Terms and Conditions

1.1
These terms and conditions apply to all orders placed with hoco online gmbh, Edisonstraße 63, House E, 1st Floor, 12459 Berlin, hereinafter referred to as "hoco", made by consumers or entrepreneurs via the internet portals or in any other form. In the case of oral (especially telephone) contract conclusions, the consumer will be informed of the applicability of these terms and conditions; in business transactions with entrepreneurs, these terms and conditions will be included for the ongoing business relationship upon the first order. Only these General Terms and Conditions apply. General Terms and Conditions of the purchaser apply only 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 expressly rejected. These General Terms and Conditions also apply if hoco provides the service unconditionally in knowledge of conflicting or differing conditions of the purchaser.

1.2
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to either their commercial or independent professional activity, § 13 BGB. An entrepreneur is a natural or legal person or a partnership with legal capacity who acts in the exercise of their commercial or independent professional activity when concluding a legal transaction, § 14 para. 1 BGB. A partnership with legal capacity is a partnership that is equipped with the ability to acquire rights and enter into obligations, § 14 para. 2 BGB.

§2 Conclusion of Contract

2.1
The presentation of products in the shop does not constitute a binding offer, but rather an non-binding product presentation. For an order in the web shop of hoco online gmbh, the purchaser must:

1) Add items to the shopping cart;

2) Select and enter login, billing and delivery address;

3) Choose shipping method and payment method;

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

5) Click the button "Order with Payment Obligation" at the end.

The ordering process and the conclusion of the contract take place exclusively in German. By clicking the button "Order with Payment Obligation", the purchaser submits a binding order for the goods contained in the shopping cart. hoco confirms the receipt of the order to the purchaser immediately by email. The order constitutes an offer to hoco to conclude a contract. The purchaser 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 through the delivery of the goods or exceptionally by hoco confirming the order in text form to the purchaser in another way – for example, through an express order confirmation by email; the automatic order confirmation email regarding the receipt of the order is not an acceptance declaration in the aforementioned sense. Delivery occurs within the purchaser's offer binding period, i.e., within 5 days. Should delivery exceptionally occur only after the expiry of 5 days, the purchaser is no longer bound to their order. Otherwise, the delivery of goods after the expiry of 5 days constitutes a new offer for the conclusion of a contract; the purchaser can accept this offer through express or implied action (especially appropriation or use actions); hoco waives the receipt of the acceptance declaration (§ 151 BGB).

2.2
The contract text is not stored. It can be printed out before the order is sent. The specific order data is stored but is not retrievable via the internet for security reasons.

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

2.4
If the purchaser is an entrepreneur, a preliminary contract will initially be concluded – subject to any differing agreement in individual cases – in accordance with § 2.1. hoco is initially only obliged to make reasonable efforts to ensure sufficient supply and, if necessary, to contact its suppliers. The entrepreneur is initially only obliged to notify hoco of their 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 of 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 that time, the main contract is automatically concluded.

2.5
If hoco accepts the offer under changed conditions, e.g., a differing price, this acceptance is to be regarded as an offer for the conclusion of a modified contract (§ 150 II BGB). hoco will inform the purchaser in text form of the modified offer immediately after the order. A consumer has the option to accept the offer within 14 days explicitly or through implied action (especially appropriation or use actions) or by email. hoco waives the receipt of the purchaser's acceptance declaration (§ 151 BGB). If the purchaser is an entrepreneur who is independently active in the market to a greater extent and does not object to the modified offer statement related to the agreement within 3 days of receipt, the offer is deemed accepted unless hoco could not expect acceptance of the modified offer due to a significant deviation from the original order.

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

§3 Non-availability of Performance

3.1
Every offer is subject to the condition of self-supply; if the ordered goods are not available because hoco is not supplied by its supplier in an unforeseeable and unintentional manner at the time of contract conclusion, hoco has the right to withdraw from the contract. In this case, hoco will inform the purchaser 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 has not been supplied by the supplier unexpectedly.

3.2
Liability for damages due to non-performance is excluded, unless hoco acted with gross negligence or intentionally regarding the lack of availability; any liability for pre-contractual fault (c.i.c.) remains unaffected. In the event of incorrect delivery in the sense of § 434 III BGB, the consumer has the legally prescribed rights without restriction.

