General Terms and Conditions

General Terms and Conditions

of e-bility GmbH, represented by the managing directors Patrik Tykesson, Daniel Tykesson and Philipp Tykesson, Dieselstraße 28, D-53424 Remagen, registered at the district court Koblenz under HRB 22067, VAT identification no.: DE270887263, hereinafter referred to as “e-bility GmbH” or “we”,

Telephone: +49 (0) 2642 999 800

E-mail: Info@ebility.de

 

1. Scope

These General Terms and Conditions apply to all declarations of intent, contracts and legal or similar acts of e-bility GmbH with its customers.

Only the T&C in their current version at the time of the order apply.

These T&C contain regulations that apply only to consumers, and also regulations that apply only to entrepreneurs.

A consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to their commercial nor to their self-employed professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

These T&C shall also apply to future business relations with entrepreneurs without our having to refer to them again. If the entrepreneur uses conflicting or supplementary General Terms and Conditions, their validity is hereby refuted; they only become part of the contract if we have expressly agreed to this.

2. Contractual partner, conclusion of contract

The seller at the conclusion of purchase contracts is e-bility GmbH.

Our offers contained in brochures, advertisements and other advertising material and pricing information in the online shop are subject to change and non-binding.

You can select articles from our range and collect them in a so-called shopping basket by clicking on the “Add to shopping basket” button. Before submitting the order you can change and view the details at any time. Only when you click on the button “submit order” do you make a binding offer to purchase the goods in the shopping basket and you agree to the validity of these terms and conditions by ticking the box “I have read and accepted the terms and conditions”. You can change and view the details at any time before submitting the order.

An order confirmation is sent automatically by e-mail after the order has been submitted; this documents that we have received your order, but does not yet represent an acceptance of your offer by us.

A contract is only concluded when we issue a declaration of acceptance, which we will send to you by separate e-mail, at the latest, however, upon dispatch of the order.

If goods ordered are not available at the time of the order, we reserve the right to not accept the order of the goods, so that no contract is concluded. We will inform you about this separately. In this case, payments already made will be immediately refunded to you.

The contract is concluded in German.

3. Contract text storage

The text of the contract is stored in compliance with data protection laws. The text of the contract and these T&C including the Cancellation Policy can be found again in the order confirmation, which we will send to you by e-mail after your order when we confirm acceptance of the contract. You can save these and print them out using the “print” function.

4. Configurable goods

The regulations in sections 2 and 3 of these T&C apply accordingly if you have configured and ordered goods in the online shop according to your wishes and these have yet to be produced by us according to your wishes stated in the configurator (hereinafter also referred to as: “Configured Goods”).

5. Delivery conditions

The product prices indicated do not include the delivery costs. Please see the offers for further information on the delivery costs.

In principle, we ship accessories for our Kumpan electric scooters to an address in Germany of your choice and select the appropriate shipping method and transport company at our reasonable discretion.

To receive your Kumpan electric scooter you can choose between:

Shipping by us to an address in Germany of your choice.

Collection from one of our Kumpan dealers during the regular business hours of our Kumpan dealers. Please inform us at least seven days before your collection from our specialist dealer so that we can ensure that your goods can be made available accordingly.

Collection by you from the Kumpan showroom, Dieselstr. 28, D-53424 Remagen, during the business hours indicated: Monday to Friday from 8 am to 5 pm, except public holidays. Please inform us at least seven days before your collection so that we can make the goods available for you.

Delivery times stated by us for the dispatch of the goods from the online shop are valid from the time of our order confirmation, if payment of the purchase price has been received by us beforehand.

Once an agreed delivery date or delivery period has been exceeded, you can demand in writing (or in text form) that we deliver within a reasonable grace period. If we culpably allow this grace period to expire fruitlessly, you are entitled to withdraw from the purchase contract.

Configured goods will be sent to you after the time specified in the order and notification by us in text form (by post or e-mail).

If the order is being delivered to a Kumpan dealer of your choice or collected from the Kumpan showroom, we will notify you in writing (also by post or e-mail) as soon as the order is ready for collection. The order must then be collected within 10 days of receipt of the notification. You must present the invoice for collection. If the order is not collected after 10 days from receipt of the first notification of collection, we reserve the right to withdraw from the purchase contract to minimize storage costs. In this case, you will receive a credit note for the purchase price paid in the form of the original payment, unless you have financed the purchase price via a payment service. In the latter case, the reverse transaction shall take place directly with the payment service used.

