Lax Cycles | Allgemeine Geschäftsbedingungen

Terms and Conditions

These terms and conditions

(1) This website (www.laxcycles.com) and/or the services, including all associated mobile applications (together: the "Services") and all offers and sales of products ("Products") via the Site, is owned and operated by Lax Cycles (hereinafter also: "we", "us" and "our"). These Terms and Conditions ("Terms") set out the terms and conditions under which visitors or users (collectively: "Users" or "you") may visit the Site and/or use the Services and purchase Products. Our offer is aimed exclusively at consumers and not at entrepreneurs. In accordance with Section 13 of the German Civil Code (BGB), a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession.

(2) By accessing or using the Services, you agree to be bound by the Terms. If you do not agree to all of the Terms, you may not access the Site or use the Services. Please read these Terms carefully before accessing our Site or using the Services or purchasing any products. These Terms tell you who we are, how we sell products to you, how you can cancel the contract of sale and what you can do if you have a problem.

3) You represent that you are of legal age and have the legal authority, right and freedom to enter into a binding agreement based on these Terms and to use the Services and purchase Products. If you are a minor, you need the authorisation of your parents or legal guardian to use the Services or purchase Products.

(4) The version of the GTC valid at the time the contract is concluded shall apply.

Purchase of products

(1) The purchase of Products is subject to the terms and conditions in force at the time.

(2) If you purchase a Product: (i) you are responsible for reading the Product description in full before making a binding purchase; and (ii) the completion of an order on the Site (by completing a payment transaction via the "Place Order" or similar button) may constitute a legally binding contract for the purchase of the relevant Product, unless these Terms provide otherwise.

3) You can select products from our product selection and add them to your shopping basket by clicking on the corresponding button. Our prices are listed on the site. We reserve the right to change our prices at any time and to correct unintentional pricing errors. These changes will not affect the price of products that you have already purchased. When you check out, you will be shown an overview of all the products you have placed in your shopping basket. The overview includes the main features of each product as well as the total price for all products, the applicable value added tax (VAT) and, if applicable, the shipping costs. On the payment page, you also have the option of checking the products and quantities and, if necessary, changing, removing or correcting them. You can also use the editing function to recognise and correct any input errors before placing your final binding order. All stated delivery times apply from receipt of your payment of the purchase price. When you click on the "Place order" button, you are placing a binding order to purchase the products listed at the price and delivery costs indicated. To complete the order process by clicking the "Order with costs" button, you must first accept these terms and conditions as legally binding for your order by ticking the corresponding box.

4) We will then send you a confirmation of receipt for your order by e-mail, in which your order is listed again and which you can then print or save using the corresponding function. Please note that this is an automatic notification which only confirms that we have received your order. It does not indicate that we have accepted your order.

(5) The legally binding agreement on the purchase of the products is only concluded when we send you a declaration of acceptance by e-mail or dispatch the products to you. We reserve the right not to accept your order. This does not apply in cases in which we offer a payment method - and you select this payment method for your order - in which a payment process is initiated immediately upon transmission of your order (e.g. electronic transfer or real-time transfer via PayPal, Giropay, Paydirekt). In this case, the legally binding agreement is deemed to have been concluded when you have initiated the order process as described above by clicking on the "Order with costs" button.

(6) The purchase contract is concluded in German. After conclusion of the contract, the contractual terms and conditions will be stored by us and you will no longer have access to them.

Right of cancellation

You may cancel this contract within 14 days without giving any reason.

The cancellation period will expire after 14 days from the day on which you or a third party other than the carrier and indicated by you acquires physical possession of the goods.

To exercise your right of cancellation, you must inform us of your decision to cancel this contract by means of an unequivocal statement (e.g. a letter sent by post, fax or e-mail).

You shall bear the direct costs of returning the goods. We are not responsible for lost or damaged shipments. As soon as we have received and checked your return, we will refund the purchase price. Unless otherwise agreed, we will use the same means of payment as the original order. In the event of wear and tear, missing accessories or damage, we reserve the right not to refund the full purchase price. It is not possible to exchange one item for another.

Sie können (müssen aber nicht) das von uns bereitgestellte Widerrufsformular dafür verwenden.

Prices, shipping costs

(1) We only deliver within the Federal Republic of Germany. Deliveries abroad are unfortunately not possible.

(2) Our prices are quoted in EURO and are gross prices, i.e. they include the applicable statutory value added tax.

(3) The prices valid on the day of the order shall apply.

(4) We also charge shipping costs. These amount to a maximum of 100 EURO per bicycle (Germany)

Delivery

(1) We will deliver the goods to the customer no later than the delivery date shown on the respective offer page when the order is placed. However, this delivery date is only approximate and may therefore - as an exception - be exceeded by up to five working days.

