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AGB

1. General

The general terms and conditions apply to the sale and delivery of goods and services, including repairs by our company, and form the basis of all our contracts – both in the online shop and on our business premises – unless otherwise agreed in writing in individual cases. Deviating conditions of the customer are only valid if we have agreed to them in writing or company-made and apply exclusively to the respective legal transaction, but not to follow-up transactions.

As part of the online shop: By clicking the checkbox in the shopping cart before placing the order “I have read and accepted the terms and conditions (link to the terms and conditions) and the cancellation policy”, the customer agrees to these general terms and conditions and is bound to them ,

Our range of offers is non-binding and subject to change. The order of the fully legally competent customer (persons over the age of 18) represents an offer to conclude a contract. All verbal or written (including online) orders become binding for the customer through our written order confirmation. The contract is only concluded as soon as we deliver the ordered goods and confirm the shipment to the customer or provide the service (e.g. service). If orders are sent to us, the customer is bound to them for seven (7) days from receipt of the offer

2. Order process – consumer

Consumers: For legal transactions with consumers within the meaning of the Austrian Consumer Protection Act, these general terms and conditions apply insofar as they do not contradict the applicable provisions of the Consumer Protection Act. A description of how to shop in our shop can be found at http://www.take-a-ride.at

Note according to § 8 FAGG: The consumer was informed of the following information before sending the online order and has taken note of this information by clicking the send button for the order: (i) properties of the goods / service and (ii) total price the goods / service. The consumer has thus confirmed that he has accepted the order as a “payable order” (button for “paid order”).

3. Cost estimate for repairs

Estimates are generally free of charge, unless the costs for this have been agreed in writing. The time required to prepare a cost estimate is calculated based on the hourly workshop rate. These costs will be deducted when the subsequent order is placed, in the ratio in which the actually placed order relates to the scope of the original cost estimate.

4. Prices

Our company reserves the right to change the content of the respective range of services in the online shop at any time. The prices are non-binding and subject to change and do not include any costs that are charged by third parties, e.g. Shipping. The prices are valid at the time of the order including the legal sales tax plus all expenses and costs incurred with the shipping. They are visible in the shopping cart when ordering and are confirmed by the customer with the button for “order subject to payment”. The prices and shipping costs are binding with the order confirmation sent to the customer. If the price differs from the order in the order confirmation, the price in the order confirmation is binding and the conflicting price is irrelevant.

If export or import taxes become due in the course of shipping, these are also borne by the customer (information on this can be obtained from your responsible customs office). There is no sales tax on sales to customers outside the EU, but they have to pay the respective national import duties. For sales to entrepreneurs within the EU there is no Austrian sales tax if the UID is proven, they have to pay the sales tax in their home country. Payment must be made in euros.

5. Delivery, dispatch and transfer of risk

The delivery takes place within 30 days after full payment of the goods. If delivery is not possible within 30 days, we will contact the customer to arrange a new delivery date. If the customer does not agree to a late delivery, he is entitled to withdraw from the contract.

If not all ordered items are immediately available, the immediately available items will be delivered immediately and others as soon as they are available. Since the shipping prices depend on the size, weight and destination country of the individual order, they are calculated individually for each order in the Take a Ride online shop and are binding for the customer with the order confirmation.

Shipping costs will be charged separately and can be seen before placing the order.

The day of delivery is the day on which the goods leave our warehouse or are made available to the customer – upon collection – ready for dispatch. The risk of accidental loss and accidental deterioration of the goods passes to the customer when the goods are picked up by the customer when the goods are handed over, unless the transport has been carried out by us. In the case of delivery by a freight forwarder, carrier or other person designated for dispatch, the risk of accidental loss and accidental deterioration of the goods passes to the customer when the goods are handed over to the freight forwarder, the carrier or the person otherwise designated to carry out the shipment. If the customer himself has concluded the transport contract without using a selection option that we have proposed, the risk passes to the carrier when the goods are handed over.

The object of repair will only be executed against return of the repair certificate. An agreed completion / pick-up date is recorded in the order letter. The repair item must be picked up within 14 days after the agreed completion / pick-up date. The customer acknowledges that the repair item can be parked on the public traffic area outside of our business premises at the customer’s risk from the 15th day of the completion / collection date specified in the order letter.

We are not liable for force majeure: If, due to the occurrence of unforeseen circumstances, which we could not avert despite the care exercised in the circumstances of the case, e.g. Strike, fire, natural disasters, official orders, operational disruptions – such as Lack of energy or raw materials – if we are prevented from fulfilling our obligation, we will be released from these obligations.

