Terms & Conditions
1. Area and provider
(1) These terms and conditions apply to all orders you make at the online store
Radlgaudi - your online shop
Owner: Thomas Summerer
Rua Dom Sancho I No.18 Loja H
Service hotline: (00351) 964 429 621
(2) The product range in our online shop is aimed at buyers who have reached the age of 18 years.
(3) Our deliveries, services and offers are based on these General Terms and Conditions.
(4) You can retrieve and print out the currently valid terms and conditions on the website.
2. Conclusion of contract
(1) The presentation of goods in the online shop does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding request to order goods in the online shop.
(2) By clicking on the button "liable order" you submit a binding offer.
(3) After receipt of the purchase offer, you will receive an automatically generated e-mail confirming that we have received your order (acknowledgment of receipt). This confirmation of receipt does not represent an acceptance of your purchase offer. A contract does not come about through the confirmation of receipt yet.
(4) A purchase contract for the goods is only concluded if we expressly declare acceptance of the purchase offer or if we ship the goods to you without prior express acceptance.
The prices stated on the product pages include the legal VAT of the country Portugal and other price components and are exclusive of the respective shipping costs
4. Terms of payment
(1) Payment is either: advance payment or credit card.
(2) When selecting the payment method in advance we will give you our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days after receipt of the order confirmation.
(3) When paying by credit card, the purchase price will be reserved on your credit card at the time of order ("authorization"). The actual charge on your credit card account will be at the time we ship the goods to you.
5. Set-off / retention
(1) The customer is not entitled to set-off or retention rights, unless the counterclaim is undisputed or legally determined.
6. Delivery; Retention of title
(1) Unless otherwise agreed, the delivery of the goods from the manufactor to the address specified by you from receipt of payment will take (delivery time) see on product specified. Those delivery times are about times.
If we fail to meet a delivery date, the customer has to grant us a extension period,
which should not fall shorter then a week.
(2) The goods remain our property until full payment of the purchase price
(1) If goods are delivered with obvious transport damages, please complain such errors immediately to the deliverer and please contact us as soon as possible.
(2) Failure to make a complaint or contact has no consequences for your statutory warranty rights. However, they help us claim our own claims against the carrier or the transport insurance.
(1) Unless expressly agreed otherwise, your warranty claims are based on the statutory provisions of the purchase right of the EU Consumer Goods Purchase Directive (EG-RL 99/44).
(2) If you are a consumer within the meaning of EU law, the warranty obligation is
two years. The period begins with the shipment of the goods.
(3) For the rest, the statutory provisions of the EU apply to the warranty.
(4) If you are an entrepreneur, the statutory provisions apply with the following modifications: - For the condition of the goods are only our own information and the product description of the manufacturer is binding, but not public suggestions and statements and other advertising of the manufacturer. - You are obliged to inspect the goods immediately and with the required care for quality and quantity deviations and to notify us of obvious defects within 7 days from receipt of the goods. Deadline is sufficient for timely dispatch. This also applies to later discovered hidden defects from discovery.
In the event of a violation of the obligation to inspect and notify, the assertion of the warranty claims is excluded.
(5) In the case of defects, we shall provide warranty at our discretion by repair or replacement (supplementary performance). If the subsequent performance fails twice, you can request a reduction or withdraw from the contract at your option.
(6) In case of warranty, the manufacturer is liable with its general warranty conditions.
In case of warranty we ask you to send an e-mail to email@example.com (including pictures, invoice and damage description)
to send us, which we then forward to the manufacturer.
9. Insurance, shipping and transfer of risk
(1) The bicycles are fully assembled and adjusted by qualified mechanics at the factory. For transport, the pedals are disassembled and the handlebars are transposed. This must the consumer after receipt of the goods (if necessary, by telephone support Radlgaudi.com) mount or set.
(2) Unless otherwise agreed, we Radlgaudi.com determine the transport company and the shipping method at our discretion. Radlgaudi.com bears the shipping risk if the customer is a consumer.
(3) We owe only the proper, punctual delivery of the goods to the forwarding agent and are not responsible for delays caused by the forwarding company. A shipping time stated in our webshop is non-binding in this regard.
(4) If the customer is a consumer, the risk of accidental loss, accidental loss or accidental damage to the delivered goods is transferred to the customer at the time the goods are delivered to the customer or the customer is in default of acceptance.
(5) The shipping costs are to be borne by the buyer. These will be shown to the buyer in the order form.
(1) Our liability for negligence (excluding gross negligence) is limited to 10% of the respective purchase price (including value added tax) in the event of default in delivery.
(2) We are not liable (for whatever legal reason) for damages that are typically not to be expected according to the type of the respective order and the goods and with normal use of the goods. The above limitations of liability shall not apply in the case of intent or gross negligence.
(3) Claims for damages of the customer due to obvious material defects of the delivered goods are excluded if he does not notify us of the defect within a period of 14 days after delivery of the goods.
(4) The limitations of this clause 10 do not apply to our liability for guaranteed
Characteristics iSv. § 444 BGB, for injury to life, body or health or according to the Product Liability Act.
(1) 1) Should one or more provisions of these Terms and Conditions be or become ineffective, this shall not affect the validity of the remaining provisions otherwise.
(1) The International Convention on the International Sale of Goods (1).
13.Online dispute resolution procedure
From 15 February 2016, the EU Commission wants to provide a platform for out-of-court settlement ready. This gives consumers the opportunity to settle disputes in connection with their online or without the intervention of a court.
The Dispute Settlement Platform can be accessed at the external link http://ec.europa.eu/consumers/odr/.
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