§4 Prices and Shipping Costs

4.1
The prices stated are final prices including the applicable statutory value-added tax of (currently) 19%.

4.2
hoco delivers to Germany and to other European countries. We charge a flat shipping fee for shipping. This is based on the currently valid shipping cost table and will be displayed before the order is sent. For shipping to non-EU countries (e.g., Switzerland or Norway), customs costs will also apply, which are not included in the flat shipping costs.

For shipping to various islands, additional costs will be charged, which are based on the available shipping cost table.

§5 Payment, Due Date and Default

5.1
The purchase price for the goods and their shipment is due immediately upon conclusion of the contract and must be paid in advance, by direct debit, Amazon Payments, credit card (Mastercard or Visa), Paypal, Paydirekt, eps, iDeal, Sofortüberweisung or in cash upon collection of the goods at the company headquarters. When paying via Amazon Payments, the purchaser bears 2% payment method costs. Purchase on account and direct debit is 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 date of issue, 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 purchaser in the order at the time of contract conclusion; any bank fees resulting from a failed money transfer due to insufficient funds in the account are to be borne by the purchaser. Upon agreeing to the direct debit procedure, the money will be debited from us after delivery and invoicing. A prior check of whether the goods are in stock will not be conducted.

5.3
Notwithstanding the preceding provisions, the purchase price payment is due in full upon delivery. The purchaser is in default without further declaration from hoco 10 days after delivery if they have not paid. In the event of defects, the purchaser does not have a right of retention, unless the retention is not in reasonable proportion to the defects and the expected costs of non-performance (especially a defect rectification).

Partial deliveries are permissible, but only under the strict condition that acceptance is reasonable for hoco and its legitimate interests; the purchase price will be due proportionately for 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 purchaser automatically falls into payment default (§ 286 III BGB); this applies to a consumer only with a corresponding warning notice in the respective invoice. The statutory provisions regarding the consequences of payment default apply.

5.4
In the event of payment default after the fruitless expiry of the deadline, hoco is entitled to withdraw from the contract. Setting a deadline is unnecessary if the purchaser refuses the performance definitively or does not perform by a specific date or within a deadline and hoco has made its interest in performance dependent on the timeliness of the performance. Special circumstances that justify withdrawal in mutual interest can also be asserted.

5.5
The purchaser is liable during the payment default for any negligence and for the accidental loss of the goods provided by hoco or already delivered (§ 287 BGB). If the purchaser does not accept the properly delivered goods – without exercising any possible right of withdrawal or return in the case of consumer goods purchases – they owe in the event of acceptance delay, in particular, the additional expenses incurred, for example, the additional express costs resulting from multiple delivery attempts or any storage costs, administrative costs, etc. (§ 304 BGB); hoco is no longer liable for simple negligent actions from the time of acceptance delay (§ 300 BGB). Acceptance delay is particularly present if the purchaser is not personally available at the specified delivery address at the agreed performance time. If the purchaser unjustifiably refuses acceptance definitively, hoco can withdraw from the contract and in particular claim lost profits as damages (§ 325 BGB).

§6 Set-off, Assignment and Right of Retention

6.1
The purchaser has a right of set-off only if their counterclaim has been legally established, is not disputed or acknowledged by hoco, or is closely related 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 entitled to exercise a right of retention to the extent that their counterclaim is based on the same contractual relationship.

§7 Delivery and Obligation to Give Notice of Defects

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

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

7.3
The purchaser must inspect the goods immediately upon delivery for quality and quantity. The rights of consumers under §§ 434 ff. BGB are not restricted in the event of a breach of this obligation; however, a breach of this obligation may in individual cases result in a contributory negligence of the consumer according to § 254 BGB. The entrepreneur must notify 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 also represent the entrepreneur as authorized representatives in the contractual relationship between hoco and the entrepreneur; in particular, they bear the obligation to give notice of defects according to § 7.4; the rights of the consumer against their respective contractual partner remain unaffected by this regulation.

§8 Retention of Title

8.1
The delivered goods remain the property of hoco until full payment has been made. The same applies to items delivered in the context of repair or other assembly contracts. The statutory property rights under §§ 946 ff. BGB remain unaffected; the unauthorized acquirer is obliged to return the integrated component if necessary. The retention of title also remains in effect for all claims that hoco acquires against the purchaser in connection with its delivery or performance subsequently. Until the claims from the retention of title are fulfilled, the items covered by the retention of title may not be resold, rented, lent or given away and may not be repaired by third parties; the consumer's right to remedy defects in the event of hoco's delay in the legally owed subsequent performance remains unaffected. The purchaser is obliged to treat the goods carefully as long as ownership has not yet passed to them. If maintenance and inspection work must be carried out, the purchaser must perform this at their own expense in a timely manner. As long as ownership has not yet passed, the purchaser must notify hoco immediately in writing if the delivered item is seized or subjected to other interventions by third parties. If the third party is not able to reimburse hoco for the judicial and extrajudicial costs of a lawsuit in accordance with § 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, exploit them in the best possible way by private sale, offsetting against its claim. All costs of reclaiming and exploiting the reserved goods are borne by the purchaser.