(2) Unless otherwise agreed or shown on the item, we shall deliver within six (6) weeks of our acceptance of the offer.

(3) Should we - exceptionally - not be able to deliver on a delivery date, you as the customer are entitled to the statutory rights. In the event that you set us a grace period for delivery, this grace period must be at least two weeks.

(4) If a component of a product, such as saddles or grips, is not available because we are not supplied by our supplier through no fault of our own despite our contractual obligation, we are entitled to withdraw from the contract with the customer. In the event of cancellation, we will inform our customer immediately that the ordered product is not available and that any payments made will be refunded immediately.

Retention of title

We reserve title to the goods delivered by us until the purchase price has been paid in full.

Transport damage

If goods are delivered with obvious transport damage, please complain about such defects to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular for your warranty rights. However, you will help us to assert our own claims against the carrier or the transport insurance company.

Warranty

The statutory warranty provisions apply, with the exception of the following provision on liability.

In the event of a warranty claim or if you have any questions, please contact our customer service at

Lax Cycles

Niddastraße 54

60329 Frankfurt am Main

Phone: +49 177 8090746

Email: hello@laxcycles.com

Saving online payment details

You can save a preferred payment method for the future. In this case, we will store these payment details in accordance with the applicable industry standards, if any (e.g. PCI, DSS). You can identify your saved card by its last four digits.

Vouchers, gift cards and other offers

Vouchers, gift cards or discounts and other offers may be available for our products from time to time ("Offers"). Such Offers are only valid for the period specified in such Offer. Offers may not be transferred, modified, sold, exchanged, reproduced or distributed without our express written permission.

Member account

(1) Our services are made available to you for information purposes and for private, non-commercial use only. When using our Services, you must comply with these Terms and all applicable laws.

(2) If someone other than you accesses your Member Account and/or your settings, they can perform all actions available to you and, for example, make changes to your Member Account. We therefore strongly advise you to keep the login details for your member account safe. Such activities may be deemed to have been performed for you and on your behalf and you may be solely responsible for those activities that occur under your Member Account, whether or not expressly authorised by you, and for any damages, expenses and losses arising therefrom. You will be liable for activities in connection with your Member Account as described above if you have negligently enabled the use of your Member Account by failing to take reasonable care to protect your login credentials.

(3) You may create and access your member account through a designated website or through a third party platform such as Facebook (the "Social Network Account"). If you sign up through a Third Party Platform account, you hereby grant us access to certain information about you that is stored in your Social Network Account.

(4) We may permanently or temporarily block or suspend your access to the Member Account, without liability to you, in order to protect us, our Site and Services or other users if, for example, you violate any provision of these Terms or any applicable law or regulation in connection with your use of the Site or your Member Account. This may occur without notice if the circumstances require immediate action, in which case we will notify you as soon as possible. In addition, we reserve the right to terminate your membership account by giving you two months' notice by email if, for example, we discontinue our membership account programme. You may discontinue use and request cancellation of your member account at any time by contacting us.

Authorised use

(1) Our services are made available to you for information purposes and for private, non-commercial use only. When using our Services, you must comply with these Terms and all applicable laws.

(2) Except as expressly permitted by these Terms, you may not: (i) use our Services unlawfully or fraudulently (including in violation of third party rights) or for purposes of harvesting personal information or impersonating other users; (ii) modify or use our copyright, trademark or other proprietary rights notices or interfere with the security-related features of our Services; (iii) use our Services in any way to manipulate or distort content or undermine the integrity and accuracy of any content, or take any action to interfere with, damage or disrupt any part of our Services; (iv)use our Services to send, receive, upload/post, download material that does not comply with our content standards; (v) use our Services to transmit or facilitate the transmission of unsolicited or unauthorised advertising or promotional material; (vi) use our Services to transmit any data or upload any data to our Services that contains viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware, adware or other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; (vii) use any robot, spider, other automatic device or manual process to monitor our or any other site or the content contained on our Services; or (vii) use our Services to transmit or upload any data to our Services that contains viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware, adware or other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware. (viii) engage in any behaviour that restricts or inhibits any other user from using our Services; or (ix) use our Services for any commercial purpose or in connection with any commercial activity conducted without our prior written consent. You agree to cooperate fully with our investigation of any activity that is suspected or actual violation of these Terms.

Intellectual property rights

(1) Our Services and related content (and any derivative works or improvements thereof), including without limitation all text, illustrations, files, images, software, scripts, graphics, photographs, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, trademarks, service marks, trade names and trade dress, and interactive features, and all intellectual property rights therein, are either owned or licensed by us (together: "our Intellectual Property Rights") and nothing in these Terms grants you any rights in relation to our Intellectual Property Rights. Except as expressly set forth herein or as required by mandatory legal provisions governing the use of the Services, you acquire no right, title or interest in or to our Intellectual Property Rights. All rights not expressly granted in these Terms are expressly reserved.

