Terms and Conditions

General terms and conditions of business

1. Scope

The following terms and conditions apply to all orders placed via our online shop by consumers and entrepreneurs.

A consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed predominantly to their commercial or independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they will only become part of the contract if we have expressly agreed to this.

2. Contracting parties, conclusion of contract, correction options

The purchase contract is concluded with simply.bike GmbH.

By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the ordering process. The contract is concluded when you accept the offer for the goods in the shopping cart by clicking on the order button. Immediately after submitting the order, you will receive another confirmation by email.

3. Contract language, contract text storage

The language(s) available for the conclusion of the contract: German

We save the contract text and send you the order data and our general terms and conditions in text form. You can view the contract text in our customer login.

4. Delivery conditions

In addition to the stated product prices, shipping costs may apply. You can find more detailed information on any shipping costs in the offers.

We only deliver by post. Unfortunately, it is not possible to collect the goods yourself.

5. Payment

In our shop you can generally use the following payment methods:

advance payment
If you choose to pay in advance, we will send you our bank details in a separate email and deliver the goods after receipt of payment.

credit card
You enter your credit card details during the ordering process. Your card will be charged after the goods have been dispatched.

PayPal
In cooperation with the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), we offer you the following payment options as PayPal services. Unless otherwise stated below, payment via PayPal Plus does not require registration with PayPal. You will receive further information with the respective payment option and during the ordering process.

PayPal
In order to pay the invoice amount using the PayPal payment option, you must be registered with PayPal, authenticate yourself with your login details and confirm the payment order. The payment transaction is carried out by PayPal immediately after the order is placed.

PayPal can offer registered PayPal customers, selected according to its own criteria, additional payment methods in the customer account. However, we have no influence on the offering of these methods; other individually offered payment methods affect your legal relationship with PayPal. You can find further information on this in your PayPal account.

credit card via PayPal
Your card will be charged by PayPal after the goods have been dispatched.

direct debit via PayPal
Payment by direct debit via PayPal requires an address and credit check and is made directly to PayPal. By confirming the payment order, you give PayPal a direct debit mandate. PayPal will inform you of the date on which your account will be debited (so-called prenotification). Your account will be debited before the goods are dispatched.

Purchase on account via PayPal
Purchasing on account via PayPal requires an address and credit check and is made directly to PayPal.

Sofort by Klarna
In order to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment order. Your account will be debited immediately after the order has been placed. You will receive further information during the ordering process.

Google Pay
In order to pay the invoice amount via the payment service provider Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland ("Google"), you must be registered with Google, have activated the Google Pay function, authenticate yourself with your access data and confirm the payment instruction. The payment transaction will be carried out immediately after the order has been placed. You will receive further information during the ordering process.

Apple Pay
In order to pay the invoice amount via the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA ("Apple"), you must use the "Safari" browser, be registered with Apple, have activated the Apple Pay function, authenticate yourself with your access data and confirm the payment instruction. The payment transaction will be carried out immediately after the order has been placed. You will receive further information during the ordering process.

giropay / paydirekt
In cooperation with the payment service provider paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt a. M (“giropay” or “paydirekt”) we offer the payment methods giropay and paydirekt.

giropay
In order to pay the invoice amount via giropay, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment order. Your account will be debited immediately after the order has been placed. You will receive further information during the ordering process.

paydirekt
In order to pay the invoice amount via paydirekt, you must have a bank account activated for online banking, be registered with paydirekt, identify yourself with your access data and confirm the payment order.

Klarna
In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden ("Klarna"), we offer you the following payment options. Payment via Klarna is only available to consumers. Unless otherwise stated below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. You will find further information in the respective payment option and in the ordering process.

Purchase on account via Klarna
The invoice amount is due after dispatch of the goods and receipt of the invoice.

Klarna credit card
You provide your credit card details during the ordering process. Your card will be charged by Klarna immediately after you place your order. There will be no address or credit check.

