Terms and Conditions

Table of contents

§1 Scope of application, definition

§2 Conclusion of Contract

§3 Non-availability of the service

§4 Prices and Shipping Costs

§5 Payment, due date and default

§6 Set-off, assignment and right of retention

§7 Delivery and obligation to give notice of defects

§8 Retention of title

§9 Right of revocation for consumer contracts

§10 Warranty

§11 Limitation period

§12 Liability for damages

§13 Use of data

§14 Packaging material, batteries

§15 Terms and conditions for invoice & installment purchase

§16 Conditions of participation for competitions

§17 Disclaimer for rides via Komoot or Strava

§18 Miscellaneous

 

§1 Scope of application, definition
1.1

These terms and conditions apply to all orders placed with hoco online gmbh, Edisonstraße 63, Haus E, 1st floor, 12459 Berlin, Germany, hereinafter referred to as "hoco", by consumers or entrepreneurs via the internet portals or in any other form. In the case of verbal (esp. telephone) contract conclusions, the consumer will be informed of the validity of these General Terms and Conditions; in business transactions with entrepreneurs, these General Terms and Conditions will be included in the initial order for the ongoing business relationship. These General Terms and Conditions shall apply exclusively. General terms and conditions of the purchaser shall only apply insofar as hoco has expressly agreed to them in writing. In particular, the inclusion of general terms and conditions of a purchaser, which contradict these general terms and conditions, is contradicted already now. These General Terms and Conditions of Business shall also apply if hoco provides the service to the purchaser without reservation in the knowledge that the purchaser's terms and conditions contradict or deviate from these General Terms and Conditions of Business.

1.2

A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity, § 13 BGB (German Civil Code). 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 his commercial or independent professional activity, Section 14 (1) BGB. A partnership with legal capacity is a partnership endowed with the capacity to acquire rights and incur liabilities, §14(2) BGB.

 

§2 Conclusion of contract
2.1

The presentation of the products in the store does not constitute a binding offer, but a non-binding product presentation. To place an order in the webshop of hoco online gmbh, the purchaser must:

  1. Place items in the shopping cart;
  2. choose and enter login, billing and delivery address;
  3. choose shipping method and payment method;
  4. confirm the correctness of his data on the control page
  5. at the end click on the button "Order with obligation to pay".

The ordering process and the conclusion of the contract is carried out exclusively in German. By clicking the button "Order subject to payment", the purchaser places a binding order for the goods contained in the shopping cart. hoco confirms receipt of the order to the purchaser immediately by e-mail. The order represents an offer to hoco to conclude a contract. The purchaser is bound to his offer declaration for 5 days. Within this period of time, hoco can declare the acceptance of the offer. Acceptance of the offer is generally effected by delivery of the goods or, in exceptional cases, by hoco confirming the order to the purchaser in another binding manner - for example, by means of an express order confirmation by e-mail - in text form; the automatic order confirmation e-mail regarding receipt of the order is not a declaration of acceptance in the aforementioned sense. Delivery shall be made within the period of time within which the order is binding, i.e. within 5 days. Should the delivery exceptionally take place after the expiration of 5 days, the purchaser is no longer bound to his order. Otherwise, the delivery of goods after the expiration of 5 days is a new offer for the conclusion of the contract; the purchaser can accept this offer by explicit or conclusive action (especially acts of appropriation or use); in this respect, hoco waives the receipt of the declaration of acceptance (§ 151 BGB).

2.2

The text of the contract is not stored. It can be printed out before the order is sent. The actual order data is stored, but for security reasons it cannot be accessed via the Internet.

2.3

An order can also be placed by telephone or fax. When ordering by telephone, the purchaser will be referred to the hoco website to view these General Terms and Conditions; upon request, these General Terms and Conditions will be sent to the purchaser in text form. In the case of orders placed by fax, the General Terms and Conditions will be sent to the purchaser by fax.

2.4

If the purchaser is an entrepreneur, a preliminary contract is initially concluded in accordance with § 2.1, subject to a deviating agreement in the individual case. hoco is initially only obligated to make efforts to ensure sufficient supply and, if necessary, to contact its suppliers. The entrepreneur is initially only obligated to notify hoco in text form at least three days in advance if he is not willing to conclude the (future) contract. The preliminary contract is binding 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

Should hoco accept the offer at modified 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 purchaser of the modified offer in text form immediately after the order. In this case, a consumer has the option of accepting the offer within 14 days, either expressly or by conclusive action (in particular acts of assignment or use) or by e-mail. In this respect, hoco waives receipt of the purchaser's declaration of acceptance (§ 151 BGB). If the purchaser, as an entrepreneur, is independently active on the market to a larger extent 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 expect acceptance of the modified offer due to a significant deviation from the original order.

