Conditions

General Terms and Conditions

of TFJ Buycycle GmbH

Status: July 1st, 2024

1. Scope of application and inclusion

   1. The company TFJ Buycycle GmbH with registered office in Munich, business address: Atelierstr. 12, 81671 Munich, registered in the Commercial Register of the Local Court of Munich under HRB 263786, Managing Directors: Theodor Golditchuk and Jonas Jäger, Phone: +49 89 628 24621, E-Mail: info@buycycle.de, Internet: www.buycycle.com, VAT-ID: DE341044568, (hereinafter referred to as "Buycycle"), offers consumers within the meaning of sec. 13 German Civil Code (Bürgerliches Gesetzbuch “BGB”) (hereinafter "Consumers") and merchants within the meaning of the German Commercial Code (Handelsgesetzbuch “HGB”) and legal entities within the meaning of sec. 14 BGB (together hereinafter "Businesses") (Businesses and Consumers together hereinafter "Users") are offered the opportunity to use the trading system on the online platform operated by Buycycle under the domain www. buycycle.com for the trade of used and new bicycles as well as bicycle components (hereinafter: "Marketplace") in accordance with the provisions of the Buycycle Terms of Use (hereinafter "Terms of Use"), the fee list of Buycycle (hereinafter "Fee List") and these General Terms and Conditions (hereinafter "GTC") and in particular to initiate sales advertisements and/or make purchases.

   2. Users who use the Marketplace to purchase Goods are also referred to as "Buyers" in these GTC. Buyers can only be Consumers. Users who use this Marketplace to sell Goods are hereinafter also referred to as "Sellers". Sellers can be both Consumers and Businesses.

   3. The Marketplace is intended to bring together sellers and Buyers with regard to the trade in bicycles and bicycle components (hereinafter collectively referred to as "Goods"). Other kinds of goods and products cannot be traded via the Marketplace and are expressly prohibited.

   4. In addition to the Terms of Use, these GTC contain the entire regulations for the use of the Marketplace and the services offered by Buycycle as well as for the user contract to be concluded between the User and Buycycle for the full use of the Marketplace in accordance with the Terms of Use. With the use of the Marketplace, but at the latest with the admission according to of the Terms of Use, the User recognizes these GTC as authoritative.

   5. These GTC apply in the European Union; the location of the respective Seller within the European Union is decisive for this. For contractual relationships involving a Seller located outside the European Union, the GTC of Buycycle valid at the respective location of the Seller are applicable.

   6. General terms and conditions of the User or third parties other than these GTC, in particular deviating, conflicting or supplementary general terms and conditions, shall only become part of the contract if and to the extent that Buycycle has expressly agreed to their validity in writing. General terms and conditions of the User or third parties therefore do not apply subject to express consent, even if Buycycle does not separately object to their validity in individual cases or refers to the exclusive validity of these GTC. The consent requirement applies in any case. In particular, Buycycle's reference to a letter that contains or refers to the general terms and conditions of the User or a third party, as well as the unconditional performance or delivery in the knowledge of the general terms and conditions of the User or third parties, does not constitute consent to the validity of those general terms and conditions.

2. General provisions

   1. The execution of contracts concluded on the Marketplace is the sole responsibility of the respective Users. Buycycle does not owe the fulfillment of contracts concluded on the Marketplaces, nor is Buycycle responsible for material defects or defects of title of the traded Goods. Buycycle is under no obligation to ensure the fulfillment of contracts concluded between Users. The above does not apply if and insofar as Buycycle itself expressly acts as Seller or Buyer in accordance with Section 7.

   2. Buycycle cannot guarantee the true identity and power of disposal of the User. In case of doubt, both contracting parties are obliged to inform themselves in an appropriate manner about the true identity and the power of disposal of the other contracting party.

   3. Actions using the respective login of a User are generally attributable to the User. Users are responsible for all declarations of intent made on the website. For declarations made by third parties under the User's member account, they are liable to a foreseeable extent in accordance with the principles of a contract with protective effect for third parties.

   4. Buycycle reserves the right to change or expand the content and structure of the platform as well as the associated user interfaces. Buycycle will inform the Users about the changes accordingly.

