The following general terms and conditions govern the contractual relationship between Propain Bicycles GmbH and consumers who purchase goods through our shop. The contract language is German.
(1) The offers on the Internet represent a non-binding invitation to you to buy goods.
(2) You can add one or more products to your shopping cart. During the order process you enter your data and wishes regarding payment method, delivery modalities etc.. Only by clicking on the order button do you make a binding offer to conclude a purchase contract.
(3) With the confirmation of receipt sent immediately by e-mail, the acceptance of the offer is also declared and the purchase contract is concluded at the same time.
Your order with details of the concluded contract (e.g. type of product, price etc.) will be stored by us. However, you do not have access to your past orders via the Internet. We will send you the GTC, but you can also access them at any time via our website. If you would like to save the product description on our shop page for your own purposes, you can take a screenshot (= screen photography) or alternatively print the entire page at the time of ordering.
You can correct your entries at any time before placing your order by pressing the delete button. We will inform you on the way through the order process about further correction possibilities. You can also completely end the ordering process at any time by closing the browser window.
(1) Rights of liability for defects
For our goods there are legal rights of liability for defects.
(2) Statute of limitations
Your claims for defects in used goods become statute-barred one year after delivery of the sold goods to you. Excluded from this provision are claims for damages, claims for defects which we maliciously concealed and claims from a guarantee which we have assumed for the condition of the goods. The statutory limitation periods shall apply to these excluded claims.
We exclude liability for slightly negligent breaches of duty, insofar as these do not concern material contractual obligations, damages from injury to life, body or health, guarantees or claims under the Product Liability Act. The same applies to breaches of duty by our vicarious agents and our legal representatives. The duties essential to the contract include in particular the duty to hand over the item to you and to obtain ownership of it for you. Furthermore, we shall provide you with the goods free of material defects and defects of title.
If the object of purchase is sold by the buyer to a third person (secondary buyer), the warranty claims cannot be assigned to the secondary buyer.
(1) Beyond the legal warranty obligation, we voluntarily grant an additional warranty of 3 years for aluminium frames and 5 years for carbon frames from the date of sale on our bicycle frames (from model year 2016).
(2) The following conditions apply to the guarantee voluntarily granted by us. This shall not affect the statutory warranty.
a) The warranty covers all PROPAIN bicycle frames. However, this does not apply to the bike classification “downhill and dirt”.
b) The voluntary guarantee is only valid for the first purchaser of the product and requires a copy of the original purchase receipt.
c) Excluded from the guarantee are the painting or anodising of the frame, the bearings, any wearing parts, lubricants and the suspension struts.
d) The warranty does not apply to damage caused by improper use or improper use in accordance with the purpose of use for the respective product as described on our website. In particular, for example:
– neglect of the product (insufficient care and maintenance)
– Changes to the frame or fork (including engravings or paintwork)
– Installation and conversion of additional components not expressly approved by us or replacement of the components installed by us with components of a different type upon delivery
– Use of a bike without “bike park release” in the bike park
– Permanent use of the bicycle with defective, poorly adjusted or worn bearings and spring elements
– Use of the product with a seat post pulled out beyond the minimum insertion depth
– Overstress caused by jumps, falls or other types of stress
– Bent or torn shift eyes (attachment point of the rear derailleur) can take effect, e.g. by putting on the formwork.
The online shop is operated by Propain Bicycles GmbH, Schachenstraße 15, 88267 Vogt, Germany (“Provider” or “us” or “we”). The business relationship between the Provider and the Customer (“Customer” or “you” or “your”) is governed exclusively by the following terms and conditions (“Terms and Conditions”) in the version valid at the time of the order.
The Customer will be regarded as a “consumer” for legal purposes if they are an individual acting outside their trade, business or profession.
The presentation of the goods in the online shop is not an offer by the Provider to conclude a legal contract. You can select goods from the Provider’s range, configure them and collect them in the electronic shopping cart via the “Shopping Cart” button. By submitting your order you are making an offer to the us to conclude a legal contract. Before submitting the order, you can change and view the data at any time, which also gives you the opportunity to make any changes to the order.
Please note: the order can only be submitted and transmitted to us if you have accepted these Terms and Conditions by ticking the box labelled “I have accepted the General Terms and Conditions.” and these then form the terms of the contract between you and us for the purchase of the goods.
You will then receive a message confirming receipt of the order and listing its details (“Order Confirmation”). This message only serves to inform you about the receipt and the content of the order and does not constitute an acceptance of your offer by us. The contract is only formed between you and us when we confirm the dispatch of the goods in a further message (“Dispatch Confirmation”)).
Please note: If you are a consumer, you have the to change your mind and to cancel your order in accordance with the cancellation policy below.