2.6

A contract shall not be concluded if an offer from hoco contains obvious typographical errors or other false information concerning the characteristics or price of the product. hoco must prove to the purchaser that a typographical error or false information is involved. If the purchaser is a consumer, hoco shall be liable without limitation for all information regarding the quality of the product within the meaning of § 434 I 3 BGB (German Civil Code); in particular, the consumer may rely on the correctness of the product information provided on the websites mentioned under § 1.1.

 

§3 Non-availability of the service
3.1

Every offer is subject to self-supply; if the ordered goods are not available because hoco could not foresee at the time of the conclusion of the contract and through no fault of its own is not supplied by its supplier, hoco has the right to withdraw from the contract. In this case, hoco will immediately inform the purchaser that delivery is not possible and will immediately refund any purchase price already paid. In relation to consumers, this right only exists 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 acted neither grossly negligent nor intentionally with regard to the lack of availability; any liability due to pre-contractual fault (c.i.c.) remains unaffected. In the case of a wrong delivery in the sense of § 434 III BGB, the consumer is entitled to the statutory rights without restriction.

 

§4 Prices and shipping costs
4.1

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

4.2

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

In the case of shipping to different islands, additional costs will be charged, which are based on the retrievable shipping costs 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 is payable by advance payment, direct debit, Amazon Payments, credit card (Mastercard or Visa), Paypal, Paydirekt, eps, iDeal, Sofortüberweisung or by cash payment upon collection of the goods at the company headquarters. In case of payment 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. You can also get more information about our credit check here. The payment period for purchase on account is 10 days from the date of issue, unless otherwise agreed.

5.2

By stating 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 upon conclusion of the contract; any bank charges resulting from failure of the money order due to insufficient funds in the account shall be borne by the purchaser. If the customer agrees to the direct debit procedure, the money will be debited by us after delivery and invoicing. There will be no prior check whether the goods are in stock.

5.3

Notwithstanding the preceding provisions, payment of the purchase price shall be due in full upon delivery. The purchaser is in default of payment 10 days after delivery without further explanation on the part of hoco, as far as he has not paid. In the event of defects, the purchaser shall not be entitled to a right of retention, unless the retention is in reasonable proportion to the defects and the anticipated costs of non-fulfillment (in particular, a remedy of defects).

Partial deliveries are permissible, however, only under the strict condition that the acceptance is reasonable for you, based on a reasonable assessment of the situation of hoco and your interests worthy of protection; the purchase price is due proportionately to the partial delivery. The invoice amount is to be paid in one sum. After expiry of 30 days from proper receipt of the goods together with the invoice, the purchaser shall automatically be in default of payment (§ 286 III BGB); this shall only apply to a consumer if there is a corresponding warning notice in the respective invoice. The statutory provisions concerning the consequences of default in payment shall apply.

5.4

In the case of delayed payment, hoco is entitled to withdraw from the contract after the fruitless expiration of the deadline. The setting of a deadline is dispensable if the purchaser finally refuses the service or if he does not perform the service on a certain date or within a period of time and hoco has bound his interest in the service to the timeliness of the service. Special circumstances, which justify the withdrawal under mutual interest, can also be asserted.

5.5

During the delay in payment, the purchaser is liable for any negligence and for the accidental loss of the item provided or already delivered to hoco (§ 287 BGB). If the purchaser does not accept the properly delivered goods - without exercising any right of revocation or return in the case of a consumer goods purchase - in the case of default of acceptance, he/she owes in particular the additional expenses incurred, for example the additional express costs incurred as a result of the multiple delivery attempt or any safekeeping costs, administrative costs, etc. (§ 304 BGB); hoco is no longer responsible for simple negligence from the time of default of acceptance (§ 300 BGB). Default of acceptance exists in particular if the purchaser is not personally present at the specified delivery address at the specifically agreed time of performance. If the purchaser seriously and finally refuses acceptance without justification, hoco can withdraw from the contract and, in particular, claim the lost business profit as damages (§ 325 BGB).

