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Terms and Conditions
✓ Zugspitz Bike Lermoos

General terms and conditions of business

 

GENERAL TERMS AND CONDITIONS Purchases of goods

from Fasser GmbH Zugspitz Bike Unterdorf 14/3 A-6631 Lermoos

The following general terms and conditions apply to purchases of goods in our bicycle retailer.

 

1. Purchase price; Retention of title for purchase price financing 1.1 Unless otherwise agreed, the purchase price is due immediately upon receipt of the invoice without deductions. In the event of late payment, we charge the statutory default interest.

 

1.2 In the event of purchase price financing, we reserve title to the goods we deliver until the purchase price and all possible additional costs have been paid in full. If you do not make a payment or do not make it on time, we can withdraw from the contract with you in the case of purchase price financing if the legal requirements are met.

2. Defects, guarantees 2.1 Warranty claims due to defects that were known to the customer when the contract was concluded or upon receipt/acceptance are excluded unless the customer has expressly reserved his rights.

2.2 For new items, we are liable in accordance with the statutory provisions. This also includes the fact that we can refuse to provide a service if the customer does not provide us with the goods in question for inspection despite a request from us. We decide whether, within the scope of supplementary performance, we will eliminate the defect through a repair or a subsequent delivery or new production.

2.3 The statutory limitation periods apply. Deviating from this, the limitation period for claims for supplementary performance and the exercise of a right of withdrawal due to defects in used items is one year from delivery. This shortening does not apply to defects that we have fraudulently concealed or that concern a quality of the goods for which we have assumed a guarantee.

2.4 The information and illustrations contained in order confirmations, brochures or other documents do not constitute guarantees. Guarantee declarations and guaranteed properties only exist if they are expressly provided as such by us or are designated as such in the product documents.

3. Liability for damages and reimbursement of expenses 3.1 In the event of slight negligence, we and our vicarious agents are only liable for the violation of essential contractual obligations (essential contractual obligations are those whose fulfillment makes the proper execution of the contract possible and on whose fulfillment by us you therefore regularly rely may). In this case, our liability and that of our vicarious agents is limited to compensation for contract-typical and foreseeable damages and expenses.

3.2 The above liability exclusions and limitations do not apply to liability arising from the assumption of a guarantee, fraudulent concealment of a defect, injury to life, body or health, or liability under the Product Liability Act. We also have unlimited liability in the event of gross negligence or intentional action.

 

 

GENERAL TERMS AND CONDITIONS FOR WORKSHOP SERVICES Fasser GmbH Zugspitz Bike Lermoos, Unterdorf 14/3, A-6631 Lermoos

1. Area of application Our workshop conditions (GTC) apply to all contracts for repair, maintenance and other workshop services with our customers. The customer's general terms and conditions and additions to these terms and conditions are only valid if we have expressly accepted them.

2. Conclusion of contract 2.1 A contract is concluded when the customer places an order and we accept the order.

2.2 In individual cases, we reserve the right to demand an appropriate advance payment when placing the order. 3. Prices 3.1 We calculate our services according to the price list valid at the time the contract is concluded.

3.2 If larger repairs are foreseeable or at the customer's request, we will prepare a cost estimate. We create this as best as we can, but we assume no liability for its accuracy or completeness. If, during the execution of the order, it emerges that further work or spare parts are required, these additional cost items must also be reimbursed. We will inform you immediately if it becomes apparent that the total amount of the cost estimate has been exceeded. In this case, the customer has the right to terminate the contract. However, services we have already provided must be paid for. 4. Completion date 4.1 Completion dates are only binding if we have expressly agreed this with the customer. Even if there is a binding completion date, we are not responsible for delays that result from a change or expansion of the scope of work and that were not foreseeable when the contract was concluded. In this case, we will give our customer a new completion date.

4.2 After notification of completion, the customer is obliged to pick up the bicycle or other object of the order from us within two weeks. After this period has expired, we are entitled to charge reasonable storage costs, which can be set by us at our reasonable discretion and, in the event of a dispute, reviewed by the competent court for their appropriateness. After one year from notification of completion, we are entitled to dispose of the bicycle or other item of the order at our own discretion if the customer has not picked it up within this time despite being requested to do so at least three times. We will return any remaining proceeds from the sale after deducting all of our payment claims against the customer (in particular payment of our remuneration and accrued storage costs) to the customer if they request this.

4.3 If, at the customer's request, delivery of the bicycle or other object of the order to the customer after completion is agreed, this will be subject to a charge, unless otherwise agreed. The costs for delivery are determined and agreed individually upon customer request. We are not obliged to offer the customer delivery 5. Payment 5.1 Our invoice amounts are due in cash immediately upon collection of the bicycle or upon delivery without deduction. If the customer does not pick up the bicycle or other object of the order within the period specified in Section 4.2 despite our notification of completion, we will send the customer an invoice. This is due for payment immediately upon receipt without deduction.

5.2 Due to our claims arising from the order placed with us, we are entitled - without prejudice to the statutory contractor's lien - to a contractual lien on the items that came into our possession as a result of the order. This lien can also be asserted due to claims arising from work previously carried out for the customer, spare parts deliveries and other deliveries or services, insofar as they are related to the subject matter of the order.

5.3 To the extent that accessories or spare parts installed by us have not become essential components of the subject matter of the order, we reserve ownership of them until the invoice has been paid in full and incontestably. Expanding parts that we have replaced with replacement parts become our property. 6. Defects, compensation 6.1 The customer's claims due to defects in the work services provided by us expire one year from the collection/delivery of the bicycle or other object of the order. This does not apply if we have fraudulently concealed a defect or provided a guarantee. Furthermore, this shortening does not apply if the statutory regulations regarding the warranty for defects in purchase contracts apply with regard to the defect.

6.2 Obvious defects in the services or spare parts must be reported by the customer within 14 days of delivery/collection of the bicycle or other item of the order. If there is a defect, we are initially entitled to make two attempts to repair the defect unless we have assumed a guarantee or have fraudulently concealed a defect. Measures to correct defects, including the installation of replacement parts, are carried out exclusively in fulfillment of the warranty obligations for the original service. Without prejudice to the customer's other warranty rights in relation to the original service, in the event of any defects in the defect elimination measure itself (including defects in the replacement parts), no warranty rights arise with regard to these defect elimination measures. The warranty period will not be restarted in this respect.

6.3 The above regulations generally do not apply to claims for damages and reimbursement of expenses by the customer due to defects. Rather, the regulations in accordance with Section 7 apply to these. 7. Liability 7.1 We are generally not liable for damages or expenses caused by simple negligence (including on the part of our vicarious agents). This does not apply to customer claims due to breach of essential contractual obligations. Essential contractual obligations are those whose fulfillment enables the proper execution of the contract and whose fulfillment by us the customer can therefore regularly rely on.

7.2 We are not liable in the event of unforeseeable damages and expenses caused by us or our vicarious agents.

7.3 To the extent that the exclusion of liability in accordance with Section 7.1 does not apply in the case of simple negligence, our liability for all claims for damages and/or claims for reimbursement of expenses is limited to the foreseeable damage and expenses that are typical for the contract.

7.4 The above exclusions of liability do not apply to liability arising from the assumption of a guarantee, fraudulent concealment of a defect, injury to life, body or health, or liability under the Product Liability Act. We also have unlimited liability in the event of gross negligence or intentional action.


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Zugspitz Bike Lermoos Fahrradhandel, Verleih, Werkstatt und Service