Terms and Conditions

1.1
These terms and conditions apply to all orders placed with hoco online gmbh, Edisonstraße 63, Haus E, 1.OG, 12459 Berlin, hereinafter referred to as "hoco", by consumers or businesses via the internet portals or in any other form. In the case of verbal (especially telephone) contract conclusions, the consumer will be informed of the applicability of these terms and conditions; in business dealings with entrepreneurs, these terms and conditions are included for the ongoing business relationship upon the first order. These General Terms and Conditions apply exclusively. The general terms and conditions of the purchaser only apply insofar as hoco has expressly agreed to them in writing. In particular, the inclusion of general terms and conditions of a purchaser that contradict these General Terms and Conditions is hereby objected to. These General Terms and Conditions also apply if hoco provides the service to the purchaser unconditionally, knowing of conflicting or deviating terms and conditions of the purchaser.

1.2
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity, § 13 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 their commercial or independent professional activity, § 14 Abs. 1 BGB. A partnership with legal capacity is a partnership equipped with the ability to acquire rights and enter into obligations, § 14 Abs. 2 BGB.

§2 Conclusion of Contract

2.1
The presentation of products in the shop does not constitute a binding offer but an invitation to submit an order. To place an order in the hoco online gmbh webshop, the purchaser must:

1) Add items to the shopping cart;

2) Choose and enter login, billing, and shipping address;

3) Select shipping method and payment method;

4) Confirm the accuracy of their information on the review page

5) Finally, click the "Order with obligation to pay" button.

The ordering process and the conclusion of the contract are conducted exclusively in German. By clicking the button "Order with obligation to pay," the customer places a binding order for the goods contained in the shopping cart. hoco immediately confirms receipt of the order to the customer via email. The order represents an offer to hoco to conclude a contract. The customer is bound to their offer declaration for 5 days. Within this period, hoco can declare acceptance of the offer. Acceptance of the offer generally occurs by the delivery of the goods or, exceptionally, by hoco confirming the order to the customer in another way - for example, by an explicit order confirmation via email; the automatic order confirmation email regarding receipt of the order is not a declaration of acceptance in the aforementioned sense. Delivery takes place within the customer's offer binding period, i.e., within 5 days. If delivery exceptionally occurs only after the expiration of 5 days, the customer is no longer bound to their order. Otherwise, the delivery of goods after the expiration of 5 days constitutes a new offer to conclude a contract; the customer can accept this offer explicitly or by conclusive actions (in particular, acts of appropriation or use); hoco waives the receipt of the declaration of acceptance (§ 151 BGB).

2.2
The contract text is not stored. It can be printed before submitting the order. The specific order data is saved but is not accessible via the internet for security reasons.

2.3
An order can also be placed by telephone or fax. In the case of a telephone order, the customer is referred to these terms and conditions on hoco's website, and upon request, these terms and conditions will be sent to them in text form. For orders by fax, the terms and conditions are transmitted to the customer by fax.

2.4
If the customer is an entrepreneur, a preliminary contract is initially concluded in accordance with § 2.1, subject to a different agreement in individual cases. hoco is initially only obliged to endeavor to ensure adequate supply and, if necessary, to contact its suppliers. The entrepreneur is initially only obliged to notify hoco of a withdrawal from the willingness to conclude the (future) contract at least three days in advance in text form. The preliminary contract has a binding effect for two weeks. If hoco provides or delivers the goods within the two-week period and a declaration according to sentence 3 has not been received by hoco at this time, the main contract is automatically concluded.

2.5
If hoco accepts the offer under changed conditions, e.g., a different price, this acceptance is to be evaluated as an offer to conclude a modified contract (§ 150 II BGB). hoco will inform the customer in text form about the modified offer immediately after the order. In this case, a consumer has the possibility to accept the offer within 14 days explicitly or through conclusive actions (especially appropriation or usage actions) or by email. hoco waives the requirement for the customer's declaration of acceptance to be received (§ 151 BGB). If the customer is independently professionally active in the market to a greater extent as an entrepreneur and does not object to the modified offer declaration related to the agreement made within 3 days of receipt, the offer is considered accepted, unless hoco could not have expected acceptance of the modified offer due to a significant deviation from the original order.