 

§6 Offsetting, 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 (German Commercial Code) 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 give notice of defects
7.1

Delivery shall be made to the delivery address specified by the Purchaser. If the orderer is an entrepreneur, the risk shall pass upon delivery of the goods to the forwarding agent or any other person designated to dispatch the goods (§ 447 BGB); if the purchaser is a consumer, the risk of accidental loss and accidental deterioration shall pass upon delivery of the item to the carrier or other person designated for shipment, if the purchaser has commissioned the carrier, the freight forwarder or other person or institution designated for shipment and hoco has not previously named this person or institution to the purchaser, otherwise only upon delivery of the item to the purchaser or from the time of default of acceptance (§ 474 II BGB).

7.2

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

7.3

The Purchaser shall inspect the goods for quality and quantity immediately after delivery. The rights of the consumer from §§ 434 ff. BGB shall not be restricted in the event of a breach of this obligation; in individual cases, however, the breach of obligation may give rise to contributory negligence on the part of the consumer pursuant to § 254 BGB. The entrepreneur shall give notice of obvious defects immediately after delivery of the goods and of hidden defects immediately after discovery or objective possibility of discovery. The validity of § 377 HGB remains unaffected.

7.4

If the customer is an entrepreneur, there is the possibility of direct delivery of the goods to his customers after corresponding agreement. If these customers are consumers, they also represent themselves 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 in accordance with § 7.4 instead of the entrepreneur; the rights of the consumer against his 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 received. The same applies to items delivered within the scope of repair or other installation contracts. The legal rights of ownership according to §§ 946 ff. BGB (German Civil Code) remain unaffected; the unauthorized purchaser is obligated to retransfer ownership of the installed component, if applicable. The retention of title also remains in effect for all claims that hoco subsequently acquires against the purchaser in connection with his delivery or service. Until the claims arising from the retention of title have been 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 that hoco is in default with the legally owed subsequent performance. The purchaser is obligated to handle the goods with care as long as ownership has not yet passed to him. If maintenance and inspection work must be carried out, the purchaser must carry this out in good time at his own expense. As long as the ownership has not yet been transferred, the purchaser must inform hoco immediately in writing if the delivered item is seized or exposed to other interventions by third parties. If the third party is not in a position to reimburse hoco for the judicial and extrajudicial costs of a lawsuit in accordance with § 771 ZPO, the purchaser shall be liable for the loss incurred by hoco. If the purchaser does not fulfill his due obligations from the reservation of ownership, hoco can withdraw from the contract after setting an appropriate deadline and demand the return of the reserved goods from the purchaser and, after warning with an appropriate deadline, realize them in the best possible way by selling them on the open market, offsetting them against his claim. All costs of taking back and realizing the reserved goods shall be borne by the customer.

 

START OF CANCELLATION POLICY

 

§9 Right of revocation for consumer contracts
9.1 Right of revocation (General/eCommerce)

You have the right to revoke this contract within 100 days without giving any reason.

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

In order to exercise your right of withdrawal, you must inform us, hoco online gmbh, represented by the managing directors, Mr. Daniel Bohne and Mr. Sven Mack, Edisonstraße 63, Haus E, 1.OG, 12459 Berlin, e-mail: feedback@bike-mailorder.de, Tel +49 30 9599811-30, Fax +49 30 9599811-40, www. bike-mailorder.de, by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) about your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, but it is not mandatory.

Sample cancellation form

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

  • To [here the name, address and if necessary the fax number and e-mail 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 consumer(s):
  • Address of consumer(s):
  • Signature of consumer(s) (only if notice is on paper):
  • Date:

___________

(*) Delete where inapplicable.

In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.

 

9.2 Consequences of revocation:

If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.

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

You must return or hand over the goods to us without undue delay and in any case no later than within 100 days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of 100 days.

You shall bear the direct costs of returning the goods.

You will only have to pay for any loss in value of the goods if this loss in value is due to your handling the goods in a way that is not necessary for the inspection of 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 pay return shipping costs in case of revocation

The costs for the return shipment have to be paid by the customer.

9.4

A right of revocation does not exist according to § 312g BGB among other things for

  • Contracts for the delivery of goods which 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 delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery,
  • Contracts for the delivery of goods if they 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 seal was removed after delivery,
  • contracts for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts,

for the provision of non-residential accommodation services, carriage of goods, motor vehicle rental, supply of food and beverages, and for the provision of other services related to leisure activities, if the contract provides for a specific date or period for the provision, unless they are contracts for travel services within the meaning of § 651a. 651a of the Civil Code, if they are concluded away from 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 where the Consumer has expressly requested the Entrepreneur to visit him in order to carry out urgent repair or maintenance work; this shall not apply with regard to further services which the Consumer has not expressly requested or with regard to such goods delivered during the visit which are not necessarily required as spare parts during the maintenance or repair, unless the parties have expressly agreed otherwise.

