Terms of service

This English translation of the Terms and Conditions is provided for informational purposes only. The legally binding version is the German version. In the event of any discrepancies or inconsistencies, the German version shall prevail. 

Table of Contents

  1. Scope of Application
  2. Conclusion of Contract
  3. Right of Withdrawal
  4. Prices and Terms of Payment
  5. Delivery and Shipping Terms
  6. Retention of Title
  7. Liability for Defects (Warranty)
  8. Liability
  9. Governing Law
  10. Jurisdiction
  11. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter “GTC”) of CYCLE SIP GmbH (hereinafter “Seller”) apply to all contracts for the supply of goods which a consumer or business (hereinafter “Customer”) concludes with the Seller in respect of the goods displayed by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 A consumer within the meaning of these T&Cs is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their self-employed professional activity.

1.3 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, is acting in the course of their commercial or self-employed professional activity.

2) Conclusion of the Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller, but serve to enable the Customer to submit a binding offer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after placing the selected goods in the virtual shopping basket and completing the electronic ordering process, the customer submits a legally binding contractual offer in respect of the goods contained in the shopping basket by clicking the button that concludes the ordering process.

2.3 The seller may 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), in which case the date of receipt of the order confirmation by the customer shall be decisive, or
  • by delivering the ordered goods to the customer, in which case the date of receipt of the goods by the customer shall be decisive, or
  • by requesting payment from the customer after the customer has placed their order.

If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer.

2.4 If you select a payment method offered by PayPal, the payment will be processed by 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 Service, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or – if the customer does not have a PayPal account – subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/ de/legalhub/paypal/privacywax-full. If the customer pays using a payment method offered by PayPal and selectable during the online ordering process, the seller hereby declares acceptance of the customer’s offer at the moment the customer clicks the button that completes the ordering process.

2.5 When an offer is submitted via the Seller’s online order form, the text of the contract is stored by the Seller after the contract has been concluded and sent to the Customer in text form (e.g. email, fax or letter) following the submission of their order. The Seller will not make the text of the contract available in any other way.

2.6 Before submitting a binding order via the Seller’s online order form, the Customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical tool for better identifying input errors can be the browser’s zoom function, which enlarges the display on the screen. During the electronic ordering process, the customer can correct their entries using the standard keyboard and mouse functions until they click the button that completes the ordering process.

2.7 Various languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.8 Order processing and communication generally take place 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, if 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 are generally entitled to a right of withdrawal.

3.2 Further details regarding the right of withdrawal are set out in the seller’s cancellation policy.

4) Prices and Terms of Payment

4.1 Unless otherwise stated in the seller’s product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs will be specified separately in the relevant 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 money transfers via 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 funds even if the delivery is not to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 The payment method(s) will be communicated to the customer in the Seller’s online shop.

4.4 If a payment method offered via the ‘PayPal’ payment service is selected, the payment will be processed via PayPal, whereby PayPal may also make use of the services of third-party payment service providers for this purpose. Where the Seller also offers payment methods via PayPal whereby the Seller makes an advance payment to the Customer (e.g. purchase on account or payment by instalments), the Seller assigns its payment claim in this respect to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Prior to accepting the seller’s declaration of assignment, PayPal or the payment service provider commissioned by PayPal shall carry out a credit check using the customer data provided. The seller reserves the right to refuse the customer the selected payment method in the event of a negative credit check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the customer may only make payment to PayPal or the payment service provider commissioned by PayPal with discharging effect. However, even in the event of an assignment of claims, the Seller remains responsible for general customer enquiries, e.g. regarding the goods, delivery times, dispatch, returns, complaints, notices of withdrawal and returns, or credit notes.

4.5 If a payment method offered via the ‘Shopify Payments’ payment service is selected, payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter ‘Stripe’). The specific payment methods offered via Shopify Payments are communicated to the customer in the seller’s online shop. To process payments, Stripe may use additional payment services, to which specific payment terms may apply, and of which the customer may be notified separately. Further information on “Shopify Payments” is available online at https://www.shopify.com/legal/terms-payments-de.

