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Terms and Conditions

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 of application 

1.1 The following general terms and conditions apply to all contracts between the 

TFJ Buycycle GmbH
Ansbacher Str. 5
80796 Munich
Tel.: +49 89 628 24621
E-Mail: info@buycycle.de

Internet: https://www.buycycle.de/

VAT ID No.: DE341044568 

Managing Directors: Theodor Golditchuk, Florian Senoner, Jonas Jaeger

Registered office of the company: Munich

Register Court:Munich

RegisterNumber: HRB 263786 

(hereinafter referred to as "buycycle") and the sellers (hereinafter referred to as "seller") and interested parties (hereinafter referred to as "buyer", together with buycycle also referred to as "parties"). Sellers and buyers are also referred to in the following as "users" of the marketplace accessible 

via 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 can predominantly be attributed neither to his commercial nor to his independent professional activity. 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 users 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 as a seller and then to offer them for payment or as a buyer to search for and purchase racing bicycles in a database. The shipping of the racing bikes is carried out by a shipping service provider named by buycycle. 

2.2. buycycle itself does not currently offer racing bikes for sale on the marketplace, but reserves the right in individual cases to purchase bikes itself in order to sell and/or lease them at a later date. In this case, however, buycycle submits to these GTC as a buyer and purchases the racing bikes at the same conditions as the "normal" buyers with the proviso that no shipping fees are incurred. 

2.3 The subject of this contract is accordingly the provision of a worldwide accessible market place for offering or searching for racing bicycles and their subsequent dispatch. 

2.4 Any initiation of contracts via the marketplace and/or contractual relations regarding the purchase of used bicycles are exclusively between 

 

the users themselves. buycycle is not liable for the proper execution of any purchase contracts between users. 

2.5. buycycle offers buyers and sellers a customer service 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 bikes (hereinafter referred to as "sales 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 sales 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 an ad for sale only takes 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, to which he can react within 24 hours and indicate whether an intermediate sale has taken place or whether he would like to accept the buyer's offer. 

3.3 If the User is a buyer, he can view published sales ads on the buycycle marketplace after successful registration and admission. For this purpose, the buyer has the possibility to view all sales ads published on the buycycle marketplace or to perform a "structured search" according to certain criteria of a road bike. The buyer can find all information about the racing bike, its price plus possible additional costs (shipping and transport costs, service fee and terms of payment) as well as about the rights against the seller. In addition, the customer can make individual comments on sales advertisements of sellers who are not private sellers and ask questions 

about the racing bikes or view questions and answers already asked by other users. Furthermore, the customer can view profiles of sellers who are not private sellers. 

3.4 For entrepreneurs, the following applies in addition: The creation and publication of sales advertisements and compliance with legal conformity are the sole responsibility of the seller. The publication of sales advertisements is only possible in compliance with the legal information obligations for sellers and the use of the seller's own, possibly existing, contracts or general terms and conditions, cancellation policy, privacy policy and imprint. 

3.5 The contract and payment processing between the users 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"). Within the framework of the payment provider Stripe, buycycle offers various payment methods. During the order process, the buyer is redirected from buycycle's marketplace to Stripe's website. After entering his payment details 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 the event 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 retaining the contractual usage options. 

3.7. buycycle is entitled to block access to individual content or to the marketplace at any time, e.g. if there is suspicion that users violate 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 non-availability 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. Furthermore, buycycle can 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 contract of use 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") results 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 via a person authorised to represent the legal person. Only users who are of age and legally competent may 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 the consent of a legal representative. 

4.5 The contract with buycycle for the use of the marketplace is concluded by completing the online registration process and then clicking on 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 info@buycycle.de."). 

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 contract of use. 

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 assures that the data used to create his profile (hereinafter referred to as "profile data") are 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 the event of changes. The use of pseudonyms is not permitted. 