3. Creation and publication of advertisements; conclusion of contract on the Marketplace; brokerage contract between Seller and Buycycle; Buycycle fee; right of withdrawal

   1. With the Marketplace, Buycycle provides an online service through which Users as Sellers can create and publish advertisements consisting of texts and images and thus offer Goods for sale (hereinafter "Advertisements"). In addition, the Marketplace also enables the exchange of electronic messages between Users.

   2. The creation of an Advertisement requires detailed information about the characteristics of the Goods, such as brand, model and condition of use. In addition, the Seller must upload truthful pictures of the Goods offered. The Seller can have the value of the Goods estimated by Buycycle and, if necessary, view Advertisements of comparable Goods already published on the Marketplace.

   3. Businesses are responsible for ensuring that their Advertisements comply with the law. Advertisements may only be published in compliance with the statutory information obligations for Businesses, especially in case of distance contracts (such as the provision of general terms and conditions, cancellation policy, privacy policy and imprint). For this purpose, Businesses must enter the aforementioned legal texts and statutory information obligations in their user profile. Buyers can view the Seller's legal texts and statutory information in the respective Advertisements by clicking on the Seller's profile.

   4. Once the Seller has entered all necessary and, if applicable, optional information and data, he can release the Advertisement to Buycycle for review by clicking on the "Publish" button. Advertisements are only published after they have been checked and approved by Buycycle.

   5. By clicking on the "Publish" button, the Seller also submits an offer to conclude a "brokerage contract" with Buycycle, the rights and obligations of which are governed by these GTC and the Terms of Use.

   6. After Buycycle has reviewed the Advertisement and published it on the Marketplace, Buycycle accepts the Seller's offer to conclude a brokerage contract for the specific Advertisement placed. The brokerage contract entitles Buycycle to publish the Advertisement on the Marketplace and to offer interested parties the opportunity to submit a purchase offer or an invitation to submit an offer by the Seller for the Goods offered in the Advertisement. A separate or further brokerage contract is concluded for each published Advertisement.

   7. By concluding the brokerage contract, the Seller also commissions Buycycle to carry out a possible defect inspection within the scope of buyer protection in accordance with Section 5. and in the event of any notification of defects by the buyer. However, if the Seller is a Consumer, he commissions Buycycle exclusively with the inspection to the extent specified in Section 5.14. The Seller's right to carry out all subsequent performance obligations, including the defect inspection itself, remains unaffected.

   8. The Seller may grant Buycycle the power of representation to bindingly determine the defectiveness or freedom from defects vis-à-vis the Buyer in terms of the buyer protection program. Buycycle will notify the Seller prior to the determination described in the previous sentence and offer the Seller the opportunity to carry out the respective inspection and any subsequent performance itself. If the Seller wishes to carry out the subsequent performance obligations himself, Buycycle does not act as a contractor or as a representative of the Seller, but only as an intermediary between the Buyer and the Seller.

   9. The Seller may terminate the brokerage contract at any time without notice with immediate effect by deleting the Advertisement. He can terminate several brokerage contracts for further Advertisements by deleting these Advertisements as well. If the Seller deletes only part of several Advertisements, only the corresponding brokerage contracts for the deleted Advertisements shall be terminated. The respective brokerage contracts remain in force for the remaining Advertisements that continue to be published.

   10. After a successful sale (successful brokerage), however before handover to the Buyer, the Seller can only terminate the brokerage contract under the condition that a termination fee is to be paid to Buycycle (see Fee List for the respective amount).

   11. Seller may edit, add to and delete Advertisements published by him at any time until the Goods offered therein have been sold.

   12. Buycycle is entitled to delete the Advertisement or other content posted by the User or to suspend the publication of Advertisements or other content if there are concrete indications that the contents of the Advertisement violate these GTC, the Terms of Use, the rights of third parties or legal requirements, or that the User has otherwise culpably violated contractual obligations or if these are punishable under the applicable laws or clearly serve to prepare criminal acts.