2.6
A contract does not come into existence if an offer from hoco contains obvious typographical errors or other incorrect information that affects the characteristics or the price of the product. hoco must prove to the customer that it is a typographical error or incorrect information. If the customer is a consumer, hoco is fully liable for all quality information in the sense of § 434 I 3 BGB; in particular, the consumer may rely on the accuracy of the product information provided on the websites mentioned under § 1.1.

§3 Unavailability of Performance

3.1
Every offer is subject to the reservation of self-supply; if the ordered goods are not available because hoco is unforeseeably and without fault not supplied by its supplier at the time of contract conclusion, hoco has the right to withdraw from the contract. In this case, hoco will inform the customer immediately that delivery is not possible and will refund any purchase price already paid without delay. This right exists towards consumers only if hoco has concluded a specific covering transaction and was unexpectedly not supplied by the supplier.

3.2
Liability for damages due to non-fulfillment is excluded, provided that hoco has neither acted with gross negligence nor intent regarding the lack of availability; any liability due to pre-contractual fault (c.i.c.) remains unaffected. In the event of an incorrect delivery in the sense of § 434 III BGB, the consumer has the unrestricted rights prescribed by law.

§4 Prices and Shipping Costs

4.1
The displayed prices are final prices including the applicable statutory VAT at a rate of (currently) 19%.

4.2
hoco delivers to Germany and European countries. We charge a flat shipping fee. This is based on the applicable shipping cost table and is displayed before the order is submitted. For shipping to non-EU countries (e.g., Switzerland or Norway), customs clearance costs are also incurred, which are not included in the flat shipping costs.

For shipping to various islands, additional costs are calculated based on the retrievable shipping cost table.

§5 Payment, Due Date, and Default

5.1
The purchase price for the goods and their shipping is due immediately upon conclusion of the contract and is to be paid in advance, by direct debit, Amazon Payments, credit card (Mastercard or Visa), Paypal, Paydirekt, eps, iDeal, Sofortüberweisung, or by cash upon collection of the goods at the company headquarters. When paying via Amazon Payments, the customer bears 2% payment method costs. Purchase on account and direct debit are subject to a credit check and may be rejected in case of negative creditworthiness. More information about our credit check can be found here. The payment period for purchase on account is 10 days from the invoice date, unless otherwise agreed.

5.2
By providing the credit card number/account number in the order, hoco is authorized to collect the purchase price amount from the credit card account/current account specified by the customer in the order upon conclusion of the contract; any bank charges resulting from a failed money transfer due to insufficient funds must be borne by the customer. With consent to the direct debit procedure, the money will be debited by us after delivery and invoicing. A prior check of whether the goods are in stock does not take place.

5.3
Notwithstanding the preceding provisions, the purchase price payment is due in full upon delivery. The customer is in default 10 days after delivery without further declaration from hoco, provided he has not paid. In the event of defects, the customer is not entitled to a right of retention unless the retention is proportionate to the defects and the expected costs of non-fulfillment (especially a defect rectification).

Partial deliveries are permissible, but only under the strict condition that acceptance is reasonable for you when considering hoco's situation and your legitimate interests; the purchase price becomes due proportionately according to the partial delivery. The invoice amount is to be paid in one sum. After 30 days from the proper receipt of the goods along with the invoice, the customer automatically falls into default (§ 286 III BGB); this applies to a consumer only with a corresponding warning notice in the respective invoice. The statutory provisions concerning the consequences of default in payment apply.

5.4
In the event of default in payment, hoco is entitled to withdraw after a fruitless deadline. Setting a deadline is unnecessary if the customer finally refuses the service or does not perform the service at a specific time or within a period and hoco has tied its interest in performance to the timeliness of the service. Special circumstances that justify withdrawal in the mutual interest can also be asserted.