9.5

In addition to the purchaser's legal right of revocation, the purchaser may return goods delivered by hoco under the following conditions for 100 days (beginning on the day after receipt of the goods) to hoco online gmbh, Edisonstraße 63, Haus E, 1st floor, 12459 Berlin: For returns within Germany, hoco will bear the postage costs.

Conditions for the 100-day right of return:

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

The legal 14-day right of withdrawal of the purchaser and his legal warranty claims remain unaffected by this, of course! Until the legal right of withdrawal of the purchaser has expired, only the conditions stated in the cancellation policy apply.

 

§10 Warranty
10.1

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

10.2

A product that is already defective upon delivery (warranty case) will first be replaced by hoco at its own expense with a product of equal value or will be professionally repaired (at the choice of the purchaser) (§ 439 I BGB). hoco can refuse the type of supplementary performance chosen by the purchaser without prejudice to § 275 Para. 2 and 3 BGB, if it is only possible with disproportionate costs. In particular, 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 shall be taken into account. In this case, the Purchaser's claim shall be limited to the other type of supplementary performance; the Seller's right to also refuse this under the conditions of sentence 1 shall remain unaffected (§ 439 IV BGB). If the statutory requirements are met, the Purchaser - subject to the limitation of liability under § 12 - shall have the further rights under § 437 No. 1-3 BGB.

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

in the case of damage caused to the purchaser by misuse or improper use, insofar as this is not due to faulty assembly instructions, in the case of damage caused by the products having been exposed to harmful external influences at the purchaser's premises (in particular extreme temperatures, humidity, unusual physical or electrical stress, voltage fluctuations, lightning, static electricity, fire). hoco also provides no warranty for a fault caused by improper repair by a service partner not authorized by the manufacturer.

10.3

Both in the case of a justified repair request and in the case of a justified replacement request, the purchaser is obligated to send the defective product at the expense of hoco to the specified return address (§ 9.1) - if possible, stating the order number. Prior to sending in the product, the purchaser should, in his own interest, remove any items he has inserted or added from/from the product. hoco is not obliged to inspect the product for the installation of such items. hoco shall not be liable for the loss of such items, unless it was readily apparent to hoco at the time the product was returned that such an item had been inserted or added to the product; in this case, hoco shall inform the purchaser and hold the item ready for collection. Should the product inspection reveal that the complaint is obviously unfounded, the purchaser is obligated to compensate hoco for expenses in the amount of a lump sum of € 40.00; both contracting parties are free to prove lower or higher expenses in individual cases. The burden of proof regulation of § 476 BGB (German Civil Code) remains unaffected in relation to consumers. Should a warranty case actually exist, hoco shall reimburse the purchaser for the shipping costs incurred immediately after the supplementary performance has been carried out (§ 439 II BGB).

10.4

If the purchaser sends the goods in order to receive a replacement product, the return of the defective product shall be governed by the following provisions: If the purchaser, as an entrepreneur, was able to use the goods in a defect-free condition between delivery and return, he shall reimburse hoco for the value of the benefits derived from the use of the goods (§ 439 V BGB). For each commenced month of use, a lump-sum compensation for use in the amount of 4 % of the purchase price of the replaced goods shall be due; the Purchaser shall be at liberty to prove a lower compensation for use.

10.5

Withdrawal shall only be possible in the event of a not insignificant defect (§ 323 V BGB); claims for damages shall only exist - also for consumers - in accordance with § 13 (§ 475 III BGB).

10.6

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

 

§11 Limitation period
11.1

The legal warranty for claims against consumers as defined in § 437 of the German Civil Code (BGB) 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, the warranty period for new items shall also be one year from the transfer of risk. Not covered by the above limitations is the liability for damages arising from injury to life, limb 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 the liability for other damages, which are 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 agents; also unaffected is a liability for pre-contractual fault (c. i.c.) or under the Product Liability Act.

11.2

If the Purchaser is a consumer, the limitation period shall commence upon receipt of the goods, in the case of entrepreneurs upon provision of the goods or handover to the forwarding agent. The limitation period pursuant to § 11.1 shall not be extended by any warranty granted by the manufacturer.

 

§12 Liability for damages
12.1

hoco is liable for grossly negligent and intentional breaches of duty, as well as for bodily injury caused by simple negligence. If the purchaser is an entrepreneur, the liability for non-intentional acts is limited to the typically foreseeable damage at the time of the conclusion of the contract.

