Allgemeine Geschäftsbedingungen - kreuz+quer GmbH
General Terms and Conditions (AGB)
- Validity of the general terms and conditions and conclusion of contract
- These General Terms and Conditions (GTC) apply to all contracts concluded between kreuz+quer GmbH, Holbeinstrasse 80, CH-4051 Basel, commercial register office Basel-Stadt, UID: CHE-350.578.053 and customers (hereinafter referred to as "customer") for the sale and delivery of goods via the webshop www.arc8bicycles.com (hereinafter referred to as "webshop").
- Only natural persons of full age or legal entities are entitled to purchase goods in the webshop.
- These General Terms and Conditions also apply to purchase contracts concluded by other means, e.g. by telephone, fax or letter. Customers will be informed in the order confirmation where they can download the GTC on the Internet.
- Order process and contract conclusion
- The webshop is available in the following languages: [English]
- The selection of goods advertised in the web shop does not constitute an offer by kreuz+quer GmbH in the legal sense, but merely a non-binding invitation to the customer to send offers for the conclusion of a sales contract for the goods presented to kreuz+quer GmbH.
- In the webshop, the customer has the choice of either assembling and buying a complete bicycle, or only the frame. When putting together a complete bicycle, the customer can individually configure the frame size and the various components under the "Configurator" button. The selected configuration can be moved to the shopping cart by clicking on "ADD TO CART". The prices shown include VAT.
- Click on "CART" to display the shopping cart. Here the customer receives an overview of the selected goods and quantities as well as the total price incl. VAT and shipping costs. By clicking on "REMOVE" the corresponding article will be removed from the shopping cart. By clicking on "EMPTY THE CART" all items in the shopping cart will be removed.
- By clicking on "CHECKOUT" the customer is guided through the ordering process. On the first page "START CHECKOUT" the customer is invited either to create a customer account or to place the order as a guest. The order can also be placed without creating a customer account.
- By clicking on "LOGIN" or "CONTINUE AS GUEST" the customer comes to the page "ADDRESS". Here the customer can enter his delivery and billing address.
- By clicking on the "CONFIRM ADDRESSES" button, the user is taken to the "DELIVERY" page. On this page he can select the shipping options and check the delivery and billing address.
- By clicking on the "BUY NOW" button, the customer sends kreuz+quer GmbH a binding offer to purchase the goods collected in the shopping basket.
- After placing the order, the customer receives an automatic confirmation of receipt via e-mail, which contains an order number, reflects the ordered goods and confirms receipt of the order by kreuz+quer GmbH. This automatic order confirmation does not constitute an acceptance of the customer's purchase offer, but merely indicates that the order has been received by kreuz+quer GmbH.
- At its sole discretion, kreuz+quer GmbH has the right to decide whether or not to accept the customer's purchase offer for the goods ordered. Any acceptance will generally be made within 14 days of receipt of the order via e-mail in the form of a delivery confirmation. The contract shall only come into effect upon submission of the declaration of acceptance by kreuz+quer GmbH in the form of the delivery confirmation and shall apply exclusively to the goods listed in the delivery confirmation. A contract for goods whose delivery has not been confirmed is not concluded. This applies regardless of whether amounts have already been debited from the customer's account or not. In the event that amounts have been debited and the purchase offer is not or not completely accepted by kreuz+quer GmbH, the amounts will be refunded accordingly.
- Prices and special offers
- Prices are always quoted in CHF incl. 7.7% VAT. In the euro area, where the customer selects a different country via the webshop www.arc8bicycles.com, the prices are converted into the respective currency and the countries are subject to specific VAT. Customs and handling charges are included in the price in addition to VAT. Shipping costs are shown separately and are calculated on the basis of the delivery address. In all other cases (when selecting a country outside Europe) the prices are given in USD and exclusive of VAT.
- kreuz + quer GmbH reserves the right to change prices at any time. For customers, the prices published on the website on the order date apply.
- The conditions for promotions and discounts can be found in the relevant information in the web shop.
- The customer can choose between the following payment methods:
- Payment by credit card: All major credit cards are accepted. The customer must provide the relevant information, in particular the number of his credit card and the credit card company as well as the expiry date of the credit card.
- Payment in advance: For payment in advance, payment must be made within 10 days of the order date, for e-bills within 5 days.
