General Terms and Conditions of Business and Use with User Information
This is a translation of our German Terms and Conditions. Our Platform Terms and Conditions only apply as defined in the German version.
Welcome to buycycle!
We are pleased that you are visiting our online marketplace (hereinafter referred to as "Marketplace") and thank you for your interest. The use of the services implies that you agree to these General Terms and Conditions of Business and Use (hereinafter referred to as "GTC"). Please read them carefully before using the marketplace. By using the marketplace, you agree to be bound by these GTC. Below we inform you about the use of our marketplace.
1 General and scope
1.1 The following terms and conditions apply to all contracts between the
TFJ Buycycle GmbH
Ansbacher Str. 5
Tel.: +49 (0) 172 - 4582838
VAT ID No.: DE341044568
Managing directors: Theodor Golditchuk, Florian Senoner, Jonas Jäger
Seat of the company: Munich
Registry court: Munich Local Court
Registration number: HRB 263786
(hereinafter referred to as "buycycle") and the seller (hereinafter referred to as "seller") and interested parties (hereinafter referred to as "buyer", together with buycycle also referred to as "parties"). Seller and Buyer are hereinafter also jointly referred to as gender-neutral "Users" of the marketplace accessible under the link https://www.buycycle.de/ and all subdomains belonging to the domains.
1.2 These GTC apply to both consumers and entrepreneurs, unless a differentiation is made in the respective clause. According to § 13 BGB (German Civil Code), a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. According to § 14 BGB, an entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
1.3 The general terms and conditions of buycycle apply exclusively. Deviating, conflicting or supplementary general terms and conditions or GTC of the User shall only become part of the contract if and to the extent that buycycle has expressly agreed to their validity.
2. subject matter of the contract
2.1 buycycle provides the User with worldwide access to the buycycle marketplace for the duration of the contract in order to have used racing bicycles (hereinafter referred to as "racing bicycles") evaluated and subsequently offered for sale as a seller or to search for and purchase racing bicycles in a database as a buyer. The shipping of the racing bikes is carried out by a shipping service provider named by buycycle.
2.2 buycycle itself does not offer roadbikes for sale on the marketplace.
2.3 The subject of this contract is accordingly the provision of a worldwide accessible marketplace for offering or searching for racing bicycles and their subsequent shipment.
2.4. Any initation of contracts via the marketplace and/or contractual relations regarding the purchase of used road bikes are exclusively between the users themselves. buycycle is not liable for the proper execution of any purchase contracts between the users.
2.5. buycycle provides customer service to buyers and sellers and is the contact for all disputes, refund requests and questions regarding purchases made on buycycle. Details can be found in section 14.4.
3. services and use of the profile
3.1 The services of buycycle differ according to whether the User uses the marketplace as a seller or as a buyer. In any case, the use of the marketplace requires the successful registration and admission of the User.
3.2 As a seller, the User can create and publish offers for the sale of racing bicycles (hereinafter referred to as "sale ads") on the buycycle marketplace. The creation of a sale ad requires successful registration as well as information on the brand, model, year of manufacture and condition of use of the road bike. The seller can estimate the value of the road bike by buycycle and get a non-binding price offer as well as view already published sale ads of comparable road bikes, if applicable. Furthermore, the seller can upload truthful and unretouched pictures as well as provide detailed information about the condition of the road bike. The publication of a sale ad will only take place after prior review and approval by buycycle. Finally, the seller can edit and delete the sale ads at any time, view the sale ads of other users and contact the respective users by comments or notifications. In case of an offer by the buyer to sell a racing bike, the seller receives a notification from buycycle (so-called "Notification"), to which he can react within 24 hours and inform whether an intermediate sale took place or whether he wants to accept the buyer's offer.
3.3 If the User is a Buyer, he/she can view published sales advertisements on the buycycle marketplace after successful registration and admission. For this purpose, the Buyer has the option to view all sales ads published on the buycycle marketplace or to perform a "structured search" according to certain criteria of a racing bike. From the sale ads, the buyer can obtain all information about the road bike, its price plus any additional costs (shipping and transport costs, service fee and terms of payment) as well as the defect rights against the seller. In addition, the customer can make individual comments on sales ads of sellers who are not private sellers and ask questions about the racing bikes or view questions and answers already asked by other users. In addition, the customer can view profiles of sellers who are not private sellers.
