Terms & Conditions
General Terms and Conditions of Ghost GmbH, An der Tongrube 3, 95652 Waldsassen, for Online Trade with Consumers
§ 1 Scope of application, definitions
(1) The following General Terms and Conditions in the version valid at the time of the order apply exclusively to the business relationship between us (hereinafter referred to as the "supplier") and the customer (hereinafter referred to as the "customer").
(2) The Customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed predominantly to his commercial or independent professional activity.
§ 2 Conclusion of contract
(1) The presentation of our goods on the Ghost-bikes.com website does not constitute a binding offer on our part.
The customer can select products from the supplier's range and collect them in a so-called shopping cart by clicking the button "add to shopping cart". By clicking on the button "order with obligation to pay", the customer submits a binding application to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by clicking on the "Accept GTC" button and has thereby included them in his application.
(2) The supplier then sends the customer an automatic order confirmation by e-mail, which contains a download link for retrieving the invoice. This concludes the purchase contract. Furthermore, when the goods are dispatched, the customer receives a "track and trace" email with which he can track the dispatch either to him or to a named dealer. If the bicycle is delivered to the dealer, the dealer will contact the customer via the telephone number provided to collect the bicycle. The text of the contract will be stored in compliance with data protection laws.
§ 3 Delivery, availability of goods
(1) Delivery times stated by us are only approximate and are therefore non-binding.
(2) If no copies of the product selected by the customer are available at the time of the customer's order, the supplier shall inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, the Supplier shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded.
(3) If the product specified by the customer in the order is only temporarily unavailable, the supplier shall also inform the customer of this immediately in the order confirmation.
(4) The following delivery restrictions apply: The supplier only delivers to customers who have their usual place of residence (invoice address) in the Federal Republic of Germany....
§ 4 Retention of title
The delivered goods remain the property of the supplier until full payment has been made.
§ 5 Prices and shipping costs
(1) All prices stated on the website of the Provider are inclusive of the applicable statutory value added tax.
(2) The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer unless the customer exercises his right of revocation.
(3) The dispatch of the goods to the customer, or if desired, to an authorised dealer, is carried out by a forwarding agent. The shipping risk shall be borne by the supplier.
(4) In the event of a revocation, the customer shall bear the direct costs of the return shipment.
§ 6 Payment modalities
(1) The customer can pay by direct debit, credit card or via a payment service provider.
(2) The customer can change the payment method stored in his user account at any time.
(3) 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 customer 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.
(4) The obligation of the customer to pay default interest does not exclude the assertion of further default damages by the provider.
§ 7 Warranty for material defects, guarantee
(1) The supplier is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The warranty period is 24 months from the date of handover.
Complaints are to be addressed to the supplier.
Wear parts and the consequences of using incompatible components or improper storage do not constitute a material defect. Likewise, the warranty claim does not cover defects caused by misuse of the product, such as system tuning or exceeding the maximum load of the vehicle.
(2) The supplier provides a warranty on the bicycle frame that goes beyond the statutory warranty claim, namely
- for bicycles of category 0-4 for five years
- for bicycles of category 5 for three years
in each case calculated from the date of handover of the bicycle under the following conditions:
- The warranty must be confirmed within 30 days of the handover date through the customer's product registration process (see https://my.ghost-bikes.com/s/login/?language=de&expid=Ghost).
- The warranty is linked to the user's email address. Should the email address or the user change, the bicycle registration and account must be updated accordingly.
- Upon receipt of the registration confirmation, the Provider offers a warranty on each frame with a maximum duration of 5 years (according to the above scale) from the date of handover to the Customer.
The warranty is only valid for the first owner and will not be revived by a new product registration process.
(3) The above warranty includes the following services at the customer's option:
- After the occurrence of the warranty case, the customer has the right to receive a new bicycle of equal value
- or the right to request that the purchased bicycle be converted to a new bicycle frame free of charge.
- Further rights do not exist. If a replacement frame is no longer available for product modification reasons, the customer's right is limited to delivery of an equivalent new bicycle.
§ 8 Liability, recommendations on product safety
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the supplier, his legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
(2) In the event of a breach of material contractual obligations, the provider shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless it is a matter of claims for damages by the customer arising from injury to life, limb or health. The provider is not liable for damage to the product or for the consequences of a failure if safety instructions or an official recall have been ignored.
(3) The restrictions of paras. 1 and 2 also apply in favour of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
(4) The limitations of liability resulting from paras. 1 and 2 do not apply insofar as the provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies insofar as the supplier and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.
(5) For product safety, proper and regular maintenance of the bicycle by an authorised specialist dealer is recommended to ensure the safety of the product:
§ 9 Cancellation policy
(1) Consumers have a statutory right of withdrawal when concluding a distance selling transaction, about which the supplier informs them below in accordance with the statutory model. The details of the right of withdrawal are set out below. In paragraph (2) you will find a model withdrawal form.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation 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 order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). You can use the enclosed model withdrawal form for this purpose, which is, however, not mandatory.
To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the inexpensive 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 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; 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 cancellation of this contract. The deadline is met if you send the goods before the expiry 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 the handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods. We would like to point out that the use of a bicycle which goes beyond the aforementioned examination requirements constitutes a loss of value in any case.
(2) The supplier informs about the model withdrawal form according to the legal regulation as follows:
Model cancellation form
(If you wish to cancel the contract, please complete and return this form).
and send it back).
- To [here, the name, address and, if applicable, the fax number and
e-mail address of the trader by the trader]:
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)
for the purchase of the following goods (*)/ the provision of the following services (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of consumer(s) (only in case of paper communication)
(*) Delete where inapplicable.
§ 10 Final provisions
(1) The law of the Federal Republic of Germany shall apply to contracts between the supplier and the customer to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) The contract remains binding in its remaining parts even if individual points are legally ineffective. The invalid points shall be replaced by the statutory provisions, if any. However, insofar as this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become ineffective.