6. Terms of payment, default of acceptance

We accept the following payment methods: credit card (VISA, Mastercard, Diners Club), Maestro, the payment service systems “paypal” as well as prepayment by bank transfer and “Sofortüberweisung”, EPS online transfer or cash on collection. In the case of credit card payments, an encrypted transmission – SSL encryption – corresponding to the current state of the art is made possible, which protects your data against unauthorized access. Payment is debited when the order is successfully completed.

The transfer must be made within one week of receipt of the order confirmation. Payment is deemed to have been made when the invoice amount is received in the seller’s specified account.

The delivery takes place only after full payment of the goods (see point 5 above).

Payment for repair work is due upon completion and must be made in cash, Maestro or credit card and without deductions.

In the event of a delay in payment, we are entitled to interest on arrears in the amount of (a) 4% p.a. for consumers, and (b) 9.2% above the base rate p.a. offset against companies. If a reminder is required, we reserve the right to charge EUR 12.00 in reminder fees per reminder. When handing over to a lawyer or debt collection agency, the costs incurred are to be borne by the customer.

If the contractual partner is in default of acceptance, we are entitled to store the goods with us, for which we charge a storage fee of EUR 0.1 per calendar day or part thereof and at the same time insist on the performance of the contract.

7. Cancellation policy

The consumer can choose from a distance contract or one outside of our business premises – e.g. Trade fairs – withdraw from a contract within 14 days without stating a reason or cancel the contract in text form (e.g. letter, email) or – if the item is left to you before the deadline – by returning the item. The period begins after receipt of this instruction in text form but not before the goods are taken over by consumers in accordance with point 5 or the goods are handed over to the customer or to a transport company.

To meet the cancellation deadline, it is sufficient for you to send your communication regarding your exercise of the right of cancellation before the cancellation period expires. In order to exercise your right of cancellation, you must provide us with your name, address, telephone number and, if available, email address and by means of a clear statement (e.g. a letter sent by post or email) about your decision to cancel this contract , inform. You can use the attached model withdrawal form, but this is not mandatory.

The revocation must be sent to:

Take a Ride e-bike rental and trade | Owner Daniel Scharf

Ghegaweg 8, 9400 Wolfsberg (AT)

Telephone 0681/84042838

Email: daniel@take-a-ride.at

consequences of Withdrawal

If you effectively cancel this contract, we will have all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you have a different type of delivery than the cheapest standard delivery we offer have chosen), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. In the case of sales contracts in which we have not offered to collect the goods ourselves in the event of cancellation, we can refuse the repayment until we have received the goods back. In case of deterioration of the goods, compensation can be claimed. End of revocation

The right of withdrawal does not exist for distance contracts as follows:

for the delivery of goods which are made to customer specifications or are clearly tailored to personal needs or which, due to their nature, are not suitable for a return or can spoil quickly or whose expiry date would be exceeded.

for the delivery of audio or video recordings or software, provided the data carriers supplied have been unsealed by the consumer.

A sample cancellation form can be found on the website under the following link „Widerrufsformular“.

8. Retention of title

Until the full payment of the purchase price agreed for the goods / repair, including all ancillary liabilities (e.g. interest, costs), the goods / spare parts remain / remain our property. If the customer sells goods subject to retention of title to a third party, the retention of title extends further. The customer may resell the goods in the ordinary course of business, but must inform us of this and assign the claim to us to the extent of the purchase price owed. However, he may not pledge the goods, transfer them by way of security or otherwise charge the goods in favor of a third party before the purchase price has been paid in full. If payment is not made immediately after a reminder after a reminder, our goods subject to retention of title must be surrendered immediately. Redemption costs are borne by the customer.

9. Right of retention

We are entitled to a right of retention on the customer’s repaired item due to all claims from your repair order, in particular for the effort made, as well as for relevant material deliveries. This also applies to claims from previous repair orders insofar as this relates to the same repair item and affects the same customer.

10. Data protection

Our employees are subject to the confidentiality obligations of the Data Protection Act. The mere fact of an exchange of messages taking place is also subject to confidentiality. Routing and domain information, including IP addresses, must and may be passed on. The customer acknowledges that the use of the data about the customer specified in the contract will be saved and processed for the purposes of our accounting and customer records. The data is used by us to fulfill legal regulations and to process payment transactions. The following customer data are stored: first name, last name, email address, street, post code, town and telephone number. For payment by credit card we need the following data: credit card type, credit card number, expiry date of the credit card and the check digit on the back of the credit card.

Customer data will not be passed on to third parties, unless this is absolutely necessary for the execution of the contract (or due to a court request). Our contractual partners have been instructed about our data protection regulations and are obliged to do so.

The customer is obliged to notify us of changes in his residential or business address as long as the contractual business transaction is not completely fulfilled by both parties. If the notification is omitted, explanations are also deemed to have been received if they are sent to the last address given.