3.5 The contract and payment processing between the users is carried out via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). Within the framework of the payment provider Stripe, buycycle offers various payment methods. In the order process, the buyer is redirected from buycycle's marketplace to Stripe's website. After entering his payment data and selecting the desired payment method, the Buyer also confirms a payment instruction to Stripe by clicking the button completing the payment process. buycycle requests Stripe to initiate the payment transaction after confirmation by the Seller and the Seller accepts the Buyer's offer in case of clicking the button completing the order process.
3.6 The concrete graphical and functional design of the contractual usage options, the expansion or adaptation of the usage options with additional features or services or their supplementation with additional paid services are at the discretion of buycycle. buycycle is entitled to modify, expand and/or adapt the concrete design at any time, while maintaining the contractual usage options.
3.7. buycycle is entitled at any time to block access to individual contents or to the marketplace, e.g. if there is suspicion that the User violates applicable law, these GTC or the rights of third parties. The user can avert these measures if he eliminates the suspicion by presenting suitable evidence at his own expense. The user has no claim to the maintenance of individual functionalities in the marketplace.
3.8 The marketplace shall be available to the User for an unlimited period of time at an annual average of at least 98.5%. Unavoidable, unforeseeable and extraordinary events that can lead to the unavailability of the marketplace, such as power failures, hacking attacks, failures of the telecommunication lines from the transfer point to the Internet are not counted towards the availability minimum.
3.9. buycycle is entitled to engage third parties as subcontractors for the provision of the contractually owed services. In addition, buycycle may transfer rights and obligations from this contract to one or more third parties (contract takeover). In case of a complete takeover of the contract, the User has the right to terminate the contract without notice.
4 Registration, conclusion of contract and user account
4.1 By completing the online registration process (hereinafter referred to as "registration") and creating a profile, a user contract is concluded between the user and buycycle.
4.2 For the registration and the creation of a profile, the creation of a user account is required. The data required for the user account (hereinafter referred to as "log-in data") is derived from the input mask used for registration.
4.3 Alternatively, the User can log in to the marketplace to create a user account or register using the so-called "single sign-on procedure" if the User has a Facebook, Google or Apple account. All relevant information about the person of the user as well as the profile picture will be taken from the respective account.
4.4 Natural and legal persons can register to use the marketplace. The registration of a legal person can only be made by a person authorized to represent the legal person. Only users who are of age and legally competent can register as natural persons. If the User is a minor, registration may only take place with the consent of a legal representative. buycycle is entitled to make registration dependent on corresponding proof of a legal representative's consent.
4.5 The contract with buycycle for the use of the marketplace is concluded by completing the online registration process and then clicking the checkboxes GTC ("I hereby confirm that I have read the General Terms and Conditions of Business and Use and accept them.") and Data Protection ("I have taken note of the Data Protection Declaration. I agree that my personal data may be collected and stored electronically for the purpose of registration and creation of a user account. I can revoke my consent given in this regard at any time for the future by sending an e-mail to email@example.com.").
4.6 After completing the online registration process, the user receives a confirmation e-mail with an activation link. To complete the registration process, the user must verify his identity by clicking on the link in the confirmation e-mail. There is no claim to the conclusion of a user contract.
4.7 After the User has verified himself by clicking on the link in the confirmation e-mail and the User account has been activated by buycycle, the User must enter a valid delivery or shipping address and can add further information as well as a profile picture.
4.8 The creation of a user account is only possible by providing a current e-mail address of the user. This e-mail address is also used for communication with buycycle.
4.9 The User warrants that the data used to create his profile (hereinafter referred to as "Profile Data") is true and complete. He is obliged to keep his data up to date at all times and to update his data in his user account in case of changes. The use of pseudonyms is not permitted.
4.10. With the registration the user creates a password for his user account. The user can change the password at any time in his user account. The user may not disclose or make accessible the password to third parties and must keep it safe to avoid misuse.
4.11. Each User may only register once for private and/or business use of the buycycle services. A user account is not transferable to other users.
4.12. The User may correct his/her entries made in the online registration process at any time before submitting his/her registration using the usual keyboard and mouse functions.
4.13. buycycle stores the contractual provisions including the GTC upon conclusion of the contract in compliance with data protection and sends them to the User in text form (by e-mail) after the User has sent his order.
