ADEN POWERKIT GO Instruksi dan Manual Perakitan - Halaman 15
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Halaman CetakPOWERKIT GO — ASSEMBLY INSTRUCTIONS
Terms and Conditions
Art. 1 Scope and contractual basis
These general terms and conditions apply to all services and deliveries only to consumers
within the meaning of § 13 BGB. All agreements made between you and us in connection
with the contract result in particular from these conditions of sale, our written order
confirmation and our declaration of acceptance. Our offers are non-binding. We can accept
contract offers within a period of 2 weeks. Illustrations and drawings contained in our
brochures, advertisements and on our website are only approximate unless the information
contained therein has been expressly designated as binding by us.
Art. 2 Prices, terms of payment, default, offsetting, right of retention
Unless otherwise stated in the order confirmation, all prices apply ex warehouse or factory
including the applicable VAT, excluding packaging, freight, insurance, customs duties,
foreign taxes, assembly, commissioning, etc. Other services are charged separately by
agreement. Payment must be made in cash, by bank transfer or PayPal before the goods
are handed over / dispatched. The seller bears the fees incurred for payment via PayPal.
Payment orders, checks or bills of exchange are only accepted by special agreement and
only on account of performance. If a payment term has been set for the customer's
performance, he will be in default without a reminder if he does not pay at the specified time.
The customer is in default even without a reminder if he does not pay within 30 days of
receiving an invoice or an equivalent request for payment. While the customer is in default,
we are entitled to charge default interest at a rate of 5 percentage points above the
respective base rate of the European Central Bank (ECB). In this respect, we reserve the
right to prove higher damage and to assert this. However, the customer is entitled to prove
to us that we did not suffer any damage or significantly less damage as a result of the delay
in payment. Our claims can only be offset against recognized, undisputed or legally
established claims, as well as claims from notices of defects or counterclaims from the same
sales contract. The buyer is only authorized to exercise a right of retention insofar as his
claim is based on the same contractual relationship.
Art. 3 Delivery time, agreement on delivery, right of withdrawal, default
The surrender of the goods depends on the previous full payment of the purchase price.Our
delivery dates or delivery deadlines are exclusively non-binding information, unless these
have been expressly agreed as binding between you and us. Four weeks after a non-
binding delivery date or a non-binding delivery period has been exceeded, the buyer can
request us in writing to deliver within a reasonable period. If we culpably fail to comply with a
delivery date expressly agreed as binding or a delivery period expressly agreed as binding,
or if we are in default for any other reason, the buyer must set us a reasonable grace period
in order to effect our performance. Part deliveries are permissible as long as they are
reasonable. If the delivery of the goods has been agreed with the buyer, the goods will be
dispatched by a carrier of our choice after receipt of the purchase price payment and all
agreed costs and fees including transport costs. The transport costs result from the costs of
the delivery service / carrier. If the customer so wishes, we will cover the delivery with
transport insurance. The customer bears the costs incurred. Unless otherwise agreed, we
are not responsible for delays in delivery due to force majeure or other circumstances for
which we are not responsible, in particular traffic and operational disruptions, strikes,
lockouts, shortages of raw materials. If, due to the circumstances mentioned, we cannot
deliver within the agreed delivery time, the delivery time will be extended accordingly. If
there is an obstacle to delivery for which we are not responsible, in particular within the
meaning of Article 3 Clause 8 a., About which under Article 3 Clause 8 b. If the extended
delivery period mentioned above, we are entitled to withdraw from the contract. We are
entitled to withdraw from the contract in the event of incorrect delivery by third parties. In the
cases of our right of withdrawal according to c. and d. we undertake to inform the
contractual partner immediately about the unavailability of the service and to immediately
reimburse any consideration already provided.
Art. 4 Transfer of risk
Unless otherwise stated in the order confirmation, delivery "ex works" is agreed. If pick-up is
agreed, the calculation or notification of readiness for dispatch is equivalent to dispatch.
Such goods are stored for the account and risk of the customer. Insurance is only provided
upon express request
Art. 5 Claims for defects
The buyer's claims for defects for new items expire in two years, the buyer's claims for
defects for used items lapse in one year.