5.5
The purchaser is liable during the delay in payment for any negligence and for the accidental destruction of the item provided or already delivered by hoco (§ 287 BGB). If the purchaser does not accept the properly delivered goods - without exercising any right of withdrawal or return in the case of consumer goods purchases - he owes, in the event of acceptance delay, particularly the additional expenses incurred, such as the express costs incurred due to multiple delivery attempts or any storage costs, administrative costs, etc. (§ 304 BGB); hoco is no longer responsible for simple negligent actions from the time of acceptance delay (§ 300 BGB). Acceptance delay particularly occurs if the purchaser is not personally present at the specified delivery address at the specifically agreed performance time. If the purchaser unjustifiably seriously and definitively refuses acceptance, hoco can withdraw from the contract and, in particular, claim the lost profit as damages (§ 325 BGB).

§6 Set-off, Assignment, and Right of Retention

6.1
The purchaser is only entitled to a right of set-off if his counterclaim has been legally established, is not disputed or acknowledged by hoco, or is in a close synallagmatic relationship to our claim.

6.2
The assignment of a claim of the purchaser against hoco is only legally effective with the consent or approval of hoco; § 354a HGB remains unaffected.

6.3
The purchaser is authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

§7 Delivery and Obligation to Inspect

7.1
Delivery is made to the delivery address specified by the purchaser. If the purchaser is an entrepreneur, the risk passes with the delivery of the item to the carrier or another person designated for dispatch (§ 447 BGB); if the purchaser is a consumer, the risk of accidental loss and accidental deterioration passes with the delivery of the item to the carrier or another person designated for dispatch, if the purchaser has commissioned the carrier, the freight forwarder, or the person or institution designated to carry out the dispatch, and hoco has not previously named this person or institution to the purchaser, otherwise only with the handover of the item to the purchaser or from the time of acceptance delay (§ 474 II BGB).

7.2
hoco endeavors to deliver the goods as quickly as possible; delivery periods are generally subject to timely and sufficient self-delivery in accordance with § 3.1. Subject to the priority of a demonstrable individual agreement, only delivery dates agreed in text form are considered binding in case of doubt.

7.3
The purchaser must inspect the goods immediately after delivery for quality and quantity. The consumer's rights under §§ 434 ff. BGB are not restricted in the event of a breach of this obligation; however, in individual cases, a contributory negligence of the consumer may arise from the breach of obligation according to § 254 BGB. The entrepreneur must report obvious defects immediately after delivery of the goods and hidden defects immediately after discovery or objective possibility of discovery. The validity of § 377 HGB remains unaffected.

7.4
If the purchaser is an entrepreneur, there is the possibility of direct delivery of the goods to their customers after appropriate agreement. If these customers are consumers, they are also considered as authorized representatives of the entrepreneur in the contractual relationship between hoco and the entrepreneur; in particular, they assume the obligation to give notice of defects instead of the entrepreneur according to § 7.4; the rights of the consumer against their respective contracting partner remain unaffected by this regulation.

§8 Retention of Title

8.1
The delivered goods remain the property of hoco until full payment is made. The same applies to items delivered under repair or other assembly contracts. The statutory ownership rights according to §§ 946 ff. BGB remain unaffected; the unauthorized acquirer is, if necessary, obliged to re-transfer the installed component. The retention of title also remains in effect for all claims that hoco subsequently acquires against the purchaser in connection with its delivery or service. Until the claims from the retention of title are fulfilled, the items covered by the retention of title may not be resold, rented, loaned, or given away, nor may they be given to third parties for repair; this does not affect the consumer's right to remedy defects in the event of default by hoco with the legally owed subsequent performance. The purchaser is obliged to treat the goods with care as long as ownership has not yet been transferred to them. If maintenance and inspection work need to be carried out, the purchaser must carry it out in a timely manner at their own expense. As long as ownership has not yet been transferred, the purchaser must notify hoco immediately in writing if the delivered item is seized or exposed to other third-party interventions. If the third party is unable to reimburse hoco for the judicial and extrajudicial costs of a lawsuit according to § 771 ZPO, the purchaser is liable for the loss incurred by hoco. If the purchaser does not fulfill their due obligations from the retention of title, hoco can withdraw from the contract after setting a reasonable deadline and demand the return of the reserved goods from the purchaser and, after warning with a reasonable deadline, utilize them as best as possible through a private sale offsetting their claim. The purchaser bears all costs of taking back and utilizing the reserved goods.