4.10. Upon 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 the password accessible to third parties and must store it carefully in order 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 can correct his entries made in the online registration process at any time before submitting his registration using the usual keyboard and mouse functions. 

4.13. buycycle stores the contract terms including the GTC at the conclusion of the contract in compliance with data protection and sends them to the user in text form (by e-mail) after sending his order. 

4.14. The contract shall be concluded in German and English. 

4.15. The User must ensure that the e-mail address provided by him for registration processing is correct, so that e-mails sent by buycycle can be received at this address. In particular, when using SPAM filters, the User must ensure that all e-mails sent by buycycle or third parties commissioned by buycycle with order processing can be delivered. 

5. collection and delivery 

5.1 In principle, the Buyer has the option of collecting the racing bike from the Seller, unless the Seller has expressly excluded this. In the event of 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 headquarters by appointment. In this case, no shipping costs will be charged. 

5.2 The delivery of racing bicycles shall be made 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. 

5.3 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 collection date with the shipping service provider. 

6. prices, shipping costs, service fee and terms of payment 

6.1 After the successful conclusion of the contract with the seller and the purchase of a racing bike via the buycycle marketplace, the buyer is 

obliged to pay the agreed purchase price plus the 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. 

6.2 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 the buycycle price list valid at the time of the conclusion of the contract and listed below: 

Cost to buyer: 

Transportation costs: 

o Packing: 20€ 

o Shipping: 50€ 

Service Charges: 

o Buyer protection: 30€
o Premiumcheck (Optional): 250€
o Payment fee: 1,5% of the total amount 

Vendor Costs: 

None 

6.3. buycycle reserves the right to adjust the costs according to 6.2 in the future in order to maintain the price-performance ratio at its reasonable discretion, in order to be able to react appropriately to cost increases or decreases and thus 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 marketplace of buycycle, 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 of termination pursuant to clause 17.5. of these GTC shall remain unaffected. 

6.4 The payment of the purchase price plus the costs according to 6.2 (in any case buyer protection and service fee) is made via the payment system of the marketplace to buycycle. 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 can make use of further payment services, for which special payment conditions may apply, to which the buyer will be informed separately if necessary. If the payment is not honoured 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. 

6.5 The buyer is only entitled to offsetting rights if his counterclaims are legally established or undisputed with the main claim of buycycle mutually linked or recognized by the latter. 

6.6 If the buyer is an entrepreneur, a right of retention of the buyer is excluded, unless the counterclaim of the buyer originates from the same contractual relationship and is undisputed or legally established. A written notification to buycycle is required to assert the right. 

6.7 If it becomes apparent after conclusion of the contract (e.g. by application for opening of 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 according to the legal regulations and - if necessary after setting a deadline - to withdraw from the contract (§ 321 BGB). 

7. payment of the purchase price to the seller 

7.1. buycycle commits itself after successful contract and payment processing with the buyer to pay the seller the paid purchase price of the buyer minus the costs according to 6.2 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. 

7.2 The 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 from the buyer's payment instrument on behalf of the seller 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 less the costs as per 6.2 will be made automatically by Stripe to the Seller after the shipping service provider has collected the Road Bike from the Seller. For more information about Stripe, please visit https://stripe.com/de/connect, https://stripe.com/de/privacy or https://stripe.com/payment-terms/legal. 

7.3 In all other respects, Sections 7.5 and 7.6 of these General Terms and Conditions shall apply accordingly. 

8 General obligations of the user to cooperate 

8.1 The user may use the marketplace without the express permission of buycycle only in the context of the contractually required private and business purposes. Any misuse beyond this purpose is prohibited. 

8.2 In the event that the Content contains hyperlinks to third party sites, the User warrants that he/she is authorized to use the hyperlink and that the website to which the link is made ("Landing Page") is in compliance with applicable law and third party rights. 

 

8.3 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. 

8.4 The user is obliged to cooperate in the clarification of attacks by third parties on the marketplace, insofar as this cooperation by the user is necessary. 

