For the business relation between Shore Sportsworks GmbH (Stages Cycling Europe) and the customer the following Terms and Conditions will be applied in their current (based on the date of the order) version.
1. General, Customers, Language
(1) All offers, sales contracts, deliveries and services made on the basis of any orders by our customers (each, a „Customer“) through our „Online Store“ at www.stagescycling.eu, including orders by telephone, e-mail, fax, or mail shall be governed by these general terms and conditions of sale (the „General Terms and Conditions“).In addition, all sales in our Showroom shall also be governed by these General Terms and Conditions insofar as they do not specifically regard distance selling.
(2) Our Terms & Conditions apply to Consumers as well as Business Customers, unless there is made a distinction in the respective clause. A „Consumer“ is any individual entering into the contract for a purpose not related to his or her business, trade or self-employed professional activity (Sec. 13 of the German Civil Code).
(3) Standard business conditions of the Customer do not apply, regardless of whether or not we expressly object to them in a particular case.
(4) The contracts with the customer are solely concluded in German or English language, depending on the customer placing the order on our German or non-German speaking pages of our Online Store. If the order is placed on the German spaeking website, the German version of these Terms & Conditions will prevail. If the order is placed on the non-German spaeking websites, the English version of these Terms & Conditions will prevail.
2. Conclusion of Contract
(1) The offerings published in the Internet Shop, in catalogues, and in the Showroom are non-binding.
(2) By placing an order in the Internet Shop (which requires prior registration and acceptance of these General Terms and Conditions), the Customer makes a binding offer to purchase the relevant product. The offer shall remain valid and binding for a period ending on the end of the 14th calendar day following the day of the offer. We are able to accept the order within this period.
(3) Without undue delay upon receipt of the order, Stages Cycling Europe will send to the Customer by e-mail a confirmation of receipt, which shall not constitute an acceptance of the order. The order shall be deemed to be accepted by Stages Cycling Europe either upon subsequent (e-mail) acceptance of the order or by dispatching the product. The sales contract with the Customer shall not become effective until our acceptance.
(4) If Stages Cycling Europe is not able to accept the order, the customer will be informed about the unavailability.
3. Prices and Payment
(1) All prices include statutory VAT, but are net of shipping costs. For deliveries within the European Union the statutory VAT will be omitted if the customer discloses a valid European VAT identification number. For deliveries to Consumers the following mandatory regulations in German tax law will apply:
(i) Either the order will be invoiced with German domestic VAT or
(ii) With excess of the turnover threshold of a EU member state, the order will be invoiced with VAT of the respective EU member state.
(2) Unless expressly otherwise agreed, payment for all purchased products is made via following payment systems:
(i) Credit card (Visacard / Mastercard)
(iv) Advance payment: The goods will be dispatched only if the sum charged in the invoice has been credited to the Stages Cycling Europe bank account without deduction.
(v) Cash payment of the invoiced amount in pir premises: Gerwigstraße 4, D-79199 Kirchzarten.
(vi) Payment by invoice (Business Customers only, Sec. 14 (1) of the German Civil Code): Invoice is to be paid via bank transfer to the Stages Cycling Europe bank account within 14 days after delivery of goods.
(3) The Customer shall have no right of set-off or retention, except to the extent that the counterclaim has not been disputed by us or been determined by a final and binding decision.
4. Shipping Costs, Duties
(1) Shipping costs are not included in the price and depend on order value, volume and weight of the shipment and the delivery address. The shipping costs are displayed in the Internet Shop during purchase.
(2) Any customs duties and similar public charges shall be borne by the Customer.
5. Dispatch of the Product, Passing of Risk
(1) Partial delivery is justified as long as this seems reasonable. If Stages Cycling Europe transacts partial deliveries,additional shipping costs will be carried by Stages Cycling Europe.
(2) Unless expressly otherwise agreed upon, Stages Cycling Europe shall be free to determine the appropriate mode of shipment and to select the carrier at reasonable discretion. Stages Cycling Europe shall bear the risk of transport in case the Customer is a consumer.
(3) Stages Cycling Europe shall only be obliged to properly and timely deliver the product to the carrier, and any transit times specified in the Internet Store shall only be non-binding estimates.
(4) If the Customer is a Consumer, the risk of accidental destruction, damage or loss of the delivered product shall pass to the Customer upon delivery of the product to the Customer or upon the Customer’s default of acceptance. In all other cases, such risk shall pass to the Customer upon delivery of the product by us to the carrier.
(5) The Customer shall bear the shipping costs. The shipping costs include the costs for a transport insurance against the usual risks of transportation. We will inform the Customer of the shipping costs in the order form.
6. Cancellation Rights
Consumers have a 14-day cancellation right.
You can cancel your contract within 14 days without giving reason. The cancellation period is fourteen days from the date on which you or a third party appointed by you, who is not the forwarder, have/has taken possession of the goods. To exercise your right of cancellation, you must inform us [Stages Cycling Europe, Gerwigstraße 4, 79199 Kirchzarten, firstname.lastname@example.org,] of your decision to cancel this contract by means of a clear statement to this effect (e.g. a letter sent by post, fax or e-mail). You may use the specimen cancellation form (Download here) for this which, however, is not obligatory. The dispatch of the notification that you are exercising your right of cancellation before the end of the cancellation period is sufficient to observe the cancellation deadline.
