General Terms and Conditions of EB-Sport & Technik GmbH / BrandauBikes
1. Content and conclusion of the travel contract, consulting contract and sales contract Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions therefore also apply to all future business relationships with companies, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer that contradict our General Terms and Conditions is hereby rejected.
The contract language is exclusively German.
You can access and print the currently valid General Terms and Conditions on the website www.elisabeth-brandau.de.
1. The entrepreneur offers guided mountain bike tours, road bike tours, riding technique courses as well as health consultations and events, personal coaching in sports and health care as well as products in the online shop. In addition, the organizer offers services in the areas of health and crafts.
2. By registering in writing, by telephone or electronically, the customer offers the
Entrepreneur to conclude a contract. The content of the contract is the tender, the brochure or any other printed or digitally designed description of the option to be booked
3. If the customer registers additional participants for an event, trip, driving technique or personal coaching with his registration, the registrant is also liable for the additional participants, unless he has expressly and separately rejected such an obligation.
4. The contract is concluded upon acceptance by the entrepreneur. The customer receives a written confirmation by email upon or immediately after conclusion of the contract. The customer agrees to the storage of his data.
5. If the content of the confirmation differs from the content of the registration, this constitutes a new offer from the entrepreneur, to which he is bound for a period of 10 days. If the person making the booking declares acceptance within the binding period, the contract is concluded on the basis of this new offer.
6. The company's general terms and conditions apply exclusively to the contract; other conditions do not become part of the contract, even if they are not expressly contradicted.
7.The presentation of goods in the online shop does not constitute a binding offer to conclude a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop.
8.By clicking the button “Order now and pay” you submit a binding offer to purchase (§ 145 BGB).
9.After receipt of the purchase offer, you will receive an automatically generated email confirming that we have received your order
10 The range of goods in our online shop is aimed exclusively at buyers who are 18 years of age or older (confirmation of receipt). This confirmation of receipt does not constitute acceptance of your purchase offer. A contract is not concluded by the confirmation of receipt.
11.A purchase contract for the goods is only concluded when we expressly accept the
purchase offer or when we send the goods to you without prior express declaration of acceptance.
2. Payment
1. For amounts under 200 euros and upon delivery of the security certificate, the amount is due immediately. For higher amounts, a deposit of 15% of the total price is due immediately. The remaining payment is due 4 weeks before the start of the booked activity, provided the security certificate has been handed over.
2. In case of a short-term booking within four weeks before the start of the event, the full booking price is due immediately.
3. If the booking lasts no longer than 24 hours, does not include an overnight stay and the travel price does not exceed 75 euros, the full booking price may be demanded in accordance with Section 651k of the German Civil Code (BGB) without issuing a security certificate. Tours with overnight stays must be paid in advance. Without timely payment of the full travel price, the traveler no longer has a claim to the provision of the travel service, but is obliged to pay the cancellation fees.
4. The travel / event documents will be handed over immediately after full payment has been received.
3rd performance
1. The content and scope of the services are determined from the advertisement on the homepage, in the brochure or according to the descriptions in section 1. No. 2 of these General Terms and Conditions as well as information in the travel confirmation.
4. Changes in performance
1. The travel description represents the planned itinerary without guaranteeing the exact itinerary in detail. Changes to individual travel services, such as the route or overnight stays, as well as changes to the itinerary for weather-related and organizational reasons that arise after the contract has been concluded and deviate from the contractually agreed content of the travel contract, are permitted provided that they are not significant and do not affect the overall character of the booked trip.
5. Prices
1.The prices stated on the product pages include VAT and other price components and are exclusive of the respective shipping costs.
6. Price change
1. The tour operator is entitled to increase the price of the trip if this takes into account an increase in transport costs or charges for certain services, such as a change in the exchange rates applicable to the trip in question, and if more than four months have passed between the conclusion of the contract and the agreed start of the trip. The customer will be informed of this at least 21 days before the start of the trip.
2. If the permissible travel price increase is more than 5% of the originally agreed travel price, the customer has the right to withdraw or to participate in a trip of at least the same value. The participant must assert these rights in writing immediately after being notified of the price increase.
7. Payment terms; default
1. Payment can be made by: invoice in advance, credit card or PayPal. If you choose to pay in advance, we will give you our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days of receiving the order confirmation.
