§1 SCOPE OF APPLICATION, CUSTOMER INFORMATION
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.
§2 CONCLUSION OF CONTRACT
(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.
§3 CUSTOMER INFORMATION: STORAGE OF YOUR ORDER DATA
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.
§4 CUSTOMER INFORMATION: CORRECTION NOTICE
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.
§5 STATUTORY LIABILITY RIGHTS FOR DEFECTS
(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.
§6 LIMITATION OF LIABILITY
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.
§7 EXCLUSION OF THE ASSIGNMENT OF WARRANTY CLAIMS
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.