- In the event of late payment, kreuz+quer GmbH will send a maximum of two reminders. A fee of CHF 20.00 will be charged for the second reminder. If the customer then fails to pay, debt enforcement measures are initiated. In addition, interest on arrears of 5 percent will be charged in the event of late payment. We reserve the right to claim damages.
- Terms of delivery
- Delivery times are shown in the webshop according to availability. If the goods are available in stock, delivery usually takes place within 30 working days. If a longer delivery period is necessary, the customer will be informed at the latest after expiry of this period. The customer can call up his delivery status at any time via the web shop.
- Benefit and risk are transferred to the buyer at the time the goods are handed over to the transport company (Art. 74 Para. 2 No. 2 OR).
- Right of withdrawal for end customers
- revocation instruction
The end customer is entitled to revoke the purchase contract within 14 days without giving reasons. The period begins with receipt of the goods by the addressee of the delivery. The customer must assert the decision to revoke the purchase contract by means of a clear declaration (e.g. fax, e-mail, letter, electronic return process). In order to comply with the withdrawal period, it is sufficient that the declaration of withdrawal or the goods are sent before the expiry of the withdrawal period. The revocation is to be addressed to:
ARC8 - kreuz+quer GmbH
Holbeinstrasse 80, 4051 Basel, Switzerland
Phone: +41 61 331 41 51
In the event of a declaration of revocation, the goods must be returned to the above address in their original packaging and with the corresponding label.
- revocation consequences
In the event of an effective revocation, kreuz+quer GmbH will reimburse the end customer for all payments received, including delivery costs, immediately, but no later than 14 days after receipt of your notice of revocation. Excluded from the refund are those additional costs incurred by the end customer because he has chosen a delivery method other than the standard delivery. kreuz+quer GmbH uses the same means of payment for the refund as the end customer used to purchase the goods, unless otherwise agreed.
At the latest within 14 days from the day on which the end customer has informed us of the revocation, he must return the goods to kreuz+quer GmbH. The return costs as standard shipping are to be borne by the end customer. kreuz+quer GmbH may refuse reimbursement until it has received the goods back or the end customer has provided proof that he has returned the goods.
The end customer may not reduce the value of the goods he wishes to return. The end customer must pay compensation for a loss in value if this is attributable to handling the goods that goes beyond testing the properties, condition and functionality of the goods. Testing the properties, condition and functionality" means testing and trying out the respective goods, as is possible and usual in a retail shop.
Exclusion of right of revocation
The end customer has no right of withdrawal in the case of contracts for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or provision by you is authoritative or which are clearly tailored to your personal needs. For this reason, the right of revocation is also excluded for individually assembled bicycles with special colour requests.Warranty and Liability
Liability for online connections
- Any warranty, as far as legally possible, is excluded, in particular cancellation and reduction are excluded. Section 5.2 of these GTC remains reserved.
- For a period of 24 months from receipt of the goods, kreuz+quer GmbH offers a free remedy for the warranted properties of the products marked ARC8. The buyer must inspect the delivered goods immediately upon receipt and report any defects in the aforementioned sense immediately. The right to rectify defects free of charge does not include, in particular, defects attributable to improper maintenance / use / storage or damage.
- kreuz+quer GmbH provides its services carefully and professionally within the scope of its operational resources and the foreseeable requirements, insofar as kreuz+quer GmbH is not prevented from doing so by circumstances for which it is not responsible.
- In the event of breach of its own contractual obligations under the purchase contract, including these GTC, kreuz+quer GmbH is liable to the customer without limitation for direct, direct and proven damages caused by kreuz+quer GmbH through unlawful intent or gross negligence.
- Liability is expressly rejected for slight or medium negligence and for indirect, indirect or consequential damage. Consequential damages are in particular loss of profit, loss of earnings, damage to reputation.
- kreuz+quer GmbH undertakes to ensure security in systems, programs, etc. which it owns and over which it has influence in accordance with the latest technical standards and to observe the rules of data protection.
- Customers are responsible for ensuring the security of systems, programs and data within their control. Customers should keep passwords and user names secret from third parties in their own interest.
- kreuz+quer GmbH is not liable for defects and malfunctions for which it is not responsible, especially not for safety defects and operational failures of third parties with whom it cooperates or on which it is dependent.