BEGINNING OF CANCELLATION POLICY

§9 Right of Withdrawal for Consumer Contracts

9.1 Right of Withdrawal (General/eCommerce)
You have the right to withdraw from this contract within 100 days without giving any reason.

The withdrawal period is 100 days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.

To exercise your right of withdrawal, you must inform us, hoco online gmbh, represented by the managing director, Ms. Daniela Thinius , Edisonstraße 63, Haus E, 1st floor, 12459 Berlin, E-Mail: support@bike-mailorder.com, Tel +49 30 9599811-30, Fax +49 30 9599811-40, www.bike-mailorder.com, by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) informing us of your decision to withdraw from this contract. You can use the attached sample withdrawal form, which is not mandatory.

Sample for the withdrawal form

(If you want to withdraw from the contract, please fill out this form and send it back.)

To [here the name, address and, if applicable, the fax number and e-mail address of the entrepreneur is to be inserted by the entrepreneur]:
I/we (*) hereby withdraw from 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 the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only if notified on paper):
Date:

___________

(*) Delete as applicable.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

9.2 Consequences of withdrawal:
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us without undue delay and in any event not later than 100 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 100 days has expired.

You will have to bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

If you wish to withdraw from the contract, you can use this form to declare your withdrawal.

END OF WITHDRAWAL INSTRUCTIONS

9.3
Obligation to bear return costs in the event of a withdrawal

The costs for the return shipment must be borne by the customer.

9.4
No right of withdrawal exists according to § 312g BGB, among other things, not for

Contracts for the supply of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
Contracts for the supply of goods that can spoil quickly or whose expiration date would be quickly exceeded,
Contracts for the supply of sealed goods that are not suitable for return for health protection or hygiene reasons if their seal has been removed after delivery,
Contracts for the supply of goods that, after delivery, have been inseparably mixed with other goods due to their nature,
Contracts for the supply of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery,
Contracts for the supply of newspapers, magazines, or illustrated magazines except for subscription contracts,
for the provision of services in the areas of accommodation for purposes other than residential purposes, transportation of goods, car rental, supply of food and beverages, and for the provision of further services related to leisure activities, if the contract provides for a specific date or period for the provision, unless it is a contract for travel services according to § 651a BGB if these have been concluded outside business premises, unless the oral negotiations on which the contract conclusion is based were conducted at the prior request of the consumer,
Contracts in which the consumer has expressly requested the entrepreneur to visit him to carry out urgent repair or maintenance work; this does not apply to additional services that the consumer has not expressly requested or to goods delivered during the visit that are not necessarily needed as spare parts for maintenance or repair, unless the parties have expressly agreed otherwise.

9.5
In addition to the statutory right of withdrawal of the customer, they can return goods delivered by hoco under the following conditions within 100 days (starting the day after receipt of the goods) to hoco online gmbh, Sarirstr. 3, 12529 Schönefeld: For returns within Germany, hoco covers the postage costs. For the return of bicycles, a period of 14 days applies. The customer service should be contacted in advance so that a freight forwarder can be commissioned. For return shipping within Germany, a fee of 40 euros is charged.

Conditions for the 100-day return policy:

The goods must not show any signs of use and must be complete and in their original packaging within the 100-day period upon arrival at hoco.

The statutory 14-day right of withdrawal of the customer and their statutory warranty claims remain unaffected! Until the statutory right of withdrawal of the customer has expired, only the conditions mentioned in the withdrawal policy apply.

§10 Warranty

10.1
If the purchaser is a consumer, the statutory provisions apply – subject to the liability agreement according to § 12 – (§§ 434 ff., 474 ff. BGB).