Disclaimer of warranties for the use of the Site and the Services

The Services, our intellectual property rights and all information, materials and content provided in connection therewith and made available to users free of charge are provided "as is" and without warranties of any kind, express or implied (warranties of fitness for a particular purpose or warranties as to the security, reliability, timeliness, accuracy and performance of our Services, among others), except for cases of malicious non-disclosure of defects. We do not warrant that free services will be uninterrupted or error-free or that they will meet your requirements. Access to the Services and the Site may be suspended or restricted due to repairs, maintenance or updates. The warranty for products you purchase from us as set out in the "Warranty for Products" section above remains unaffected.

Indemnity

You agree to defend, indemnify and hold us harmless from and against any and all actual or alleged claims, damages, costs, liabilities and expenses (including, without limitation, reasonable attorneys' fees) arising out of or relating to your use of the Site and Services in violation of these Terms, including, without limitation, any use in violation of the restrictions and requirements set forth in the "Acceptable Use" section, unless such circumstances are not due to your fault.

Limitation of liability

(1) We shall only be liable in the event of intent, gross negligence, negligent injury to life, limb or health or slightly negligent breach of a material contractual obligation, and only in the case of chargeable services or the sale of products. A "material contractual obligation" means an obligation the fulfilment of which is a fundamental requirement for the proper performance of the agreement and on which you can normally and reasonably rely. Our liability for slightly negligent breach of a material contractual obligation is limited to the amount of usual and foreseeable damage for this type of contract. Our liability under the Product Liability Act or in the event that we have explicitly given a guarantee remains unaffected.

(2) The above provisions shall apply to our contractual (including liability for futile expenses) and non-contractual liability (including liability in tort) as well as to liability arising from transactions prior to conclusion of the contract (culpa in contrahendo). They also apply in favour of our managing directors, executives or other legal representatives, employees and vicarious agents.

Modification of the Terms and Services; Discontinuation

We reserve the right to change these Terms from time to time, at our sole discretion, to reflect changes in the law or additional features we may introduce, or as we otherwise develop our business. Therefore, you should review these Terms periodically and in any event during the checkout process when you purchase Products. The new terms will apply to any new order you place after the effective date of the new terms. If ongoing services used by you are affected by the changes to the Terms, we will take your legitimate interests into account in an appropriate manner. We will inform you of such changes in good time in advance. The changes will be deemed to have been accepted by you if you do not object to these changes within two months of this notification. We will point this out to you in our notification. If you object to the changes, we have a special right of cancellation - without any further obligations to you - which will take effect on the date the changes come into force.

We may change the Services, discontinue the provision of the Services or one or more functions of the Services offered or restrict the Services. We may terminate or suspend access to the Services permanently or temporarily - without giving reasons and without further obligations. We will inform you in good time in advance if this is possible under the given circumstances and take your legitimate interests into account appropriately in such measures.

Links to third party websites

The Services may contain links that allow you to leave the Site. Unless otherwise indicated, the linked sites are not under our control and we are not responsible for the contents of any linked site, any link contained in a linked site, or any changes or updates to such sites. We are not responsible for transmissions received from any linked site. Links to third party websites are provided for information purposes only. The fact that we have included links to other websites does not imply that we endorse their ownership or content.

Applicable law

(1) These Terms and Conditions shall be governed by and construed in accordance with the laws of the Federal Republic of Germany (without regard to its conflict of law provisions).

(2) The European Commission provides a platform for online dispute resolution (OS), available at: https://ec.europa.eu/consumers/odr/. Please note that we are not obliged to settle disputes with consumers before alternative dispute resolution bodies.

Miscellaneous

(1) No waiver by either party of any breach or default hereunder shall constitute a waiver of any preceding or subsequent breach or default.

(2) The headings used in these Conditions are for convenience of reference only and shall have no legal significance.

(3) Unless expressly provided otherwise, if any part of these Terms is held to be unlawful or unenforceable for any reason, it is agreed that such part of the Terms shall be deleted and the remaining Terms shall remain unaffected and in full force and effect.

(4) You may not assign your agreement with us under these Terms or any or all of your contractual rights or obligations without our prior written consent.

(5) These Terms constitute the entire agreement and supersede all prior written or oral agreements between you and us in connection with the Services and the sale of Products.

(6) The provisions of these Terms which by their nature are intended to survive any such action by us shall survive, including, without limitation, provisions relating to indemnities, defences, disclaimers, limitations of liability and this Miscellaneous section.

Contact

To get in touch with us, please contact

Lax Cycles
Niddastraße 54,
60329 Frankfurt am Main