- Furthermore, kreuz+quer GmbH is not liable for force majeure, improper action and disregard of risks on the part of the customer or third parties, excessive strain, unsuitable operating resources of the customer or third parties, extreme environmental influences, interventions by the customer or disturbances by third parties (viruses, worms, etc.) which occur despite the necessary current safety precautions on the part of kreuz + quer GmbH.
Assignment of rights and duties
- The content of the website, including the texts, images, photos, graphics, sounds, etc., is protected by copyright. (hereinafter referred to as "design elements") and the software is protected by copyright. The copyrights as well as the trademarks and all other intellectual property rights in the design elements and goods published in the web shop belong to kreuz+quer GmbH or its licensors.
- The intellectual property rights may only be reproduced, published, transferred, modified or used in any other way by kreuz+quer GmbH or its licensees, unless the use by third parties has been expressly approved in advance in writing by the entitled parties.
Severability clause and waiver
- kreuz+quer GmbH has the right at any time to transfer or assign the rights and obligations arising from the contracts with the customer in whole or in part to third parties.
- The customer is not entitled to transfer, assign or encumber individual or all rights and obligations arising from the contracts with kreuz+quer GmbH to third parties without the prior consent of kreuz+quer GmbH.
- Should individual provisions of these General Terms and Conditions be or become invalid or void in whole or in part, or should these General Terms and Conditions contain loopholes, this shall not affect the validity of the remaining General Terms and Conditions.
- Should kreuz+quer GmbH not insist on the fulfillment of contractual obligations or not exercise the rights available to it, this shall not constitute a waiver. The customer shall remain bound by the contractual obligations until kreuz+quer GmbH expressly notifies a waiver in writing.
Special conditions for contracts with entrepreneurs
- The rights of return or revocation under Clause 6 do not apply if the customer is a business customer in the sense of an entrepreneur and not a private customer in the sense of a consumer. Entrepreneur is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
- Notwithstanding Clause 7, the warranty in business transactions shall be limited as follows:
- The warranty period is limited to 12 months.
- The warranty of kreuz+quer GmbH to the customer as entrepreneur shall be subsidiary to the warranty of the supplier. For this purpose, kreuz+quer GmbH assigns to the customer in advance its warranty claims against the manufacturer/supplier in respect of the goods and/or documentation or other instructions for use which are the subject of the contract. The customer accepts this assignment. The customer can therefore first assert warranty claims against the manufacturer/supplier - if necessary in court. The limitation of warranty claims against kreuz+quer GmbH shall be suspended for the duration of the legal proceedings. kreuz+quer GmbH shall surrender the contractual documents necessary for legal proceedings and provide the necessary information about the contractual partner. The warranty of kreuz+quer GmbH shall be revived if the recourse against the manufacturer/supplier does not offer any prospect of success for legal reasons or due to financial collapse, e.g. due to insolvency, intractability, legal restrictions or existing counter rights.
Application of law and place of jurisdiction
- The customer - insofar as he is an entrepreneur - must inspect the object of purchase or service immediately upon receipt and notify any defects identified without delay.
- The liability of kreuz+quer GmbH for any legal reason is limited to the amount of the order value. Any further liability for damages is excluded, in particular liability without fault is excluded. The liability according to the product liability law remains unaffected.
- The customer may only set off legally established or undisputed claims against the claims of kreuz+quer GmbH.
- The customer's terms and conditions shall only apply with the express and written consent of kreuz+quer GmbH.
- Place of performance is Muttenz/Switzerland; exclusive place of jurisdiction is Muttenz/Switzerland.
- Should individual or several provisions of these GTC be or become invalid or unenforceable in whole or in part, the validity or enforceability of the remaining provisions of these GTC or the purchase contract shall not be affected thereby.
- kreuz+quer GmbH reserves the right to change these GTC at any time.
- Only Swiss law shall apply to the purchase contract including these GTC and any disputes arising from or in connection with the relationship between kreuz+quer GmbH, to the exclusion of the conflict of law provisions and the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG).
- In the event that the purchase agreement, including these GTC, contains a loophole, the provisions of the Swiss Code of Obligations (OR) shall apply.
- Exclusive place of jurisdiction for all disputes between kreuz+quer GmbH is the registered office of kreuz+quer GmbH. However, kreuz+quer GmbH is entitled to sue the customer at his domicile. Mandatory legal jurisdiction provisions shall remain reserved.
kreuz+quer GmbH, Basel, 16.12.2019