10.2
A product that is already defective upon delivery (warranty case) will initially be replaced by hoco at its own expense with an equivalent product or professionally repaired (at the purchaser's choice) (§ 439 I BGB). hoco can refuse the type of supplementary performance chosen by the purchaser without prejudice to § 275 paragraphs 2 and 3 BGB if it is only possible with disproportionate costs. In this regard, in particular, the value of the item in a defect-free condition, the significance of the defect, and the question of whether recourse could be taken to the other type of supplementary performance without significant disadvantages for the purchaser must be considered. In this case, the purchaser's claim is limited to the other type of supplementary performance; the seller's right to refuse this as well under the conditions of sentence 1 remains unaffected (§ 439 IV BGB). If the statutory requirements are met, the purchaser has – subject to the limitation of liability according to § 12 – the further rights according to § 437 Nos. 1-3 BGB.

A warranty case does not exist, in particular, in the following cases:

in the case of damages that occurred at the purchaser due to misuse or improper use, provided that these are not based on a defective assembly instruction, in the case of damages that occurred because the products were exposed to harmful external influences at the purchaser (in particular extreme temperatures, moisture, unusual physical or electrical stress, voltage fluctuations, lightning, static electricity, fire). Furthermore, hoco does not warrant a defect caused by improper repair by a service partner not authorized by the manufacturer.

10.3
In both the case of a justified repair request and in the case of a justified replacement request, the purchaser is obliged to send the defective product to the specified return address (§ 9.1) at hoco's expense – preferably with the order number indicated. Before sending, the purchaser should, in their own interest, remove items attached to or from the product. hoco is not obliged to inspect the product for the installation of such items. hoco is not liable for the loss of such items, unless it was readily apparent to hoco upon acceptance of the product that such an item had been attached to or inserted into the product; in this case, hoco will inform the purchaser and keep the item ready for collection. Should it become apparent during the product inspection that it is an obviously unfounded complaint, the purchaser is obliged to compensate hoco for the effort in the amount of a flat fee of 40.00 €; both contractual parties reserve the right to prove a lower or higher effort in individual cases. The burden of proof regulation of § 476 BGB remains unaffected for consumers. If a warranty case actually exists, hoco will promptly reimburse the purchaser for the shipping costs incurred after the supplementary performance has been carried out (§ 439 II BGB).

10.4
If the customer sends in the goods to receive a replacement product, the return of the defective product is governed by the following provision: If the customer, as an entrepreneur, was able to use the goods in a defect-free condition between delivery and return, they must reimburse the value of the benefits derived (§ 439 V BGB). For each commenced month of usage, a flat usage fee of 4% of the purchase price of the replaced goods is due; the customer is entitled to prove a lower usage compensation.

10.5
Withdrawal is only possible in the case of a significant defect (§ 323 V BGB); claims for damages – also for consumers – exist only in accordance with § 13 (§ 475 III BGB).

10.6
Furthermore, for products delivered within the Federal Republic of Germany, claims against the manufacturer may also exist under a (contractual) warranty promise granted by them, which is subject to the corresponding warranty conditions. hoco is not responsible for the manufacturer's warranty promises.

§11 Limitation Period

11.1
The statutory warranty of the claims designated in § 437 BGB against consumers ends for new items two years from the transfer of risk and for used items one year from the transfer of risk. If you are an entrepreneur, the warranty period for new items is also one year from the transfer of risk. The above limitations do not apply to liability for damages resulting from injury to life, body, or health, which are based on a negligent breach of duty by us or an intentional or negligent breach of duty by one of our legal representatives or agents, or liability for other damages based on grossly negligent breach of duty by us or on an intentional or grossly negligent breach of duty by one of our legal representatives or agents; liability for pre-contractual fault (c.i.c.) or under the Product Liability Act also remains unaffected.

11.2
If the customer is a consumer, the limitation period begins upon receipt of the goods, for entrepreneurs upon provision of the goods or handover to the freight forwarder. A warranty granted by the manufacturer does not extend the limitation period according to § 11.1.

