Terms of service

Table of contents

1. Scope of application 
2. Conclusion of contract
3. Right of withdrawal
4. Prices and payment terms
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Liability
9. Redemption of gift vouchers
10. Applicable law
11. Alternative dispute resolution

1) Scope of application
1.1 These General Terms and Conditions (hereinafter "GTC") of Andreas Bremerein, trading under "Goldensteelcycles" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") has with the Seller of the goods presented by the seller in his online shop. The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 These General Terms and Conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise stipulated.
1.3 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot primarily be attributed to their commercial or independent professional activity.
1.4 An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity

2) Conclusion of contract
2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to make a binding offer by the customer.
2.2 The customer can submit the offer using the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 The seller can accept the customer's offer within five days, - by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive, or - by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or - by requesting payment from the customer after placing the order. If several of the aforementioned alternatives exist, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends on the expiry of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.
2.5 When submitting an offer via the seller's online order form, the contract text is saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. email, fax or letter) after the order has been sent. The seller will not make the contract text accessible beyond this.
2.6 Before submitting the binding order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better identifying input errors can be the browser's zoom function, which helps to enlarge the display on the screen. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that completes the ordering process.
2.7 Different languages ​​are available for concluding the contract. The specific language selection is displayed in the online shop.
2.8 Order processing and contact are usually carried out via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Right of withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.
3.3 The right of withdrawal does not apply to consumers who are not members of a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

4) Prices and payment terms
4.1 Unless otherwise stated in the seller's product description, the prices stated are total prices. Sales tax is not charged because the seller is exempt from sales tax as a small business owner. Any additional delivery and shipping costs are stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the customer in the seller's online shop. 4.4 If advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If a payment method offered via the “PayPal” payment service is selected, payment is processed via PayPal, whereby PayPal can also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal where he makes advance payments to the customer (e.g. purchase on account or payment by installments), he assigns his payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the customer data transmitted. The seller reserves the right to refuse the customer the selected payment method in the event of a negative check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, the seller can only make payments to PayPal or the payment service provider commissioned by PayPal with a debt-discharging effect. However, even in the event of the assignment of claims, the seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipping, returns, complaints, declarations of revocation and remittance or credit notes.
4.6 If the payment method "SOFORT" is selected, payment processing is carried out via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an online banking account activated for participation in "SOFORT", identify themselves accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment transaction is carried out immediately afterwards by "SOFORT" and the customer's bank account is debited. The customer can find more information about the payment method "SOFORT" on the Internet at https://www.klarna.com/sofort/.
4.7 If you select a payment method offered via the "Shopify Payments" payment service, the payment will be processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to the customer in the seller's online shop. To process payments, Stripe may use other payment services for which special payment terms may apply, to which the customer may be informed separately. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.com/legal/terms-payments-de.

5) Delivery and shipping conditions
5.1 If the seller offers to ship the goods, delivery will be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive. Deviating from this, if the PayPal payment method is selected, the delivery address stored by the customer with PayPal at the time of payment is decisive.
5.2 For goods delivered by a freight forwarder, delivery is "free curbside", i.e. to the public curb closest to the delivery address, unless otherwise stated in the shipping information in the seller's online shop and unless otherwise agreed.
5.3 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs of delivery if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of cancellation, the provisions in the seller's cancellation policy apply to the return costs.
5.4 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally only passes when the goods are handed over to the customer or a person authorized to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the item to the forwarding agent, the freight carrier or the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the forwarding agent, the freight carrier or the person or institution otherwise designated to carry out the shipment to carry out the shipment and the seller has not previously named this person or institution to the customer.
5.5 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if the non-delivery is not the responsibility of the seller and the seller has concluded a specific hedging transaction with the supplier with the necessary care. The seller will make all reasonable efforts to procure the goods. In the event of the goods not being available or only partially available, the customer will be informed immediately and the consideration will be refunded immediately.
5.6 If the seller offers the goods for collection, the customer can collect the ordered goods at the address specified by the seller during the business hours specified by the seller. In this case, no shipping costs will be charged.
5.7 Vouchers are made available to the customer as follows: - by email

6) Retention of title
If the seller makes advance payments, he retains title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)
Unless otherwise stated in the following regulations, the provisions of statutory liability for defects apply. The following applies to contracts for the delivery of goods:
7.1 If the customer acts as an entrepreneur, - the seller has the choice of the type of subsequent performance; - for new goods, the limitation period for defects is one year from delivery of the goods; - for used goods, rights and claims due to defects are excluded; - the limitation period does not start again if a replacement delivery is made within the scope of liability for defects.
7.2 If the customer acts as a consumer, the following clause applies to contracts for the delivery of used goods with the restriction of the following clause: The limitation period for claims for defects is one year from delivery of the goods if this was expressly and separately agreed between the parties in the contract and the customer was specifically informed of the shortening of the limitation period before submitting his contractual declaration.
7.3 The liability limitations and deadline reductions regulated above do not apply - to the customer's claims for damages and reimbursement of expenses, - in the event that the seller has fraudulently concealed the defect, - to goods that have been used for a building in accordance with their usual use and have caused its defectiveness, - to any existing obligation of the seller to provide updates for digital products in the case of contracts for the delivery of goods with digital elements.
7.4 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claim remain unaffected.
7.5 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he is subject to the commercial obligation to inspect and give notice of defects in accordance with Section 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations regulated there, the goods are deemed to have been approved.
7.6 If the customer is acting as a consumer, he is requested to complain to the deliverer about goods that have obvious transport damage and to inform the seller of this. If the customer does not do this, this will have no effect on his legal or contractual claims for defects.

8) Liability
The seller is liable to the customer for all contractual, quasi-contractual and legal, including tortious claims for damages and reimbursement of expenses as follows:
8.1 The seller is liable without limitation for any legal reason - in the event of intent or gross negligence, - in the event of intentional or negligent injury to life, body or health, - due to a guarantee promise, unless otherwise regulated in this regard, - due to mandatory liability such as under the Product Liability Act.
8.2 If the seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical of the contract, unless unlimited liability applies in accordance with the above paragraph. Material contractual obligations are obligations that the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the customer can regularly rely.
8.3 Otherwise, the seller's liability is excluded.
8.4 The above liability provisions also apply with regard to the liability of the Seller for its vicarious agents and legal representatives.

9) Redemption of gift vouchers
9.1 Vouchers that can be purchased via the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated in the voucher.
9.2 Gift vouchers and remaining credit on gift vouchers can be redeemed until the end of the third year after the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiry date.
9.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
9.4 Only one gift voucher can be redeemed per order.
9.5 Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers.
9.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to pay the difference.
9.7 The balance of a gift voucher will not be paid out in cash and will not accrue interest.
9.8 The gift voucher is transferable. The seller can make a payment to the respective holder who redeems the gift voucher in the seller's online shop with a discharging effect. This does not apply if the seller has knowledge or grossly negligent ignorance of the respective holder's lack of entitlement, incapacity to act or lack of authority to represent.