The date on which we hand over the goods to the shipping company or notify you in accordance with Section 5.7 Sentence 1 of these T&C shall be decisive for compliance with the dispatch date.

Even if goods are marked as “in stock” on the order form, we are entitled to sell off these goods at any time if

the limited availability of the goods was indicated on the order form or

your advance payment is not received by us within a period of five working days after our acceptance of the offer. In these cases, we will only ship within the agreed period or the period indicated by us while stocks last.

If no delivery period is specified or otherwise agreed or if we are no longer obliged to comply with an agreed delivery period due to the sell-off permitted under Section 5.9 of these T&C, dispatch within four weeks from the start of the delivery period applicable under Section 5 of these T&C shall be deemed agreed.

We are only responsible for the timely and proper handover of the goods to the carrier and are not responsible for delays caused by the carrier. If the goods are dispatched by our own persons, we are responsible for their culpability. A delivery time stated by us is therefore not binding. However, if we have assumed familiarisation or assembly work at your location, we owe the timely completion of this work and the handover to you on the contractually agreed date.

If you are a consumer, the risk of accidental destruction, accidental damage or accidental loss of the delivered goods shall pass to you at the time when the goods are delivered to you or you are in default of acceptance. In all other cases, the risk passes to you when the goods are handed over to the transport company, provided that we are only responsible for the shipment; in the case of shipment by our own persons, we are responsible for their culpability. If we have assumed familiarisation and assembly work at your location, however, the risk passes with the completion of this work and its handover to you.

The delivery of our goods is always insured at our expense.

We do not deliver to Packstations.

6. Retention of title

We retain the title to the goods until payment has been made full.

The following additionally applies to entrepreneurs: We retain the title to the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale in the amount of the invoice amount, regardless of whether the reserved goods are mixed or combined with a new item, and we accept this assignment. You remain authorised to collect the claims, but we may also collect the claims ourselves if you do not meet your payment obligations.

7. Payment

You can categorically pay for goods and services in advance in the online shop. In addition, it is generally possible to finance the goods via a payment service provider used by us.

Advance payment

If you choose to pay in advance, we will provide you with our bank details in a separate e-mail and deliver the goods after receipt of payment.

Instalment purchase

In cooperation with the online service provider CreditPlus Bank AG, we offer you the option of instalment purchase. This is subject to a successful address verification and credit check. In addition to our T&C, the T&C and the Privacy Policy of CreditPlus Bank AG apply to payment processing. Further information and the complete T&C of CreditPlus Bank AG for instalment purchase can be found here: https://www.creditplus.de/service/kreditbedingungen-creditplus/

Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of payment is determined according to the calendar, you will already be in default if you miss the deadline. In this case, if you are a consumer, you must pay us default interest in the amount of 5 percentage points above the base interest rate. If you are an entrepreneur, you must pay us default interest in the amount of 9 percentage points above the base interest rate.

Your obligation to pay default interest does not preclude our assertion of further damages caused by default.

You may only offset your own claims against our claims if the counterclaims are undisputed or have been determined by a court of law. You can only withhold performances owed by you because of justified counterclaims arising from the same contractual relationship.

8. Warranty

The statutory provisions shall apply to your rights in the event of defects, unless otherwise specified below. If the delivered goods are affected by a material defect, you can first demand the removal of the defect or delivery of defect-free goods from us. If you are an entrepreneur, we can choose between remedying the defect or delivering a defect-free item; we will notify you of this choice in text form (also by post or e-mail) within three working days after receipt of the notification of the defect. We can refuse the type of supplementary performance chosen by you if this is only possible with disproportionate costs.

If the subsequent performance according to Section 8.1 of these T&C fails or is unreasonable for you or we refuse the subsequent performance, you are entitled to withdraw from the purchase contract, to reduce the purchase price or to claim damages or reimbursement of your futile expenses in accordance with the applicable law. The special provisions of Section 9 of these T&C also apply to your claims for damages.

The following applies only towards entrepreneurs: You must carefully inspect the goods immediately after receipt. The delivered goods shall be deemed to have been accepted by you if a defect is not (i) communicated to us within one week after delivery in the case of obvious defects or (ii) otherwise within one week after discovery of the defect.

An additional guarantee exists for the goods delivered by us only if this was expressly stated in the order confirmation for the respective article.

9. Liability

We are liable for your claims for damages arising from injury to life, limb or health or from the violation of essential contractual obligations (obligation, the fulfilment of which is essential for the proper performance of the contract and on whose compliance the contractual partner regularly relies and may rely) as well as for other damages based on an intentional or grossly negligent breach of duty by us, our legal representatives or vicarious agents or on a guarantee assumed by us. In all other respects, your claims for damages are precluded.

