General terms and conditions of business

These Terms and Conditions apply to

(1) the use of the service and access to this Application, and

(2) any other related agreement or legal relationship with the Provider

in a legally binding manner. Defined terms are listed in the corresponding section of this document.

Users are requested to read this information carefully.

This page is provided by:
MORE Cargobike GmbH
Bouchéstr. 12, Halle 20
12435 Berlin
Germany

Provider's email address: info@more-cargobike.de

Information about this page

MORE Cargobike GmbH operates this online shop.

The essentials at a glance

• Please note that certain provisions of these Terms and Conditions may only be applicable to specific categories of Users, for example only to consumers or only to Users who are not acting as consumers. Such limitations on the scope of application are expressly mentioned in each affected clause. If no such mention is made, the clause applies to all Users.

• The right of withdrawal only applies to European consumers.

---

TERMS OF USE

Unless otherwise stated, the terms and conditions listed in this section apply when accessing this Application.

Individual or additional conditions of use or access may apply under certain circumstances and, in such cases, are expressly indicated in this document.

By using the service, Users confirm that they meet the following requirements:

• Users can be consumers or business customers;

Account registration

To use the service, Users may sign up or create a User account, providing all required data or information in a complete and truthful manner.
The service can also be used without signing up or creating a User account. However, this may result in limited availability of certain features.

Users are responsible for keeping their access credentials confidential and secure. For this reason, Users must also choose a password that meets the highest security standards available through this Application.

By signing up, Users agree to be responsible for all activities that occur under their username and password.
Users are required to inform the Provider immediately and unequivocally via the contact details provided in this document if they believe their personal information, including User accounts, access credentials, or personal data, has been breached, unduly disclosed, or stolen.

Termination of User account

User accounts can be deleted at any time as follows:

• By directly contacting the Provider via the contact details provided in this document.

Suspension and deletion of User account

The Provider reserves the right to suspend or delete any User account at its own discretion and at any time without notice if it deems it inappropriate, offensive, or in violation of these Terms and Conditions.

The suspension or deletion of User accounts does not entitle the User to any claims for compensation, damages, or reimbursement.

The suspension or deletion of accounts for reasons attributable to the User does not exempt the User from the obligation to pay any applicable fees or prices.

Content available on this Application

Unless otherwise stated or clearly indicated, all content available on this Application is the property of the Provider or is provided by the Provider or its licensors.

The Provider makes every effort to ensure that the content provided on this Application does not infringe any applicable laws or third-party rights. However, it is not always possible to achieve this result.
In such cases, Users are requested to address their complaints preferably to the contact details provided in this document. This does not affect the right to enforce legal claims (in or out of court).

Rights regarding content available on this Application

All rights to the content are reserved by the Provider.

Users may use the content only to the extent necessary for the proper use of the service or as is—even implicitly—intended.

In particular, Users are not permitted to reproduce, download, distribute beyond the limits defined below, edit, translate, modify, reshape, publish, transmit to or for third parties, sell, or license the content, nor allow third parties—even without the User's knowledge—to perform the aforementioned acts using their own device.

Where expressly indicated on this Application, the User may download, reproduce, and/or distribute selected content available on this Application exclusively for personal and non-commercial purposes, provided that the copyright notices and any other notices required by the Provider are correctly applied.

Statutory limitations or exceptions remain unaffected.

Access to external resources

Users may, via this Application, access external resources provided by third parties. Users acknowledge and accept that the Provider has no control over such resources and is therefore not responsible for their content and availability.
The terms and conditions under which such third-party resources are made available and under which rights of use to such content may be granted are determined by the contractual provisions of each third party or, in their absence, by the applicable legal regulations.

Acceptable use

This Application and the service may only be used as intended and in accordance with these Terms and Conditions and the applicable legal regulations.

Users are solely responsible for ensuring that their access to this Application and/or their use of the service does not violate any legal regulations, ordinances, or third-party rights.