The regulations under 1. do not apply to claims for damages due to injury to life, limb or
health or due to a grossly negligent or willful breach of duty by us or our vicarious agents.
The subsequent performance takes place at the option of the buyer by eliminating
ADEN GmbH
TERMSAND CONDITIONS
the defect (repair) or by delivering new goods. A reasonable period of time for subsequent
performance on the part of the buyer must be granted. During the supplementary
performance, the buyer is not entitled to reduce the purchase price or to withdraw from the
contract. If the repair has been tried twice in vain, it is considered to have failed. If the
supplementary performance has failed, the buyer is entitled to choose either to reduce the
purchase price or to withdraw from the contract. Claims for damages due to a defect can
only be asserted if the supplementary performance has failed. The assertion of further claims
for damages in accordance with Art. 6 remains unaffected.
Art. 6 Liability for damages
In the case of our liability for damages, the following applies:
If the claims are based on an intentional or grossly negligent breach of duty by us, our
representatives or our vicarious agents, we are liable for compensation in accordance with
the statutory provisions.
If we are in default or we as well as our representatives or vicarious agents have culpably
violated an essential contractual obligation, i.e. an obligation the fulfillment of which enables
the proper execution of the contract in the first place and on which the contractual partner
can regularly rely on compliance, and no case of liability according to the statutory provisions
within the meaning of letter a. is present, liability is limited to the foreseeable, typically
occurring damage.
So far below a. and b. nothing else is determined, our liability for damages is excluded.
The exclusions and limitations of liability under item 1 apply not only to contractual, but also
to other, in particular tort claims. They also apply to claims for reimbursement of wasted
expenses in lieu of performance.
The exclusions and limitations of liability under Item 1 do not apply to any existing claims
pursuant to Sections 1, 4 of the Product Liability Act or due to culpable injury to life, limb or
health.
Insofar as our liability is excluded or limited, this also applies to the personal liability of our
employees, workers, employees, representatives and vicarious agents.
Art. 7 No approval for road traffic; Disclaimer of liability
Our electric retrofit kits for bicycles are NOT approved for road traffic. We would like to point
out that the bicycles equipped with our electric retrofit kits may only be used on areas where
the StVO does not apply. In the event of claims arising from a violation of road traffic
regulations (e.g. StVG, StVO, vehicle registration regulations, etc.), liability on our part is
excluded. This does not apply in the case of Art. 6 Paragraph 1a, 3. This excludes the
Powerkit Go, which complies with the rules for STVO conformity in Germany.
Art. 8 Additional and deviating regulations for international contracts
If the buyer is domiciled outside of the Federal Republic of Germany, the following
regulations apply: We are not liable for the admissibility of the use of the delivered item as
required by the contract according to the regulations of the recipient country. We are also not
liable for any taxes incurred there. We are not liable for delivery obstacles caused by
government measures, in particular import or export restrictions.
Art. 9 Securing retention of title
The ownership of the delivered goods remains reserved until all payments from the contract
have been received, and in the case of an ongoing business relationship until all payments
from this have been received. This also applies if our claims have been included in a current
invoice and the balance has been drawn and recognized, as well as for future claims. The
buyer is obliged to treat the delivered goods with care, in particular to store them properly. In
the event of seizures and other interventions by third parties, the buyer must immediately
notify us in writing in order to safeguard our rights (e.g. lawsuit from § 771 ZPO). If the third
party is unable to reimburse us for the judicial or extrajudicial costs of a lawsuit in
accordance with § 771 ZPO, the buyer is liable for the loss we incur.
Art. 10 Applicable law, place of performance, place of jurisdiction
This contract is governed by the law of the Federal Republic of Germany. For contracts with
foreigners who do not have a domestic or EU place of jurisdiction at the time of the action,
the place of jurisdiction is D-73271 Holzmaden. However, we reserve the right to sue at the
buyer's registered office.
Art. 11 Severability clause
Should a provision of this contract be or become ineffective, this shall not affect the
effectiveness of the other provisions of this contract.
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