BEGINNING OF WITHDRAWAL INSTRUCTION

§9 Right of Withdrawal in Consumer Contracts

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

The withdrawal period is fourteen days from the day you or a third party named by you, who is not the carrier, has taken 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, House E, 1st Floor, 12459 Berlin, email: 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 email) about your decision to withdraw from this contract. You may use the attached sample withdrawal form, but it is not mandatory.

Sample for the Withdrawal Form

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

To [insert the name, address and, if applicable, the fax number and email address of 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 appropriate.

To maintain the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the withdrawal period expires.

9.2 Consequences of Withdrawal:
If you withdraw from this contract, we will refund all payments we have received from you, including delivery costs (except for the additional costs resulting from your choice of a different type of delivery than the standard delivery offered by us), without delay and at the latest within 14 days from the day on which we received the notification of your withdrawal from this contract. For this refund, we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this refund.

We may withhold the refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier date.

You must return the goods immediately and in any case no later than fourteen days from the day you inform us of the withdrawal from this contract. The deadline is met if you send the goods before the period of fourteen days has expired.

You bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their nature, characteristics and functioning.

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

END OF WITHDRAWAL INSTRUCTION

9.3
Return Shipping Cost Obligation in the Event of Withdrawal

The purchaser bears the costs of return shipping.

9.4
A right of withdrawal does not exist according to § 312g BGB, among others, for

Contracts for the delivery of goods that are not pre-manufactured and for whose production an individual choice or specification by the consumer is decisive or that are clearly tailored to the personal needs of the consumer,
Contracts for the delivery of goods that can spoil quickly or whose expiry date would be quickly exceeded,
Contracts for the delivery of sealed goods that are not suitable for return for health protection or hygiene reasons if their sealing has been removed after delivery,
Contracts for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature,
Contracts for the delivery of audio or video recordings or computer software in a sealed package if the sealing has been removed after delivery,
Contracts for the delivery of newspapers, magazines or illustrated publications 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, delivery of food and beverages, and for the provision of other services in connection with leisure activities, if the contract specifies a specific date or period for the provision, unless it concerns contracts for travel services in the sense of § 651a BGB, if these were concluded outside of business premises, unless the oral negotiations on which the conclusion of the contract is based were conducted at the prior request of the consumer,
Contracts in which the consumer has expressly requested the entrepreneur to visit them to carry out urgent repair or maintenance work; this does not apply to further services that the consumer has not expressly requested or to goods delivered during the visit that are not necessarily needed as replacement parts in maintenance or repair, unless the parties have expressly agreed otherwise.

9.5
In addition to the statutory right of withdrawal of the purchaser, the purchaser can return goods delivered by hoco within 30 days (starting from the day after receipt of the goods) to hoco online gmbh, Sarirstr. 3, 12529 Schönefeld: For returns within Germany, hoco bears 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 shipping company can be commissioned. For returns within Germany, a fee of 50 euros will be charged.

Conditions for the 30-day return policy:

The goods must not show any signs of use and must arrive complete and in original packaging within the 30-day period at hoco.

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

§10 Warranty

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

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 repaired professionally (at the purchaser's choice) (§ 439 I BGB). hoco may refuse the type of subsequent performance chosen by the purchaser regardless of § 275 para. 2 and 3 BGB if it is only possible with disproportionate costs. In doing so, the value of the item in flawless condition, the significance of the defect, and the question of whether another type of subsequent performance could be used without significant disadvantages for the purchaser must be taken into account. In this case, the purchaser's claim is limited to the other type of subsequent performance; the seller's right to refuse this under the conditions of sentence 1 remains unaffected (§ 439 IV BGB). If the statutory requirements are met, the purchaser has further rights according to § 437 No. 1-3 BGB – subject to the liability limitation according to § 12.