   13. Neither advertisements published by the seller nor any price negotiations (via the chat function or the ‘counter offer’ button) constitute binding offers. In each case, this is merely an invitation to the potential buyer to submit a binding offer to conclude a purchase contract. The buyer only submits a binding purchase offer by completing the order process and performing the payment process in full as described in section 3.18..

   14. The Seller can then accept the Buyer's offer by confirming the purchase transaction in their user account. This confirmation concludes the respective purchase contract. A purchase contract concluded in this way via the Marketplace is referred to as "Brokerage" for the purposes of this brokerage contract.

   15. For a successful brokerage ("successful" is a brokerage if it results in a purchase contract as in Section 3.14) by Buycycle, a fee, which the Seller has to pay to Buycycle, is due as a percentage amount of the purchase price achieved (hereinafter "Buycycle fee" - see Fee List for the respective amount). "Purchase price" in this sense is the price agreed between the Buyer and the Seller, excluding the shipping fee to be borne by the Buyer and the Buycycle Buyer-fee as well as other costs, fees and expenses to be borne by the Buyer. Payment of the Buycycle fee is made by offsetting the total amount collected from the buyer by means of the direct debit authorization in accordance with Section 3.18.

   16. A Seller can additionally highlight his Advertisement with the so-called Boosting-function, through which an Advertisement is displayed higher up in the feed and highlighted in color in order to generate more attention for potential buyers (hereinafter "Boosting-function"). A percentage fee of the purchase price stated in the Advertisement (hereinafter "Boosting-fee") is due for payment to Buycycle for the Boosting-function, regardless of whether the final purchase price is lower or higher (see Fee List for the respective amount). Upon payment of the Boosting-fee, the Seller receives the Boosting-function.

   17. The Seller authorizes Buycycle to collect the purchase price claim against the Buyer. The payment processing and payment of the purchase price between the Seller and Buycycle is carried out via the payment service provider Adyen N.V., Friedrichstraße 63, entrance Mohrenstraße 17, 10117 Berlin (hereinafter "Adyen"). To use Adyen, the Seller must be registered with Adyen. As part of the Adyen payment service, Buycycle offers the Buyer various payment methods. Adyen may use other payment services to process payments, for which special payment terms may apply, to which the Buyer may be informed separately. If the payment is not being processed due to insufficient funds in the account or due to the provision of incorrect bank details or if the Buyer objects to the direct debit although he is not entitled to do so, the Buyer shall bear the fees incurred by the chargeback of the respective credit institution if he is responsible for this. Further information on Adyen is available on the Internet at https://www.adyen.com/de_DE/legal/terms-and-conditions.

After the purchase contract has been concluded, Adyen collects the purchase price, the Buycycle Buyer-fee, any boosting fee, the shipping fee, currency conversion fees for payments in foreign currencies (foreign currencies are currencies other than the euro) and any customs duties (hereinafter "Total Amount") from the Buyer's means of payment on behalf of the Seller. Adyen shall hold the Total Amount in a non-interest bearing escrow account. For this purpose, the Seller shall set up its own escrow account with Adyen. The purchase price paid by the Buyer and collected by Adyen will be paid out by Adyen after deduction of the Buycycle fee to the Seller 48 hours after the Goods have been demonstrably delivered to the Buyer. If Buyer Protection applies to the respective purchase and the Buyer reports a defect within 48 hours of delivery, the purchase price will be withheld until the question of any actual defectiveness has been finally clarified and settled for both the Seller and the Buyer.

18. If the Seller is a Consumer, he is entitled to a right of withdrawal regarding the brokerage contract concluded with Buycycle in accordance with Section 8. In the event of a withdrawal, Buycycle is entitled to delete the Advertisement on which the revoked brokerage contract is based immediately and without further notice. The Consumer's attention is expressly drawn to Section 8.2 lit. e).

4. Purchasing on the Marketplace; Intermediary contract between Buyer and Buycycle; Buycycle Buyer-fee; Right of withdrawal

   1. Every User has the option to view all Advertisements published on the Marketplace or to carry out a "structured search" according to specific criteria. If the User uses the Marketplace via his user account, he can view all information on the Goods offered from the Advertisements. They can also contact the Seller via the chat function.