Klarna direct debit
You give Klarna a SEPA direct debit mandate. Klarna will inform you of the date on which your account will be debited (so-called prenotification). Your account will be debited after the goods have been dispatched.

installment purchase via Klarna
You can pay the invoice amount in monthly installments of at least 1/24 of the total amount. The minimum installment is 6.95 euros.

6. Right of withdrawal

Consumers have the statutory right to cancel as described in the cancellation policy. Businesses are not granted a voluntary right of cancellation.

Cancellation policy:

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.

To exercise your right of withdrawal, you must inform us (simply.bike GmbH, Zur Haidkoppel 4, 22395 Hamburg, Germany, info@simply.bike, telephone: 49 (0)40 209 605 12) by means of a clear statement (e.g. a letter sent by post or an e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.

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

consequences of revocation

If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a different type of delivery than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period. You will bear the direct cost of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.

sample cancellation form

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

– To simply.bike GmbH, Zur Haidkoppel 4, 22395 Hamburg, Germany, kontakt@simply.bike

– 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 if notification is on paper)

- Date

(*) Delete as appropriate.

Different return shipping costs for Germany
We will bear the direct costs of returning the goods if the return is made within Germany.

return labels
Without prejudice to your legal rights, we will provide you with free return labels for your return within Germany. The return label will be included with your shipment. You can drop off the return at a parcel shop of the respective provider in Germany.

We will send you the relevant shipping documents for the return of the Simply.Lift cargo bike.

7. Retention of title

The goods remain our property until full payment has been made.
The following also applies to entrepreneurs: We retain title to the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale - regardless of whether the reserved goods are combined or mixed with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations. We will release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.

8. Transport damage

The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such errors to the deliverer as soon as possible and contact us immediately. Failure to complain or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you help us to assert our own claims against the freight carrier or transport insurance.

9. Warranty and guarantees

9.1 Liability for defects

Unless expressly agreed otherwise below, the statutory liability for defects applies.

The following restrictions and shortening of time limits do not apply to claims based on damages caused by us, our legal representatives or vicarious agents

  • in case of injury to life, body or health
  • in the event of intentional or grossly negligent breach of duty and malice
  • in the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations)
  • within the framework of a guarantee promise, if agreed, or
  • insofar as the scope of application of the Product Liability Act is open.

restrictions on entrepreneurs

In relation to businesses, only our own information and the manufacturer's product descriptions that have been included in the contract are deemed to be an agreement regarding the quality of the goods; we accept no liability for public statements made by the manufacturer or other advertising statements. For businesses, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk.

The statutory limitation periods for the recourse claim according to Section 445a BGB remain unaffected.

regulations for merchants

Among merchants, the obligation to inspect and give notice of defects as set out in Section 377 of the German Commercial Code applies. If you fail to give notice as set out there, the goods are deemed to have been approved, unless the defect was not apparent during the inspection. This does not apply if we have fraudulently concealed a defect.

9.2 Warranties and customer service

Information on any additional guarantees that may apply and their exact terms and conditions can be found on the product itself and on special information pages in the online store.

10. Liability

We are always liable without limitation for claims based on damages caused by us, our legal representatives or vicarious agents.

  • in case of injury to life, body or health,
  • in the event of intentional or grossly negligent breach of duty,
  • in the case of guarantee promises, if agreed, or
  • insofar as the scope of application of the Product Liability Act is open.

In the event of a breach of essential contractual obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner can regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, the liability is limited to the amount of damage foreseeable at the time the contract was concluded, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.

11. Dispute resolution

The European Commission provides a platform for online dispute resolution (ODR), which you can find here . We are prepared to participate in an out-of-court dispute resolution procedure before a consumer arbitration board.
The responsible body is the Federal Universal Arbitration Board at the Center for Arbitration eV, Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de .

12. Final provisions

If you are a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between you and us is our place of business.