Consequences of cancellation
If you cancel this contract, we shall refund to you all payments which we have received from you, including shipping charges (except for additional costs incurred as a result of the fact that you requested a type of delivery other than the cheapest standard delivery offered by us) without delay and at the latest within 14 days from the date on which we receive the notification of your cancellation of this contract. For this refund we shall use the same means of payment that you used in the original transaction, unless expressly otherwise agreed with you; under no circumstances shall any charges be debited to you for this refund. We reserve the right to refuse to refund payments until we have received the goods or until you have furnished proof that you have returned the goods, whichever is earlier. You shall send back or hand over the goods to us without delay, at the latest within 14 days of the date on which you notify us about the cancellation of this contract. The dispatch of the goods before the expiry of the 14-day period is sufficient to observe the period. You shall be responsible for the direct costs of returning the goods. You shall only be liable for any diminished value of the goods resulting from handling them other than what is necessary to ascertain the nature, properties and functioning of the goods.
7. Return Costs
In the case the Customer is a Business Customer, he has to bear the return costs if the goods delivered correspond to the goods ordered.
8. Personal Data, Data Protection
(1) All personal data is treated as confidential. Stages Cycling Europe may save and process any data relating to the Customer, to the extent necessary for the purpose of the execution and implementation of the sales contract and as long as we are required to keep such data in accordance with applicable law. In addition, address and order data are collected and processed for our own marketing purposes. Information: The customer may contradict the usage and processing of his data for marketing purposes at any time with a notice to Stages Cycling Europe.
(2) Stages Cycling Europe shall have the right to submit personal data relating to the Customer to credit agencies, to the extent necessary for a credit check subject, however, to the Customer’s consent in each individual case. We shall neither make available any personal data of the Customer to other third parties without the express consent of the Customer, except to the extent that we are required to disclose any data pursuant to applicable law.
(3) This website uses Google Analytics, a web analysis service of the Google Inc Google Analytics uses so-called Cookies, text files which are stored on your computer and which allows an analysis of the use of the website by you. The information generated by the Cookie about your use of this website (including your IP address) is transferred to a server by Google in the USA and is stored there. Google will use this information to evaluate your use of the website in order to put together a report about the website activities for the website operators and to produce linked services with the website use and the Internet use. Google will associate in no circumstances your IP address with the other data which are stored by Google. Stages Cycling Europe will use this information solely for internal market research and especially for optimizing the design of our websites. More information can be obtained here: http://www.google.com/analytics.
9. Retention of Title
Stages Cycling Europe retains legal title to any product supplied until the purchase price (including VAT and shipping costs) for such product has been fully paid.
(1) The Customer is obliged to inspect the goods for number and any possible shipping damage upon receipt, and to notify the supplier immediately of any damage as well.
(2) In the event of a defect of the delivered product, the Customer shall be entitled to request from Stages Cycling Europe to repair the defect or to supply another product (as ordered) which is free from defects.
(3) Stages Cycling Europe may refuse to remedy a defective product in the manner requested by the Customer if such remedy would result in unreasonable costs.
(4) If the remedy (supplementary performance) fails or cannot reasonably be expected from the Customer or Stages Cycling Europe refuses to so remedy the defect, the Customer shall be entitled to terminate the sales contract, reduce the purchase price or claim damages or frustrated expenses, in each case in accordance with applicable law.
(5) In the event of an error in pricing or product descriptions Stages Cycling Europe is not tied to the misstatement.
11. Applicable Law, Court of Jurisdiction, Place of Fulfilment
(1) Unless otherwise agreed to in the contract, the place of performance and payment is our registered place of business. The legal stipulations regarding places of jurisdictionshall remain unaffected.
(2) This contract is subject to the law of the Federal Republic of Germany. This does not apply if special consumer protection provisions in the customer's home country are more convenient (Art. . 6 VO (EG) 593/2008).
(3) In case of contracts with Business Customers, legal entities under public law or special public funds, the court of our registered office is the exclusive place of jurisdiction.
12. Dispute Resolution
(1) The EU Commission is providing a platform for online dispute resolution which can be accessed here: http://ec.europa.eu/consumers/odr. This platform is contact point for out-of-court settlement of disputes arising from online purchase contracts involving a consumer.
(2) In principal Stages Cycling Europe is is willing to participate in dispute resolution proceedings before an arbitration board.
13. Provider Identification
Stages Cycling Europe, Shore Sportsworks GmbH, Gerwigstraße 4, 79199 Kirchzarten, GERMANY, Phone: +49 (0)7661-97393 0, CEO: Sebastian Eckmann, Jürgen Sprich, Freiburg HRB5337, VAT ID-Nr.: DE 812 192 953
All errors and misprints reserved. February 28, 2017