TERMS & 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 Gert Weißbach GMBH, Olbernhauer Straße 36, 09125 Chemnitz (hereinafter referred to as the "Provider"). The following General Terms and Conditions, in their version valid at the time of the order, exclusively apply to the business relationship between the Provider and the customer (hereinafter referred to as the “Customer”).

The Customer is a consumer if the purpose of the ordered deliveries and services is not primarily attributable to their commercial or independent professional activity.

2. Offers

The presentation of goods in the online shop does not yet constitute an offer to conclude a contract. You may select and configure goods from the Provider's range and collect them in an electronic shopping cart by clicking the “Add to Cart” button. By placing an order ("place binding order"), you submit an offer to conclude a contract with us. The offer can only be submitted if the Customer accepts these terms by ticking the checkbox stating “I have accepted the General Terms and Conditions,” thereby incorporating them into their offer.

You will then receive a message confirming receipt of the order and listing its details (Order Confirmation). This message is for informational purposes only and does not yet constitute acceptance of your offer. A purchase contract is only concluded when we confirm the shipment of the goods in a subsequent message (Shipping Confirmation). As a consumer, you have the right to withdraw from the contract in accordance with the cancellation policy outlined below.

The conclusion of the contract is subject to the correct and timely supply of goods from our suppliers. This only applies in cases where we are not responsible for the non-delivery, particularly if we can provide evidence of a congruent covering transaction with our supplier. If the ordered goods are no longer available from our suppliers, we will, where possible, offer you a product of equal quality, type, and price via phone or in writing. If you decline a replacement, any payments already made will be refunded immediately. If you do not receive a delivery or an explicit order confirmation within five days, you are no longer bound by your offer.

3. Storage of Contract Text
   The contract text and order data are stored by the Provider but are not permanently accessible online for security reasons. The order confirmation and shipping confirmation contain all essential order details as well as the other contract text. The Customer also has the option to print or save the General Terms and Conditions and all entered data during the ordering process using the browser's print or save function.

4. Delivery
   Unless otherwise specified, delivery will be made from the Provider’s location to the delivery address specified by the Customer via postal service. If no other delivery time is indicated for the respective goods, the average delivery times are provided in the overview: (LINK TO SHIPPING PAGE). If the goods selected by the Customer are temporarily unavailable, the Provider will promptly notify the Customer of this in the order confirmation. If the goods are permanently unavailable, the Provider will refrain from issuing an acceptance declaration. In such a case, no contract is concluded.

In the event of force majeure, the delivery time will be extended accordingly. Force majeure includes strikes, lockouts, non-delivery by subcontractors and suppliers, official interventions, and all other hindrances beyond our control. In such cases, we are entitled to withdraw from the customer contract, and any prepayments made by the Customer will be refunded immediately.

If a collection date has been agreed with the Customer and the Customer does not meet this date, we are entitled to withdraw from the contract if we have set a reasonable grace period of one (1) week for collection, and this period has expired unsuccessfully. The same applies if the Customer is in arrears with the payment of the purchase price.

If goods are delivered with obvious transport damages, please immediately report such defects to the delivery service and contact us as soon as possible: Email: office@weissbach-bikes.com. Failure to make a complaint or contact us will have no consequences for your legal warranty claims. However, it helps us assert our own claims against the carrier or transport insurance.

Weißbach Bikes are fully assembled and adjusted by qualified technicians at the factory. Some components are disassembled for transportation. As a result, the Customer must assemble these components after receiving the package.

5. Prices, Shipping Costs, and Transfer of Risk

All prices include the applicable statutory VAT.

Additional delivery or shipping costs to be paid by the Customer are stated separately in the product presentation.

In individual cases, additional taxes or charges (e.g., customs duties) may be incurred for deliveries outside of Germany. Payment for these charges is made to the responsible customs or tax authorities, not to the Provider.

6. Payment and Default

The Customer may pay by bank transfer or credit card through the payment provider Stripe.

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

The Provider is entitled to charge reminder fees for each reminder after default: €5.00 (including VAT) for the second reminder and €10.00 (including VAT) for the third reminder. The Customer retains the right to prove no or lower damages. Statutory default interest remains unaffected.

7. Right of Retention

The Customer is only entitled to a right of retention if the counterclaim is based on the same contractual relationship.

9. Liability

The Provider is fully liable for damages arising from injury to life, body, or health, or from the intentional or grossly negligent breach of essential contractual obligations, as well as for other damages caused by intentional or grossly negligent misconduct by the Provider. This applies even if such breaches were committed by a legal representative of the Provider or a vicarious agent. Essential contractual obligations are those necessary to achieve the purpose of the contract.

If essential contractual obligations are breached through simple negligence, the Provider is only liable for foreseeable damages typical of the contract unless the claims are for damages related to injury to life, body, or health.

The limitations of paragraphs 1 and 2 also apply in favor 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 do not apply if the Provider has fraudulently concealed a defect or has assumed a guarantee for the quality of an item. The same applies if the Provider and the Customer have made an agreement about the quality of an item.

In all other respects, the Provider excludes liability, including for consequential damages.

11. Consumer Right of Withdrawal and Cancellation Policy

11.1 Consumers generally have a statutory right of withdrawal in the case of distance contracts, as outlined below in the statutory cancellation notice. Exceptions to the right of withdrawal are regulated in Section 11.2. A sample cancellation form is provided in Section 11.3.

Cancellation Policy

Right of Withdrawal

“You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods. If the goods are delivered separately in one order, the withdrawal period is fourteen days from the day you or a third party named by you, who is not the carrier, took possession of the last good. In the case of delivery in multiple partial shipments, the withdrawal period starts when the last shipment or the last item is received.

To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post, email, or fax).

Contact Address:

Gert Weißbach GmbH
Olbernhauerstraße 36
09125 Chemnitz
Germany
Email: office@weissbach-bikes.com
Phone: +49 (0)371/278038-0