2. When paying by credit card, the purchase price is reserved on your credit card at the time of ordering ("authorization"). Your credit card account will actually be charged at the time we ship the goods to you.
3.If you fall behind on a payment, you are obliged to pay the statutory default interest of 5 percentage points above the base interest rate. For each reminder letter sent to you after the default occurs, you will be charged a reminder fee of EUR 2.50, unless lower or higher damages can be proven in individual cases.
4.The booking price for events/coaching sessions and products is due immediately in full.
Without timely payment of the full travel price, the traveler no longer has a claim to the provision of the travel service, but is obliged to pay the cancellation fees.
5.The travel/event documents will be handed over immediately after full payment has been received.
8.Set-off/right of retention
1.You only have the right to set off if your counterclaim has been legally established, is not disputed or recognised by us or is in a close synallagmatic relationship to our claim.
2.You can only exercise a right of retention if your counterclaim is based on the same contractual relationship.
9. Delivery; Retention of Title
1. Unless otherwise agreed, the goods will be delivered from our warehouse to the address you provided.
2.The goods remain our property until the purchase price has been paid in full.
3.If you are an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), the following applies in addition:
We retain title to the goods until all claims arising from the current business relationship have been settled in full. Prior to transfer of title to the reserved goods, pledging or transferring them as security is not permitted.
You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that arise from the resale. We accept the assignment, but you are authorized to collect the claims. If you do not properly meet your payment obligations, we reserve the right to collect the claims ourselves.
If the reserved goods are combined or mixed, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
– We undertake to release the securities to which we are entitled upon request to the extent that the realisable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is our responsibility.
10.Cancellation policy for goods (does not apply to coaching, consultations, tours, events): see General Terms and Conditions
11)
In the event that you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), i.e. you are making the purchase for purposes that cannot be attributed predominantly to your commercial or independent professional activity, you have a right of withdrawal in accordance with the following provisions. Right of withdrawal You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.
To exercise your right of withdrawal, you must contact us
Company: EB-Sport & Technik GmbH Address: Holzgerlingerstr.16 71101 Schönaich E-Mail:info@ebsportundtechnik.de
by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.
consequences of revocation
1.If you cancel this contract, we will refund all payments that we have received from you, excluding delivery costs, promptly and at the latest within fourteen days from the date on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund.
2.We may refuse repayment until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.
3.You must return or hand over the goods to us or to EB-Sport GmbH promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period.
4.You will bear the direct cost of returning the goods.
5.You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.
ATTENTION: For events/courses, depending on the time period before the event/course, 100% refunds will not always be possible! see below!
If you have requested that the services begin during the cancellation period, you must pay us an appropriate amount corresponding to the proportion of the services already provided up to the point at which you notify us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.
Sample cancellation form If you want to cancel the contract, please fill out this form and send it back.
To
Company: EB-Sport & Technik GmbH Address: Holzgerlingerstr.16 | 71101 Schönaich Email:info@ebsportundtechnik.de
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*):
Ordered on (*)/received on (*) Name of consumer(s): Address of consumer(s):
Signature of the consumer(s) (only for notification on paper) Date
(*) Delete as appropriate.
end of the cancellation policy
The right of withdrawal does not apply to the delivery of goods which are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (e.g. T-shirts with your photo and name), to the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery or to the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.
Please avoid damage and contamination. If possible, please send the goods back to us in their original packaging with all accessories and packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please ensure that you use suitable packaging to ensure adequate protection against transport damage in order to avoid claims for damages due to damage caused by inadequate packaging.
Please call us on +49 7031 4298290 before returning the goods to announce the return. This will enable us to allocate the products as quickly as possible. Please note that the modalities mentioned in paragraphs 2 and 3 above are not a prerequisite for the effective exercise of the right of withdrawal.
ATTENTION: For events/courses, depending on the time period before the event/course, 100% refund will not always be possible! Have you requested that the services be provided during the cancellation period?
start, you must pay us an appropriate amount corresponding to the proportion of services already provided up to the point at which you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of services provided for in the contract.
12. Withdrawal by the participant from events/trips/services
1. The participant can withdraw from the event at any time. The withdrawal becomes effective when the declaration is received by us in writing.