11. Warranty, liability, guarantee

The duration of the guarantee on our goods is 24 months from delivery or provision of the service.

In the event of justified complaints, either free replacement or improvement will be made, for which a reasonable period – but no longer than 30 days – must be allowed. If an exchange or an improvement is not considered (not possible, too much effort, unreasonable, delayed delivery), the customer is entitled to a price reduction or, if the defect is not minor, cancellation of the contract (change). Defects that occur are to be announced – if possible for the customer, who is a consumer within the meaning of the KSchG, if there is no legal consequence if they are omitted – upon delivery or after becoming visible.

If the purchase is a commercial transaction for the customer (B2B), he must examine the goods immediately upon receipt and notify us immediately if a defect is found. Our company is only liable for damage caused by intent and gross negligence.

This does not apply to personal injury or consumer business. The existence of slight or gross negligence, unless it is a consumer business, has to prove the injured party. The replacement of (defect) consequential damage, as well as other property damage, pecuniary damage and third party damage against the customer, unless it is a consumer business, is excluded. Our company as the operator of the webshop mentioned in the imprint provides the services with the greatest care, but is not liable for the services made available or obtained by third parties.

We accept no further liability for damage to property or pecuniary damage to the customer. We are also not liable for consequential damage or for consequential damage that may result from improper use or use of our goods. The customer is liable for the proper use of the goods we deliver. The customer is not entitled to withhold payment of the purchase price based on the assertion of any claim. The existence of a defect does not entitle the customer to have the defect remedied by himself or by a third party. We are only liable for gross negligence and intent. The customer must prove gross negligence or intent.

The guarantee is to be asserted at the guarantor (at the manufacturer / sometimes also at the seller, if this is the manufacturer) and takes place according to its regulations. The statutory warranty is not restricted by the use of the guarantee.

The statutory period applies to repair orders. Wear parts only have the lifespan corresponding to the respective state of the art. The warranty is subject to legal regulations. To provide a guarantee (in particular improvement), the customer must bring the repair item to our business premises; if this is not practical, we must be informed. Manufacturer’s warranty or guarantee remains unaffected.

The following applies to entrepreneurial customers: Any complaints regarding open defects must be made by the customer immediately, but at the latest within three days of receipt / receipt of the goods, in writing, specifying the defect by letter or email. Hidden defects must be reported as before within three days of discovery. Timeliness occurs when we have received the report within the deadline. Notices of defects do not release from the payment obligation. If a notice of defects is not raised or not made in time, the goods are deemed to have been approved and accepted. Unless otherwise agreed, our warranty is limited to the improvement and replacement of any defective goods.

No liability for accessories: We are not liable for accessories on a repair item.

12. Applicable law, place of performance and place of jurisdiction

Austrian law applies exclusively, excluding the United Nations Convention on Contracts for the International Sale of Goods and national and international conflict of laws rules. The place of performance is the seat of our company.

The exclusive place of jurisdiction for all disputes arising from or in connection with purchase contracts concluded with us is the competent court in Klagenfurt.

For consumers who have no residence or habitual residence or place of employment in Austria at the time of the conclusion of the contract, but are resident in an EU member state, Art 16 EuGVVO: The applicable place of jurisdiction is either the place of residence of the consumer or Klagenfurt.

Art 16 EuGVVO:

1. A consumer may bring an action against the other contracting party either before the courts of the Member State in whose territory that contracting party is domiciled or before the court of the place where the consumer is domiciled.

(2) The other contractual partner’s action against the consumer may only be brought before the courts of the Member State in whose territory the consumer is domiciled.

(3) The provisions of this article are without prejudice to the right to bring a counterclaim before the court where the action itself is pending in accordance with the provisions of this section.

13. Copyright

All news, graphics, photos and the design of the Take a Ride e-bike rental and retail website are for the personal information of our customers only. All data of this offer enjoy protection according to §4 and §§87 ff. Copyright Act. The reproduction, copying and printing of the entire website are only permitted for the purpose of placing an order with our company. Any further processing, duplication, distribution and / or public reproduction exceeds the normal use and constitutes a violation of copyright.

14. Other

The ineffectiveness, nullity or cancellation of individual provisions does not affect the effectiveness of the remaining provisions of these general terms and conditions. Claims for recourse within the meaning of the Product Liability Act are excluded, unless the person entitled to recourse proves that the error was caused in our sphere and was at least grossly negligent. The customer waives the option of offsetting. All declarations, notifications, including notices of defects must be sent to us in writing (also by email).

The content of the contract, all other information, customer service, data information and complaint handling are offered consistently in German.

Take a Ride E- Bikeverleih und Handel | Inh. Daniel Scharf | Ghegaweg 8 | 9400 Wolfsberg | daniel@take-a-ride.at