8.5 The user must refrain from any activity that is likely to impair the operation of the marketplace or the technical infrastructure behind it and/or to place an excessive burden on 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, modification, copying of data and/or other content, insofar as this is not necessary for the proper use of the marketplace. 

8.6 Furthermore, the user must ensure that the information and data transmitted via the marketplace are not infected with viruses, worms or Trojan horses. 

8.7 Furthermore, the following actions of the user in particular are prohibited and are deemed to be 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; 

●  systematically reading the contact details of other users 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 which may impair the attractiveness of the marketplace for other users; 

●  the use of other people's identities for registration, posting or sending messages. 

8.8 Should there be any disturbances in the use of the marketplace or its functionalities, the user will immediately inform buycycle of this disturbance. 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. 

9. the user's duty to cooperate with regard to the posting of content 

9.1 The user undertakes not to store any illegal content or content that violates the law, official regulations or the rights of third parties on the storage space provided. 

9.2 The user commits himself to buycycle that any content posted in 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. 

9.3 Insofar as the contents provided by the User violate applicable law, morality, legal or official prohibitions, buycycle may refuse the corresponding processing orders. A violation exists in particular in the case of the transfer of contents which concern, represent or contain the following: 

●  Unconstitutionality; 

●  Racism, xenophobia and discrimination; 

●  Youth endangerment and/or glorification of violence and extremism 

of any kind; 

●  incitement and instigation to commit criminal offences and 

breaches of the law, threats against life, limb or property; 

●  Hate 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, vile or disgusting 

material and expression. 

9.4 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 using the quotation function and by citing the source and must refer to the quoted work. Quotations in foreign languages must also be translated into German to the extent that the content is roughly evident. In particular, incorrectly quoted contributions may be removed or corrected by the moderators. The distribution and/or public reproduction of any content of the marketplace without the consent of buycycle is prohibited. 

9.5. buycycle reserves the right to block external contents if they are punishable according to the valid laws or serve recognizably for the preparation of punishable actions. 

9.6. buycycle is entitled to delete the advertisement or other content posted by the User or not to publish advertisements or other content if there are concrete indications that the content of the advertisement violates these General Terms and Conditions or legal requirements, or that the User has otherwise culpably violated contractual obligations. buycycle is entitled to warn the User in the event of a violation of clauses 9. and 10. and/or to temporarily or permanently exclude the User from using the marketplace and, if necessary, will initiate civil and criminal proceedings. In no case do the contents of the user represent the opinion of buycycle and buycycle does not adopt them as its own. 

9.7 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. 

9.8 If the User is a Seller, the following applies in addition: The Seller undertakes to provide complete, truthful and transparent information on the condition of the racing bikes in the advertisements for sale. Furthermore, the seller is obliged to offer for sale only those racing bicycles via the buycycle marketplace which he owns or which he has been authorised to sell by the respective owner and the respective racing bicycle is not encumbered with any security interests. buycycle may demand information and documents from the seller which are necessary to prove his ownership rights or other authorisations to sell. 

9.9 If the seller is a consumer or a private seller, the following shall apply in addition: If the seller stipulates the "exclusion of warranty" in his sales advertisement, this shall have no effect on the buyer's warranty rights if the condition of the racing bike described in the sales advertisement actually deviates. 

9.10. If the Seller is an entrepreneur, the following shall apply in addition: The Seller undertakes, within the framework of the creation and publication of sales advertisements, to make clear and complete reference to the validity and retrievability of any existing contracts or general terms and conditions, cancellation policy and data protection declaration, and to provide its imprint. The publication of sales advertisements is not permitted without complying with the statutory information obligations for sellers and without indicating any existing contracts or general terms and conditions, cancellation policy, data protection declaration and imprint. 

10. support 

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 time period from 08:00 - 18:00 o'clock. buycycle will answer inquiries of the users in text form (by e-mail). 