2. Due to withdrawal (cancellation) or non-attendance of the event, according to § 651i para. 2
S. 2 BGB a flat-rate compensation for costs may be required. The following fees are usually incurred:
– up to 30 days before departure/event 15%
– from 29 to 15 days before the start of the trip / event 80%
– from 14 to 2 days before the start of the trip/event 90%
– 1 day before & in case of no-show 100 %
3. The participant is entitled to prove that no or less damage has occurred.
4. Conditions of participation: Anyone who meets the physical and health requirements specified in the event description and who has paid the event price can take part. The tour guide or representative of the organizer is entitled to exclude a participant from the event at the beginning or during the event who clearly does not meet one of these criteria. In this case, there is no right to a refund of the travel price paid!
13) Obligation of participants to cooperate
1. The participant is obliged to cooperate within the framework of the statutory provisions in the event of service disruptions in order to avoid or minimize possible damage.
2. The participant is particularly obliged to report his complaints immediately to the local
If the customer negligently fails to report the defect, his claims for reduction and compensation are excluded.
14) Withdrawal by the organizer
1. The organizer may cancel the event up to 14 days before the start of the event if the
The organizer may withdraw from the contract by giving written notice to the customer if the event description for the relevant event refers to a certain number of participants. The customer will receive a refund of the event price paid. The customer is not entitled to any further claims.
2. If the customer disrupts the event despite a warning from the organizer or if he behaves in such a way that is contrary to the contract that the immediate cancellation of the contract is justified, the organizer can terminate the contract without notice. This applies in particular if the customer does not observe safety regulations or endangers himself or others. In this case, the organizer retains the right to the event price, but must take into account the value of the expenses saved and the benefits he gains from using the parts of the service not used for other purposes, including the amounts credited to him by the service providers.
3. If the trip is made significantly more difficult, endangered or impaired as a result of force majeure that was not foreseeable at the time the contract was concluded, both the organizer and the customer can terminate the contract. If the contract is terminated, the organizer can demand appropriate compensation for the travel services already provided or still to be provided up until the end of the event. The additional costs incurred in the event of force majeure for necessary measures, in particular the additional costs for return transport, will be borne equally by both parties.
4. A doctor should check whether the customer's health is up to the demands of such a sports trip. The customer is obliged to inform the organizer in the event of pre-existing illnesses, allergies or health restrictions, as well as regular or emergency medication. If the risk is too high, the organizer/tour guide is also entitled to withdraw immediately before the start of the event without reimbursement of costs.
15) Exclusion of claims, limitation period
1. The customer must assert claims for non-contractual provision of the event in writing to the organizer within one month of the contractually agreed end of the event. After the deadline has expired, the customer can only assert claims if he was prevented from meeting the deadline through no fault of his own.
2. Customer claims under §§ 651 c, 651 f BGB expire after one year. The limitation period begins on the day on which the event was supposed to end according to the contract. If negotiations are pending between the customer and the organizer regarding the claim or the circumstances giving rise to the claim, the limitation period is suspended until the customer or the organizer refuses to continue the negotiations. The limitation period begins at the earliest three months after the end of the suspension.
16) Rebookings/ Replacement Participants
1. If changes to the booking are made at the request of the participant after the contract has been concluded, the actual processing costs incurred, at least EUR 25.00, will be charged in addition to the changed price.
2. In accordance with Section 651b of the German Civil Code (BGB), the participant can request that a third party assume the rights and obligations arising from the contract in his or her place up until the start of the trip. In this case, there is joint and several liability. The change of person can be refused if the third party does not meet the special travel/event requirements or if legal or official requirements conflict with this.
17) Warranty
1. If the trip is not provided in accordance with the contract, the customer can demand redress. The organizer can also remedy the situation by providing an equivalent replacement service. The organizer can refuse to remedy the situation if it would entail disproportionate expense.
2. For the duration of a non-contractual performance, the customer can demand a corresponding reduction in the price (reduction). The price is to be reduced in the ratio in which the value of the event in defect-free condition would have stood to the actual value at the time of sale. The reduction does not apply if the customer negligently fails to report the defect.