4.14. The contract is concluded in German and English.
4.15. The User has to ensure that the e-mail address given by him for the registration process is correct, so that e-mails sent by buycycle can be received under this address. In particular, when using SPAM filters, the User has to ensure that all e-mails sent by buycycle or third parties commissioned by buycycle with the order processing can be delivered.
5. right of withdrawal for the use of buycycle's marketplace
5.1 As a consumer, the private buyer is entitled to a fourteen-day right of revocation for the use of buycycle's marketplace in accordance with the statutory provisions.
5.2 Further information on the right of revocation can be found in the buycycle revocation policy.
Consumers have a fourteen-day right of revocation.
Right of revocation
You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day of the conclusion of the contract in the case of contracts for services or from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods or has in the case of contracts for the delivery of goods.
To exercise your right of withdrawal, you must inform us (TFJ Buycycle GmbH, Ansbacher Str. 5, 80796 Munich, Germany, e-mail: firstname.lastname@example.org, telephone: + 49 (0) 172 - 4582838) by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
If you have requested that the services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the point in time at which you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
In the case of contracts for the supply of goods, we may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
Exclusion or premature expiry of the right of withdrawal
The right of withdrawal does not apply to contracts for the provision of services in the areas of accommodation for purposes other than residential purposes, transportation of goods, motor vehicle rental, delivery of food and beverages, as well as for the provision of other services in connection with leisure activities, if the contract provides for a specific date or period for the provision.
The right of withdrawal does not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.
The right of withdrawal expires prematurely if we have provided the service in full and have only begun to provide the service after you have given your express consent to this and at the same time have confirmed your knowledge that you lose your right of withdrawal upon complete fulfillment of the contract by us.
- End of the cancellation policy -
Sample cancellation form
If you wish to revoke the contract, please fill out and return this form.
TFJ Buycycle GmbH
Ansbacher Str. 5
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on ___________________ (*) / received on ____________________ (*)
Name of consumer(s) _________________________________________
Address of consumer(s) _______________________________________
Signature of consumer(s) (only in case of paper communication) _____________
(*) Delete where not applicable.
6. collection and delivery
6.1 The buyer has in principle the possibility to collect the racing bike from the seller, unless the seller has expressly excluded this. In the event of a self-collection, the Seller shall first inform the Buyer within ten (10) working days by e-mail that the racing bike ordered by him is ready for collection. Upon receipt of this e-mail, the Buyer may pick up the road bike at the Seller's registered office by arrangement. In this case, no shipping costs will be charged.
6.2 The delivery of racing bikes is carried out by insured shipping to the delivery address specified by the Buyer, unless otherwise agreed between the parties. The delivery address of the Buyer specified during the order in the marketplace is decisive.
6.3 After conclusion of the contract, the Seller will be provided with a sustainable shipping box for shipping the sold road bike by buycycle via a shipping service provider. The seller is obliged to pack the road bike ready for shipment within five (5) days and to arrange a pick-up date with the shipping service provider.
7. prices, shipping costs, service fee and terms of payment
7.1 After successful conclusion of the contract with the seller and purchase of a racing bike via the buycycle marketplace, the buyer is obligated to pay the agreed purchase price plus shipping and transport costs as well as a service fee for the use of the buycycle services via the payment system of the marketplace to buycycle as the collector of the payment.
7.2 Unless otherwise stated in buycycle's offer, the stated service fee is a total price. Unless otherwise agreed between the parties, the amount of the service fee is based on buycycle's price list valid at the time of the conclusion of the contract and listed below:
Cost to Buyer:
Cost to Seller:
7.3. buycycle reserves the right to adjust the service fee in the future to maintain the price-performance ratio at its reasonable discretion, in order to be able to react appropriately to cost increases or decreases and changing cost situations that cannot be compensated in any other way. The cost elements or adjustment measures to be taken into account for the fee adjustment may be the modification, expansion and/or adjustment of the contractual usage options of the buycycle marketplace, administrative and overhead costs (rent, financing and transaction costs, personnel and service provider costs, energy and Internet access costs, IT development costs, etc.) as well as government-imposed taxes, fees, contributions and other levies. All fee adjustments shall apply one (1) month after notification. The Buyer's right to terminate the contract pursuant to clause 17.5. of these GTC shall remain unaffected.