   2. The purchase prices of the Goods are displayed on the Platform equally to all Users, regardless of whether they use the Platform as Businesses or as Consumers, as follows:

1. If the Seller is a Consumer, the total prices are displayed without taxes.

2. If the Seller is a Business, the total prices are displayed including taxes.

3. By paying the purchase price to the Seller, the Buyer simultaneously declares acceptance of Buycycle's offer to conclude a brokerage contract, the rights and obligations of which are governed by these GTC and the Terms of Use.

4. Buycycle acts solely as an intermediary in the purchase contract concluded between the Seller and the Buyer and does not become a contractual partner or party to the purchase contract, unless Buycycle itself acts as Seller in accordance with Section 7.

5. The "Buycycle Buyer-fee" is composed as follows: Upon conclusion of the brokerage contract between the Buyer and Buycycle, the Buyer agrees to pay the Buyer-fee to Buycycle. The Buyer-fee is based on the purchase price. Buyers outside the European Union who do not purchase via the American Marketplace will be charged an additional fee. The Buycycle Buyer-fee will be added to the purchase price and will always be displayed separately to the Buyer at check-out and during the payment process (see Fee List for the respective amount). 

6. Payment of the Buycycle Buyer-fee will be collected together with the purchase price and the shipping fee as well as any additional customs duties (for Buyers outside the European Union) and currency conversion fees for payments in foreign currencies (foreign currency means currencies other than the euro) via the payment service provider Adyen N.V. by the Buyer using the means of payment chosen by the Buyer.

7. If the User is a Consumer, he is entitled to a right of withdrawal in accordance with Section 8 with regard to the purchase contract concluded with Businesses as well as with regard to the brokerage contract concluded with Buycycle. With regard to the brokerage contract, explicit reference is made to Section 8.2 lit. e).

5. Procedure and processing of the purchase contract concluded between the Users; Buyer-protection

   1. In general, the Buyer has the option of collecting the Goods purchased via the platform from the Seller, unless the Seller has expressly excluded this option. In the case of self-collection, the Seller shall first inform the Buyer by e-mail, SMS or chat message on the Marketplace that the Goods ordered by the Buyer are ready for collection. After receiving this e-mail, SMS or chat message, the Buyer can collect the Goods from the Seller's premises by arrangement. In this case, no shipping costs will be charged. 

   2. Goods shall be delivered by insured shipment to the delivery address specified by the Buyer, unless otherwise agreed between the Seller and the Buyer. The delivery address specified by the Buyer at the time of purchase shall be decisive.

   3. After conclusion of the contract, the Seller must arrange a pick-up date with the shipping service provider. In addition, Buycycle will provide the Seller with a shipping box via the shipping service provider for the shipment of the Goods sold (in the case of bicycles, wheel sets and bicycle frames). The Seller is obliged to pack the Goods ready for shipment within 14 days of receipt of the packaging material and have them picked up by the shipping service provider. If the Seller has to ship Goods other than bicycles, wheel sets or bicycle frames, he must ship these Goods (generally not bulky bicycle components) himself. To do this, the seller must print out the shipping label provided by Buycycle, stick it on the properly packaged parcel and then hand it over to a Buycycle shipping partner. 

   4. To clarify: Unless otherwise agreed between the Seller and the Buyer, it is to be assumed that Consumers sell their Goods to the exclusion of warranty rights for defects even without a separate notice. However, the information provided in the Advertisement regarding the condition and features of the Goods as well as the pictures of the Goods posted shall constitute a quality agreement in accordance with sec. 434 para. 2 sentence 1 no. 1 BGB, for which the Seller shall be liable.

   5. If the Buyer has purchased a bicycle via the Marketplace or, in the case of the purchase of other Goods (e.g. bicycle components), has expressly selected the option of paid Buyer-Protection, the Buyer shall be entitled to Buyer-Protection in accordance with the following paragraphs in addition to any existing statutory rights in respect of defects and the right of withdrawal in the case of the purchase of consumer goods and without any restrictions on these rights. However, the Buyer shall not be entitled to Buyer-Protection if he has collected the bicycle from the Seller in accordance with Section 5.1.

