Terms and Conditions

1.1
These terms and conditions apply to all orders placed with hoco online gmbh, Edisonstraße 63, Haus E, 1st floor, 12459 Berlin, hereinafter referred to as "hoco", 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. These General Terms and Conditions apply exclusively. The general terms and conditions of the orderer apply only insofar as hoco has expressly agreed to them in writing. In particular, the inclusion of general terms and conditions of an orderer that contradict these general terms and conditions is already contradicted. These General Terms and Conditions also apply if hoco, in knowledge of conflicting or deviating terms and conditions of the orderer, provides the service to him without reservation.

1.2
A consumer is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to 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 equipped with the capacity to acquire rights and incur liabilities, § 14 para. 2 BGB.

§2 Conclusion of Contract

2.1
The presentation of the 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 orderer must:

1) Add items to the shopping cart;

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

3) Select shipping method and payment method;

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

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

The ordering process and the conclusion of the contract take place 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 confirms receipt of the order to the customer immediately 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 through the delivery of the goods or, exceptionally, by hoco confirming the order to the customer in text form in another way, such as through an express order confirmation via email; the automatic order confirmation email regarding the receipt of the order is not a declaration of acceptance in the aforementioned sense. Delivery occurs within the offer binding period of the customer, i.e., within 5 days. If the delivery exceptionally takes place only after 5 days, the customer is no longer bound to their order. Otherwise, the delivery of goods after 5 days constitutes a new offer to conclude a contract; the customer can accept this offer either expressly or through conclusive actions (especially appropriation or usage actions); hoco waives the receipt of the declaration of acceptance in this respect (§ 151 BGB).

2.2
The contract text is not stored. It can be printed before submitting the order. 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 phone 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 strive for adequate supply and, if necessary, to contact its suppliers. The entrepreneur is initially only obliged to notify hoco in text form at least three days in advance of withdrawing from the willingness to conclude the (future) contract. 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 altered conditions, e.g., a different price, this acceptance is to be considered 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 option to accept the offer within 14 days explicitly or by conclusive action (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 larger 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 reasonably expect 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 affect 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 specifications within the meaning 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 Non-availability of Service

3.1
Every offer is subject to the reservation of self-supply; if the ordered goods are not available because hoco was unforeseeably and through no fault of its own 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 immediately inform the customer that delivery is not possible and will promptly refund any purchase price already paid. This right exists for 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 unless hoco acted neither with gross negligence nor with intent regarding the lack of availability; any liability due to pre-contractual fault (c.i.c.) remains unaffected. In the event of incorrect delivery within the meaning of § 434 III BGB, the consumer is entitled to the statutory rights without restriction.

§4 Prices and Shipping Costs

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

4.2
hoco delivers to Germany and European countries abroad. We charge a flat shipping fee for shipping. This is determined according to the respective valid shipping cost table and will be displayed before the order is submitted. For shipping to non-EU countries (e.g., Switzerland or Norway), customs clearance costs are incurred, which are not included in the flat shipping costs.

For shipping to different islands, additional costs are charged according to 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 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's 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 declined in the case of negative creditworthiness. More information about our credit check can also 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 debit the purchase price amount from the credit card account/checking account specified by the customer in the order upon conclusion of the contract; any bank fees resulting from a failed money transfer due to insufficient account funds are to be borne by the customer. If you agree to the direct debit procedure, the money will be debited by us after delivery and invoicing. A prior check to see if the goods are in stock does not occur.

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

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

5.4
In the event of default, hoco is entitled to withdraw after an unsuccessful deadline. Setting a deadline is unnecessary if the customer ultimately refuses performance or fails to perform by a specific date or within a period, and hoco has tied its interest in performance to the timeliness of the performance. Special circumstances that justify withdrawal under mutual interest can also be asserted.

5.5
The purchaser is liable during the payment delay for any negligence and for the accidental loss of the item provided or already delivered by hoco (§ 287 BGB). If the purchaser does not accept the properly delivered goods - without exercising a possible right of withdrawal or return in the case of consumer goods purchase - he owes, in the event of acceptance delay, in particular, the additional expenses incurred, such as the additional express costs due to multiple delivery attempts or any storage costs, administration 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 time of performance. If the purchaser unjustifiably seriously and definitively refuses acceptance, hoco can withdraw from the contract and in particular claim lost business 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 by 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 his 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 forwarding agent or another person designated for dispatch upon delivery of the item (§ 447 BGB); if the purchaser is a consumer, the risk of accidental loss and accidental deterioration passes to the forwarding agent or another person designated for dispatch upon delivery of the item, if the purchaser has commissioned the forwarding agent, the carrier, 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 upon 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 according to § 3.1. Subject to the priority of a verifiable individual agreement, only delivery dates agreed in text form are considered binding in case of doubt.