11. rights of use 

11.1 The User grants buycycle a spatially and temporally unlimited, irrevocable, non-exclusive, gratuitous 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 duplication, the right of distribution and the right of public reproduction, in particular the right of making available to the public. 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 does not affect the user's option to grant third parties rights to posted content in accordance with certain licensing models. 

11.2 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. 

11.3. 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. 

11.4 If buycycle becomes aware of a possible infringement of rights by the contents of the user, it will immediately inform the user in text form. 

12 Liability and indemnification 

12.1 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. 

12.2 In the event of a breach of material contractual obligations, liability shall also exist in the event of simple negligence, but shall be limited to the foreseeable damage typical for the contract. 

12.3. essential contractual obligations are such obligations, which the contract of buycycle imposes according to its content to achieve the purpose of the contract, whose fulfillment enables the proper execution of the contract 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 as well as under the Product Liability Act remain unaffected by the above limitations. 

12.4. buycycle is not liable for the rest. 

12.5 The User indemnifies buycycle and its employees or agents in the event of claims due to alleged or actual infringement and/or violation of third party rights by actions taken by the User in connection with the use of buycycle 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 which have come about causally due to its rights of instruction according to this contract. In all other 

respects § 254 BGB applies. The User shall inform buycycle immediately if third parties assert claims against buycycle which fall under the aforementioned indemnification obligation. The User is obligated to inform buycycle immediately in text form, completely, truthfully and without delay, of all information available to him concerning the matter in question. Any further claims of buycycle remain unaffected. 

12.6 In addition, the user agrees to reimburse all costs incurred by buycycle due to claims by third parties. Reimbursable costs also include the costs of a reasonable legal defense. 

13 Liability for defects and guarantees 

13.1 The seller is liable for material defects or defects of title of the delivered racing bike according to the applicable statutory provisions, in particular §§ 434 et seq. BGB. 

13.2 The limitation period for statutory claims for defects in the purchase of used goods is one (1) year from the delivery of the goods. 

13.3 The basis of the seller's liability for defects is primarily the agreement made about the condition of the racing bike. All product descriptions and manufacturer specifications that are the subject of the individual contract or were publicly announced by the seller on the buycycle marketplace at the time of the conclusion of the contract are considered to be an agreement on the condition of the racing bike. 

14.buyer protection 

14.1. buycycle supports the buyer in the context 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. A size that does not fit is not a reason for rescission. 

14.2.object of the buyer protection is insofar an examination by buycycle as to whether there is actually a defect in the subject matter of the contract For this purpose, the buyer can first send the object of the contract to buycycle at his own expense, which will be checked there for the alleged defect. 

14.3. If a defect turns out, buycycle will contact the seller and clarify whether a rescission is accepted or a - possible - repair should be carried out by buycycle at the seller's expense. If the seller decides for a rescission, he will get back the object of the contract against payment of a shipping fee. 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 section 8. of these GTC. buycycle will refund 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 used by the buyer to pay the agreed purchase price. Further information on customer protection can be found in the sales advertisements of the respective racing bikes. 

14.4 As an alternative to rescission, the Seller may also choose to have the goods repaired at its own expense by buycycle, provided that the originally agreed quality of the subject matter of the contract can be achieved in this way. 

14.5. If it should turn out after examination by buycycle that no lack is present, buycycle communicates this to the buyer and sends him the subject matter of the contract against payment of a dispatch lump sum back. 

14.6 After 48 hours after the agreed or actual delivery date, the buyer protection no longer applies. 

15.premium check 

15.1 In addition to the buyer protection always integrated in the services of buycycle according to clause 15, buycycle offers the so-called Premiumcheck. 