5) Delivery and Shipping Terms

5.1 If the Seller offers to ship the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the Seller’s order processing system shall be decisive for the processing of the transaction.

5.2 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 to the costs of the initial delivery if the customer effectively exercises their right of withdrawal. Where the customer effectively exercises their right of withdrawal, the provisions set out in the seller’s cancellation policy shall apply to the costs of returning the goods.

5.3 If the customer is a business, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has handed over the goods to the forwarding agent, the carrier or any other person or organisation designated to carry out the shipment. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally passes only upon handover of the goods to the customer or an authorised recipient. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer, even in the case of consumers, as soon as the seller has handed over the goods to the forwarding agent, the carrier or any other person or organisation designated to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier or any other person or organisation designated to carry out the shipment and the seller has not previously named this person or organisation to the customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper supply from its own suppliers. This applies only if the Seller is not responsible for the non-delivery and has, with due care, entered into a specific covering transaction with the supplier. The Seller shall make every reasonable effort to procure the goods. In the event of the goods being unavailable or only partially available, the Customer shall be informed immediately and the consideration refunded without delay.

5.5 Collection by the customer is not possible for logistical reasons.

6) Retention of title

If the seller makes advance delivery, they retain title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

Unless otherwise specified in the following provisions, the statutory provisions on liability for defects shall apply. Notwithstanding this, the following shall apply to contracts for the supply of goods:

7.1 If the customer is a business,

  • the seller may choose the method of subsequent performance;
  • for new goods, the limitation period for claims for defects is one year from delivery of the goods;
  • for used goods, claims for defects are excluded;
  • the limitation period does not recommence if a replacement delivery is made under the liability for defects.

7.2 The limitations of liability and shortened limitation periods set out above do not apply

  • for claims by the customer for damages and reimbursement of expenses,
  • in the event that the seller has fraudulently concealed the defect,
  • for goods which have been used in accordance with their normal intended use in a building and have caused its defectiveness,
  • for any existing obligation on the part of the seller to provide updates for digital products, in the case of contracts for the supply of goods with digital elements.

7.3 Furthermore, in the case of business customers, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.4 If the customer is a trader within the meaning of Section 1 of the German Commercial Code (HGB), they are subject to the commercial duty to inspect and give notice of defects in accordance with Section 377 HGB. If the customer fails to comply with the notification obligations set out therein, the goods shall be deemed to have been accepted.

7.5 If the customer is a consumer, they are requested to lodge a complaint with the delivery company regarding goods delivered with obvious transport damage and to inform the seller thereof. Failure by the customer to do so shall have no effect whatsoever on their statutory or contractual claims for defects.

8) Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory claims, including tortious claims, for damages and reimbursement of expenses as follows:

8.1 The Seller shall be liable without limitation on any legal grounds

  • in cases of intent or gross negligence,
  • in cases of intentional or negligent injury to life, limb or health,
  • on the basis of a guarantee, unless otherwise stipulated in this regard,
  • on the basis of mandatory liability, such as under the Product Liability Act.

8.2 If the Seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for this type of contract, unless unlimited liability applies in accordance with the preceding clause. Essential contractual obligations are obligations which the contract imposes on the Seller, by virtue of its content, for the fulfilment of the purpose of the contract, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the Customer may regularly rely.

8.3 In all other respects, the Seller’s liability is excluded.

8.4 The above liability provisions also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.

9) Governing Law

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, to the exclusion of the laws on the international sale of goods. In the case of consumers, this choice of law shall apply only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.

10) Jurisdiction

If the customer is a trader, a legal entity under public law or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller’s place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from the contract are attributable to the customer’s professional or commercial activities. In the above cases, however, the Seller shall in any event be entitled to bring proceedings before the court at the Customer’s place of business.

11) Alternative dispute resolution

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.