General Terms and Conditions of Business
1 General
1) The following general terms and conditions of delivery and business apply to all offers, purchase contracts, deliveries and services which result from orders placed in the power2max online shop through www.power2max.com.
2) The product range available on www.power2max.com is targeted for consumers and the business customers of Saxonar GmbH, hereinafter also referred to as “our customer(s)” or “the customers” or “customer”.
Our customer acknowledges these terms and conditions of delivery and business and agrees to their exclusive applicability for the transaction concluded with us, Saxonar GmbH, hereinafter also referred to as “Saxonar” or “we” or “us”. In each case, the version applicable at the time of the conclusion of the contract is decisive.
Different terms and conditions are deemed to be invalid, even if we do not expressly object to them. Divergences only apply to the extent to which they have been explicitly agreed. We reserve the right to alter our terms and conditions of delivery and business at any time.
We offer the translation of our Internet presence in English, Spanish, French and Italian for the convenience of our customers.
2 Conclusion of the Contract
(1) The products shown on our online shop through www.power2max.com do not constitute an offer. Instead, they merely constitute an invitation to the customer to make us an offer for purchase by placing an order.
(2) By placing an order in the power2max online shop and giving the necessary consent to these General Terms and Conditions of Business and the data protection guidelines associated with the placement of such an order, the customer makes Saxonar a binding offer for the purchase of the chosen product(s).
(3) Receipt of the offer will be confirmed to the customer without undue delay by E-Mail (order confirmation) after the offer is received per Email. The order confirmation does not constitute acceptance of the offer.
(4) The customer will be notified of our acceptance of the offer by E-Mail by being sent the confirmation of the commission. We can declare the acceptance of an offer by confirmation of the commission within two weeks after receipt of the order.
(5) If the consumer has his place of residence and registered address within the European Union, he is entitled to revoke the contract and return goods which have already been delivered. We inform the customer about his rights and duties in the Information on Revocation. The right of revocation does not apply to consumers who do not belong to a member state of the European Union at the time of the conclusion of the contract and whose sole place of residence and delivery address are located outside the European Union at the time of the conclusion of the contract.
3 Contract Texts/Customer Data
The text of the contract will be stored in digital form. The customer can view our General Terms and Conditions of Delivery and Business at any time on the webpage of our online shop.
4 Prices and Methods of Payment
(1) Our offers are non-binding and without obligation. We expressly reserve the right to make changes to articles, undertake price adjustments in the course of market alterations and make technical improvements.
(2) The prices on www.power2max.com include the statutory value added tax for purchases inside the European Union. These prices do not include packing and postage. They are shown separately for every order.
(3) Prices in non-European Union countries do not include statutory value added tax. The buyer must bear bank fees, customs duty and similar levies which arise in connection with deliveries to non-EU countries. In case of deliveries of goods exceeding EUR 1,000 in value, customs duty of EUR 30 is payable for export from Germany. We expressly point out that in case of deliveries to non-EU countries, further customs and import duties can be charged in the country of destination. These costs must be borne by the customer/recipient. Saxonar GmbH has no influence on any fees which may arise.
(4) The price shown in our price list and/or in our confirmation of the commission at the time of the conclusion of the transaction is decisive for the transaction concluded.
(5) Unless expressly agreed otherwise, the customer pays for the goods by advance payment through bank transfer or another method of payment available in our order procedure. The goods will only be dispatched after the payment has been credited to our bank account. If the payment is not credited to our bank account within 10 days, the customer will receive a request for payment from us by E-Mail. Failure to make payment is not equivalent to cancellation. The handling of payments takes place through the service provider Heidelpay.
5 Packing and Postage / Delivery, Insurance and the Passing of Risk
(1) If no date for dispatch is stated, the goods will be dispatched within 21 days. The decisive time-limit for the determination of the dispatch date starts to run on the day of receipt of full payment of the purchase price (including value added tax and packing and postage costs) by Saxonar. Any bank charges incurred must be borne by the customer in full.