The performance of the contract by us is subject to correct and timely delivery of components by suppliers. We are not responsible for the unavailability and subsequent non-delivery of goods if we can provide evidence that we used reasonable endeavours to obtain the goods from our suppliers. If the ordered goods are no longer available from our suppliers, we will (subject to availability) offer you a product of equivalent quality, type and price by telephone or in writing (including email). Should you decide against a replacement goods, any payments already made by you will be refunded immediately.
3 Storage of the contract text
The contract text and the order data are stored by the supplier but cannot be retrieved online upon request by the Customer for security reasons. The Order Confirmation and Dispatch Confirmation contain all essential order data as well as the other contract text. The Customer also has the option of printing out the General Terms and Conditions as well as all data entered during the ordering process via the browser’s print function or saving them via the browser’s save function. If the Customer creates an account, rather than checking out as a guest, they may also be able to view the order status and details on the website, but we cannot guarantee the availability of this information.
Unless otherwise stated, delivery shall be made via courier from our registered office to the delivery address specified by the Customer in their order. Insofar as no other delivery period is specified for the respective goods, the average delivery times result from the overview at https://www.propain-bikes.com/en/info/shipping_delivery/. If the goods selected by the Customer are temporarily unavailable, then we will inform the Customer of this in the Order Confirmation. If the goods are permanently unavailable, no Dispatch Confirmation will be issued. In this case, a contract is not formed and payment will be refunded within 31 days of us informing the Customer that the goods are permanently unavailable.
If the delivery is affected by an event beyond our reasonable control, the time for delivery of the goods shall be extended accordingly. Things which are beyond our reasonable control include: Strikes, lockouts, failure of delivery by subcontractors and suppliers, official interventions (governments and regulators for example) as well as all other hindrances. In this exceptional case, we are entitled to withdraw from the contract with you and we will immediately refund advance payments made by the Customer.
If a collection date has been agreed with the Customer and the Customer does not keep the date, we shall be entitled to withdraw from the contract if we have set the Customer a reasonable period of one (1) week for collection and this has expired without the Customer collecting the goods.
If the Customer uses the ‘Advance Payment’ (in clause 6) option when ordering the goods to transfer directly to our bank account following completion of the ordering process, we are under no obligation to begin works on the goods until payment has been received by us.
If goods are delivered with obvious transport damage, please complain about such defects immediately to the delivery company and contact us as soon as possible: Email: [email protected]. Failure to make a complaint or contact us will affect your statutory rights. However, this will help us to be able to assert our own claims against the carrier or under our transport insurance.
Propain bikes are fully assembled and adjusted at the factory by qualified technicians. Certain components (wheels, seat posts, pedals, handlebars) are disassembled for transport. Consequently, after receiving the package, the Customer must assemble and fix them on the bike using the information and tools provided, as well as the videos we provide in part on our website or, if necessary, by telephone support from “Propain Self Service and Support”.
5 Prices, shipping costs and transfer of risk
All prices include the respective legally valid value added tax.
Any delivery or shipping costs to be paid in addition to the purchase price shall be borne by the Customer. These costs will be displayed alongside the presentation of the goods on the website and during the ordering process.
For deliveries outside Germany, further taxes or duties (for example, customs duties) may be apply. In these circumstances, the price for the goods paid to us will be inclusive of all taxes and duties.
Title and risk in the goods pass to you on delivery of the goods to you.
6 Payment methods and delay
Payment must be made to us in advance of the goods being built.
The Customer can make the payment upfront by bank transfer, via PayPal, credit card, Klarna, Giropay or EPS or at a later date if they select the ‘Advance Payment’ option.
Where the Advance Payment option is selected, we will send the Customer our bank details for payment to be made together with the Order Confirmation. Payment of the purchase price must be made within 14 days after issue of the Order Confirmation. If payment is not made within 14 days, we reserve the right to cancel your order.
The Provider is entitled to charge reminder fees for each reminder after the occurrence of default: for the second reminder fees of € 5.00 (incl. VAT), for the third reminder fees of € 10.00 (incl. VAT). We may also charge interest on arrears in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
7 Right of retention
In the event of a dispute the Customer may be entitled to a right of retention of the goods if their claim is based on the same contractual relationship in respect of the purchase of those goods.
8 Warranty for material defects, guarantee
The supplier is liable for material defects in accordance with the law at the time the Dispatch Confirmation is issued. The liability of the supplier according to clause 9 remains unaffected.
The Provider shall be liable without limitation for claims for damages by the Customer arising from personal injury or death caused by the negligence or intentional acts of the supplier or from a material breach or the terms of the contract by the Provider. This also applies insofar as the aforementioned violations were committed by a legal representative of the Provider or an appointed agent. Material contractual obligations are those whose fulfilment is necessary to achieve the purpose of the contract.