Therefore, the Provider reserves the right to take all appropriate measures to protect its legitimate interests, such as denying Users access to this Application or the service, terminating contracts, or reporting any behavior that occurs via this Application or the service to the competent authorities—such as judicial or administrative authorities—if Users are found or suspected to:

• violate legal regulations, ordinances, or these Terms and Conditions; or
• infringe third-party rights; or
• significantly impair the legitimate interests of the Provider; or
• offend the Provider or any third party.

TERMS OF SALE

Paid products

Some of the products available via this Application as part of the service are subject to payment.

Prices, durations, and other conditions applicable to the purchase of such products are described below. Otherwise, reference is made to this Application and the respective sections provided for this purpose.

Product description

Prices, descriptions, and availability of the products can be viewed in the corresponding areas of this Application and may be subject to change without notice.

Although products are presented on this Application with the greatest possible technical care, representations of any kind (including graphic forms, images, colors, sounds) serve only as a reference and do not constitute a guarantee regarding the properties of the acquired product.

The characteristics of the selected product are explained during the purchase process.

Purchase process

All steps from selecting a product to placing an order are part of the purchase process.
The purchase process consists of the following steps:

• The User selects the desired product from the assortment and, where applicable, specifies the desired quantity or properties so that the product appears in the product selection.
• Within the product selection, Users can review, change, remove, or add products and, if applicable, provide specific instructions (e.g., "send with a gift receipt").
• Users use the checkout button to be redirected to the checkout view.
• In the checkout view, Users must provide their contact details, billing and shipping address, and a shipping and payment method of their choice in successive steps.
• During the purchase process, Users can change or correct the provided information at any time, add a gift voucher, referral code, or discount code (coupon), or cancel the purchase process entirely without any consequences.
• After providing all required information, Users must carefully review their order and then confirm and submit it by using the corresponding button or mechanism on the service (this Application). By doing so, Users accept these Terms and Conditions and commit to paying the agreed purchase price.

Placing an order

When the User places an order, the following applies:

• The contract is concluded upon placing the order. Placing the order therefore creates an obligation for the User to pay the purchase price, taxes, and any further fees and expenses as indicated on the order page.
• If input is required from the User, such as personal information or data, specifications, or special requests, placing the order establishes an obligation for the User to provide such cooperation accordingly.
• After placing the order, Users will receive a confirmation of receipt.

All notifications related to the described purchase process will be sent to the email address provided by the User for this purpose.

Prices

Users are informed during the purchase process and before placing an order about all fees, taxes, and costs (including any shipping costs) that they are required to bear.

Prices are displayed on this Application as follows:

• either excluding or including all applicable fees, taxes, and costs, depending on which section the User is currently in.

Payment methods

Information on the accepted payment methods is provided during the purchase process.

Some payment methods may only be available under additional conditions or fees. In these cases, you can find the relevant information in the corresponding section of the service (this Application).

All payments are processed through third-party providers. Therefore, this Application does not collect payment information—such as credit card data—but only receives a notification when the payment has been successfully completed.

If the payment fails using the available methods or is refused by the payment service provider, the Provider is not obligated to fulfill the order. If a payment fails or is refused, the Provider reserves the right to claim any related costs or damages from the User.

Retention of title

The ordered products remain the property of the Provider until the full purchase price has been received by the Provider.

Delivery

Deliveries are made to the address provided by the User and in the manner specified in the order summary.

Upon delivery, the User must check the contents of the delivery and report any discrepancies immediately using the contact details provided in this document or as described on the delivery note. Users may refuse to accept the package in case of visible damage.

Goods are delivered to the following countries or territories: Germany.

This Application describes the corresponding delivery times, or alternatively, these may be specified during the purchase process.

For Users who are not acting as consumers, the following applies:

This Application describes in the corresponding section the terms and the period within which deliveries are made.

Unless otherwise stated, the User bears the shipping costs.

The risk of loss or damage to the goods is transferred to the User upon handover to the carrier.

