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Terms & Conditions

Terms & Conditions

1. Scope

Only the following General Terms and Conditions as amended at the time of the purchase order apply to the business relation between you and BARABIKE.

2. Partners to the contract

BARABIKE is operated by:

BARABIKE Krystian Bara
Schlosstrasse 18
17328 Penkun

Germany

E-mail: info at barabike.com

3. Conclusion of the contract

By your purchase order, you submit a binding offer to conclude a contract, to BARABIKE . The purchase contract is caused by BARABIKE accepting your purchase offer by the dispatch of the good. The automatic confirmation e-mail after the receipt of the purchase order does not constitute an acceptance by BARABIKE . It only confirms that BARABIKE received your offer to purchase.

The text of the contract is stored. The automatic confirmation e-mail after the receipt of the purchase order contains the purchase order data. At any time you are able to visualise or download BARABIKE 's General Terms and Conditions on this site.

4. Instruction on your right to cancel

Instructions on cancellation

Right to cancel

You are entitled to cancel your offer to conclude a contract within 14 days, with no necessity to state reasons, in text form (e.g. by letter, fax, e-mail), or - if the good is handed over to you before the expiry of the period - by returning the good. This period starts on receipt of these instructions in text form. The on-time dispatch of the cancellation or good respectively will do to comply with the period for cancellation. The cancellation has to be addressed to (Address where also court documents can be served to):

BARABIKE
Schlosstrasse 18
17328 Penkun

Germany

E-Mail: info at barabike.com

Consequences of cancellation

In case of a valid cancellation, the bilaterally received performances have to be returned, as are any possible benefits (e.g. interest). If you are not able to return the performance received from BARABIKE at all or not completely or only in a worsened condition, you may have to compensate BARABIKE to this extent. For surrender of goods this shall not apply if the worsening of the good is exclusively based on a check that you would be able to make in a shop, for example. Moreover, you may prevent your obligation to compensate the value by not using the good as an owner would use it and by omitting everything that affects its value.

Goods that can be sent as a parcel have to be returned at our risk. You have to bear the cost of the return, if the good supplied is in conformity with the ordered one and if the price of the returned good does not exceed the amount of 40 EUR or, in case of a higher price, if you have not yet performed the consideration or a contractually agreed part payment at time of the cancellation. Otherwise, the return is free of charge for you. Any goods that cannot be sent as a parcel will be collected at your place, by BARABIKE. Obligations to refund payments have to be fulfilled within 30 days. For you this period starts with the dispatch of the cancellation or good respectively. For us the period starts with the receive of the good.

Financed transactions

If you have financed the contract by means of a loan and you cancel the financed contract, then you are also no longer bound by the loan contract if both contracts form an economic unit. This must be assumed in particular in those cases when we are simultaneously the lender or the lender cooperates with us to fund the loan. If we have already received the loan upon the cancellation becoming effective or the return of the good, in relation to you, your lender takes over our rights and responsibilities of the financed contract concerning the legal consequences of the cancellation or the return of the good. The latter will not apply if the contract concerns the acquisition of financial instruments (e.g. stocks, foreign exchange or derivatives). To avoid a contractual obligation as extensively as possible, cancel both contractual statements.

End of instructions on cancellation

 

5. Delivery, later delivery

If not otherwise agreed, the delivery will be made to the delivery address you indicated. Any statements about the term of delivery are unbinding unless the date of delivery is stated bindingly in exceptional cases.

In individual cases, BARABIKE offers you that a product not available at this time will be sent to you on a later date, as soon as available (later delivery). You will not pay any further shipping cost or fees for cash on delivery for later deliveries.

6. Exchange

BARABIKE is not obligated to exchange faultless goods. BARABIKE will normally comply with your request to exchange, as far as it is possible. BARABIKE shall be entitled to claim shipping cost for the shipment of the exchanged good. Your right to cancel (compare §4) is not limited or excluded in any way by this provision.

7. Payment

If you are a buyer from Germany you can pay BARABIKE, electronic direct debiting, credit card (American Express, Mastercard, Visa), advance payment or on account. BARABIKE is entitled to refuse electronic direct debiting or payment on account for individual customers or individual orders. We ask our customers from abroad to pay by credit card or advance payment only.

Payment by credit card and direct debiting will only be triggered off when the good is dispatched.

If paying by advance payment, you will transfer the money directly into our bank account in advance. Please keep in mind that you have to borne bank fees which might be charged with advance payments from abroad. BARABIKE has to receive the total invoice amount.

 

8. Set-off, right of retention

You shall only be entitled to offset if your counterclaims are res judicata or acknowledged by BARABIKE . In addition, you shall only be entitled to exercise your right of retention if your counterclaim is based on the same contractual relation.

9. Retention of title

The good remains the property of BARABIKE until full payment.

10. Warranty for defects and liability

The statutory warranty conditions shall apply. The warranty period is 2 years and commences on handing over the good. Your warranty claims are limited to subsequent compliance (removal of defects or replacement) in the first place.

Unless otherwise stated below, any further claims are excluded, irrespective of which cause in law. BARABIKE therefore shall not be liable for losses not incurred at the supplied good itself. Notably, BARABIKE shall not be liable for lost profit or other economic loss. To the extent to which the liability of BARABIKE is excluded or limited, this shall also apply for the personal liability of employees, agents and vicarious agents.

The above limitation of liability shall not apply if the cause for the loss is based on intent or gross negligence or if injury of life, body, or health is involved. Furthermore, the limitation of liability shall not apply at breach of a significant contractual duty.

11. Data protection and data security

Your personal data, such as credit card number, postal code, bank account number, name, and address entered in the scope of the purchase order will be encoded and therefore secured against unauthorized access on the Internet.

By placing the purchase order, you declare to agree that BARABIKE stores, processes, and uses in the scope of the customer relation your personal data contained in the purchase order.

For more information concerning the protection of your personal data please see BARABIKE 's Privacy Policy.