3. If an event or trip is significantly impaired as a result of a defect and the organizer does not remedy the situation within a reasonable period of time, the customer can terminate the contract by giving the organizer a written statement in accordance with the statutory provisions. The same applies if the customer cannot reasonably be expected to attend the event as a result of a defect for an important reason that is known to the organizer. There is no need to set a deadline for remedying the situation if the remedy is impossible or is refused by the organizer. If a special interest of the customer justifies immediate termination of the contract, only the part of the price that was of interest to the customer is owed.
4. In the case of health consultations, the success of the treatment depends on the cooperation of the customer. There are no guarantees here. Not all treatment methods are recognized by conventional medicine and are only used with the customer's consent.
5.For goods, the statutory warranty obligation applies
18). Distance selling contracts § 312b
1. The provisions on distance contracts, in particular the right of withdrawal, shall apply to
Online booking of a trip does not apply. Package tours are services that are provided at a specific time or within a precisely defined period.
2. The participant can only sue the organizer at its registered office. For lawsuits brought by the organizer against the participant, the participant's place of residence is decisive. This does not apply if the lawsuit is directed against registered traders or persons who have moved their place of residence abroad after the conclusion of the contract, or whose place of residence or usual abode has moved abroad. In these cases, the organizer's registered office is relevant.
19) Liability
1. By booking, the customer releases EB-Sport & Technik GmbH, its representatives, agents and assistants from liability claims for damages arising from the event booked above, unless they were caused by gross negligence or intent.
which are not personal injuries, are not caused by gross negligence and are solely the fault of the organizer or his assistants, the organizer is only liable up to three times the travel price.
2. The customer takes part in mountain bike tours, sporting activities of all kinds and similar activities that involve particular risks at his own risk. At cycling events (regardless of whether it is a mountain bike, racing bike, e-bike or trekking bike), the customer is responsible for his riding style and for registering in a group that corresponds to his riding ability, as well as for his physical fitness. Every customer is aware that cycling is associated with risks, even when practiced properly.
3. A doctor should check whether the customer's health is up to the demands of such a sports trip. The customer is obliged to inform the organizer in the event of pre-existing illnesses, allergies or health restrictions, as well as regular or emergency medication. If the risk is too high, the organizer/tour guide is entitled to withdraw from the event without reimbursement of costs immediately before the start of the event.
4. The customer undertakes to observe the announced rules of conduct and to
To follow the instructions of the organizer and its tour guides and driving technique trainers.
5.The organizer assumes no liability for damage to or loss of private or rented bicycles or other equipment. The organizer is not liable for damage caused by third parties or other tour participants or by failure to follow instructions from the group leader or by disregarding traffic regulations.
6.If individual travel services such as hotel/accommodation are arranged by EB-Sport GmbH, the respective terms and conditions of the third-party contracting partner apply. Taking out luggage, travel cancellation, liability, accident and international health insurance is strongly recommended.
7. If the customer registers other participants for a trip or driving technique or personal coaching with his registration, the registrant is also liable for the other participants, unless he has expressly and separately rejected such an obligation.
20. Organizer/Entrepreneur:
EB-Sport & Technik GmbH Holzgerlngerstr.16 71101 Schönaich
I. Garea of administration
1. The contractual basis for this order is
a) the following General Terms and Conditions
b) the provisions of the German Civil Code on work contracts and similar contracts, §§ 631 ff. in the version valid at the time of conclusion of the contract. They are already agreed to for all future contractual relationships. The client's general terms and conditions only apply to the extent that the contractor has expressly agreed to them in writing or electronically. The contractor's silence in response to the client's general terms and conditions sent to him does not constitute consent.
2. The content of the contract is determined by the order confirmation from the contractor or – if no such confirmation is available – by his offer. If the client accepts an offer from the contractor with modifications or extensions, the content of the contract is based on the contractor's acceptance.
3. All documents belonging to the offer - such as drawings, illustrations, weight and opening details, etc. - are only approximate unless expressly designated as binding at the request of the client. All property rights and copyrights to the offer and all documents remain reserved. The offer and the documents may not be passed on, published or reproduced without the consent of the provider, nor may they be used for any purpose other than the agreed purpose.
4. The offer is made on the condition that
a) the media used in the operation of the system (water, air, etc.) are not aggressive, b) when carrying out the work, no hazardous substances within the meaning of the Hazardous Substances Ordinance arise or have to be eliminated which are not expressly stated in the service description in terms of type and scope.
