Hereinafter referred to as the provider, the contract is concluded.
Right of withdrawal and customer service
The contractual partner has the right to withdraw his declaration of intent based on the conclusion of the contract within a period of fourteen days after receipt of the goods. The return to Cicli Berlinetta can be done without giving reasons. Sending the goods within the specified period is sufficient. If the right of return is exercised, the contractual partner must send the goods back if a shipment as a package is possible. Cicli Berlinetta must be contacted before returning.
The contractual partner bears the costs for the insured shipping of the goods. The contractual partner must pay compensation for any impairment of the goods through proper use. The contractual partner is subject to due diligence when checking the goods. The loss of value due to the use of the goods, which goes beyond a simple check and no longer makes the goods salable as “new”, is to be borne by the contractual partner.
As soon as the contractual partner makes use of the right of return, Cicli Berlinetta will reimburse the payments minus the freight costs within 10 days after the contractual partner has exercised the right of return. When returning damaged or used goods, Cicli Berlinetta expressly reserves the right to claim damages.
According to § 312 g Abs. 2 Nr.1 BGB there is no legal right of withdrawal for the purchase of goods which are made according to customer specifications and / or which are tailored to the personal needs of the contractual partner.
In the event of a return, Cicli Berlinetta must be notified:
You can reach our customer service at the following times: Cicli Berlinetta, Dustin Nordhus, Schönfließerstr. 19 10439, Berlin Opening times:
Mon-Sat 12:00 p.m. – 6:00 p.m.
Email: dustin [at] cicli-berlinetta [dot] de
Telephone: +49 (0) 30 9608 8323
The goods that are the subject of the contract remain the property of Cicli Berlinetta until full payment.
Guarantee & Warranty
Cicli Berlinetta undertakes to guarantee according to German law. In this case, guarantee means that Cicli Berlinetta is responsible for ensuring that the goods are free from material and legal defects when the purchase contract is concluded. The warranty period according to § 438 BGB is 24 months for new goods and 12 months for used goods.
In the case of warranty claims, the submission of an invoice as proof of the purchase date is necessary. The items for which warranty claims are to be made must be sent to Cicli Berlinetta along with a copy of the invoice. Cicli Berlinetta will first try at the discretion of the contractual partner to remedy the defects or to replace the damaged goods with defect-free goods. However, Cicli Berlinetta is entitled to refuse the type of rectification requested by the contractual partner and to select the alternative method of troubleshooting if the desired method would lead to disproportionate costs and the contractor does not experience any significant disadvantages due to the alternative method. In the event of a defect, Cicli Berlinetta has the right to two attempts to remedy the defect within 3 weeks after the contracting partner has made the defect known (Section 439 BGB right to subsequent performance).
If the attempt to remedy the defect remains unsuccessful, the contractual partner is entitled to demand a reduction in the purchase price or to withdraw from the contract. In the event of a minor defect, the contractual partner does not have the right to withdraw from the contract. In order to maintain the warranty claims, the contractual partner is obliged to examine the goods for defects immediately upon receipt. Cicli Berlinetta must be informed about transport damage or obvious defects within a week. Sending the notification within this period is sufficient.
The guarantee does not extend to normal wear and tear. If the instructions of the Cicli Berlinetta for proper care and maintenance are not followed, changes are made to the product or accessories are improperly installed, parts are replaced or care products are used that do not meet the high quality standards of the Cicli Berlinetta, the warranty claim will be declared invalid. Cicli Berlinetta gives no guarantee (i.e. guaranteed functionality of the goods or parts of the goods for a certain period of time) for any goods sold. The contractual partner is only granted a guarantee in the legal sense if this is expressly stated in writing by Cicli Berlinetta.
Disclaimer of liability.
This also applies to the agent’s representative and vicarious agent if the customer raises claims for damages against these. Claims for damages by the customer due to injury to life, limb, health or essential contractual obligations, which must be fulfilled in order to achieve the contractual objective, are excluded. Likewise, this does not apply to claims for damages after grossly negligent or willful breach of duty by the provider or his legal representative or vicarious agent.
Language, jurisdiction and applicable law
The contract is drawn up in English. The further implementation of the contractual relationship takes place in English. Only the law of the Federal Republic of Germany applies. This only applies to consumers insofar as it does not restrict the statutory provisions of the state in which the customer is domiciled or habitually resident. The place of jurisdiction for disputes with customers who are not consumers, legal entities under public law or special funds under public law is the location of the provider.
Severability clause
The ineffectiveness of a provision of these terms and conditions has no effect on the effectiveness of the other provisions.
