General business terms and conditions for pre-order of Ca Go cargobike (model year 2020)
Ca Go Bike GmbH
Am Autobahnkreuz 7
(“Ca Go” or “We”)
The outlined general business terms and conditions for pre-ordering the Ca Go e-cargobike (model year 2020) (subsequently referenced as “general terms and conditions”) apply to all preorders of the Ca Go e-cargobike (model year 2020) (subsequently referenced as “preorder”) by Ca Go Bike GmbH, Am Autobahnkreuz 7, 56072 Koblenz, Deutschland (Telefonnummer: +49 (0) 261 89999875, E-Mail: email@example.com)
1. Placing a preorder
- The description of preorder options on our website does not imply the availability of said options, but rather constitutes the suggestion to place a preorder inquiry. In the event that a preorder is placed through our website, a contract is entered in the event that you
(i) complete the order process through our website, confirm the order by selecting the option, “Place preorder by submitting down payment,”
(ii) we explicitly confirm your preorder through email, and you
(iii) submit the down payment in the amount of 200 EUR (the “ down payment”) by means of your chosen form of payment.
- We will promptly confirm receipt of your preorder. Please note that the confirmation of receipt does not imply that a preorder has been placed if the email does not explicitly state otherwise.
- We will send you a copy of our general business terms and conditions via email for your records. We will not keep a copy of the contract on file for you.
- For preorders placed through other platforms the preorder contract will be entered into based on the legal requirements that govern offer and acceptance.
2. Subject of contract
- The subject of the preorder—as indicated in the perorder—is the reservation of a Ca Go e-cargobike (model year 2020). The preorder conveys the right to enter into a purchase contract to acquire a Ca Go e-cargobike before it will be made available to the general public and in accordance with (3) below; the down payment will be deducted from the purchase price. In addition, the preorder (if placed prior to January 31, 2020, or pending availability) entitles you to a CargoBox lid free of charge (the “Limited Pre-Order Package”).
- The preorder does not entitle you to receipt of a Ca Go e-cargobike (model year 2020).
- The preorder serves the exclusive purpose of entering into a purchase agreement for the Ca Go e-cargobike (model year 2020) referenced in the preorder. A refund of the down payment can only be issued in the event of cancelation, as indicated under (6) or (7).
3. Entering into a Purchase Contract
- At a suitable point in time after the preorder period we will offer you the Ca Go e-cargobike (model year 2020) for purchase according to the conditions listed under (2.1) prior to September 30, 2020. To avoid any potential confusion: after September 30, 2020, you have no legal claim to the Limited Pre-Order Package.
- To execute the purchase contract, you will receive an email at the email address provided during the preorder process. The email will contain a link to our webshop where you will be able to place your order two weeks before the general public. Preorders will be processed on a first come first serve basis. To avoid any potential confusion: Once the webshop opens to the general public, orders from the general public will be processed on an equal first come first serve basis.
- We will promptly confirm receipt of your preorder via email. For purposes of clarification, we point out that an email confirming receipt does not confirm order acceptance unless explicitly stated therein. Our general business terms and conditions—which can be reviewed on our website at any point in time– apply to contract execution and implementation.
4. Prices, Taxes and Exports
- The prices listed on our website are inclusive of the legally required German value-added tax (VAT) as well as other legally required excise taxes. In the event that you intend to export the Ca Go e-cargobike (model year 2020) within or outside of the EU, you are responsible for payment of all applicable duties, tariffs, taxes and fees. Upon leaving Germany the German VAT can be reimbursed by German customs authorities.
- In the event that we offer the option to deliver to a location outside of Germany, excise taxes may vary. We will adjust the purchase contract to reflect the resulting purchase price, and will refund the difference in the event that the new purchase price is lower.
5. Payment Methods and Conditions
- The down payment for the preorder is due upon completion of the preorder process. We offer the following payment options:
Direct debit (within the Single Euro Payments Area(SEPA))
Bank transfer (SEPA)
- Upon completion of the purchase contract additional forms of payment may be accepted at our discretion.
6. Right to Cancel and what to expect as a result of cancelation of contract
- You have the right to cancel your preorder by September 30, 2020 without the obligation to provide a reason for your cancelation. Upon execution of the purchase contract for the Ca Go e-cargobike (model year 2020) according to (4), the right to cancel lapses.
- In order to exercise your right to cancel, you need to communicate your decision to cancel to us, Ca Go Bike GmbH, Am Autobahnkreuz 7, 56072 Koblenz, Deutschland, E-Mail: firstname.lastname@example.org, by means of a posted letter, fax or email that clearly states your intent.
- For the purposes of ensuring that a cancelation occurs within the cancelation period, it suffices for the communication notifying us to have been sent within the cancelation period.
- In the event that you decide to cancel your preorder your down payment will refunded promptly, and no later than fourteen (14) days upon receipt of the cancelation notice. Within the Single Euro Payments Area (SEPA) your refund will be issued to the international bank account number (IBAN) you provided via bank transfer. The cancelation terminates all rights that are part of the contract.