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

for damages that have occurred to the purchaser due to misuse or improper use, unless these are based on a defective assembly instruction, for damages that have occurred because the products have been exposed to harmful external influences (in particular extreme temperatures, moisture, extraordinary physical or electrical stress, voltage fluctuations, lightning strikes, static electricity, fire). hoco also does not provide warranty for a defect caused by improper repair by a service partner not authorized by the manufacturer.

10.3
In the case of a justified request for repair as well as in the case of a justified request for replacement, the purchaser is obliged to send the defective product at the expense of hoco to the specified return address (§ 9.1) – preferably stating the order number. Before sending, the purchaser should remove any items added by them from the product. hoco is not obliged to examine the product for the installation of such items. hoco is not liable for the loss of such items unless it was clearly recognizable to hoco at the time of return that such an item had been added to the product; in this case, hoco will inform the purchaser and keep the item ready for collection. If it turns out during the product examination that it is an obviously unfounded complaint about defects, the purchaser is obliged to pay hoco a flat fee of 40.00 € for the effort; both parties remain entitled to prove a lower or higher effort in individual cases. The burden of proof regulation of § 476 BGB remains unaffected for consumers. If there is indeed a warranty case, hoco will reimburse the purchaser for the shipping costs incurred immediately after the subsequent performance (§ 439 II BGB).

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

10.5
Withdrawal is only possible in the event of a significant defect (§ 323 V BGB); claims for damages exist – even for consumers – only according to § 13 (§ 475 III BGB).

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

§11 Limitation Period

11.1
The statutory warranty for the claims specified in § 437 BGB against consumers ends two years after the transfer of risk for new items and one year after the transfer of risk for used items. If you are an entrepreneur, a warranty period of one year after the transfer of risk also applies for new items. The liability for damages resulting from injury to life, body or health, which is based on a negligent breach of duty by us or on an intentional or negligent breach of duty by one of our legal representatives or vicarious agents, or the liability for other damages based on a grossly negligent breach of duty by us or on an intentional or grossly negligent breach of duty by one of our legal representatives or vicarious agents, remains unaffected; liability for pre-contractual fault (c.i.c.) or under the Product Liability Act also remains unaffected.

11.2
If the purchaser 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 negligently caused bodily injuries. If the purchaser is an entrepreneur, liability for non-intentional actions is limited to the damage that is typically foreseeable at the time of contract conclusion.

12.2
In cases 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 the event of injury to life, body and health. For other damages caused by a defect in the purchased item due to slight negligence, hoco is not liable. Liability for slight negligence is also limited to the foreseeable damages that typically must be expected at the time of contract conclusion. This liability limitation also applies in favor of our vicarious agents. Any liability for 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 liability in the event of fraudulent concealment of a defect or from the assumption of a guarantee by hoco remains.

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

§13 Use of Data

All personal data is treated confidentially 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. There is also the possibility at any time to request free information about the data stored about oneself and to have it deleted, corrected or blocked for advertising purposes. Our detailed privacy policy can be found here.

§14 Packaging Materials, Batteries

14.1
As electrical and electronic devices do not belong in household waste, old devices must be returned to a collection point. Old devices from private households can be returned at the return and collection points of the public waste disposal authorities or at 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 page, you can find the nearest free return point nearby.

hoco, as a distributor according to § 3 para. 14 of the law for the further development of the household-related separate collection of waste containing valuable materials – Packaging Act (VerpackG), 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 by the purchasers themselves 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 to take back corresponding packaging under §§ 15 ff. VerpackG.

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

As an end user, you are legally obliged to return used batteries and/or accumulators. Old batteries/accumulators must not be disposed of in household waste at the end of their life; this is also indicated by the symbol of the crossed-out 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 bin. You can return old batteries/accumulators free of charge at a retail store or at another collection point near you. Addresses of suitable collection points can also be obtained 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 any specific questions, please feel free to contact us.

§15 General Terms and Conditions for Invoice & Installment Purchase

Link to the General Terms and Conditions for Invoice & Installment Purchase

§16 Terms of Participation for Competitions

16.1 Subject of the Terms of Participation and Organizer
(1) These Terms of Participation regulate the conditions for participation in the competition as well as any necessary rights transfers. The description and the course of the respective competition take place within the framework of the respective competition action of hoco online gmbh.
(2) The organizer of the competition is hoco online gmbh, Edisonstraße 63, House E, 1st Floor, 12459 Berlin.
(3) By participating in the respective competition, these Terms of Participation are accepted.