   6. Without limiting any existing statutory warranty and revocation rights, Buycycle supports the Buyer within the framework of the so-called "Buyer-Protection" in the enforcement of any warranty claims against the Seller, in particular in the event of non-performance or poor performance or poor delivery or significant deviation of the quality of the Goods from the Seller's description in the Advertisement or in the event of withdrawal, provided that the Buyer notifies Buycycle of this within 14 days of delivery of the Goods.

   7. The subject of Buyer-Protection is first an examination by Buycycle to determine whether there is actually a defect in the Goods. For this purpose, the Buyer can send the Goods to Buycycle at his own expense. Buycycle will check the Goods for the alleged defect. As part of the inspection of the defectiveness of the Goods, Buycycle may, depending on the agreement with the Seller, act as the Seller's agent and/or contractor. If the Seller is a Consumer, Buycycle's scope of inspection is limited in accordance with clause 5.14.

   8. If a defect is found, Buycycle will contact the Buyer and clarify whether the Buyer wishes a repair (rectification) or a new delivery. However, the Buyer is only entitled to a new delivery as supplementary performance in the case of delivery of unused, new Goods. If used Goods were sold, the Buyer has the choice of withdrawing from the purchase contract as an alternative to subsequent performance.

   9. In the event of reversal or redelivery, Buycycle will take over the communication and processing with the Seller, as far as this is desired by the Buyer.

   10. In the event of a repair (rectification) requested by the Buyer in accordance with clause 5.8 sentence 1 Var. 1, the Seller may decide whether this should be carried out by Buycycle at the Seller's own expense, provided that the originally agreed quality of the subject matter of the contract can be achieved as a result. In this case, the Seller and Buycycle conclude a contract in which Buycycle acts as a contractor for the Seller. In this case, Buycycle is entitled to have the repair carried out by a partner workshop. However, if the Seller wishes to repair the Goods themselves, Buycycle will send the Goods back to the Seller for repair. The Seller has to pay a shipping fee of EU 100 to Buycycle. The Seller also bears the costs for the re-delivery to the Buyer.

   11. If the Goods are defective and the Buyer decides to reverse the transaction, the Seller will receive the Goods back against payment of a shipping fee of €100. Buycycle will collect the amount owed by the Seller via the payment service provider Adyen or offset it against any future payments. Buycycle will make the refund of all or part of the purchase price to the Buyer on behalf of the Seller. Unless otherwise agreed between the parties, Buycycle will refund the amount to the Buyer via the payment method used by the Buyer to pay the agreed purchase price.

   12. If, after inspection by Buycycle, it turns out that there is no defect, Buycycle will inform the Buyer of this and return the Goods to him against payment of a shipping fee of EUR 100. The Buyer is free to refute this decision.

   13. Buyer-Protection no longer applies 14 days after delivery to the Buyer or a receiving representative. However, the Buyer shall continue to be entitled to all possible statutory rights and warranty rights.

   14. If both the Buyer and the Seller are Consumers, the provisions on Buyer-Protection apply accordingly, with the proviso that the Buyer is generally not entitled to any warranty claims against the Seller (see Section 5.4) and also has no right of withdrawal. In this case, Buyer-Protection is limited exclusively to checking whether there is a significant discrepancy between the Goods description in the Seller's Advertisement and the Goods actually delivered. Buyer-Protection does not apply to Sellers who are Consumers, however, with regard to the Buyer's complaint that a bicycle purchased via the Platform is not the right size, if and to the extent that this was evident in the Advertisement.

6. Additional Paid Services of Buycycle; "Premium Check", "Frame Check" and "As Good as New" for purchase contracts concluded on the Marketplace between Users

   1. In addition to the fee-based brokerage according to Section 3 and Section 4, Buycycle offers Additional Paid Services which can be booked in the check-out area before the conclusion of a purchase contract and which are in addition to the purchase contract concluded between the Seller and the Buyer, such as the "Premium Check", "Carbon Check" and "As Good as New" (together hereinafter referred to as the "Additional Paid Services").

