsible for the defect.
If the delivered product is defective, the customer may choose whether to request subsequent performance by remedying the defect (hereinafter "repair") or by delivery of a defect-free item (hereinafter "replacement delivery"). This does not affect our right to refuse subsequent performance under the statutory conditions. In particular, we may refuse the type of subsequent performance chosen by a customer if it is only possible at disproportionate cost.
If subsequent performance fails, is unreasonable for the customer, or we refuse subsequent performance, the customer is entitled, in accordance with the statutory provisions, to withdraw from the purchase contract, reduce the purchase price, or claim damages or reimbursement of futile expenses. However, the special provisions of Clause 10 of these General Terms and Conditions apply to the customer's claims for damages.
The statutory warranty period is two (2) years for new products and one (1) year for used products from delivery. The warranty period does not apply to the customer's claims for damages arising from injury to life, body or health, or from intentional or grossly negligent breaches of duty by us or our legal representatives or vicarious agents, or in the case of fraudulent intent. Such claims are subject to the statutory limitation periods.
Important note: Ca Go does not provide a mobility guarantee. In particular, Ca Go does not guarantee the provision of a replacement bike, breakdown assistance, or a towing service in the event of a breakdown.
10. Liability
Ca Go is liable for damages under fault-based liability in cases of intent and gross negligence. In cases of ordinary negligence, Ca Go is liable, subject to statutory limitations of liability (e.g. duty of care in one's own affairs; immaterial breach of duty), only
a) for damages arising from injury to life, body or health, and
b) for damages arising from the breach of a material contractual obligation (i.e. an obligation whose fulfilment is essential to the proper performance of the contract in the first place and on whose observance the customer regularly relies and may rely, such as the obligation to hand over the purchased product); in this case, however, our liability is limited to compensation for foreseeable damage typical for this type of contract.
Otherwise, liability for damages is excluded.
The limitations of liability arising from paragraph 1 also apply to third parties and to breaches of duty by our legal representatives or vicarious agents. They do not apply insofar as we have fraudulently concealed a defect or assumed a guarantee for the quality of the product. Furthermore, the aforementioned limitations of liability do not apply to the customer's claims under the Product Liability Act.
11. Applicable Law
The contract existing between us and the customer is governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG), subject to mandatory provisions of private international law.
B. Privacy Information
Our privacy information can be found here.
Our privacy information for orders, repairs and support can be found here.