16.2 Participation
(1) All natural persons who have reached the age of 18 or minors under 18 years of age, provided that their legal representatives have declared their written consent to participation, are eligible to participate in the competition. Employees of hoco online gmbh and affiliated companies as well as relatives of such employees are excluded. Participation with false identities or with identities of third parties is not permitted.(2) Participation is possible until 30.09.2024 at 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). When making a reservation, the voucher code must be provided.
(2) The winner will be determined on 01.10.2024 after the end of participation among all eligible participants by drawing lots. Only one person can win. The winner will be notified by email and asked for consent to the transfer of the prize by BikeHotels.
(3) If the winner does not respond within 3 working days after notification, the claim to the prize expires. In this case, we are entitled to conduct a replacement draw.
(4) The prize is neither transferable nor can it be exchanged, returned or paid out in cash.
(5) If circumstances occur that we are not responsible for, the respective winner accepts a reasonable substitute 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 submit any content whose provision, publication or use violates applicable law or the rights of third parties.
(2) The participant indemnifies us from any claims of third parties of any kind that result 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 indemnifies Facebook and Instagram from any liability.

16.5 Exclusion

A violation of these Terms of Participation entitles us to exclude the respective participant from participation. This applies in particular if the participant makes false statements 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 societal standards of decency.

16.6 Early Termination and Changes

We reserve the right to terminate the competition at any time, even without notice, in whole or in part, or to change its course if it is not possible to guarantee proper conduct 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 participants, provided that we process them 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 only store, process and use the information to the extent necessary for the conduct of the competition or if the participant has given consent. This also includes use for the exercise of the granted usage rights. The data will be used exclusively for the conduct of the competition and will then be deleted.

(2) The participant can request information about the data stored about them at any time. 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 of Participation is or becomes invalid in whole or in part, this shall not affect the validity of the remaining provisions. Instead of the invalid provision, the legally permissible regulation that comes closest economically to the meaning and purpose expressed in the invalid provision shall apply. The same applies in the event of a regulatory gap in these Terms of Participation.

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 any (damage compensation) claims arising for the participants against hoco online gmbh. In the event of a cancellation, we will make every effort to inform the participants through a notice on our website and our social media channels.

We are not bound to a planned route in advance, and this may change at short notice or even during the ride. The routes of the rides are predominantly public roads. Each participant acknowledges that there will be road traffic and hazards such as road construction on the routes and expressly commits to comply with the applicable traffic rules (especially the StVO) during each ride.

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

By registering for a ride, each participant expresses that they possess sufficient cycling skills for the respective ride and sufficient physical fitness. We assume no liability for health risks of 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 rides at any time.

The operators of the Bike-Mailorder and New Order rides are also not liable to participants in the area of their own responsibility or for circumstances lying within the sphere of the participants (e.g., in the event of a fall of a participant, non-compliance with the StVO, etc.), regardless of the legal reason. Otherwise, hoco online gmbh is liable according to the statutory provisions if claims for damages are made that are based on intent or gross negligence of its actions and those of its representatives or vicarious agents.

As long as there is no intentional breach of duty and in the event of a culpable violation of an essential duty 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, whereby liability is limited to the foreseeable and contract-typical damages.

Furthermore, any liability of hoco online gmbh is expressly excluded. This liability exclusion also applies in favor of its vicarious agents, representatives and third parties with whom we cooperate in connection with the conduct of the rides.

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

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

§18 Miscellaneous

18.1
All contracts concluded with hoco online gmbh in the sense of § 1 are subject exclusively to the law of the Federal Republic of Germany, with the express exclusion of the U.N. Sales Law; if the purchaser is a consumer and does not have their residence in Germany, mandatory provisions of the country in which the consumer has their residence remain unaffected by this choice of law. In these cases, the law of the state in which the consumer has their residence applies in favor of the consumer. The language of the contract is German.

18.2
For all current and future claims arising from the business relationship with entrepreneurs, including bills of exchange and cheque claims, the place of jurisdiction is the registered office 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 of the filing of the lawsuit.

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

18.4
If the purchaser is an entrepreneur, the inclusion of their terms and conditions is rejected; in the event of a dissent in individual parts, the entire contract is deemed not concluded (§ 139 BGB).

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

18.6
If any of the preceding conditions are not valid, 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 – Withdrawal instruction as of: 28.03.2025

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

Provider:

hoco online gmbh
Edisonstraße 63
House 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