7.4 The payment of the purchase price plus the shipping and transport costs as well as the service fee is made to buycycle via the payment system of the marketplace. The Buyer can pay with the payment service "Stripe". Within the framework of the Stripe payment service, buycycle offers the Buyer various payment methods via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). The individual payment methods offered via Stripe will be communicated to the Buyer in the buycycle marketplace. For the processing of payments, Stripe may use other payment services, for which special payment conditions may apply, to which the Buyer may be informed separately. If the payment is not honored due to a lack of sufficient funds in the account or due to the provision of incorrect bank details, or if the Buyer objects to the direct debit although he is not entitled to do so, the Buyer shall bear the fees incurred by the reversal of the respective credit institution if he is responsible for this. Further information on Stripe is available on the Internet at https://stripe.com/de/payments/payment-methods-guide#zahlungsarten or https://stripe.com/payment-terms/legal.
7.5 The buyer is only entitled to set-off rights if his counterclaims are legally established or undisputed with the main claim of buycycle mutually linked or recognized by the latter.
7.6 If the buyer is an entrepreneur, a right of retention of the buyer is excluded, unless the counterclaim of the buyer comes from the same contractual relationship and is undisputed or legally determined. A written notification to buycycle is required to assert the right.
7.7 If it becomes apparent after conclusion of the contract (e.g. by filing for insolvency proceedings) that buycycle's claim to the service fee is endangered by the Buyer's lack of ability to pay, buycycle is entitled to refuse performance in accordance with the statutory provisions and - if necessary after setting a deadline - to withdraw from the contract (§ 321 BGB).
8. payment of the purchase price to the seller
8.1. buycycle undertakes, after successful contract and payment processing with the Buyer, to pay the Seller the paid purchase price of the Buyer less shipping and transport costs as well as a service fee for the use of the marketplace of buycycle. The revenues for entrepreneurs are in EURO and are net prices plus the statutory sales tax applicable on the day of invoicing. The revenues for consumers are in EURO and are gross prices including the statutory VAT applicable on the day of invoicing.
8.2 Payment processing and payment of the purchase price between the seller and buycycle takes place via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). buycycle uses Stripe Connect for payment processing. Stripe Connect is programmable APIs and tools that allow sellers to accept payments through buycycle's marketplace. In order to use Stripe Connect, the seller is required to register with Stripe Connect. After the buyer places an order in the online store, buycycle prompts Stripe to initiate the payment transaction. Stripe collects the purchase price due on behalf of the seller from the buyer's payment instrument and holds the purchase price in a non-interest bearing escrow account. For this purpose, the seller sets up its own escrow account with Stripe. The payment of the purchase price minus the shipping and transport costs as well as the service fee is automatically carried out by Stripe to the seller after the shipping service provider has picked up the road bike from the seller. Further information about Stripe is available on the Internet at https://stripe.com/de/connect, https://stripe.com/de/privacy or https://stripe.com/payment-terms/legal.
8.3 In all other respects, clauses 7.5 and 7.6 of these GTC apply accordingly.
9 General obligations of the User to cooperate
9.1 The user may only use the marketplace within the scope of the contractually stipulated private and business purposes without the express permission of buycycle. The User is prohibited from any improper use beyond this purpose.
9.2 In the event that the contents contain hyperlinks to third party sites, the User warrants that he is authorized to use the hyperlink and that the website to which the link is made ("landing page") is compatible with applicable law and third party rights.
9.3 The user is obliged to handle the log-in data with care. Without exception, the user is prohibited from disclosing the log-in data to third parties and/or allowing third parties to access the profile by circumventing the log-in data.
9.4 The user is obligated to cooperate in the clarification of attacks by third parties on the marketplace, insofar as this cooperation by the user is necessary.
9.5 The user must refrain from any activity that is likely to impair and/or excessively burden the operation of the marketplace or the technical infrastructure behind it. This includes in particular
the use of software, scripts or databases in connection with the use of the marketplace;
the automatic reading, blocking, overwriting, modifying, copying of data and/or other content, unless this is necessary for the proper use of the marketplace.
9.6 Furthermore, the user must ensure that the information and data transmitted via the marketplace are not infected with viruses, worms or Trojan horses.