§12 Liability for Damages

12.1
hoco is liable for grossly negligent and intentionally committed breaches of duty, as well as for simply negligently caused bodily injuries. If the customer is an entrepreneur, liability for non-intentional actions is limited to the typically foreseeable damage at the time of contract conclusion.

12.2
In the case of slight negligence, hoco is only liable for the violation of essential contractual obligations and limited to the damage foreseeable at the time of contract conclusion. This limitation does not apply in cases of injury to life, body, and health. hoco is not liable for other damages caused by a defect in the purchased item due to slight negligence. Liability for slight negligence is also limited in amount to the foreseeable damages at the time of contract conclusion, which typically must be expected. This limitation of liability also applies in favor of our vicarious agents. Any potential liability due to pre-contractual fault (c.i.c.) or under the Product Liability Act remains unaffected.

12.3
Regardless of any fault on the part of hoco, any potential liability remains in the case of fraudulent concealment of a defect or from the assumption of a guarantee by hoco.

12.4
hoco is also responsible for the accidental impossibility of delivery during the delay, unless the damage would have occurred even with timely delivery.

§13 Use of Data

All personal data is treated with strict confidentiality by hoco. hoco's data protection practices are in particular in accordance with the GDPR, the Federal Data Protection Act (BDSG new), and the Telemedia Act (TMG). Personal customer data is only passed on to third parties for the processing of orders. Only the necessary data is passed on to the service provider, distributor, and parcel or courier service. Among other things, there is always the possibility to request free information about the data stored about oneself and to have it deleted, corrected, or blocked for advertising purposes. You can find our detailed privacy policy here.

§14 Packaging Material, Batteries

14.1
As electrical and electronic devices do not belong in household waste, old devices must be handed over to a collection point. Old devices from private households can be handed over to the return and collection points of the public waste disposal authorities or to return points set up by manufacturers or distributors in accordance with the ElektroG. hoco is registered with the EAR Foundation to fulfill the obligations under the ElektroG and fulfills the obligations through take-e-way GmbH. On the take-e-way website, you can find the nearest free return point.

As a distributor according to § 3 para. 14 of the Act on the Further Development of Separate Collection of Waste Containing Recyclable Materials - Packaging Act (VerpackG), hoco is obliged to join a nationwide system for the return of sales packaging according to § 7 VerpackG. hoco has, of course, complied with this obligation. The packaging materials sent by hoco can therefore be disposed of separately by the orderers in a system corresponding to § 13 ff. VerpackG. However, there is also the possibility to return the used materials to hoco, as hoco is obliged under §§ 15 ff. VerpackG to take back the corresponding packaging.

14.2
In connection with the distribution of batteries, accumulators, and/or with the delivery of devices containing batteries, hoco is obliged to point out the following:

As an end user, you are legally obligated to return used batteries and/or accumulators. Old batteries/accumulators must not be disposed of in household waste at the end of their life cycle; this is also indicated by the symbol of the crossed-out trash bin.

If batteries or accumulators contain mercury (Hg), cadmium (Cd), or lead (Pb), you will find the respective chemical symbol (Hg, Cd, or Pb) below the symbol of the crossed-out trash bin. You can return old batteries/accumulators free of charge at a retail store or another collection point near you. You can also obtain addresses of suitable collection points from your city or municipal administration. You can also return your old batteries/accumulators free of charge to our shipping warehouse at the address given in the imprint. If you have specific questions, feel free to contact us.

§15 Terms and Conditions for Invoice & Installment Purchase

Link to the Terms and Conditions for Invoice & Installment Purchase

§16 Terms and Conditions for Participation in Competitions

16.1 Subject of the Terms and Conditions and Organizer
(1) These terms and conditions govern the conditions for participation in the competition as well as any necessary transfer of rights. The description and procedure of the respective competition are carried out within the framework of the respective competition action of hoco online gmbh.
(2) The organizer of the competition is hoco online gmbh, Edisonstraße 63, Haus E, 1.OG, 12459 Berlin.
(3) By participating in the respective competition, these terms and conditions are accepted.