(2) The goods are provided for delivery to customers, distributors or distribution partners ex works. The production/delivery time is realised in accordance with the distribution agreement concluded.
(3) In case the goods ordered cannot be delivered or cannot be delivered in good time, these facts and circumstances will be notified to the customer without undue delay. In this case, Saxonar will reach an individual agreement with the customer regarding the delivery date.
(4) If Saxonar is unable to comply with a delivery date, the customer is entitled to set a reasonable extension of the deadline, which may not be less than five days.
(5) Saxonar is entitled to make partial deliveries of orders if the products ordered are also usable individually. Saxonar bears the additional costs of packing and postage which arise through partial delivery in relation to consumers.
(6) In case of occurrences of force majeure and of circumstances for which we are not responsible, which make the fulfilment of the order in time impossible for us, we are entitled to withdraw from the commission to the exclusion of claims for compensation by the customer or to postpone the due date for delivery of the goods beyond the duration of the present obstacle.
(7) power2max output meters and accessory parts such as crank arms are delivered in an unfitted state. In order to use the goods, the customer must affix them to his bicycle himself with the aid of the information supplied and available on www.power2max.com.
(8) Saxonar decides on the appropriate type of packing and postage and selects the transport company to the extent to which no different agreement has expressly been reached with the customer. If the customer is a consumer, then we bear the risk of packing and postage in any case, regardless of the type of packing and postage. If the customer is an entrepreneur, all risks and hazards of packing and postage pass to the customer as soon as the goods have been handed over by us to the commissioned logistics partner.
(9) Saxonar is responsible for the proper handover of the goods to the transport enterprise in good time, but not for delays in delivery which have been caused by the transport enterprise. For this reason, the delivery time stated on www.power2max.com is non-binding.
(10) The costs of packing and postage include transport insurance for the postage of orders by a consumer and are borne by the consumer. The relevant costs for packing and postage are shown to the customer during the order process in the online shop and can in addition also be seen here.
(11) In case of revocation, the customer must bear the costs of returning the goods.
6 Reservation of Title and Rights of Security
(1) We retain ownership of all goods delivered by us until the full satisfaction of all our claims. This also includes claims which exist subject to conditions, and claims which arise in the future.
(2) If the value of the retention exceeds the claims to be secured out of the current business relationship by 20%, we have an obligation to release the retained goods at the customer’s request.
7 Warranty, Guarantee and Right of Return
(1) The statutory warranty period is 2 years if the customer is a consumer.
(2) Without restricting the statutory warranty, the following additional conditions apply for the guarantee provided by us on a voluntary basis: The extended guarantee does not apply to damage resulting from improper use, faulty installation or from changes made to the product, from falls or overload of the product.
Saxonar reserves the right to repair defective products or replace them by successor products.
(3) Only our direct customers (first buyers) are entitled to assert warranty claims.
(4) Current acknowledged technical capabilities mean that it is not possible to develop and operate computer programmes (software) and data processing facilities (hardware) which are entirely free of errors, and to exclude all eventualities in connection with the medium of the Internet. We accept no liability regardless of fault for damage incurred by users or third parties as such through the use of our Internet platform.
8 Liability
(1) We are liable without limitation for wilful intent and gross negligence. Apart from in cases of injury to life, body or health, we are only liable for simple negligence if important contractual obligations (cardinal duties) are breached.
(2) Liability is restricted to foreseeable damage which is typical for this type of contract. In case of simple negligence, liability for indirect and unforeseeable damage, loss of production and use, loss of profit, lost savings and pecuniary loss due to claims of third parties are excluded, apart from in the case of injury to life, body or health.
(3) Liability going above and beyond what is agreed in this contract is excluded, regardless of the legal nature of the claim asserted. The restrictions and/or exclusions of liability set forth above do not apply to compulsory liability regardless of fault which is prescribed by statute (e.g. pursuant to the Product Liability Act) or liability resulting from a warranty irrespective of fault. To the extent to which liability is excluded or limited pursuant to figs. 2 and 3, this also applies to the personal liability of our employees, workforce, representatives, organs and persons commissioned by us for the fulfilment of our obligations.