9.7 Furthermore, the following actions of the user in particular are prohibited and are considered as misuse of the marketplace:
Publication of own or third party telephone numbers, internet addresses or other contact details in the text area or in direct communication;
systematic reading of other users' contact details for the purpose of passing them on to third parties;
unreasonable harassment of other users through aggressive, obscene, insulting, defamatory or intrusive forum posts or messages;
inciting other users to misuse the marketplace;
extensive or permanent use of the marketplace for the publication and dissemination of content that does not factually correspond to the purpose or subject area of the marketplace or its blogs and forums and that may impair the attractiveness of the marketplace for other users;
the use of other people's identities for registration, posting of contributions or sending of messages.
9.8 Should there be any disturbances in the use of the marketplace or its functionalities, the User shall inform buycycle of this disturbance without delay. The same applies if the User obtains information about content published by third parties that obviously violates applicable law or the rights of third parties.
10. obligations to cooperate of the user with regard to the posting of content
10.1 The User undertakes not to place any illegal content on the storage space provided which violates the law, official requirements or the rights of third parties.
10.2 The user commits to buycycle that any content placed on the marketplace does not violate applicable law or morality, neither through its content nor its form. Furthermore, the User is prohibited from posting content that violates the rights, in particular trademark, patent, other industrial property rights or trade secrets of third parties. The same applies to the setting of external links.
10.3 As far as the contents provided by the User violate applicable law, morality, legal or official prohibitions, buycycle may refuse the respective processing orders. A violation exists in particular in the case of the provision of contents which concern, represent or contain the following:
Racism, xenophobia and discrimination;
Youth endangerment and/or glorification of violence and extremism of any kind;
Calls and incitement to commit crimes and violations of the law, threats against life, limb or property;
incitement against persons or companies;
statements that violate personal rights, slander, defamation and defamation of users and third parties;
copyright infringing content or other infringements of intellectual property rights as well as violations of fair trading laws;
sexual harassment of users and third parties;
offensive, sexist, obscene, pornographic, vulgar, abusive or disgusting materials and expressions.
10.4 Content protected by copyright may only be included in contributions without the consent of the respective rights holder within the scope of the applicable quotation law. Quotations are to be marked by highlighting them using the quotation function and indicating the source, and must refer to the quoted work in terms of thought. Foreign-language quotations must also be translated into German to the extent that the content is roughly evident. In particular, incorrectly quoted contributions can be removed or corrected by the moderators. The distribution and/or public reproduction of any content of the marketplace without buycycle's consent is prohibited.
10.5. buycycle reserves the right to block external contents if they are punishable according to the applicable laws or if they are recognizably used for the preparation of punishable acts.
10.6. buycycle is entitled to delete the advertisement or other contents posted by the User or not to publish advertisements or other contents, if there are concrete indications that contents of the advertisement violate these GTC or legal requirements, or that the User has otherwise culpably violated contractual obligations. buycycle is entitled to warn the User in case of a violation of clauses 9. and 10. and/or to temporarily or permanently exclude the User from the use of the marketplace and will, if necessary, initiate civil and criminal proceedings. Under no circumstances do the contents of the User represent the opinion of buycycle and buycycle does not adopt these as its own.
10.7 If a User has violated these GTC and the user contract with the User has been terminated, the User is no longer entitled to use the marketplace or to register for it again. Furthermore, the User is not entitled to use the marketplace with another user account.
10.8 If the User is a Seller, the following shall apply in addition: The Seller undertakes to provide complete, truthful and transparent information on the condition of the racing bicycles in the advertisements for sale. In addition, the Seller undertakes to offer for sale via the buycycle marketplace only those racing bicycles of which he is the owner or has been authorized to sell by the respective owner and the respective racing bicycle is not encumbered with any security interests. buycycle may, if necessary, demand information and documents from the Seller that are required to prove his ownership rights or other authorizations to sell.
10.9 If the seller is a consumer or private seller, the following applies in addition: If the seller specifies the "exclusion of warranty" in his sales advertisement, this will have no effect on the warranty rights of the buyer if the condition of the road bike described in the sales advertisement actually deviates.
10.10. If the seller is an entrepreneur, the following shall apply in addition: The seller undertakes, within the scope of the creation and publication of sales advertisements, to clearly and completely indicate the validity and retrievability of its contracts or general terms and conditions, if any, revocation policy and data protection statement, as well as to indicate its imprint. The publication of sales advertisements is not permitted without complying with the legal information requirements for sellers and without indicating any existing contracts or general terms and conditions, cancellation policy, data protection policy and imprint.
buycycle offers technical support to the Users from Monday to Friday (with the exception of public holidays at the registered office of buycycle) in the period from 08:00 - 18:00. buycycle will answer inquiries of the Users in text form (by e-mail).