   2. Buycycle does not become a party to the purchase contract concluded between the Users when ordering these Additional Paid Services. If the Buyer orders Additional Paid Services, a contract for the provision of the ordered Additional Paid Services is concluded exclusively between the Buyer and Buycycle, the rights and obligations of which are conclusively derived from these GTC and the Terms of Use.

   3. Premium Check

1. If the Buyer orders this Additional Paid Services, the Goods will not be shipped directly to the Buyer after the conclusion of the contract between the Buyer and the Seller, but will first be shipped to Buycycle. Buycycle performs the following services in cooperation with a partner workshop:

   1. Function check of Goods and repairs up to a value of EUR 50.00;

   2. Professional cleaning and polishing;

   3. Ultrasonic cleaning and lubrication of the drive;

   4. Complete inspection & adjustment incl. report; and

   5. Bleeding of the brakes.

If this inspection reveals defects that require more extensive repairs and these were not described in the offer, Buycycle will inform the Seller and offer to carry out the necessary repairs at the Seller's expense. If the Seller refuses the repairs, Buycycle will return the Goods to the Seller at the Seller's expense. Any payments already made by the Buyer will be refunded to the Buyer.

2. The Buyer always receives a summary report of the Premium Check.

3. The cost of the Premium Check must be paid to Buycycle by the Buyer together with the purchase price (see Fee List for the respective amount).

4. Carbon Check

1. If the Buyer orders this Additional Paid Services, the Goods will not be shipped directly to the Buyer after the conclusion of the contract between the Buyer and the Seller, but will first be shipped to Buycycle. Buycycle performs the following services in cooperation with a partner workshop:

1. Functional check of Goods and repairs up to a value of EUR 85.00

2. Professional cleaning & polishing;

3. Ultrasonic cleaning and lubrication of the drive;

4. Complete inspection & adjustment incl. report;

5. Bleeding of the brakes;

6. Ultrasonic testing of all carbon parts; and

7. One (1) year additional warranty.

If this inspection reveals defects that require more extensive repairs and these were not described in the offer, Buycycle will inform the Seller and offer to carry out the necessary repairs at the Seller's expense. If the Seller refuses the repairs, Buycycle will return the Goods to the Seller at the Seller's expense. Any payments already made by the Buyer will be refunded to the Buyer.

4. The Buyer always receives a summary report of the Carbon Check.

5. The cost of the Carbon Check must be paid to Buycycle by the Buyer together with the purchase price (see Fee List for the respective amount).

5. As Good as New

1. If the Buyer orders this Additional Paid Services, the Goods will not be shipped directly to the Buyer after the conclusion of the contract between the Buyer and the Seller, but will first be shipped to Buycycle. Buycycle performs the following services in cooperation with a partner workshop:

1. Functional check of the Goods and repairs up to a value of EUR 125.00;

2. Professional cleaning & polishing;

3. Ultrasonic cleaning and lubrication of the drive;

4. Complete inspection & adjustment incl. report;

5. Bleeding of the brakes;

6. Ultrasonic testing of all carbon parts;

7. Two (2) years additional warranty; and

8. Replacement of all wearing parts.

If this inspection reveals defects that require more extensive repairs and these were not described in the offer, Buycycle will inform the Seller and offer to carry out the necessary repairs at the Seller's expense. If the Seller refuses the repairs, Buycycle will return the Goods to the Seller at the Seller's expense. Any payments already made by the Buyer will be refunded to the Buyer.

6. The Buyer shall always receive a summary report on the services mentioned under a).

7. The cost of the “as Good as New” Check must be paid to Buycycle by the Buyer together with the purchase price (see Fee List for the respective amount).

7. Buycycle as Seller

   1. Buycycle also offers Goods for sale on the Marketplace. In this case, Buycycle is considered a Seller and a Business within the meaning of these GTC. The provisions of these GTC apply accordingly to purchase contracts between Buycycle and Buyers.

   2. Consumers are entitled to a right of withdrawal in accordance with Section 8 in the case of a purchase of Goods on the Marketplace directly from Buycycle as Seller.

