Terms of service
General Terms and Conditions of Business
1. Scope of application
These General Terms and Conditions apply to the ordering of goods and services from the DASHFACTORY product range on www.dashbike.de, as well as the associated online store "DASHFACTORY Store".
2. Contractual partner
Contractual partner of the customer for orders from the assortment of DASHFACTORY on www.dashbike.de, as well as the associated (store) pages is:
DASHFACTORY GmbH, Musäusring 34, 07747 Jena, Germany,
if necessary represented by DASHFACTORY GmbH, Spinnereistraße 7, 04179 Leipzig,
(hereinafter referred to as "DASHFACTORY").
3. Conclusion of contract
The delivery area is - unless otherwise stated - Germany.
The presentation of the products in the online store does not constitute a legally binding offer, but only an invitation to order.
By clicking the button [buy/order with costs/pre-order] you place a binding order (offer) of the goods listed on the order page and agree to the validity of these terms and conditions.
The order confirmation automatically sent by e-mail documents that DASHFACTORY has received the Customer's order, but does not constitute an acceptance of the Customer's offer.
Your purchase contract is concluded when we accept your order by sending an order confirmation or shipping confirmation of the ordered goods/services by e-mail within 5 business days after receiving your order, at the latest, however, by shipping the order.
4. Availability of goods and delivery
If the ordered goods are not available, DASHFACTORY reserves the right not to accept the Customer's offer, so that no contract is concluded. The Customer will be informed of this by e-mail. Any payments already made for the ordered product(s) will be fully refunded to the Customer in this case.
If only a part of the ordered goods is available or if the ordered goods exceed normal household quantities,
DASHFACTORY reserves the right to accept the Customer's offer for only a part of the goods, so that a contract is only concluded for this part. The Customer will be informed of this by e-mail. Any payments already made for the other part of the goods will be fully refunded to the Customer in this case.
The stated delivery date is non-binding and informs about the most current delivery time. The expected delivery can be viewed in the DASHFACTORY Store.
The delivery of ordered goods and services is generally carried out after receipt of the order. DASHFACTORY reserves the right to prioritize large orders if necessary.
All prices on www.dashbike.de, as well as on the associated pages including DASHFACTORY Store, are in Euro and include the applicable VAT for Germany.
For orders from abroad, taxes and fees may apply according to the respective valid regulations. Any taxes, customs duties or fees shall be borne by the Buyer (Customer).
The customer can choose from the payment methods displayed at the end of the ordering process.
6. Retention of title
Until full payment has been received, the goods delivered by DASHFACTORY, or by contracted companies, remain the property of DASHFACTORY.
7. No sale to commercial customers!
The goods offered in the store are sold only to natural consumers, as well as to entrepreneurs as end users. Commercial resale of goods is not permitted without written agreement and consent. DASHFACTORY reserves the right not to accept contract offers that appear to be made for the purpose of commercial resale of the goods.
8. Right of withdrawal of the customers
Right of withdrawal
If the Customer is a natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor self-employed (consumer), the Customer has a right of withdrawal according to § 312g in conjunction with § 355 BGB.
Right of withdrawal for purchase contracts with DASHFACTORY for goods: You have the right to revoke this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the first goods. The consumer will bear the return shipping costs when exercising the right of withdrawal.
To exercise your right of withdrawal, you must inform us (DASHFACTORY GmbH, Spinnereistraße 7, Halle 14, Eingang B, 2. OG, 04179 Leipzig, firstname.lastname@example.org, by means of a clear declaration (e.g. a letter sent by post, or e-mail) of your decision to withdraw from this contract.
To comply with the revocation period, it is sufficient that you send the notice of exercise of the right of revocation before the expiry of the revocation period binding, stating the order or invoice number.
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. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods in perfect condition, whichever is the earlier.
You must return or hand over the goods to DASHFACTORY GmbH, Spinnereistraße 7, Halle 14, Eingang B, 2. OG, 04179 Leipzig, Germany, without 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, stating the order or invoice number. The deadline is met if you send the goods before the expiration of the period of fourteen days. You will only have to pay for any loss in value of the goods if this loss in value is due to the handling of the goods which is not necessary for the examination of the condition, properties and functioning of the goods.
If you finance this contract by a loan and revoke it later, you are also no longer bound to the loan agreement, provided that both contracts form an economic unit. This is to be assumed in particular if we are your lender at the same time or if your lender makes use of our cooperation with regard to the financing. If the loan has already accrued to us when the revocation takes effect, your lender shall be subrogated to our rights and obligations under the financed contract in relation to you with regard to the legal consequences of the revocation or return. The latter shall not apply if the subject matter of the present contract is the acquisition of financial instruments (e.g. securities, foreign exchange or derivatives). If you wish to avoid a contractual obligation as far as possible, exercise your right of revocation and also revoke the loan agreement if you are also entitled to a right of revocation for this.
Claims of the Customer for damages against DASHFACTORY are excluded. Excluded from this are claims for damages by the Customer arising from injury to life, body or health, as well as liability for other damages resulting from an intentional or grossly negligent breach of duty by DASHFACTORY, its legal representatives or vicarious agents. Furthermore, liability for the breach of obligations whose fulfillment is essential for the proper execution of the contract and on whose fulfillment the Customer may regularly rely remains unaffected. In the event of a slightly negligent breach of these contractual obligations, DASHFACTORY is only liable for the foreseeable damage typical for this type of contract, unless the Customer's claims for damages arise from injury to life, body or health.
Paragraph 1 also applies in favor of the legal representatives and vicarious agents of DASHFACTORY, if claims are asserted directly against them.
The provisions of the Product Liability Act as well as the Federal Data Protection Act and the EU Basic Data Protection Regulation remain unaffected.
10. Claims for defects
For consumers, the statutory limitation period of two (2) years from handover of the goods applies to DASHFACTORY.
During the limitation period for defect claims, the Customer may assert his justified claims against DASHFACTORY due to defects of the goods against DASHFACTORY.
If the Customer is an entrepreneur, i.e. if the Customer acts in the exercise of his/her commercial or self-employed professional activity when placing an order, claims for defects against DASHFACTORY become time-barred within 12 months from the handover of the goods. Excluded from this are claims for injury to life, body or health based on a negligent breach of duty by DASHFACTORY or an intentional or negligent breach of duty by a legal representative or vicarious agent of DASHFACTORY.
The Customer's statutory claims for defects against DASHFACTORY remain unaffected in the event of the existence or acquisition of a warranty for the ordered goods.
The assignment of claims for defects against DASHFACTORY is excluded unless the Customer is a consumer.
11. Final provisions
These General Terms and Conditions are governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If the Customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and DASHFACTORY is the registered office of DASHFACTORY.
The remaining parts of the contract remain binding even if individual points are legally invalid. The invalid points, if any, are replaced by the legal regulations. If they do not exist, the parties agree on what is intended by DASHFACTORY according to the interests to be assumed.
The text of the contract will not be stored by DASHFACTORY after conclusion of the contract and is not accessible to the Customer.
The German language applies to the conclusion of the contract. If there is an additional translation, this is to be considered merely as a goodwill service provided by DASHFACTORY to the Customer. In any case, only the German version applies.
We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.
The EU Commission has created an Internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.