Terms and Conditions

§ 2 Contract Conclusion

(1) Our offers are non-binding and subject to change. This also applies if we provide the Buyer with catalogs, technical documentation (e.g., drawings, plans, calculations, references to DIN standards), other product descriptions, or documents – including in electronic form – to which we reserve ownership and copyright.

(2) The Buyer's order of Goods constitutes a binding contract offer. Unless otherwise stated in the order, we are entitled to accept this contract offer within 2 weeks of its receipt.

(3) Acceptance may be declared either in writing (e.g., by order confirmation) or by delivering the Goods to the Buyer.

§ 3 Delivery Period and Delay

(1) The delivery period is individually agreed upon or specified by us upon acceptance of the order.

(2) If we cannot meet binding delivery periods for reasons beyond our control (non-availability of the service), we will inform the Buyer immediately and at the same time notify the expected new delivery period. If the service is still not available within the new delivery period, we are entitled to withdraw from the contract in whole or in part; any consideration already provided by the Buyer will be refunded immediately. Non-availability of the service may occur, for example, due to delayed self-delivery by our supplier if we have concluded a congruent covering transaction, due to other disruptions in the supply chain such as force majeure, or if we are not obligated to procure in individual cases.

(3) The occurrence of our delivery delay is determined in accordance with statutory provisions. In any case, a reminder from the Buyer is required.

(4) The Buyer's rights under § 8 of these GTC and our statutory rights, particularly in the event of exclusion of the obligation to perform (e.g., due to impossibility or unreasonableness of performance and/or subsequent performance), remain unaffected.

§ 4 Delivery, Transfer of Risk, Acceptance, Default of Acceptance

(1) Delivery is made ex warehouse, which is also the place of performance for delivery and any subsequent performance. At the Buyer's request and expense, the Goods will be shipped to another destination (shipment purchase). Unless otherwise agreed, we are entitled to determine the type of shipment (particularly the transport company, shipping route, packaging) and are obligated to take out transport insurance for this.

(2) The risk of accidental loss and accidental deterioration of the Goods passes to the Buyer at the latest upon handover. In the case of shipment purchase, however, the risk of accidental loss and accidental deterioration of the Goods as well as the risk of delay passes to the Buyer upon delivery of the Goods to the carrier, freight forwarder, or other person or institution designated to carry out the shipment. If acceptance is agreed upon, this is decisive for the transfer of risk. Otherwise, the statutory provisions of contract law apply to agreed acceptance. Handover or acceptance is equivalent to the Buyer being in default of acceptance.

(3) If the Buyer is in default of acceptance, fails to cooperate, or delays our delivery for other reasons attributable to the Buyer, we are entitled to claim compensation for the resulting damage, including additional expenses (e.g., storage costs). For this, we charge a flat-rate compensation of 10 EUR per calendar day, starting from the delivery period or – in the absence of a delivery period – from the notification of the Goods' readiness for shipment. Proof of higher damage and our statutory claims remain unaffected; the flat rate is credited against further monetary claims. The Buyer is entitled to prove that we have incurred no damage or only significantly less damage than the above flat rate.

§ 6 Retention of Title

(1) Until full payment of all our current and future claims arising from the purchase contract and an ongoing business relationship (secured claims), we retain ownership of the sold goods.

(2) Goods subject to retention of title must not be pledged to third parties or transferred as security before full payment of the secured claims. The Buyer must notify us immediately in writing if an application for insolvency proceedings is filed or if third parties (e.g., seizures) access goods belonging to us.

(3) In the event of the Buyer's breach of contract, particularly non-payment of the due purchase price, we are entitled to withdraw from the contract and/or demand the return of the goods based on the retention of title under statutory provisions. The demand for return does not simultaneously constitute a declaration of withdrawal; we are instead entitled to demand the return of the goods and reserve the right to withdraw. If the Buyer does not pay the due purchase price, we may only assert these rights if we have previously set the Buyer a reasonable deadline for payment or if such a deadline is dispensable under statutory provisions.

(4) The Buyer is authorized, until revoked according to the provisions below (c), to resell and/or process the goods subject to retention of title in the ordinary course of business. In this case, the following provisions apply additionally:

(a) The retention of title extends to the products resulting from the processing, mixing, or combining of our goods at their full value, whereby we are considered the manufacturer. If the ownership rights of third parties remain in place during processing, mixing, or combining with their goods, we acquire co-ownership in proportion to the invoice values of the processed, mixed, or combined goods. Otherwise, the same applies to the resulting product as to the goods delivered under retention of title.

(b) The Buyer hereby assigns to us, as security, all claims against third parties arising from the resale of the goods or the product, either in full or in the amount of our co-ownership share as per the preceding paragraph. We accept the assignment. The obligations of the Buyer stated in paragraph 2 also apply with regard to the assigned claims.

(c) The Buyer remains authorized to collect the claim alongside us. We commit not to collect the claim as long as the Buyer fulfills their payment obligations to us, no deficiency in their performance capacity exists, and we do not assert the retention of title by exercising a right under paragraph 3. However, if this is the case, we may demand that the Buyer disclose the assigned claims and their debtors to us, provide all necessary information for collection, hand over the associated documents, and inform the debtors (third parties) of the assignment. Furthermore, in this case, we are entitled to revoke the Buyer's authority to resell and process the goods subject to retention of title.

(d) If the realizable value of the securities exceeds our claims by more than 10%, we will release securities of our choice at the Buyer's request.

§ 7 Buyer's Claims for Defects

(1) The Buyer's rights regarding material and legal defects are governed by statutory provisions unless otherwise specified below. The statutory provisions on consumer goods purchases (§§ 474 ff. BGB) and the Buyer's rights under separately issued guarantees remain unaffected.

(2) The basis of our liability for defects is primarily the agreement made regarding the condition and intended use of the goods. All product descriptions and manufacturer specifications that are part of the individual contract or publicly disclosed by us at the time of contract conclusion are considered condition agreements in this sense. If the condition is not agreed upon, the statutory regulation determines whether a defect exists (§ 434 para. 3 BGB). Without prejudice to further rights, we are entitled to make changes to the goods without prior notice to the Buyer, provided these do not significantly impair or deteriorate the function and appearance and are reasonable for the Buyer.

(3) For goods with digital elements or other digital content, we owe the provision and, if applicable, updates of the digital content only to the extent explicitly stated in a condition agreement under paragraph 2.

(4) We are generally not liable for defects that the Buyer knows or grossly negligently does not know at the time of contract conclusion (§ 442 BGB). Furthermore, the Buyer's claims for defects require compliance with their statutory inspection and notification obligations (§§ 377, 381 HGB). If a defect becomes apparent during delivery, inspection, or at any later time, the Buyer must notify us immediately in writing. In any case, obvious defects must be reported in writing within 5 working days of delivery, and defects not detectable during inspection must be reported within the same period after discovery. Failure to properly inspect and/or notify defects excludes our liability.

(5) If the delivered item is defective, we may choose to provide supplementary performance by remedying the defect (repair) or delivering a defect-free item (replacement).

(6) We are entitled to make the owed supplementary performance contingent on the Buyer paying the due purchase price. However, the Buyer is entitled to retain a portion of the purchase price that is reasonable in relation to the defect.

(7) The Buyer must give us the necessary time and opportunity for the owed supplementary performance. Supplementary performance does not include removal or installation unless we were originally obligated to perform these services.

(8) We bear or reimburse the expenses required for inspection and supplementary performance according to statutory provisions if a defect is present. Otherwise, we may demand reimbursement of the costs incurred from the Buyer.

(9) In urgent cases, the Buyer has the right to remedy the defect themselves and claim reimbursement from us for the objectively necessary expenses.

(10) If a reasonable deadline set by the Buyer for supplementary performance expires unsuccessfully or is dispensable under statutory provisions, the Buyer may withdraw from the purchase contract or reduce the purchase price. However, there is no right of withdrawal for insignificant defects.

(11) The Buyer's claims for reimbursement of expenses under § 445a para. 1 BGB are excluded unless the response contract in the supply chain is a consumer goods purchase. Claims for damages exist only under the provisions of §§ 8 and 9.

§ 8 Other Liability

(1) Unless otherwise stated in these GTC, we are liable for breaches of contractual and non-contractual obligations under statutory provisions.

(2) We are liable for damages under fault-based liability in cases of intent and gross negligence. In cases of simple negligence, we are only liable:

a) for damages resulting from injury to life, body, or health,

b) for damages resulting from the breach of an essential contractual obligation; in this case, our liability is limited to compensation for foreseeable, typically occurring damages.

(3) The liability limitations resulting from paragraph 2 also apply to third parties. They do not apply if a defect has been fraudulently concealed or a guarantee has been assumed, as well as for claims under the Product Liability Act.

(4) Due to a breach of duty that does not constitute a defect, the Buyer may only withdraw or terminate the contract if we are responsible for the breach of duty. The Buyer's free right of termination (particularly under §§ 650, 648 BGB) is excluded.

§ 9 Statute of Limitations

(1) Contrary to § 438 para. 1 no. 3 BGB, the general limitation period for claims arising from material and legal defects is one year from delivery. If acceptance is agreed upon, the limitation period begins with acceptance.

(2) The above limitation periods under purchase law also apply to contractual and non-contractual claims for damages by the Buyer based on a defect in the goods. Claims for damages by the Buyer under § 8 para. 2 sentences 1 and 2 (a) and under the Product Liability Act are subject exclusively to the statutory limitation periods.

§ 10 Choice of Law and Jurisdiction

(1) These GTC and the contractual relationship between us and the Buyer are governed by the laws of the Federal Republic of Germany, excluding international uniform law, particularly the UN Convention on Contracts for the International Sale of Goods.

(2) If the Buyer is a merchant within the meaning of the German Commercial Code, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship is our business location in Schweinfurt. The same applies if the Buyer is an entrepreneur within the meaning of § 14 BGB.

(4) Orders placed in the R RAYMON Bicycles GmbH online shop, whether by the Buyer themselves or by users of the customer account, constitute legally binding purchase contracts. The Buyer is liable for any unauthorized use of their user data enabled by their actions and for any resulting costs. Refusal of acceptance or return of orders may lead to the deletion of user data and exclusion from the R RAYMON Bicycles GmbH shop. The Buyer assumes the costs incurred, including processing fees, freight costs, and return costs. Furthermore, the user/Buyer agrees not to violate any data, trademark, or image rights through their use. This particularly applies to copying or downloading data or images. R RAYMON Bicycles GmbH holds image usage rights solely for representation in its own media. Sharing with third parties is legally prohibited. In principle, the image and trademark rights of the offered items belong to the respective manufacturer and can only be released by them. We emphasize that no guarantee can be provided for the accuracy, completeness, or compliance with competition law of texts taken from our site. The user is responsible for verifying the correctness and completeness of technical descriptions and ensuring that no terms are highlighted in a manner that violates competition law.