   3. Buycycle also purchases Goods itself via the Marketplace. In this case, Buycycle is considered a Buyer and Business within the meaning of these GTC, with the proviso that the regulations on Buyer-Protection do not apply, no Buycycle fee is charged and no shipping costs are incurred.

8. Withdrawal policy

The following withdrawal policy applies to all contracts between you and us where you are a Consumer and we are your direct contractual partner. We are your direct contractual partner for brokerage contracts and for contracts in which we are the direct buyer or seller.

1. You have the right to withdraw from this/these contract(s) within fourteen days without giving any reason.

The withdrawal period is in case of a purchase contract fourteen (14) days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the Goods and, in the case of a service contract, fourteen (14) days from the date of conclusion of the contract.

To exercise your right of withdrawal, you must inform us TFJ Buycycle GmbH, Atelierstraße 12, 81671 Munich, phone: +49 89 628 24621, e-mail: info@buycycle.de of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or an e-mail). You can use the attached sample withdrawal form, but this is not mandatory.

To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

2. Consequences of withdrawal

1. If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.

2. We pick up the Goods.

3. 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 to check their condition, properties and functionality.

4. If you have requested that the services should commence during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.

3. Sample withdrawal form

(If you wish to withdraw from the contract, please complete this form and return it to us).

- To TFJ Buycycle GmbH, Atelierstraße 12, 81671 Munich, phone: +49 89 628 24621, e-mail: info@buycycle.de

- I/we (*) hereby cancel 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 for notification on paper)

- Date

(*) Delete as appropriate.

9. Support

Buycycle offers Users technical support from Monday to Friday (excluding public holidays at Buycycle's registered office) from 08:00 - 18:00. The support can be reached as follows:

Telephon: +49 89 628 24621

E-Mail: support@buycycle.de

Contact form : https://buycycle.com/de-de/contact-us

Mail (Post) TFJ Buycycle GmbH, Atelierstraße 12, 81671 München, Deutschland

10. Right of use

    1. The User grants Buycycle a spatially and temporally unlimited, irrevocable, transferable to third parties, non-exclusive, royalty-free right to commercially exploit the content posted on the Marketplace. Buycycle is authorized to use, edit and exploit the content at any time. This includes in particular the right of reproduction, the right of distribution and the right of public reproduction, in particular the right of making available to the public. In this respect, the User waives the exercise of his right to attribution without thereby waiving his right to recognition of authorship. This provision does not affect the User's option to grant third parties rights to posted content in accordance with certain license models.

    2. All rights to the content of the Marketplace belong to Buycycle. The User is prohibited from reproducing, distributing and/or publishing content that Buycycle, other Users or third parties have uploaded to the Marketplace.

11. Payment services

If Buycycle integrates payment service functions in such a way that it is a payment initiation service within the meaning of sec 1 para. 1 sentence 2 no. 7, para. 33 Payment Services Supervision Act (Zahlungsdiensteaufsichtsgesetz “ZAG”) or an account information service within the meaning of sec. 1 para. 1 sentence 2 no. 8, para. 34 ZAG, the provisions of the ZAG remain unaffected.

12. Liability; indemnification and limitation period

    1. Unless otherwise stated in these GTC, including the following provisions, the warranty rights of the User and the liability of Buycycle in the event of a breach of contractual and non-contractual obligations shall be determined in accordance with the statutory provisions.

Clarification: Buycycle is not responsible for any content in Advertisements published by Users. Buycycle is also not a contractual partner in the contracts concluded between Users. Buycycle only becomes a contractual partner if and insofar as this is expressly regulated in these GTC or Buycycle obviously acts as Seller.

2. If Buycycle acts as Seller, the following applies:

1. Only the information provided by Buycycle and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the Goods; Buycycle assumes no liability for public statements made by the manufacturer or other advertising statements.

2. The limitation period for statutory claims for defects when Buyer purchases used Goods is one (1) year from delivery of the Goods.

3. The limitation period for statutory claims for defects when Buyer purchases new (unused) Goods is two (2) years from delivery of the Goods. 