II. Construction documents and official permits The client shall obtain the permits required for the construction and operation of the system in a timely manner and at his own expense. If the contractor assists him in this, the client shall also bear the costs incurred as a result.
III. Prices and Payments
1. The prices in the offer only apply when the entire system is ordered. They are exclusive of VAT at the legally stipulated rate (service prices). Increases in the VAT rate entitle the contractor to make corresponding price adjustments; this does not apply to services that are to be provided within four months of the conclusion of the contract.
2. All ancillary work (e.g. bricklaying, chiselling, plastering, carpentry, earthwork, electrical work, painting) is not included in the offer unless it is listed separately in items with quantity and price. If it is carried out by the contractor, it must be paid for separately.
3. Installation work that is carried out additionally or repeated for reasons beyond the Contractor’s control shall be paid for separately.
4. If the assembly is interrupted for reasons for which the Contractor is not responsible, the additional costs incurred will be charged to the Client.
5. The order will be invoiced based on measurements at the agreed unit prices unless a flat rate has been expressly agreed.
6. On request, interim payments are to be granted at the shortest possible intervals or at the agreed times, in the amount of the value of the contractual services proven in each case, including the VAT amount shown. The services must be proven by means of a verifiable list. The list must enable a quick and reliable assessment of the services. The final payment is to be made two weeks after acceptance of the work.
IV. Retention of title
The contractor reserves ownership and the right to dispose of the delivery item until all payments from the contract have been received. If the delivery items have become an integral part of the property and the client is the owner of the property, the client undertakes, if the agreed payment dates are not met, to allow the contractor to dismantle the items that can be removed without significantly affecting the structure and to transfer ownership of these items back to the contractor. If the client impairs the aforementioned rights of the contractor, he is obliged to pay compensation to the contractor. The dismantling and other costs are borne by the client.
If delivery items are firmly connected to another item, the client transfers his claims or his co-ownership rights to the new item to the contractor if this gives rise to claims or co-ownership, namely in the amount of the contractor's claim. At the client's request, the contractor undertakes to release securities that he has obtained on the basis of this contract, insofar as these exceed the value of all of the contractor's secured claims by more than 20%.
V. Assembly, execution period and information obligations for welding work
1. Execution deadlines must be agreed in good time. The start of assembly is subject to the preparatory work on site being sufficiently advanced for assembly to be carried out without hindrance. The execution deadline only begins when all commercial and technical requirements for the execution of the system have been finally determined and not before the approvals to be obtained by the client in accordance with No. II have been provided and not before any agreed down payment has been received.
2. If cutting, welding, thawing and/or soldering work is required, the contractor must inform the client of the associated risks. The client is obliged to draw the contractor's attention to any risks (e.g. fire hazards in rooms or materials) and to take all safety measures (e.g. providing fire guards, fire extinguishing materials, etc.).
3. If work is to continue in particularly adverse weather conditions, it is the client's responsibility to create the conditions for the work to continue.
VI. Acceptance and assumption of risk1. The contractor bears the risk until the system is accepted. However, if the system is damaged or destroyed before acceptance due to force majeure or other objectively unavoidable circumstances for which the contractor is not responsible, the contractor is entitled to payment for the work carried out to date and for any other costs incurred.2. The system built by the contractor must be accepted after completion of the work, even if the system has not yet been finally adjusted. Self-contained parts of the work must be accepted in particular upon request. The system may only be used before acceptance with the express consent of the contractor. It is equivalent to acceptance if the client does not accept the work within a reasonable period of time specified by the contractor, although he is obliged to do so.
3. During the trial commissioning, the Client’s operating personnel will be instructed by the Contractor in the operation of the system.
VII. Claims for Defects
The client's rights are based on Section 634 of the German Civil Code (BGB). The limitation period for claims for defects is one year, unless the services provided are work on a building. In this case, the statutory time limits apply.
VIII. Liability
In the case of simple negligence, but not gross negligence or intent, the client's compensation is limited to the foreseeable damage typical for the contract. However, the contractor is liable without limitation in the event of injury to the life, body or health of the client that is based on an intentional or negligent breach of duty by the contractor or an intentional or negligent breach of duty by its legal representatives or vicarious agents.
