General terms and conditions
1 Provider, customer service
(1) Provider of the online shop at https://www.simplon.com:
Simplon Fahrrad GmbH.
Managing Directors: Stefan Vollbach, Thomas Zenker
Oberer Achdamm 22, 6971 Hard, Austria
Company register (Firmenbuch): 415777m
Feldkirch Regional Court (Landesgericht)
Phone: +43 5574 / 72564-0
Fax: +43 5574 / 72834
VAT ID No. ATU68672849
(2) Our customer service for questions, complaints and claims is available between Monday and Thursday between 08:00 and 12:00 by telephone: +43 5574 / 72564-0. In addition, we are available on weekdays by e-mail at firstname.lastname@example.org.
2 Scope of application
(1) The following General Terms and Conditions (GTC) apply to all orders placed via our online shop between us and a consumer in the version valid at the time of the order. Deviating general terms and conditions are not recognized unless we expressly agree to their validity in writing.
(2) A consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his or her commercial nor to his or her independent professional activity (Sec 13 German Civil Code).
3 Closing of the contract
(1) The consumer can select goods from our range and collect them in a so-called shopping basket by clicking on the button "add to shopping basket". By clicking on the button "order with obligation to pay", the consumer makes a binding request to purchase the goods in the shopping basket. Before sending the order, the consumer can change and view the data at any time. However, the application can only be submitted and transmitted if the consumer has accepted these contractual terms and conditions by clicking on the button "Accept GTC" and has thereby included them in his application.
(2) We will then send the consumer an automatic confirmation of receipt by e-mail in which his order is listed again and which the consumer can print out using the "Print" function. The automatic confirmation of receipt merely documents that we have received the consumer's order and does not constitute acceptance of the application. The contract is only concluded through our declaration of acceptance (order confirmation), which is sent either by e-mail nor by sending the ordered goods. In this e-mail or at the latest upon delivery of the goods, the text of the contract (consisting of the order, GTC and order confirmation) shall be sent by us to the customer on a durable data medium (e-mail or paper printout) (contract confirmation). The text of the contract will be stored in compliance with data protection laws.
(3) The contract shall be concluded in German.
4 Prices, shipping costs, payment modalities
(1) The prices quoted include statutory VAT and other price components.
(2) The shipping costs are indicated in the order form and are to be borne by the consumer unless he exercises his right of withdrawal. In the event of a revocation, the consumer shall bear the direct costs of the return shipment.
(3) The consumer has the option of paying by credit card (Visa, Mastercard), immediate transfer or eps bank transfer.
(4) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, the consumer is already in default by missing the deadline. In this case, he shall pay the supplier interest on arrears for the year at a rate of 5 percentage points above the base interest rate (as set out in Sec. 247 German Civil Code).
5 Delivery, availability of goods
(1) The delivery period stated by us is calculated from the time of our order confirmation, subject to prior payment of the purchase price. Unless we have clearly stated otherwise in the product description, the delivery period is from 3 to 5 working days in Austria and Germany.
(2) If no copies of the product selected by the consumer are available at the time of the order, we shall inform the consumer of this immediately in the order confirmation. If the goods are permanently not available, we shall refrain from confirming the order. In this case, a contract is not concluded.
(3) If the product designated by the consumer in the order is only temporarily unavailable, the supplier shall also inform the customer of this without delay in the order confirmation.
(4) The following delivery restrictions apply: We only deliver to consumers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Austria, Germany.
6 Retention of title
We retain ownership of the delivered goods until the purchase price has been paid in full.
7 Right of withdrawal of the customer
(1) When concluding a distance selling transaction, consumers generally have a statutory right of withdrawal, which we inform about below in accordance with the statutory model:
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
In the event of a contract for the delivery of goods in several partial consignments or pieces, the withdrawal period shall be fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last partial consignment of the last piece.
In order to exercise your right of withdrawal, you must inform us (Simplon Fahrrad GmbH, Oberer Achdamm 22, 6971 Hard, Austria, telephone: +43 5574 / 72564-0, e-mail: email@example.com) by a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract.
You can use the attached model withdrawal form for this purpose, which is, however, not mandatory.
To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation period.
Consequences of Withdrawal
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal form this contract. For this repayment, we will use the same way of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for 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 delay and in any case no later than fourteen 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 end of the period of fourteen days.
You shall 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 that is not necessary for testing the quality, characteristics and functioning of the goods.
End of the cancellation policy
(2) We provide the following information on the model withdrawal form in accordance with the statutory regulations:
Sample cancellation form
(If you wish to withdraw the contract, please fill in and return this form).
SIMPLON Fahrrad GmbH
I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following items (*) / the performance of the following services (*):
Ordered on (*) / received on (*): ____________________
Name of the customer(s): ____________________
Address of the customer(s): __________________
Signature of the customer(s) (only for notification in paper form):
(*) Delete as applicable.
(1) We shall be liable for material defects in accordance with the statutory provisions applicable in this respect, in particular Secs 434 et seq. (German Civil Code).
(2) An additional guarantee only exists for the goods delivered by us if this was expressly given in the order confirmation for the respective item. The statutory warranty is not limited by a voluntarily granted warranty.
9 Final provisions
(1) Contracts between us and the consumer shall be governed by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the consumer has his habitual residence, shall remain unaffected.
(2) The contract shall remain binding in its remaining parts even if individual points are legally invalid. The invalid points shall be replaced by the statutory provisions, if any. Insofar as this would represent an unreasonable hardship for one of the contracting parties, the contract shall, however, become ineffective as a whole.
(3) We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.