9 Data Protection
(1) We store and process customer data in compliance with the relevant provisions of the Federal Data Protection Act (Bundesdatenschutzgesetz, BDSG) and the Teleservices Data Protection Act (Teledienstdatenschutzgesetz, TDDSG). Personal data is kept in relation to persons only for fixed, clear and legal purposes, and is not kept for longer than necessary.
(2) The customer has the right to information about, correction, blocking and deletion of his data stored with us unless the relevant data is still required for the fulfilment of the obligations of the contractual relationship concluded, or in case there are statutory regulations against deletion.
(3) We do not pass on personal data, including the residential address and E-Mail address of the customer, to third parties without the customer’s expressly declared consent. This does not apply to our service partners, who require the transmission of such data for the handling of the order. However, in such cases the extent of the data transmitted is restricted to the necessary minimum. You will find more detailed information about data protection in our Data Protection Declaration.
10 Copyright
(1) We reserve all rights in connection with our Internet presence. Texts, pictures, sound, graphics, animations and videos and their inclusion on our Internet pages are protected by copyright and other protective statutes.
(2) The content of our Internet pages may not be copied or disseminated for commercial purposes, altered or made available to third parties.
(3) Our Internet pages contain graphics and texts which are subject to the copyright of third parties. Unless stated otherwise, all trademarks and product names stated on our Internet pages are protected under trademark law. Our Internet pages do not confer any licence by us or by third parties for the use of intellectual property.
11 Information about Participation in the Returns System of Landbell AG
In relation to the sales packaging filled by us with goods for the first time and destined for private end-customers, our company has joined the returns system of Landbell AG, Mainz (customer number 4145584), which operates throughout the Federal Republic, in order to ensure the fulfilment of our statutory obligations pursuant to Section 6 Packaging Ordinance. Further information is available on the website of Landbell AG.
12 Place of Performance, Applicable Law and Place of Jurisdiction
(1) German law applies, subject to the exclusion of the UN law of sale, in case of consumers and for other persons with their usual main place of business or abode in a member state of the European Union (EU) or the European Economic Area (EEA) at the time of the conclusion of the Contract.
(2) Irrespective of this choice of law, consumers are always protected by the mandatory consumer protection law of the country in which they have their usual place of abode at the time of the conclusion of the contract.
(3) Consumers with their ordinary place of abode in a country which belongs neither to the EU nor to the EEA at the time of the conclusion of the contract are subject to the law of the country in which the consumer had his usual place of abode at the time of the conclusion of the contract.
(4) If the customer is a businessman, a legal person under public law or a public-law special fund, the exclusive place of jurisdiction for all disputes out of this contract is the registered headquarters of the firm Saxonar GmbH. The same applies if the customer has no general place of jurisdiction in Germany, or his place of residence or of usual abode are unknown at the time the action is filed.
13 Duties of Information
(1) Upon registration/statement of customer data with www.power2max.de, the customer has an obligation to make true statements. If customer data changes, in particular with regard to the name, address, E-Mail address and telephone number, the customer is obliged to notify Saxonar of these changes by E-Mail to support@power2max.de.
(2) In case of false or incorrect data, including the E-Mail address, we can withdraw from the contract is a contract has been concluded. Withdrawal will be declared in writing. Written form is complied with if an E-Mail is transmitted.
(3) After acceptance of the offer, Saxonar sends the customer an E-Mail containing the commission data (confirmation of the commission) to the E-Mail address stated in the customer’s order at the online shop.
(4) The customer must ensure that the E-Mail address stated by him is ready for receipt from the time at which the order is placed onwards, and that the receipt of new E-Mail messages is not prevented by forwarding, shutdown or overflow of the E-Mail account.
14 Saving Clause
If individual parts of these Terms and Conditions of Business are invalid, they are deemed to be replaced by what is legally permissible and comes as close as possible to the original economic intention. In case individual regulations are invalid, this does not affect the continued validity of the remaining clauses.