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

12.3

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

12.4

hoco is also responsible for the impossibility of delivery occurring by chance during the delay, unless the damage would also have occurred in the case of timely delivery.

 

§13 Use of data
All personal data is treated strictly confidential at hoco. hocos' data protection practice is in particular in accordance with the DSGVO, the Federal Data Protection Act (BDSG new) and the Telemedia Act (TMG). Personal customer data is only passed on to third parties for the purpose of processing orders. Only the necessary data is passed on to the service provider, the distributor and the parcel or courier service. Among other things, it is possible at any time to request information free of charge about the personal data stored about you and to have it deleted, corrected or blocked for advertising purposes. Our detailed privacy policy can be found here.

 

§14 Packaging material, batteries
14.1

Since electrical and electronic equipment does not belong in household waste, old equipment must be handed in at a collection point. Waste equipment from private households can be handed in at the return and collection points of the public waste management authorities or at collection points set up by manufacturers or distributors in accordance with the ElektroG. hoco is registered with the EAR foundation to fulfill the obligations according to the ElektroG and fulfills the obligations through take-e-way GmbH. On the website of take-e-way you can find the nearest free take-back point.

As a distributor, hoco is obligated pursuant to Section 3 (14) of the Act on the Further Development of the Household Separate Collection of Waste Containing Recyclable Materials - Packaging Act (VerpackG) to join a nationwide system for the return of sales packaging pursuant to Section 7 VerpackG. Of course, hoco has fulfilled this obligation. The packaging materials shipped by hoco can therefore be disposed of separately by the purchasers themselves in a system corresponding to § 13 ff. VerpackG (German Packaging Act). However, it is also possible to return the used materials to hoco, because hoco is obligated within the framework of §§ 15 ff. VerpackG, hoco is obliged 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. Used batteries/accumulators must not be disposed of in household waste at the end of their service life; this is also indicated by the symbol with the crossed-out trash can.

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 can. You can return used batteries / accumulators free of charge to a retail store or other collection point near you. Addresses of suitable collection points can also be obtained from your city or local government. You can also return your used batteries / accumulators free of charge to our dispatch warehouse at the address given in the imprint. If you have any special questions, please do not hesitate to contact us.

 

§15 AGB for invoice & installment purchase
Link to the terms and conditions for invoice & installment purchase

 

§16 Conditions of participation for competitions
16.1 Subject of the Conditions of Participation and Organizer

(1) These conditions of participation regulate the conditions for participation in the sweepstakes as well as any necessary transfer of rights. The description and the procedure of the respective sweepstakes shall take place within the framework of the respective sweepstakes campaign of hoco online gmbh.

(2) The organizer of the competition is hoco online gmbh, Edisonstraße 63, Haus E, 1st floor, 12459 Berlin.

(3) By participating in the respective competition, these conditions of participation are accepted.

 

16.2 Participation

(1) All natural persons over the age of 18 or young persons under the age of 18 are eligible to participate in the competition, provided that their legal representatives have given their written consent to their participation. Employees of hoco online gmbh and affiliated companies as well as relatives of such employees and their relatives are excluded. Participation with forged identities or with identities of third parties is not permitted.

(2) Eligible participants can take part in the competition by

either liking the Facebook account of Bike Mailorder or following the Instagram account of Bike Mailorder,
liking the sweepstakes post on Facebook or Instagram and
commenting on the post and answering the question "What do you need to ride?" and stating the reason for their answer.
(3) Participation is possible until 13.03.2022 23:59.

 

16.3 Winning and notification of winning

(1) Among all eligible participants, one person will receive the product he or she named in the comment as a prize, provided that this product is below the price limit of 1.500,-€ RRP given by hoco online gmbh - provided that the product is in stock after the competition period.

(2) The winner will be determined by drawing lots from all eligible participants on 14.3.2022 after the closing date. Only one person can win. The winner will be announced via Facebook and Instagram post on the Bike Mailorder account and will be asked to provide the address for shipping the item via Direct Message on Facebook or Instagram within the next 3 business days (72 hours from the announcement of the winner).

(3) If the winner does not contact us by email within the period of 72 hours after announcement, 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 arise for which we are not responsible, the respective winner shall accept an appropriate substitute prize. Such circumstances beyond our control are in particular 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/she will not send any content whose provision, publication or use violates applicable law or the rights of third parties.