7.3
The purchaser must immediately examine the goods after delivery for quality and quantity. The rights of the consumer 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 duty according to § 254 BGB. The entrepreneur must immediately report obvious defects 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 are subject to the obligation to give notice of defects instead of the entrepreneur 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 is made. The same applies to items delivered as part of repair or other assembly contracts. The statutory ownership rights according to §§ 946 ff. BGB remain unaffected; the unauthorized acquirer is obliged to reassign the installed component if necessary. The retention of title also remains in effect for all claims that hoco subsequently acquires against the purchaser in connection with their 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, lent, or given away, nor may they be sent for repair to third parties; this does not affect the consumer's right to remedy defects in the event of hoco's delay in the legally owed supplementary 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 needs to be carried out, the purchaser must do so at their own expense in a timely manner. As long as ownership has not yet been transferred, the purchaser must notify hoco immediately in writing if the delivered item is seized or subject 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 an appropriate deadline and demand the return of the reserved goods from the purchaser, as well as best utilize them through private sale with offsetting against their claim after warning with an appropriate deadline. The purchaser bears all costs of the return and utilization of the reserved goods.

BEGIN REVOCATION INSTRUCTION

§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 you or a third party named by you, who is not the carrier, have taken possession of the goods.

To exercise your right of withdrawal, you must inform us, hoco online gmbh, represented by the managing director, Mrs. Daniela Thinius , Edisonstraße 63, Haus 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 statement (e.g., a letter sent by post, fax, or email) about your decision to revoke this contract. You can use the attached model withdrawal form, which is, however, not mandatory.

Sample for the withdrawal form

(If you want to revoke the contract, please fill out this form and return it.)

To [here the name, address, and, if applicable, the fax number and email address of the entrepreneur is to be inserted by the entrepreneur]:
I/we (*) hereby revoke 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 for notification on paper):
Date:

___________

(*) Delete as applicable.

To meet the withdrawal deadline, it is sufficient for you to send the notification about the exercise of the right of withdrawal before the withdrawal period expires.

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

We may refuse to make the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us without delay and in any case at the latest within 100 days from the day on which you inform us about the withdrawal of this contract. The deadline is met if you send the goods before the period of 100 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 which is not necessary for checking the condition, properties, and functioning of the goods.

If you wish to revoke the contract, you can use this form to declare your revocation.

END OF CANCELLATION POLICY

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

The costs for the return 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 choice 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 reasons of health protection or hygiene if their seal was removed after delivery,
Contracts for the supply of goods that, after delivery, are 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 was 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 the provision of further services related to leisure activities, if the contract provides for a specific date or period for the provision, unless it concerns contracts for travel services according to § 651a BGB, if these have been concluded outside of business premises, unless the oral negotiations on which the contract is based were conducted at the prior request of the consumer,
Contracts where the consumer has expressly requested the entrepreneur to visit them 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, the customer 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 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, 50 euros will be charged.

Conditions for the 100-day return policy:

The goods must show no signs of use and must be complete and in their original packaging within the 100-day period at hoco.

The statutory 14-day right of withdrawal of the customer and their statutory warranty claims remain unaffected by this! 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, notwithstanding § 275 paragraphs 2 and 3 BGB, if it is only possible with disproportionate costs. In this regard, the value of the item in a defect-free condition, the significance of the defect, and the question of whether the other type of supplementary performance could be resorted to 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 supplementary performance; the seller's right to also refuse this 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 No. 1-3 BGB.

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

in the case of damages that have arisen at the purchaser due to misuse or improper use, unless these are based on a defective installation manual, in the case of damages that have arisen because the products have been exposed to harmful external influences at the purchaser (in particular extreme temperatures, humidity, extraordinary physical or electrical stress, voltage fluctuations, lightning strike, static electricity, fire). Furthermore, hoco does not provide a warranty for a defect that has arisen due to improper repair by a service partner not authorized by the manufacturer.

10.3
In both the case of a justified repair request and 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 including the order number. Before sending, the purchaser should remove any items attached to or inserted into the product in their own interest. 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 taking back 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 available for collection. If it turns out during the product inspection that it is an obviously unfounded defect complaint, the purchaser is obliged to pay hoco a flat fee of 40.00 € as compensation for expenses; both contractual parties remain free to prove a lower or higher expense in individual cases. The burden of proof regulation of § 476 BGB remains unaffected for consumers. If there is indeed a warranty case, hoco will immediately reimburse the purchaser for the shipping costs incurred after the supplementary performance has been carried out (§ 439 II BGB).

10.4
If the buyer sends in the goods to receive a replacement product, the return of the defective product is governed by the following provisions: If the buyer, 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 buyer is allowed 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 exist - also for consumers - only in accordance with § 13 (§ 475 III BGB).

10.6
In addition, claims against the manufacturer may exist for products delivered within the Federal Republic of Germany under a warranty promise granted by the manufacturer, which is subject to the respective warranty conditions. hoco is not responsible for the warranty promises of the manufacturers.

