The following terms and conditions apply exclusively to consumer transactions related to the purchase, assembly, and repair of bicycles. In all other respects, statutory provisions shall apply. Deviating agreements require express written confirmation.

1. In-Store Purchase (Ordering, Delivery, Payment)

We require payment in advance or a deposit (preferably via bank transfer) of 30-50% for reservations and orders. If you order bicycles from our range, we will inform you of the manufacturer’s approximate delivery period after we receive the order confirmation from them. Should the manufacturer fail to meet their delivery deadline, including a grace period of 28 days, we reserve the right to withdraw from the purchase contract or offer you a later delivery date. The remaining purchase price becomes due upon handover of the bicycle, or at the latest upon dispatch of the invoice. We cannot accept cash. We reserve the right to make changes to design and form, deviations in color shade, and changes to the scope of delivery on the part of the manufacturer/importer until delivery, provided the changes are reasonable for you. We will inform you of significant, recognizable changes in good time whenever possible.

2. Workshop (Assembly and Repairs)

For assembly and repairs, the expected material and labor costs are estimated and provided to you before the order is placed. If the scope of the cost estimate cannot be maintained, we will request your approval. If the scope of work for a repair changes compared to the original order, resulting in a significant delay, we will inform you of the new completion date and the reason for the delay. The estimated/approved labor cost becomes due upon collection (acceptance). Please test ride your bike upon collection. Inform us immediately of any defects. Should defects appear later, we only provide a warranty if the defect was objectively not recognizable, if we assumed a guarantee for a specific quality, or if the defect was maliciously concealed.

If we have service bikes / replacement bikes in stock, we will provide you with a bike for the duration of the repair (usually for a fee) upon request. The prerequisite is that you hold private liability insurance.

3. Ownership of the Bicycle – Assurance and Transfer of Power of Disposal

By handing over the bicycle for repair, you assure us that you are the owner of the same or are acting legitimately on their behalf. We reserve the right to exclude bicycles of doubtful origin from repair and to charge you for the costs of procurement (custody, transfer, disposal, and consultation). Should we have doubts, we will immediately ask you for proof of ownership. If you do not comply within 2 working days of the request, it will be presumed that the bike is not your property and the bike will be reported to the police as stolen.

4. Collection and Disposal in Case of Non-Collection

If you do not collect your bike within 8 working days after being requested to do so (collection notification), we reserve the right to charge you storage fees in the amount of €5.00 per day. Storage is at your own risk. Should your bike remain with us for longer than 2 months, we reserve the right to dispose of your bike in accordance with statutory regulations after prior written notice. We will offer your bike for sale in our shop or through third parties. Any profits achieved from the sale will be credited to your customer account.

5. Rental of Test Bicycles

Our offer to provide you with test bicycles and test vehicles for trial is subject to the condition that such vehicles are available at the time of rental and that you hold liability insurance that covers possible third-party damage. Furthermore, the conditions set out separately in the rental form apply. If you rent one of our bicycles or vehicles, you are obliged to comply with all traffic regulations during its use, to maintain road safety—especially when parking—and to properly secure it against theft, to inform us of accidents immediately and, if necessary, to notify the police.

6. Default of Payment

In the event of default of payment by the buyer, the seller may withdraw from the contract. If the seller has a claim for damages and takes back the goods, the repossession value corresponds to the usual sales value at the time of repossession, which, in the event of a dispute, will be determined by a sworn expert at the request and expense of the buyer.

8. Retention of Title, Offsetting, and Rights of Retention

We reserve ownership of the purchased item until full payment of the purchase price. You are only authorized to resell or use the purchased item as collateral after full payment of the purchase price. Furthermore, we reserve the right of lien according to §647 BGB until full settlement of the labor costs. The right of offsetting or retention can only be asserted if the counter-claim is undisputed or a legally binding title exists for it.

9. Statutory Warranty Rights

9.1 The statutory provisions for purchase and service contracts with consumers apply. Please observe the seller’s instructions upon handover, the enclosed operating instructions from the manufacturer, and the following:

Wear and tear in the sense of normal use is not a defect. In particular, damage attributable to any of the following behaviors is not a defect:

• – improper, unsuitable use or overloading,

• – non-professional installation or attachment of (unsuitable) parts,

• – continued use after a defect or deficiency has been identified.

If a defect appears 6 months after the goods have been handed over to you, you are obliged to prove that the purchased item had this defect at the time of handover. If you effectively withdraw from the purchase contract, we may demand compensation for expenses and use.

9.2 Restrictions regarding entrepreneurs

Towards entrepreneurs, only our own specifications and the manufacturer’s product descriptions included in the contract are considered an agreement on the quality of the goods; we assume no liability for public statements by the manufacturer or other advertising claims. For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk.

The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.

9.3 The initial inspection of our bicycles must take place after 300-500 kilometers traveled, or within the first six months after purchase. After 500 kilometers traveled or after 6 months, it is no longer considered an initial inspection (reduced price), but a normal annual inspection.

The respective manufacturer may provide different specifications. Without compliance with the initial inspection, individual warranty claims, particularly regarding the wheels, spokes, and brakes, may expire.

9.4 Regardless of the condition of the bike and the distance to our workshop location, bicycles must be brought to us for assessment, warranty inspection, and repair. We cannot provide a collection service.

10. Liability and Damages for Delay

Liability for damage caused by slight negligence is excluded. In the event of loss or damage, liability for items loosely connected to bicycles or parts that remain in the bicycle shop is only accepted in cases of intent or gross negligence. The limitations of liability do not apply to injury to body, life, and health. In all other respects, liability is limited to the breach of essential contractual obligations and such damage that was foreseeable and typical. In the event of delay, you may only demand compensation for damages in addition to delivery in cases of intent or gross negligence regarding the delay. We do not provide compensation for damages that would have occurred even without the delay.

11. Information on Disposal and Return of Batteries and Accumulators

In connection with the distribution of batteries or the delivery of devices containing batteries, we are obliged to point out the following: As an end user, you are legally obliged to return used batteries. You can return old batteries, which we carry or have carried in our range as new batteries, free of charge to us or to designated collection points. For online purchases, return to our shipping warehouse (shipping address) is possible at your expense.

The symbols shown on the batteries have the following meaning: The symbol of the crossed-out trash can means that the battery must not be disposed of in household waste.

• Pb = Battery contains more than 0.004 percent by mass of lead

• Cd = Battery contains more than 0.002 percent by mass of cadmium

• Hg = Battery contains more than 0.0005 percent by mass of mercury

13. Instructions for Using Our Vouchers

13.1 Terms of Redemption:

• Our vouchers can only be redeemed at the Cologne store

• Not redeemable for discounted goods

• Redeemable only once

• Cannot be combined with other promotions

13.2 Period of Validity

• 3 years from the end of the year of issue (§ 195 BGB)

13.3 Remaining Balance Policy

• Unused remaining balance after redemption expires automatically

13.4 No cash payout possible

14. Privacy Policy

In accordance with § 33 BDSG, we process all personal data collected within the framework of the contractual relationship electronically. Should you wish for information regarding this or the deletion or blocking of your data, please contact hallo[at]mycargobike.koen. In the event of administrative offense or criminal proceedings—in the case of accidents and failure to report—we are entitled to pass on your information, in particular surname, first name, and address, to authorities to the extent required, provided these are formally requested.