3. Buycycle is liable for damages - regardless of the legal reason - within the scope of fault-based liability in cases of intent and gross negligence. In other cases, Buycycle is liable - unless Section 12.4 is relevant - only for damages resulting from the breach of a material contractual obligation; in this case, however, liability is limited to compensation for foreseeable, typically occurring damages. Sentences 1 and 2 also apply to breaches of duty by persons whose fault Buycycle is responsible for according to statutory provisions (e.g. vicarious agents).

4. Liability for damages resulting from injury to life, body or health and under the Product Liability Act remains unaffected by the above limitation of liability. Furthermore, the aforementioned limitation of liability does not apply if Buycycle has fraudulently concealed a defect or has assumed a guarantee for the quality of the product.

13. Assignment and set-off

    1. A partial or complete assignment of the User's rights from the contract with Buycycle to third parties is excluded.

    2. The User is only entitled to offset or to exercise rights of retention if the claim made for offsetting or used to assert the right of retention has been recognized in writing by Buycycle or has been legally established or if the counterclaim is in a reciprocal relationship to the claim in question.

14. Force majeure

    1. Buycycle is not responsible for delays in performance due to force majeure or due to circumstances for which the Buyer is responsible and entitles Buycycle to postpone the provision of the affected services for the duration of the hindrance plus a reasonable start-up and planning period. Buycycle will notify the User of delays in performance or changes in performance due to force majeure. 

    2. Should one of the contracting parties be prevented in whole or in part from fulfilling its obligations under the contract due to force majeure or other circumstances which it cannot reasonably be expected to remedy, these obligations shall be suspended until the disruptions and their consequences have been remedied. In this case, the contractual partner concerned shall have no claim to consideration. The contractual partner concerned is obliged to inform the other contractual partner immediately and to take all technically and economically reasonable measures to restore the conditions for the fulfillment of the contract without delay.

    3. Force majeure is an external event caused by elementary forces of nature or by the actions of third parties, which is unforeseeable according to human insight and experience, cannot be prevented or rendered harmless by economically acceptable means, even with the utmost care that can reasonably be expected in the circumstances, and cannot be accepted by the affected contractual partner due to its frequency.

15. Data protection

Buycycle is authorized to save and process the data relating to the respective order in accordance with the legal provisions and the privacy policy available on the Marketplace.

16. Place of jurisdiction; choice of law; dispute resolution

    1. The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you have submitted a purchase offer as a Consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in sentence 1.

    2. The exclusive place of jurisdiction for all disputes arising from or in connection with a contract between us and the user is Munich, provided that the contracting parties are merchants, the user has no general place of jurisdiction in Germany or in another EU member state, the user has moved his permanent place of residence abroad after these General Terms and Conditions have come into force or the user's place of residence or habitual abode is not known at the time the action is brought. Buycycle is also entitled to sue at the general place of jurisdiction of the User.

    3. Dispute resolution: The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr. Buycycle is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.

17. Final provisions

    1. Amendments and supplements to all contracts must be made in writing to be effective. This also applies to amendments to this written form clause.

    2. Buycycle reserves the right to change these GTC, provided that the changes are reasonable for the User and the essential provisions of existing contractual relationships remain unaffected. Buycycle will notify the User of the changes in writing at least six (6) weeks before they come into effect. If the User does not agree to the changes, the User may object in writing within one week before the planned entry into force of the changes. Without an objection from the User, the changes are considered approved. Buycycle will expressly inform the User of the significance of his silence when notifying him of the changes to the GTC.

    3. Should provisions of these GTC or a provision included in them in the future be wholly or partially invalid or unenforceable or lose their legal validity or enforceability at a later date, this shall not affect the validity of the GTC. The same applies if contracts between the contracting parties contain a loophole. In place of the invalid or unenforceable provisions or to fill the gap, an appropriate provision shall apply that comes closest to what the contracting parties intended or would have intended according to the meaning and purpose of the contract if they had considered the point when concluding this contract or when subsequently including a provision. 

    4. The severability clause in Section 17.3 is not to be understood as a reversal of the burden of proof, but as a waiver of sec. 139 BGB.