16.2 Participation
(1) Eligible to participate in the competition are all natural persons who have reached the age of 18 or minors under 18, provided that their legal representatives have declared their written consent to participate. Employees of hoco online gmbh and affiliated companies, as well as relatives of such employees and their relatives, are excluded. Participation with fake identities or with identities of third parties is not allowed. (2) Participation is possible until 30.09.2024 23:59.

16.3 Prize and Prize Notification
(1) Among all eligible participants, one person will receive a voucher worth 400,- €. The voucher can be redeemed within two years from the date of issue at one of the BikeHotels South Tyrol (See www.bikehotels.it) can be redeemed. The voucher code must be specified when making a reservation.
(2) The winner will be determined by drawing lots from all eligible participants after the participation deadline on 01.10.2024. Only one person can win. The winner will be notified by email and asked for consent to the prize transfer by BikeHotels.
(3) If the winner does not respond within 3 business days of notification, the claim to the prize expires. In this case, we are entitled to conduct a substitute draw.
(4) The prize is neither transferable nor can it be exchanged, returned, or paid out in cash.
(5) If circumstances arise that we are not responsible for, the respective winner accepts a reasonable replacement prize. Such circumstances beyond our control are particularly those that lie with the sponsors of the prizes.

16.4 Liability and Indemnification
(1) If the participant uploads photos, the participant guarantees that they will not send any content whose provision, publication, or use violates applicable law or the rights of third parties.
(2) The participant indemnifies us from claims of third parties of any kind arising from the illegality of photos used by the participant. The indemnification obligation also includes the obligation to fully indemnify the organizer from legal defense costs (e.g., court and attorney fees).
(3) By participating in the competition, the participant releases Facebook and Instagram from any liability.

16.5 Exclusion

A violation of these terms and conditions entitles us to exclude the respective participant from participation. This applies in particular if the participant provides false information or if used photos or other content (e.g., comments) violate applicable law or the rights of third parties. The same applies to comments that can be considered glorifying violence, offensive, harassing, or degrading, or otherwise violate social decency.

16.6 Premature Termination and Changes

We reserve the right to terminate the competition at any time, even without observing deadlines, in whole or in part prematurely or to change its course if it is not possible to guarantee the proper execution of the competition for technical (e.g., computer virus, manipulation of or errors in software/hardware) or legal reasons (e.g., prohibition by third parties) or due to force majeure.

16.7 Data Protection

(1) We are responsible for the collection, processing, and use of personal data of the participants, provided we process it ourselves. We will use the participant's personal information and other personal data only within the framework of the legal provisions of data protection law. We will store, process, and use the information only to the extent necessary for the conduct of the competition or if the participant has given consent. This also includes use for exercising the granted usage rights. The data will be used exclusively for conducting the competition and will be deleted afterward.

(2) The participant can request information about the data stored about them at any time. Otherwise, our privacy policy applies, which can be accessed at https://www.bike-mailorder.com/pages/datenschutz.

16.8 Final Provisions

If any provision of these terms and conditions of participation is or becomes invalid in whole or in part, the validity of the remaining terms and conditions shall not be affected. Instead of the invalid provision, the legally permissible regulation that comes closest economically to the sense and purpose expressed in the invalid provision shall apply. The same applies in the event of a regulatory gap in these terms and conditions.

Good luck and success wishes the team of hoco online gmbh.

As of: 03.03.2022

§17 Disclaimer for Rides via Komoot or Strava

The bike rides organized by hoco online gmbh under the brand name Bike Mailorder and New Order are not bike races, but purely recreational sports events. Participation is generally free of charge. A ride can be canceled at any time - especially due to bad weather - without participants having any (compensation) claims against hoco online gmbh. In the event of a cancellation, we will endeavor to inform participants through a notice on our website and our social media channels.