12. rights of use
12.1 The User grants buycycle a spatially and temporally unlimited, irrevocable, non-exclusive, royalty-free right, transferable to third parties, to exploit the content posted in the online offer. buycycle is entitled to use, edit and exploit the content at any time. This includes in particular the right of reproduction, the right of distribution and the right of public reproduction, in particular the right of public access. In this respect, the user waives the exercise of his right to use his name, without thereby waiving his right to acknowledge authorship altogether. This provision shall not affect the user's option to grant third parties rights to posted content in accordance with certain licensing models.
12.2 All rights to the contents of the marketplace belong to buycycle. The User is prohibited from copying, distributing and/or publishing content that buycycle, other Users or third parties have placed in the marketplace.
12.3. buycycle is entitled to delete or deactivate the contents posted by the User if they violate the rights of third parties or if third parties assert claims due to a violation of rights, the justification of which cannot be obviously excluded.
12.4 If buycycle becomes aware of a possible infringement of rights by the User's content, buycycle will immediately notify the User in text form.
13 Liability and indemnification
13.1 With regard to the services provided by buycycle, buycycle, its legal representatives and its vicarious agents are only liable in case of intent or gross negligence.
13.2 In case of breach of essential contractual obligations, buycycle is also liable in case of simple negligence, but limited to the foreseeable, contract-typical damage.
13.3 Essential contractual obligations are those obligations that the contract imposes on buycycle according to its content to achieve the purpose of the contract, whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the user may regularly rely (so-called cardinal obligations). Claims for damages arising from injury to life, limb or health and under the Product Liability Act shall remain unaffected by the foregoing limitations.
13.4 Any further liability of buycycle is excluded.
13.5 The User indemnifies buycycle and its employees or agents in the event of claims for alleged or actual infringement and/or violation of third party rights by actions taken by the User in connection with the use from all resulting claims of third parties, unless the claims and liability are at least predominantly buycycle's responsibility. buycycle is predominantly responsible for damages that have been causally caused by buycycle's right to give instructions according to this contract. In all other respects § 254 BGB applies. The User shall inform buycycle without delay if third parties assert claims against buycycle that fall under the aforementioned indemnification obligation. The User is obligated to immediately provide buycycle with all information available to him regarding the matter in question completely, truthfully and without delay in text form. Possible claims of buycycle beyond this remain unaffected.
13.6 In addition, the User agrees to reimburse all costs incurred by buycycle as a result of third party claims. Reimbursable costs also include the costs of an appropriate legal defense.
14 Liability for defects and warranties
14.1 The seller is liable for material defects or defects of title of the delivered racing bike according to the applicable legal regulations, especially §§ 434 ff. BGB.
14.2 The limitation period for statutory claims for defects in the case of the purchase of used goods shall be one (1) year from the date of delivery of the goods.
14.3 The basis for the Seller's liability for defects is above all the agreement reached on the condition of the racing bike. The agreement on the condition of the racing bike is considered to be all product descriptions and manufacturer specifications that are the subject of the individual contract or were publicly announced by the seller on the marketplace of buycycle at the time of the conclusion of the contract.
14.4. buycycle supports the buyer within the framework of the so-called buyer protection in the enforcement of any warranty claims against the seller, especially in the case of non-performance or poor performance or delivery, the significant deviation of the road bike condition from the product description of the seller or in the case of withdrawal, provided that the buyer notifies buycycle within 48 hours of non-performance or poor performance or delivery or the buyer asserts a right of withdrawal to which he is entitled. In the event of a justified assertion of any claims, buycycle will collect the amount owed by the seller via the payment service provider Stripe or offset it against any future payouts as defined in clause 8 of these GTC. buycycle will make the refund of the full or partial purchase price to the buyer on behalf of the seller. Unless otherwise agreed between the parties, buycycle will refund the amount owed by the seller to the buyer using the same means of payment that the buyer used to pay the agreed purchase price. Further information on customer protection can be found in the sales advertisements of the respective racing bikes.
14.5. buycycle asserts any claims for defects for the buyer against the seller. The buyer assigns his claims for defects for the assertion against the seller, if these are sufficiently determined, to buycycle in advance.