§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 limitations above do not cover liability for damages resulting from injury to life, body, or health caused by our negligent breach of duty or an intentional or negligent breach of duty by one of our legal representatives or vicarious agents, or liability for other damages resulting from grossly negligent breach of duty by us or from intentional or grossly negligent breach of duty by one of our legal representatives or vicarious agents; liability for pre-contractual fault (c.i.c.) or under the Product Liability Act also remains unaffected.

11.2
If the buyer is a consumer, the limitation period begins upon receipt of the goods, for entrepreneurs with the provision of goods or handover to the shipping company. Any 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 intentional breaches of duty, as well as for simply negligently caused bodily injuries. If the buyer 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 breach of essential contractual obligations and limited to the foreseeable damage at the time of contract conclusion. This limitation does not apply in the case 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 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 for fraudulent concealment of a defect or from the assumption of a guarantee by hoco remains.

12.4
hoco is also responsible for the impossibility of delivery occurring by chance 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 at 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, the distributor, and the parcel or courier service. There is, among other things, 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. You can find our detailed data protection declaration here.

§14 Packaging Material, Batteries

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

hoco, as a distributor according to § 3 Abs. 14 of the Act on the Further Development of Separate Collection of Recyclable Waste - 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 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 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 at our shipping warehouse at the address provided in the imprint. If you have any specific questions, please feel free to contact us.

§15 Terms and Conditions for Invoice & Installment Purchase

Link to the Terms and Conditions for Invoice & Installment Purchase

§16 Participation Conditions for Competitions

16.1 Subject of the Participation Conditions and Organizer
(1) These participation conditions regulate the conditions for participation in the competition as well as any necessary rights transfers. The description and procedure 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 participation 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 years, provided their legal representatives have declared their written consent to the participation. 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 used within two years from the date of issue at one of the BikeHotels South Tyrol (See www.bikehotels.it) can be redeemed. When booking, the voucher code must be provided.
(2) The winner will be determined by a draw among 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 for prize delivery by BikeHotels.
(3) If the winner does not respond within 3 business days after the announcement, the prize claim 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 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 he will not send any content whose provision, publication, or use violates applicable law or third-party rights.
(2) The participant indemnifies us from claims of any kind by third parties resulting 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 contest, 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 uses photos or other content (e.g., comments) that violate applicable law or third-party rights. The same applies to comments that can be considered glorifying violence, offensive, harassing, or degrading or otherwise violate societal decency.

16.6 Premature Termination and Changes

We reserve the right to terminate the contest at any time, even without notice, in whole or in part, or to change its course if it is not possible to guarantee the proper execution of the contest for technical (e.g., computer virus, manipulation of or error 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 we process them ourselves. We will only use the participant's personal data and other personal data within the framework of the statutory provisions of data protection law. We will only store, process, and use the information to the extent necessary for the execution 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 the execution of 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 these terms and conditions of participation shall not be affected. Instead of the invalid provision, the legally permissible regulation that comes closest to the economic 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 of participation.

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

Status: 03.03.2022

§17 Disclaimer for Rides via Komoot or Strava

The rides organized by hoco online gmbh under the brand name Bike Mailorder and New Order are not bicycle 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, and it can change at short notice or even during the ride. The routes of the rides are mostly public roads. Each participant acknowledges that there will or may be road traffic and danger spots such as road construction on the routes and expressly commits to complying with the applicable traffic regulations (especially the Road Traffic Regulations) 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 meets TÜV/GS standards during the rides. Each participant must also adapt their riding speed to their driving skills and physical condition, regardless of the group's behavior or other participants.

By registering for a ride, each participant expresses that they have sufficient cycling skills for the respective ride and sufficient physical fitness. We do not assume any 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 at any time to exclude individual participants from further participation.

The operators of the Bike-Mailorder and New-Order rides are also not liable to participants in the area of their own responsibility or other circumstances within the sphere of the participants (e.g., in the case of a participant's fall, non-compliance with road traffic regulations, etc.), regardless of the legal reason. Otherwise, hoco online gmbh is liable according to the statutory provisions, provided that claims for damages are asserted based on intent or gross negligence of its actions as well as its representatives or agents.

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

The liability for culpable injury to life, body, or health of a participant remains unaffected, whereby liability is limited in amount to foreseeable and contract-typical damages.

Furthermore, 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 implementation 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. Additionally, 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 within the meaning of § 1 are subject exclusively to the law of the Federal Republic of Germany, with the express exclusion of the U.N. Sales Convention; If the purchaser is a consumer and has their residence not in Germany, mandatory provisions of the country where 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 contract language is German.

18.2
For all current and future claims from the business relationship with entrepreneurs, including bill of exchange and check claims, the place of jurisdiction is the seat 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 abroad 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 joint place of performance of the parties is the seat of hoco online gmbh.

18.4
If the customer is an entrepreneur, the inclusion of their terms and conditions is objected to; in the event of a disagreement 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 foregoing 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 obligated and generally not willing to participate in a dispute resolution procedure before a consumer arbitration board.

Provider:

hoco online gmbh
Edisonstraße 63
House E, 1st floor
12459 Berlin

Responsible for 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