(2) The participant indemnifies us against claims of third parties of any kind whatsoever 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 competition, the participant releases Facebook and Instagram from any liability.

 

16.5 Exclusion

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

 

16.6 Early termination and changes

We reserve the right to prematurely terminate the competition in whole or in part at any time, even without observing deadlines, or to change its course if it is not possible to guarantee proper implementation of the competition for technical reasons (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

We are responsible for the collection, processing and use of participants' personal data, insofar as we process this data ourselves. We will use the participant's personal information and other personal data only in accordance with the statutory provisions of data protection law. We will only store, process and use the information to the extent that this is necessary for the implementation of the competition or if the participant has given his/her consent. This also includes use for exercising the rights of use granted. The data will only be used to carry out the competition and will be deleted afterwards.

The participant may at any time request information about the data stored about him or her. In all other respects, our data protection declaration shall apply accordingly, which can be accessed at https://www.bike-mailorder.de/datenschutz/.

 

16.8 Final provisions

Should any provision of these Terms and Conditions of Participation be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions of these Terms and Conditions of Participation. Instead of the invalid provision, the legally permissible provision that comes closest in economic terms to the meaning and purpose expressed in the invalid provision shall apply. The same applies in the event of a loophole in these conditions of participation.

The hoco online gmbh team wishes you good luck and success.

Status: 28.02.2022

 

§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 events. Participation is usually free of charge. A ride can be cancelled at any time - especially due to bad weather - without the participants incurring any (compensation) claims against hoco online gmbh. In the event of a cancellation, we will make every effort to inform participants by posting a notice on our website and social media channels.

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

Participation in our rides is exclusively at your own risk. In particular, each participant is responsible for the safety of his or her own equipment (e.g. the roadworthiness of his or her bicycle, etc.) and agrees 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 his speed to his riding ability as well as his physical condition.

By registering for a ride, each participant expresses that he or she has sufficient cycling skills and physical fitness for the ride in question. We do not assume any liability for health risks of the participants in connection with the rides and it is incumbent upon each participant to check his or her state of health beforehand. In justified cases, we are entitled to exclude individual participants from further rides at any time.

Furthermore, the operators of the bike mail order and new order rides are not liable to the participants in the area of their own responsibility or other circumstances lying in the sphere of the participants (e.g. in the case of a fall of a participant, non-observance of the traffic regulations, etc.), regardless of the legal grounds. In all other respects, hoco online gmbh shall be liable in accordance with the statutory provisions, insofar as claims for damages are asserted that are based on intent or gross negligence on the part of hoco online gmbh or its representatives or vicarious agents.

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

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

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

The exclusion of liability refers to direct damages as well as to consequential damages.

With the registration the participant accepts the ride rules and the exclusion of liability. In addition, the participant confirms with his registration that he is at least 18 years old. Minors need the consent of a parent or guardian to register for our rides.

 

§18 Miscellaneous
18.1

All contracts concluded with hoco online gmbh in the sense of § 1 are exclusively subject to the laws 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 reside in Germany, mandatory regulations of the country in which the consumer resides remain unaffected by this choice of law. In such cases, the law of the country in which the consumer is domiciled shall apply in favor of the consumer. The language of the contract shall be German.

18.2

For all current and future claims arising from the business relationship with entrepreneurs, including bill of exchange and check 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 Germany, moves his residence or habitual abode out of Germany after conclusion of the contract, or his residence or habitual abode is not known at the time the action is filed.

18.3

In business transactions with companies, the joint place of performance of the parties is the registered office of hoco online gmbh.

18.4

If the purchaser is an entrepreneur, the inclusion of his general terms and conditions is contradicted; in the case of a disagreement in individual parts, the entire contract is considered not concluded (§ 139 BGB).

18.5

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

18.6

Should one of the above conditions not be effective, this shall not affect the validity of the remaining provisions.

18.7

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

 

Status: 17.03.2021 - Cancellation policy Status: 17.03.2021

 

Alternative Dispute Resolution pursuant to Art. 14 para. 1 ODR Regulation and § 36 VSBG:

The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr/.

hoco is not obligated to participate in a dispute resolution procedure before a consumer arbitration board and is generally not prepared to do so.

 

Provider:
hoco online gmbh
Edisonstrasse 63
House E, 1st floor
12459 Berlin

Responsible for the content: Daniel Bohne, Sven Mack

Contact:
Phone: +49 30 9599811-30
Fax: +49 30 9599811-40
E-mail: feedback@bike-mailorder.de