15 Personal data, data protection and copyrights
15.2 The use of the marketplace makes the collection, processing and use of personal data by buycycle unavoidable. buycycle assures to handle all stored data with care and to process it exclusively within the scope of the User's consent under data protection law. Any further use of personal data by buycycle will only take place if this is legally permissible or if the User has given his prior consent.
15.3 The User further agrees that buycycle may use personal data of the User for direct marketing purposes. This includes contacting the User by e-mail for advertising purposes.
15.4 In all other respects, the statutory data protection provisions apply, in particular the German Data Protection Regulation (DS-GVO), the German Federal Data Protection Act (BDSG-neu) and the German Telemedia Act (TMG).
16. force majeure
16.1 buycycle is released from the obligation to perform under this contract if and to the extent that the non-performance of services is due to the occurrence of circumstances of force majeure after the conclusion of the contract.
16.2 Force majeure circumstances include, for example, war, strikes, riots, expropriations, acts of God, pandemics, cardinal changes in law, storms, floods and other natural disasters as well as other circumstances beyond buycycle's control, in particular water ingress, power failures and interruptions or destruction of data-carrying lines.
16.3. buycycle will immediately inform the User about the occurrence of a case of force majeure in an appropriate form.
17. contract term and termination
17.1 The contract of use is concluded for an indefinite period of time and can be terminated by either party with a notice period of two (2) weeks without giving reasons.
17.2 The termination must be in text form (by e-mail) or can be declared impliedly by deactivation of the user account by the user. In the event of termination, the User's profile will be deleted. The User is obligated to independently backup and export data (especially customer data, invoices, etc.) prior to termination of the contract.
17.3 In addition, buycycle will exercise its right of ordinary termination and deletion of the user account if the user has not logged in for at least one (1) year and has not responded to a reminder message.
17.4 The right of each contracting party to terminate the contract without notice for good cause remains unaffected. An important reason exists if the terminating party cannot be expected to continue the contractual relationship until the agreed termination or until the expiration of a notice period, taking into account all circumstances of the individual case and weighing the interests of both parties.buycycle is entitled, in addition to the notice of termination without notice, to terminate the user contract without notice if an important reason exists. An important reason exists in particular if the User
persistently and seriously violates his contractual obligations (clause 9. and clause 10.);
culpably and seriously violates legal regulations when using the marketplace.
18. alternative dispute resolution
18.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr. This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
18.2 buycycle is not obligated or willing to participate in a dispute resolution procedure before a consumer arbitration board / universal arbitration board.
19. change of the general terms and conditions
19.1 buycycle reserves the right to change these GTC at any time without giving reasons, unless this is unreasonable for the User. buycycle will inform the User about changes to the GTC in text form in due time. If the User does not object to the validity of the new GTC within a period of four (4) weeks after notification, the amended GTC shall be deemed accepted by the User. buycycle shall inform the User in the notification of his right to object and the significance of the objection period. If the User objects to the changes within the aforementioned period, the contractual relationship shall continue to exist under the original conditions.
19.2. buycycle furthermore reserves the right to change these GTC,
as far as he is obliged to do so due to a change in the legal situation;
as far as he thereby complies with a court decision or an authority decision directed against him;
insofar as he introduces additional, completely new services, services or service elements which require a service description in the General Terms and Conditions, unless the previous user relationship is changed to a disadvantage as a result;
if the change is merely advantageous for the user; or
if the change is purely technical or procedural, unless it has a significant impact on the User.
19.3 The parties' right of termination shall remain unaffected.
20 Final Provisions
20.1 These GTC and the contractual relationship between the parties shall be governed by the laws of the Federal Republic of Germany, excluding international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
20.2 If the User is a consumer and has no general place of jurisdiction in Germany or in another EU member state, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of buycycle in Munich.
20.3 If the User is a merchant within the meaning of the German Commercial Code, an entrepreneur within the meaning of § 14 of the German Civil Code, a legal entity under public law or a special fund under public law, the exclusive - also international - place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is the registered office of buycycle in Munich. buycycle is also entitled in all cases to bring an action at the place of performance of the service obligation in accordance with these GTC or a prior individual agreement or at the general place of jurisdiction of the User. Overriding statutory provisions, in particular regarding exclusive jurisdiction, remain unaffected.