This is a translated version of our German terms & conditions. In case of any legal conflict the German version will apply. We can not exclude the following text from translation errors.
For all orders via our online shop by consumers and companies, the following terms and conditions apply.
A consumer is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed. Entrepreneur is a natural or legal person or a legal partnership that, in the course of entering into a legal transaction, is acting in the course of its commercial or independent professional activity.
With regard to companies, these terms and conditions also apply to future business relationships, without us having to refer to them again. If the entrepreneur uses conflicting or supplementary terms and conditions, its validity is hereby contradicted; they only become part of the contract if we have expressly consented to this.
2. Contracting party, conclusion of contract
The purchase contract is concluded with 8bar bikes GmbH.
The placement of the products in the online shop does not constitute a binding offer but a non-binding product presentation. You can initially place our products in the shopping basket without obligation and correct your entries at any time before submitting your order by using the correction aids provided and explained for this purpose in the order process. By clicking on the order button, the customer places a binding order for the goods contained in the shopping basket. Immediately after sending the order, you will receive a confirmation by e-mail. The order represents an offer to 8bar Bikes GmbH to conclude a contract. The acceptance of the offer takes place through the delivery of the goods.
3. Contract language, contract text storage
The languages available for the contract are German and English.
We save the contract text and send you the order data by e-mail.
4. Delivery terms
In addition to the stated product prices shipping costs are added. You can find out more about the amount of shipping costs in the offers.
You have the option to pick up at 8bar bikes GmbH, Wrangelstraße 18, 10997 Berlin, Germany during the following business hours: Monday to Saturday from 12:00 to 18:00 and Thursdays from 12:00 to 20:00 except on holidays. Please inform us at least three working days before your pickup, so that we can deliver the goods from our warehouse. You can also pay by debit card and credit card.
We do not deliver to packing stations.
5. Payment terms
In our shop you can always use the following payment methods:
Payment in advance / bank transfer
When selecting the payment method in advance, we will give you our bank details in separate e-mail and deliver the goods after receipt of payment.
In the order process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we request PayPal to initiate the payment transaction.
The payment transaction will be carried out automatically by PayPal immediately thereafter. You’ll get more information during the ordering process.
Payment on pickup
You pay the invoice amount upon collection in cash, by debit or credit card.
6. Retention of title
The goods remain our property until full payment.
For entrepreneurs applies in addition: We reserve the ownership of the goods until the complete settlement of all claims from an ongoing business relationship. You may resell the reserved goods in ordinary business; All claims resulting from this resale shall be assigned to us in advance – irrespective of any combination or mixing of the reserved goods with a new item – in the amount of the invoice amount, and we accept this assignment. You remain entitled to collect the claims, but we may also collect claims yourself, as far as you do not meet your payment obligations.
7. Transport damage
If goods are delivered with obvious transport damage, please complain about such errors as soon as possible to the deliverer and please contact us immediately. The failure to file a complaint or contact has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, they help us assert our own claims against the carrier or transport insurance.
Among traders, the duty to inspect and to reprimand is regulated in § 377 HGB. If you refrain from doing so, the goods are deemed to have been approved, unless they are defects that were not identifiable during the inspection. This does not apply if we have fraudulently concealed a defect.
8. Warranty and guarantees
In addition to the statutory warranty, we offer a 2 year 8bar-bikes warranty on all our products.
It covers material and labor costs for breakage, deformation, inoperability of all 8bar bikes parts.
For all other products, the statutory warranty period of two years applies.
General warranty conditions:
Seller avails itself of these terms and conditions by way of derogation and limitation of liability as may be provided by law under national law.
The buyer acknowledges this and accepts the present conditions.
This warranty is only available to the first owner of the bike and is non-transferable.
The warranty is at our discretion by replacement or repair of parts recognized as defective using identical or comparable parts, depending on the state of technical development.
Work carried out under the guarantee does not give rise to an extension of the warranty, unless national legislation provides for specific provisions in this respect.
Our liability is expressly limited to the above-defined guarantee.
The shipping costs for the return shipping are to be borne by the buyer. If the warranty claim of 8bar bikes is accepted, the re-dispatch of 8bar bikes will be accepted.
The warranty can be claimed provided
- the damage is not due to a lack of care, improper use, even a temporary overload, inexperience of the user or insufficient care during transport
- the bike was adequately maintained
The warranty does not extend to
- Maintenance (lubrication, adjustment) or wear due to normal wear and tear (tires, brake pads, chain, freewheel, sprocket cables, seals, hydraulic oil, etc.)
- In the course of currently occurring color changes
- paint defects
For consumers, the limitation period for claims for defects in used goods is one year from delivery of the goods.
For entrepreneurs, the limitation period for warranty claims is one year from the transfer of risk; the statutory limitation periods for the recourse claim under § 478 BGB remain unaffected.
With regard to entrepreneurs, an agreement on the condition of the goods is understood to mean only our own information and the manufacturer’s product descriptions that were included in the contract; We accept no liability for public statements made by the manufacturer or other advertising statements.
If the delivered goods are defective, we initially provide to entrepreneurs at our discretion warranty by rectification of the defect (repair) or by delivery of a defect-free item (replacement).
The above limitations and shortened terms do not apply to claims for damages caused by us, our legal representatives or vicarious agents
- in violation of life, body or health
- in case of intentional or grossly negligent breach of duty as well as malice
- in case of breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the contractual partner may regularly rely (cardinal obligations)
- as part of a guarantee promise, as far as agreed
- as far as the scope of the Product Liability Act is opened.
Information on any applicable additional guarantees and their exact conditions can be found in the product and on special information pages in the online shop.
Customer service: You can contact our customer service for any questions, complaints and complaints Monday to Saturday from 12:00 to 18:00 and on Thursdays from 12:00 to 20:00 on the telephone number +49 30 20954518 as well as by e-mail at email@example.com
We are always liable without limitation for claims due to damages caused by us, our legal representatives or vicarious agents
- injury to life, body or health,
- in case of intentional or grossly negligent breach of duty,
- with guarantee promise, as far as agreed, or
- as far as the scope of the Product Liability Act is opened.
In case of breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract and on which the contractual partner may regularly rely (cardinal obligations) by slight negligence on our part, our legal representatives or vicarious agents, the liability shall be the amount foreseeable at the time of conclusion of the contract Damage limited, which typically has to be expected. Incidentally, claims for damages are excluded.
10. Dispute settlement
The European Commission provides a platform for online dispute resolution (OS), available here https://ec.europa.eu/consumers/odr/.
We are ready to participate in an out-of-court conciliation procedure before a consumer arbitration board.
11. Final provisions
If you are an entrepreneur, then German law applies excluding the UN sales law.
Are you a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.
12. Data protection