- The purchase of a Ca Go e-cargobike is only subject to a legal right to cancel if the purchase contract was executed according to (4) and no optional equipment was ordered by the customer. (6.1) and (6.2) apply to the right to cancel. Furthermore, the cancelation period is 14 days starting on the day you or a third party assigned by you (not a logistics or shipping provider) has taken possession of the merchandise. In the event that a customer invokes the cancelation policy, we have the right to withhold your refund until we receive the returned Ca Go e-cargobike (model year 2020) or until we receive confirmation that the merchandise has been shipped to us; whichever occurs first.
- You are under the obligation to return the merchandise without delay and within 14 days from the date on which you notify us of your intent to invoke your right to cancel. If the merchandise is shipped to the distribution partner within the 14-day period you are considered to be in compliance with the requirements of the cancelation policy.
8. Cancelation after Cancelation Period
- You are entitled to withdraw from the preorder agreement after expiration of the cancelation period according to (6) if you have decided that you will not execute the sales contract according to (3); there is a cancelation right associated with the purchase contract (see 6.3), and you have exercised said right within the specified timeframe; a legal right to withdraw from the purchase contract exists, or was negotiated during the execution of the purchase contract and you have announced your intent to withdraw, for example, due to a failure to remedy material defects to the merchandise; or in the event that the purchase contract is void or may become void for other reasons.
- In order to exercise your right to withdraw, you need to communicate your decision to cancel to us, Ca Go Bike GmbH, Am Autobahnkreuz 7, 56072 Koblenz, Deutschland, E-Mail: email@example.com, by means of a posted letter, fax or email that clearly states your intent to withdraw. You can combine your preorder cancelation with a cancelation of or withdrawal from the purchase contract according to (7.1). In the event of a cancelation your downpayment will be refunded.
- Within the Single Euro Payments Area (SEPA) your refund will be issued to the international bank account number (IBAN) you provided via bank transfer. Otherwise the refund will be issued by means of the same payment method used during the original transaction, unless an explicit differing arrangement has been made between the parties. In no event will you be billed for the refund. Withdrawal from the contract voids all rights specified in this agreement.
- According to the law, we are liable for (i) damages resulting from an injury to life, body or health which are caused by the intentional or negligent dereliction of duty on the side of the enterprise or its legal representatives and/or agents, and (ii) other damages that result from an intentional or grossly negligent dereliction of duty by Ca Go or its legal representatives and/or agents.
- Insofar as we are manufacturers or are considered such, we are also liable under the determination of the product liability law or other applications of the guideline 85/374/EWG from July 25, 1985, which specifies the objective to implement similar legal and administrative regulations for all member states regarding the liability for material defects in international law. The liability specified in 8.1, 8.3 and 8.4 are unaffected by this.
- If we have agreed to provide a warrantee or risk liability, we assume liability as outlined in that agreement; otherwise we comply with the law.
- This does not affect our liability outlined in (8.1), (8.3) and (8.4).
- We and our legal representatives and agents are also liable for damages that occur as a result of negligence pertaining to a contractual obligation which is a requirement for the appropriate execution of the contract and which the parties to the contract can reasonably expect to be fulfilled (e.g., material obligation). In this case, the liability is limited to damages that were foreseeable and typical within the scope of the scope of the contract at the time the contract was executed unless (8.1) to (8.3) result in a higher liability.
- In all other cases, we do not assume any liability regardless what the legal basis of the claim may be.
- The exclusion of liability according to (8) applies to all legal representatives, bodies and employees of Ca Go Bike GmbH.
9. Settlement; Assignment; Translations
- The option to offset a portion of or the entire monetary obligation with an obligation we owe you can only be exercised if both obligations arise out of the same contractual agreement, or if we are not contesting said obligation, and said obligation was not determined to exist through legal proceedings or is currently pending court decision.
- You may only withhold funds that are owed to us if an offsetting obligation arises out of the same contractual agreement.
- You may not assign, sell or otherwise convey this agreement to a third party without obtaining written consent from us beforehand. If you are a merchant as defined in §1 of the Handelsgesetzbuch (HGB), § 354a HGB remains unaffected.
- We are entitled to translate these general business terms and conditions into other languages at our discretion. In that event, only the general business terms and conditions in the language version in which the order was completed are considered binding .
10. Applicable law; Place of jurisdiction and alternative dispute resolution
- This legal contractual relationship is subject to the substantive law of the Federal Republic of Germany. The United Nations convention on Contracts for the international sale of goods (CISG) does not apply.
- If you meet the legal definition of a consumer, the rights to which you are entitled based on your place of residence and which cannot be excluded on the basis of the contract are unaffected.
- In the event that you do not meet the legal definition of a consumer, any disputes resulting from or arising in the context of the contract or these general business terms and conditions will be settled by the courts in Berlin. We retain the legal right to raise legal demands against you at the responsible court .
- The European Commission offers consumers a platform for the online resolution of disputes (OS) in accordance with Art. 14 Abs. 1 1 of (EU) Nr. 524/2013.
- Beyond that, we are neither obliged nor willing to participate in a dispute resolution process administered by a consumer protection agency as defined in the consumer protection law (VSBG).
Alternative dispute resolution in accordance with Art. 14 Abs. 1 ODR-VO and § 36 VSBG:
The European Commission offers consumers a platform for the online resolution of disputes (OS) at https://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in a dispute resolution process administered by a consumer protection agency as defined in the consumer protection law.
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit, die du unter https://ec.europa.eu/consumers/odr findest. Zur Teilnahme an einem Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle sind wir nicht verpflichtet und nicht bereit.