We are not bound to a pre-planned route, but it can change at short notice or even during the ride. The routes of the rides are predominantly public roads. Every participant acknowledges that there will or may be road traffic and hazards such as road construction on the routes and expressly commits to complying with the applicable traffic regulations (in particular the StVO) during each ride.

Participation in our rides is entirely at one's own risk. Each participant is particularly responsible for the safety of their equipment (e.g., the roadworthiness of their bicycle, etc.) and is obliged to wear a bicycle helmet that complies with TÜV/GS standards during the rides. Each participant must also - regardless of the behavior of the group or other participants - adjust their riding speed to their driving skills and physical condition.

By registering for a ride, each participant expresses that they possess sufficient cycling skills and physical fitness for the respective ride. We accept no liability for health risks of the participants in connection with the rides, and it is the responsibility of each participant to check their health condition beforehand. In justified cases, we are entitled to exclude individual participants from further participation at any time.

The operators of the Bike-Mailorder and New-Order rides are also not liable to the participants for circumstances within their own responsibility or otherwise within the sphere of the participants (e.g., in the event of a participant's fall, non-compliance with traffic regulations, etc.), regardless of the legal grounds. Furthermore, hoco online gmbh is liable according to the statutory provisions if claims for damages are made based on intentional or grossly negligent conduct by its representatives or agents.

Insofar as there is no intentional breach of duty and in the case of culpable violation of an essential obligation by hoco online gmbh, liability for damages is limited to the foreseeable and typically occurring damage.

Liability for culpable injury to life, body, or health of a participant remains unaffected, with liability limited to foreseeable and contract-typical damages.

Beyond this, any liability of hoco online gmbh is expressly excluded. This exclusion of liability also applies in favor of its agents, representatives, and third parties whom we use in connection with the execution of the rides or with whom we cooperate for this purpose.

The exclusion of liability applies to both direct damages and consequential damages.

By registering, the participant acknowledges the ride rules and the exclusion of liability. In addition, the participant confirms with their registration that they are at least 18 years old. Minors require the consent of a parent or guardian to register for our rides.

§18 Miscellaneous

18.1
All contracts concluded with hoco online gmbh within the meaning of § 1 are subject exclusively to the law of the Federal Republic of Germany with the express exclusion of the UN Sales Convention; if the purchaser is a consumer and does not reside in Germany, mandatory provisions of the country in which the consumer resides remain unaffected by this choice of law. In such cases, the law of the state in which the consumer resides applies in favor of the consumer. The contract language is German.

18.2
For all present and future claims arising from the business relationship with entrepreneurs, including bill of exchange and check claims, the place of jurisdiction is the headquarters of hoco online gmbh; the same applies to consumers if the purchaser has no general place of jurisdiction in the country, relocates their residence or habitual residence from the country after the conclusion of the contract, or if their residence or habitual residence is not known at the time the lawsuit is filed.

18.3
In business transactions with companies, the common place of performance for the parties is the headquarters of hoco online gmbh.

18.4
If the customer is an entrepreneur, the inclusion of their general terms and conditions is objected to; in the case of a dissent in individual parts, the entire contract is considered not concluded (§ 139 BGB).

18.5
Notifications and declarations to hoco online gmbh must be made in text form. Contractual agreements or declarations by the user remain unaffected by this regulation.

18.6
If any of the above conditions are not effective, this does not affect the validity of the remaining provisions.

18.7
The functional terms used in these conditions are to be understood as gender-neutral and refer to female, male, and diverse identities.

As of: 28.03.2025 - Revocation instruction as of: 28.03.2025

Dispute resolution according to § 36 VSBG:
hoco is not obliged and generally not willing to participate in a dispute resolution procedure before a consumer arbitration board.

Provider:

hoco online gmbh
Edisonstraße 63
Building E, 1st Floor
12459 Berlin

Responsible for the content: Daniela Thinius

Contact:

Phone: +49 30 9599811-30
Fax: +49 30 9599811-40
Email: support@bike-mailorder.com

Terms and Conditions

Table of Contents

§1 Scope, Definitions