General Terms and Conditions
Sect. 1 Scope of validity, customer information
The following general terms and conditions (GTC) govern the contractual relationship between ax-lightness composites GmbH & Co KG and consumers who purchase goods in our shop BENObikes. The contract language is German.
Sect. 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 into the shopping cart. In the course of the order process you enter your data and desires concerning payment method, delivery modalities etc. Once you have entered your information and clicked the order button, you submit a binding offer to conclude a purchase contract. You can also submit a binding order by telephone.
(3) We are entitled to accept the offer made over the internet within 2 working days by sending a confirmation of order by e-mail. If the period in sentence 1 expires without acceptance, your offer is deemed to have lapsed, i.e. you are no longer bound to it. In a telephone order, the purchase contract is deemed valid if your offer is accepted by us immediately. If the offer is not accepted immediately, you are no longer bound to it.
Sect. 3 Customer information: Storage of the contractual text
Your order with details of the contract concluded (e.g. type of product, price, etc.) will be stored by us. We will send the GTC to you, but you can also access the GTC at any time via our website. As a registered customer you will have access to your past orders in the customer login area: My account.
Sect. 4 Customer information: Correction note
You can amend your entries at any time before submitting the order by using the delete key. We will keep you informed throughout the checkout process of further correction options. You can terminate the order process also at any time by closing of the browser window completely.
Sect. 5 Statute of limitations of your warranty
(1) The warranty
The warranty complies with the statutory provisions.
(2) Limitation of warranty rights due to defects (warranty) for the sale of used goods to customers
For your claims two (2) warranty periods are applicable after delivery of the goods.
The period of liability for defects is reduced from two years to one year.
The statutory limitation period of two (2) years shall apply to claims for defects arising within this liability period.
Excluded from this reduced warranty period are following claims: claims for damages, claims based on defects which we have fraudulently concealed, and claims arising from a guarantee which we have assumed for the quality of the goods.
For these excluded claims, the statutory limitation periods shall apply. In the event of an expressed warranty period, the longer period shall apply in favor of the warrantee (buyer).
Sect. 6 Limitation of liability
We exclude liability for minor negligence in breach of duty, provided such breaches do not involve essential contractual obligations, damages caused by death, bodily injury, impaired health or guarantees or affect claims under the Produkthaftungsgesetz (ProdHaftG, Product Liability Act). Same is valid for obligation injuries of our executing aides and our legal representatives. Belonged to the contract-substantial obligations in particular the obligation to hand over and for you the property to it provide to you the thing. Further we have to provide the thing for you freely from special and defective titles to.
Sect. 7 Consumer information: Non-participation in a dispute settlement procedure
We are neither willing nor obliged to participate in a dispute settlement procedure before a consumer complaint office (“Verbraucherschlichtungsstelle”)