Your rights under the provisions of the Consumer Protection Act 1987 shall remain unaffected. Under this Act, there is a no-fault liability scheme in respect of defective goods which have caused personal injury or damage to private property. This means that if you are injured by defective products, you may seek for compensation without having to prove that we were negligent. You must still prove that the product was defective, and that any injury or damage was most likely caused by the goods.
Subject always to the paragraph above (and the other provisions of this paragraph 9) in respect of non-personal injury (including death) claims, in respect of non-personal injury claims for damages, in respect of a material breach of contract by the Provider, the Provider shall only be liable for the reasonably foreseeable damage typical for the contract.
Where the claim relates to damage to property such as items of clothing caused by faulty goods, the Customer must prove that the faulty goods caused the damage. The Customer is obliged to evidence such a claim, including but not limited to, by sending the damaged property to us for inspection of the damage. After completion of the inspection by us, we shall return the damaged goods to the Customer at our own expense. We have the discretion to compensate the Customer in any way in which we reasonably see fit.
The limitations above, to the extent permitted by law, also apply in favour of the legal representatives and agents of the Provider, when acting for the Provider, if claims are asserted directly against them.
The limitations of liability resulting from this clause 9 do not apply insofar as the supplier has acted fraudulently or has assumed a guarantee for the quality of the goods. The same applies insofar as the supplier and the Customer have reached an agreement on the quality of the goods at the time of completing the ordering process. Prior to us issuing the Order Confirmation, any changes to the terms of the contract must be agreed between us in writing.
In all other respects, the supplier excludes its liability, this also applies to damages and losses arising from you using the goods for your trade, business, craft or profession or professional purposes loss of profit.
10 Voluntary Warranty
In addition to our statutory warranty obligations (for example see clause 9), we provide an additional warranty of 3 years from the date of sale on our bicycle frames (from model year 2016).
The following conditions apply to the warranty voluntarily granted by us. The statutory warranty remains unaffected.
– Neglect of the product (insufficient care and maintenance)
– Modifications to the frame or fork (including engravings or paintwork)
– Adding or modifying additional components not expressly approved by us or replacing the components installed by us upon delivery with components that are not of the same kind
– Use of a bicycle without “bike park approval” in the bike park
– Continuous use of the bicycle with defective, badly adjusted or worn out bearings and suspension elements.
– Use of the product with the seat post pulled out beyond the minimum insertion depth.
– Overstressing due to jumps, falls or other causes.
– Bent or torn derailleur hangers (attachment point of the rear derailleur) require impact, e.g. by placing the rear derailleur on a stone or similar, and therefore do not constitute a warranty claim.
11 Your right to change your mind and withdraw (Cancellation Policy)
11.1 For most of our products bought online, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it. This is subject to some conditions, as set out below (see paragraph 11.2)
Right of withdrawal
You have the right to cancel the contract within fourteen days without giving any reason on the terms set out below.
The revocation period is fourteen days from the day on which you (or a third party named by you, who is not the carrier) has or has taken possession of the goods. If the goods are delivered separately as part of a single order, the cancellation period shall be fourteen days from the day on which you (or a third party named by you, who is not the carrier) have taken or has taken possession of the last goods. If goods are delivered in several partial consignments, the date of taking possession of the last partial consignment or the last piece is decisive.
To exercise your right of withdrawal, you must inform us of your decision to withdraw from the contract by means of a clear declaration (for example, a letter sent by registered post or e-mail). It is preferable (but not obligatory to send us an email as this avoids delays and the message will not go astray).
Propain Bicycles GmbH
E-mail: [email protected]
Phone: +49 (0)7529 / 468 868 0
You can use the model withdrawal form set out below for this purpose, which is, however, not mandatory.
It is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you withdraw from the contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from the contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You must bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
11.2 No right to change your mind
This right of withdrawal does not apply to on-line purchases of Propain bikes that are made to your specification or are, to a significant degree, personalized to your requirements.
11.3 Model cancellation form
(If you wish to cancel the contract, please complete and return this form).
– To Propain Bicycle GmbH, Schachenstraße 39, 88267 Vogt, Germany, e-mail: [email protected]:
-I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*).
– Ordered on (*)/received on (*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only in case of paper communication)
(*) Insert details and delete where inapplicable.
12 Notes on data processing
13 Applicable law, final clause
These Terms and Conditions are governed by the laws of England and Wales. Wherever you live in the UK you can bring claims against us in the courts throughout the UK. We can claim against you in the courts of the UK.
Should any provision of these Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions.