Scope
These terms and conditions apply to all purchases made from EMRG UG by private customers.
Private customers in this sense are persons with residence and delivery address in the Federal Republic of Germany, provided that the goods ordered by them can be attributed neither to their commercial nor their independent professional activity.
Business customers are requested to contact us via info@emrg.bike.
Prices and shipping costs
The prices shown are final prices including VAT. The amount shown at the time of the binding order shall apply. We shall bear the regular costs of the return shipment incurred in the event of a return of the goods by you exercising your right of revocation. When exercising your right of withdrawal, we will also refund the shipping costs.
Payment
Payment is made by means of:
Prepayment via the bank IBAN: DE16 6509 1040 0172 0580 07, BIC: GENODES1LEU
PayPal via the Paypal account provided during the ordering process
Cash on collection
Delay in payment
If you are in default of payment, EMRG UG shall be entitled to claim default interest in the amount of 5 percentage points above the base interest rate p.a. announced by the Deutsche Bundesbank for the time of the order. If EMRG UG can prove that it has incurred higher damages due to default, EMRG UG shall be entitled to claim such damages.
Retention right
The customer shall only be entitled to exercise a right of retention insofar as its counterclaim is based on the same contractual relationship.
Delivery
(1) Delivery is made to the delivery address provided by the customer, within Germany, the EU, the UK, the USA and most of the rest of the world. If the shipping costs for your country are not specified, please contact us.
(2) If force majeure (natural disasters, war, civil war, terrorist attack) makes the delivery or any other service permanently impossible, EMRG UG’s obligation to perform shall be excluded. Amounts already paid shall be refunded by EMRG UG without delay.
(3) EMRG UG may also refuse performance insofar as this requires an effort that is grossly disproportionate to the customer’s interest in fulfilling the purchase contract, taking into account the content of the purchase contract and the requirements of good faith. Amounts already paid shall be refunded by EMRG UG without delay.
Favorable shipping method for return
(1) When returning the goods, please use the original packaging if possible, even if it should be damaged due to an opening for functional testing.
(2) Please contact us before return. You will receive a return label.
Retention of title
The delivered goods shall remain the property of EMRG UG until all claims against the customer arising from the purchase contract have been settled in full. As long as this reservation of title exists, the customer may neither resell nor dispose of the goods; in particular, the customer may not contractually grant third parties any use of the goods.
Rights against defects
(1) A product that is already defective upon delivery (warranty case) shall be replaced by a defect-free product or professionally repaired by EMRG UG at the customer’s option and at EMRG UG’s expense (subsequent performance). The customer is informed that there is no warranty case if the product had the agreed quality at the time of transfer of risk.
A warranty case does not exist in particular in the following cases:
a) in case of damage caused to the customer by misuse or improper use,
b) in case of damage caused by the fact that the products have been exposed to harmful external influences at the customer’s premises (in particular extreme temperatures, humidity, extraordinary physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).
(2) EMRG UG further does not warrant for a defect caused by improper repair by a service partner not authorized by the manufacturer.
(3) If the type of subsequent performance requested by the customer (replacement delivery or repair) requires an effort that is grossly disproportionate to the customer’s interest in performance in view of the product price, taking into account the content of the contract and the requirements of good faith – whereby in particular the value of the object of purchase in a defect-free condition, the significance of the defect and the question of whether the other type of subsequent performance can be resorted to without significant disadvantages for the customer are to be taken into account – the customer’s claim shall be limited to the respective other type of subsequent performance. The right of EMRG UG to also refuse this other type of subsequent performance under the aforementioned condition shall remain unaffected.
(4) Both in the case of repair and in the case of replacement delivery, the Customer shall be obliged to send the product at the expense of EMRG UG to the return address specified by it, stating the order number. Prior to sending in the product, the customer shall remove any objects inserted by him from the product. EMRG UG is not obliged to inspect the product for the insertion of such items. EMRG UG shall not be liable for the loss of such items unless it was readily apparent to EMRG UG at the time of taking back the product that such an item had been inserted into the product (in this case EMRG UG shall inform the Customer and hold the item ready for collection by the Customer; the Customer shall bear the costs incurred in doing so).
(5) If the customer sends the goods in order to receive a replacement product, the return of the defective product shall be governed by the following provisions: If the customer was able to use the goods in a defect-free condition between delivery and return, the customer shall reimburse the value of the benefits derived by it. The customer shall pay compensation for the value of any loss or further deterioration of the goods not caused by the defect and for the impossibility of surrendering the goods not caused by the defect in the period between delivery of the goods and return of the goods. The customer does not have to pay compensation for the deterioration of the goods caused by the intended use of the goods. Furthermore, the obligation to pay compensation for lost value shall not apply to the return of a defective product in the event of a warranty claim,
a) if the defect entitling to withdrawal has only become apparent during processing or transformation,
b) if EMRG UG is responsible for the deterioration or loss or if the damage would also have occurred at EMRG UG,
c) if the deterioration or loss has occurred at the customer’s premises, although the customer has exercised the care that he is accustomed to exercising in his own affairs.
(6) The customer’s liability for damages in the event of a breach of the obligation to return goods for which the customer is responsible shall be governed by the statutory provisions.
(7) The customer may, at its option, withdraw from the contract or reduce the purchase price if the repair or replacement delivery has not resulted in a condition of the product in accordance with the contract within a reasonable period of time.
(8) In addition, there may also be claims against the manufacturer under a warranty granted by the latter, which shall be governed by the relevant warranty conditions.
(9) The statutory warranty of EMRG UG shall end two years after delivery of the goods. The period begins with the receipt of the goods.
Liability
(1) In the event of slight negligence, EMRG UG shall only be liable in the event of a breach of material contractual obligations and limited to the foreseeable damage. This limitation shall not apply in the event of injury to life, body and health. EMRG UG shall not be liable for other damages caused by slight negligence due to a defect of the object of purchase.
(2) Irrespective of any fault on the part of EMRG UG, any liability on the part of EMRG UG in the event of fraudulent concealment of the defect or from the assumption of a guarantee shall remain unaffected. The manufacturer’s warranty is a warranty of the manufacturer and does not constitute an assumption of a warranty by EMRG UG.
(3) EMRG UG shall also be responsible for the impossibility of delivery occurring by chance during its delay, unless the damage would also have occurred in the event of timely delivery.
(4) The personal liability of the legal representatives, vicarious agents and employees of EMRG UG for damage caused by them through slight negligence shall be excluded.
Applicable law
The contract concluded between you and EMRG UG shall be governed exclusively by the laws of the Federal Republic of Germany to the express exclusion of the UN Convention on Contracts for the International Sale of Goods. The mandatory provisions of the state in which you have your habitual residence remain unaffected.
Jurisdiction
If, contrary to the information you provided when placing your order, you do not have a place of residence in the Federal Republic of Germany, or if you transfer your place of residence abroad after conclusion of the contract, or if your place of residence is not known at the time the action is brought, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship shall be Lindau Bodensee
Dispute Resolution
General information requirements for alternative dispute resolution in accordance with Article 14 (1) ODR Regulation and Section 36 VSBG (Consumer Dispute Resolution Act):
The European Commission provides a platform for online dispute resolution (OS), which you can find at this address: http://ec.europa.eu/consumers/odr/ . We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
Closing provisions
(1) Should individual provisions of this contract be or become invalid or void in whole or in part, this shall not affect the validity of the remainder of the contract insofar as a contracting party is not unreasonably disadvantaged thereby.
(2) Amendments or supplements to this contract must be made in writing.