General Terms and Conditions

General Terms and Conditions for consumers in Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Monaco, Netherlands, North Macedonia, Norway, Poland, Portugal, Romania, Serbia, Slovakia, Slovenia, Spain, Sweden and Switzerland

 1. General

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.

2. Offers

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.

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”). As a consumer, you have a right of cancellation in accordance with the cancellation policy below.

The fulfilment of the contract is subject to correct and timely delivery by our suppliers. However, this shall only apply in the event that we are not responsible for the non-delivery, in particular if we can provide evidence of a congruent covering transaction with the supplier. If the ordered goods are no longer available from our suppliers, we will - if available - offer you a product of equivalent quality, type and price by telephone or in writing. Should you decide against a replacement delivery, any payments already made will be refunded immediately. If you have not received a delivery or an express order confirmation within five days, you are no longer bound by your contractual offer.

3. Storage of the contract text

The contract text and the order data are stored by the Provider 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.

4. Delivery

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/info/versand-lieferung/. 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.

6. Payment methods and delay

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.

Payment of the purchase price must be made within 14 days of conclusion of the contract.

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. 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 applicable statutory provisions. This does not affect the liability of the supplier in accordance with Section 9; a guarantee only exists if this was expressly stated in the order confirmation for the respective goods.

9. Liability

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.

If the breach of essential contractual obligations was caused by simple negligence, the provider shall only be liable for the foreseeable damage typical of the contract, unless the customer's claims for damages are based on injury to life, body or health.

The restrictions of paragraphs 1 and 2 also apply in favour of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.

The provisions of the Product Liability Act remain unaffected.

The limitations of liability resulting from paragraphs 1 and 2 do not apply if the supplier has fraudulently concealed a defect or has assumed a guarantee for the quality of an item. The same applies if the supplier and the customer have reached an agreement on the quality of an item.

The provider excludes all other liability, including for consequential damages.

10. Warranty

In addition to our statutory warranty obligations, 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.

a) The warranty covers all PROPAIN bicycle frames. However, frames of the bike classification “Downhill and Dirt” are excluded.

b) The voluntary warranty only applies to the first purchaser of the product and requires a copy of the original purchase receipt.

c) The warranty does not cover the paintwork or anodising of the frame, the bearings, any wearing parts, lubricants or the suspension struts.

d) The voluntary warranty does not apply to damage caused by improper use or use not in accordance with the intended use of the respective product as described on our website. In particular, these are, for example:

  • 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.

e) Compensation or reimbursement of transport or assembly costs are excluded. Furthermore, we will not bear additional costs due to a change of model in the meantime.

f) We reserve the right to repair the product or replace it with a successor product.

g) If the product needs to be replaced, we will replace it in the same colour according to availability, but reserve the right to replace it in a different colour if it is not available.

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). A sample cancellation form can be found in 11.3.

Right of Withdrawal for Consumers
Right of withdrawal for consumers

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).

Contact address:

Propain Bicycles GmbH Schachenstraße 15
88267 Vogt
Germany
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.

In order to comply with the revocation period, it is sufficient that you send the notice of the exercise of the revocation right before the expiry of the revocation 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 bear the direct costs of returning the goods.

They shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods which is not necessary for checking the nature, properties and functioning of the goods.

 

~ End of the cancellation policy ~

11.2 This right of cancellation does not apply to distance contracts for the delivery of goods which 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. This right of cancellation also does not apply to distance contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

11.3 Sample cancellation form

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

At Propain Bicycle GmbH, Schachenstraße 15, 88267 Vogt, Deutschland, E-Mail: [email protected]:

I/we (*) hereby cancel 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 if communicated on paper)

date

(*) Delete as appropriate.

12. information on data processing

Information on data protection can be found under the heading „Privacy policyat www.propain-bikes.com/eu.

13. Applicable law, final clause

In the event that the Client is a consumer and has his habitual residence in a member state of the European Union, our General Terms and Conditions and the legal relationship between the Client and Propain Bicycles shall be governed by the law of the Federal Republic of Germany, whereby mandatory provisions of the state in which the Client has his habitual residence shall remain unaffected.

Should any provision of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions.

 

As of January 2023

UK consumers

§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 purchase 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) Acceptance of the offer is also declared upon confirmation of receipt sent immediately by email 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 (eg 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.

§3 CUSTOMER INFORMATION: STORAGE OF YOUR ORDER DATA

Your order with details of the concluded contract (eg 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 along the way through the order process about further correction options. You can also completely end the ordering process at any time by closing the browser window.

§5 STATUTORY LIABILITY RIGHTS FOR DEFECTS

(1) 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.

§8 GUARANTEE

(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. 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, eg by putting on the formwork.