General Terms and Conditions (GTC) of SW-MOTECH GmbH & Co. KG for online sales of bags

1. Scope and definitions

(1) These General Terms and Conditions (GTC) apply to all orders placed by consumers (§ 13 BGB) via the online shop of

SW-MOTECH GmbH & Co. KG, Ernteweg 7–10, 35282 Rauschenberg, Germany, registered in the commercial register of the Marburg Local Court under HRA 4187, represented by BAGS-CONNECTION Verwaltungs GmbH, HRB 5067, – hereinafter referred to as “SW-MOTECH” –.

(2) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.

2. Conclusion of contract

(1) The presentation of the products in the online shop does not constitute a legally binding offer, but rather an invitation to place an order.

(2) The customer can select products from the range and collect them in a virtual shopping cart by clicking on the “Add to cart” button. By clicking on the “Buy now” button, the customer submits a binding offer to purchase the goods in the shopping cart.

(3) After submitting the order, the customer will receive an automatic order confirmation by email. This confirmation merely documents the receipt of the order and does not constitute acceptance of the offer. The purchase contract is only concluded when SW-MOTECH confirms the dispatch of the goods by email (dispatch confirmation) or delivers the goods.

(4) The contract text is stored by SW-MOTECH in compliance with data protection regulations.

(5) The contract is concluded exclusively in German.

3. Delivery and availability

(1) Deliveries are only made within Germany and Austria.

(2) Unless otherwise stated on the product page, the delivery time is 3 to 7 working days from receipt of payment.

(3) If an ordered item is not available, the customer will be informed immediately. If the goods are permanently unavailable, the contract offer will not be accepted.

(4) SW-MOTECH only delivers to addresses that can be regularly reached by delivery vehicles.

4. Retention of title

The delivered goods remain the property of VIA until full payment has been received.

5. Prices and shipping costs

(1) All prices are quoted in euros and include statutory value added tax.

(2) In addition to the prices quoted, SW-MOTECH charges shipping costs. These are displayed to the customer during the ordering process.

(3) Orders over €50.00 are delivered free of charge (applies only to standard shipping within Germany).

(4) Shipping is carried out by parcel service. VIA bears the shipping risk if the customer is a consumer.

(5) In the event of cancellation, the customer bears the direct costs of the return shipment.

6. Terms of payment

(1) The customer can choose between the following payment methods:

- Prepayment

- PayPal

(2) The purchase price is due immediately upon conclusion of the contract.

(3) If the customer defaults on payment, the statutory default interest of 5 percentage points above the base rate shall apply.

7. Warranty

(1) The statutory liability rights for defects pursuant to §§ 434 ff. BGB (German Civil Code) apply to the goods.

(2) An additional warranty only exists if it is expressly stated on the product page.

8. Liability

(1) Claims for damages by the customer are excluded, unless otherwise specified below.

(2) Excluded from the exclusion of liability are claims for damages by the customer

- arising from injury to life, limb, or health,

- arising from the breach of essential contractual obligations (cardinal obligations),

- as well as claims arising from intentional or grossly negligent breach of duty by SW-MOTECH or its vicarious agents.

(3) In the event of a slightly negligent breach of essential contractual obligations, liability shall be limited to the foreseeable damage typical for this type of contract.

(4) The provisions of the Product Liability Act remain unaffected.

9. Cancellation policy

Right of cancellation

You have the right to cancel this contract within fourteen days without giving any reason.

The cancellation period is fourteen days from the day

- on which you or a third party named by you, who is not the carrier, took possession of the goods.

To exercise your right of withdrawal, you must inform us

SW-MOTECH GmbH & Co. KG, Ernteweg 7–10, 35282 Rauschenberg

Email: info@via-cargobike.com

by means of a clear statement (e.g. by mail or email) of your decision to withdraw from this contract.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the deadline expires.

Consequences of withdrawal

If you withdraw from this contract, we will refund all payments, including delivery costs (with the exception of additional costs resulting from a delivery other than the standard delivery offered), within fourteen days of receiving your withdrawal at the latest.

We may refuse to refund until we have received the goods back or you have provided proof of return.

You must return the goods to us within fourteen days of withdrawal.

You shall bear the direct costs of returning the goods.

10. Online dispute resolution

The EU Commission provides a platform for online dispute resolution (ODR):

https://ec.europa.eu/consumers/odr/

VIA is not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board.

11. Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection regulations of the country in which the customer has their habitual residence remain unaffected.

(2) Should any provision of these General Terms and Conditions be invalid, the validity of the remaining provisions shall remain unaffected.