In the event of a breach of essential contractual obligations, we shall only be liable for the foreseeable damage typical for the contract if this was caused by ordinary negligence, unless it concerns your claims for damages arising from injury to life, limb or health.

The limitations of Sections 9.1 and 9.2 of these T&C also apply in favour of our legal representatives and vicarious agents if claims are asserted directly against them.

Our liability towards entrepreneurs due to default of delivery is limited to an amount of 5% of the respective purchase price (including VAT), except in the case of intent or gross negligence.

The provisions of the Product Liability Act remain unaffected.

If you are a consumer, the general limitation period for your claims arising from material defects and defects of title is two years from delivery, notwithstanding Section 438 (1.3) BGB [German Civil Code]. If you are an entrepreneur, the general limitation period for your claims arising from material defects and defects of title is one year from delivery, notwithstanding Section 438 (1.3) BGB [German Civil Code]. Insofar as an acceptance has been agreed, the limitation period in the above cases of this section of the T&C begins with the acceptance.

This shall not affect any mandatory statutory special regulations on limitation and your claims for damages pursuant to Section 9.1 of these T&C and the Product Liability Act, the limitation period of which shall be determined exclusively by the statutory limitation periods.

10. Dispute resolution

The European Commission provides an online dispute resolution (OS) platform, which is available at http://ec.europa.eu/consumers/odr/. Consumers have the option to use this platform to settle their disputes.

We are neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration body.

11.Cancellation policy

Consumers have a statutory right of revocation when concluding a distance selling transaction, about which we will inform you below in accordance with the legal model. The exceptions to the right of cancellation are regulated in paragraph (2). Paragraph (3) contains a model cancellation form

11.2 Cancellation policy

Revocation right

You have the right to revoke this contract within fourteen days without providing reasons.

The revocation period is 14 days from the day on which you, or a third party named by you who is not the conveyor, have or has taken possession of the goods.

In order to exercise your right of revocation, you must inform us (our contact details can be found above before Section 1) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You can use the enclosed sample revocation form, which is however not mandatory.

To comply with the revocation period it is sufficient if you send the revocation notice before the revocation period has expired.

 

Consequences of the cancellation

If you cancel this contract, we must refund you all payments we have received from you, including the delivery costs (excluding the additional costs resulting from you selecting a delivery method other than the cheapest standard delivery offered by us) without delay and at the latest within fourteen days from the day on which we received your revocation notice. For this refund we use the same payment method used by you in the original transaction, unless something different was expressly agreed with you; under no circumstances will we charge you any fees for this refund.

We can reject the refund until we have received the returned goods or until you have provided evidence that you have returned the goods, depending on which is earliest.

You must send back or hand over the goods to us immediately and in any case at the latest within fourteen days of the day on which you inform us of the revocation of this contract. The period has been complied with if you send the goods before the end of the fourteen-day period.

You only have to pay for any loss in value of the goods if this loss in value is the result of handling the goods in a way that is not required to assess the condition, characteristics and functionality of the goods.

The right to revocation does not apply to contracts for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.

 

11.3    Model Cancellation Form

In accordance with the statutory provisions, we provide information on the model cancellation form as follows:

(If you would like to revoke the contract, please complete this form and return it to us.)

 

I/we (*) hereby revoke 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 if notice is sent on paper)
  • Date

(*) Delete as applicable

12. Schlussbestimmungen

These T&C and the entire contractual relationship between you and us shall be governed by the law of the Federal Republic of Germany under exclusion of the UN Sales Convention. The statutory provisions limiting the choice of law and the applicability of mandatory provisions, in particular those of the country in which you as a consumer have your habitual residence, remain unaffected. If you are a merchant, a legal entity under public law or a special fund under public law, or if you are domiciled or habitually resident abroad, our registered office shall be the exclusive, including international, place of jurisdiction for all disputes arising from contractual relationships between you and us. However, in all cases we are also entitled to bring an action at the place of performance of the delivery obligation in accordance with these T&C or a prior individual agreement or at your general place of jurisdiction. Overriding statutory provisions, in particular regarding exclusive responsibilities, remain unaffected. If individual provisions of these T&C are invalid, this shall not affect the validity of the remaining provisions. You and we will endeavour to replace the invalid provision with a provision that most closely meets the legal and economic objectives of the contract.

Europäischer Fonds für regionale Entwicklung