15.2 If the Buyer books this service, the subject matter of the contract will not be sent directly to the Buyer after agreement with the Seller, but first to buycycle. In cooperation with a partner workshop, buycycle shall carry out 

a functional check of the contractual item and repairs up to an amount of EUR 15.00. If defects are discovered during the functional check that require more extensive repairs, the Buyer shall be informed of these. If the functional check reveals defects that require more extensive repairs, and if these were not described in the offer, buycycle will inform the seller and offer to carry out the necessary repairs at the seller's expense. If the seller refuses the repairs, buycycle sends the object of the contract back to the seller at the expense of the seller. Any payments already made by the buyer will be refunded to him. In this respect, Clause 15.3 applies accordingly. 

15.3 The buyer always receives a summary protocol of the premium check. 

16. personal data, data protection and copyrights 

16.1 The user hereby consents to the storage of the personal data entered by him. This also applies to the storage of IP addresses, which are transmitted each time the marketplace is used. The user agrees in particular to the presentation of personal data entered by him in his profile display within the marketplace for other users of the marketplace and third parties who are not users of the marketplace. Further details can be found in the buycycle privacy policy. 

16.2 The use of the marketplace makes the collection, processing and use of personal data by buycycle unavoidable. buycycle assures to handle all stored data carefully and to process it exclusively within the scope of the user's data protection consent. Any further use of personal data by buycycle only takes place if this is legally permissible or if the user has agreed in advance. 

16.3 The user also agrees that buycycle may use personal data of the user for direct marketing purposes. This includes the advertising approach of the User by e-mail. 

16.4 In all other respects, the statutory data protection provisions shall apply, in particular the German Data Protection Regulation (DS-GVO), the new version of the German Federal Data Protection Act (BDSG-neu) and the German Telemedia Act (TMG). 

Force majeure 

17.1. 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. 

17.2 Circumstances of force majeure include, for example, war, strikes, riots, expropriations, acts of God, pandemics, cardinal changes in the law, storms, floods and other natural disasters as well as other circumstances for which buycycle is not responsible, in particular water ingress, power failures and interruptions or destruction of data-carrying lines. 

17.3. buycycle will immediately inform the user about the occurrence of a case of force majeure in an appropriate form. 

20. contract duration and termination 

20.1 The user agreement is concluded for an indefinite period and may be terminated by either party with two (2) weeks' notice without stating reasons. 

20.2 The termination requires text form (by e-mail) or can be declared implied by deactivation of the user account by the user. In the event of termination, the user's profile will be deleted. The User is obliged to independently back up and export data (in particular customer data, invoices, etc.) prior to termination of the contract. 

20.3 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. 

20.4 The right of each contracting party to terminate the contract without notice for good cause shall remain 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 to terminate the 

user contract without notice if an important reason exists. An important reason exists in particular if the user 

●  persistently and seriously breaches his contractual obligations (clauses 9. and 10.); 

●  culpably and seriously violates legal regulations when using the marketplace. 

● 

21. alternative dispute resolution 

21.1 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. 

21.2 buycycle is not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board / universal arbitration board. 

22 Amendment of the GTC 

22.1. buycycle reserves the right to change these GTC at any time without giving reasons, unless this is unreasonable for the User. buycycle will notify the User of 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 are deemed to be accepted by the User. buycycle will 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. 

22.2. buycycle reserves the right to change these terms and conditions, 

●  insofar as he is obliged to do so due to a change in the legal situation; 

●  insofar as he thereby complies with a court judgment or an official decision directed against him; 

 

●  insofar as he introduces additional, completely new services, services or service elements which require a service description in the GTC, unless the existing user relationship is thereby adversely changed; 

●  if the change is only beneficial to the user; or 

●  if the change is purely technical or procedural, unless it has a significant impact on the user.


22.3 The parties' right of termination shall remain unaffected. 

23. final provisions 

23.1 These GTC and the contractual relationship between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of 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 insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence. 

23.2 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. 

23.3 If the user is a merchant in the sense of the German Commercial Code, an entrepreneur in the sense of § 14 BGB, 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.