"Click and collect"

Users can collect their purchase within the specified timeframe at one of the "collection points" listed by this Application in the corresponding section of the service.

Conditions for self-collection by the User

Upon prior arrangement with the Provider, the User may arrange for the timely collection of the purchased goods by a carrier of their choice at their own risk and expense.

Unsuccessful delivery

The Provider is not liable for delivery errors due to inaccuracies or incompleteness in the execution of the order by the User, nor for damages or delays after handover to the carrier, if the carrier was commissioned by the User.

If the goods have not been received at the specified time or collected within the specified period, the goods will be returned to the Provider. In that case, the Provider will contact the User to arrange a second delivery attempt or to discuss further steps.

Unless otherwise agreed, the User shall bear the costs for any further delivery attempt from the second attempt onwards.

For Users who are not acting as consumers, the following rules regarding unsuccessful deliveries apply. These replace the provisions mentioned above.

Unsuccessful delivery

Unless otherwise stated, the User bears the shipping costs.
The Provider is not liable for errors, delays (including cases where the User does not collect the goods within the time limit set by the Provider or the carrier), damage, or loss of the goods after handover to the carrier. If the goods are returned to the Provider due to an unsuccessful delivery attempt, the User bears the costs of the resulting storage. The User must also, after agreeing on reasonable collection times and conditions with the Provider, arrange for a new delivery attempt at their own expense.
Failure to do so entitles the Provider, at its own discretion, to withdraw from the contract or to arrange a new delivery at the User's expense.
In both cases, the Provider reserves the right to claim compensation for damages resulting from the unsuccessful delivery attempt.

User rights

Right of withdrawal

Unless exceptions apply, the User may withdraw from the contract within the period specified below (usually 14 days) without giving any reason. In this section, Users learn more about the withdrawal conditions.

Who the right of withdrawal applies to

Under EU law, European consumers have a statutory right of withdrawal for contracts concluded online (distance contracts). They may withdraw from the contract within the applicable period for their case for any reason and without justification. This right of withdrawal applies unless exceptions are listed below.

For Users who are not acting as European consumers, the rights set out in this section do not apply.

Exercising the right of withdrawal

To exercise their right of withdrawal, the User must transmit an unequivocal statement to the Provider expressing their decision to withdraw.

For this purpose, Users may use the model withdrawal form found in the "Definitions" section of this document. However, Users are free to express their decision to withdraw through any other clear, suitable statement. To meet the deadline for exercising this right, the User must transmit the withdrawal declaration before the expiry of the withdrawal period.

When does the withdrawal period expire?

• For the purchase of goods, the withdrawal period ends 14 days after the day on which the User or a third party designated by the User, other than the carrier, acquires physical possession of the goods.

• For the purchase of multiple goods in one order, which are then delivered separately, the withdrawal period ends 14 days after the day on which the User or a third party designated by the User, other than the carrier, acquires physical possession of the last good, the last batch, or the last part.

Effects of withdrawal

Users who properly withdraw from a contract will be refunded all payments made to the Provider, including delivery costs, if applicable.

However, the Provider is not obligated to refund additional costs if the user has chosen a type of delivery other than the least expensive standard delivery offered by the Provider.

The refund will be made without undue delay and, in any event, no later than 14 days from the day on which the Provider is informed of the user's decision to withdraw from the contract. The Provider will carry out the refund using the same means of payment as the user used for the initial transaction, unless expressly agreed otherwise with the user. In any event, the user will not incur any costs or fees as a result of the refund.

...for the purchase of goods

The user must send back or hand over the goods to the Provider or to a person authorized by the Provider to receive the goods, without undue delay and in any event no later than 14 days from the day on which the user communicated their decision to withdraw from the contract, unless the Provider has offered to collect the goods themselves.

The deadline is met if the user sends back the goods before the 14-day period has expired to the carrier or otherwise as specified above. The Provider may withhold the refund until they have received the goods back or until the user has supplied evidence of having sent back the goods, whichever is the earliest.

The user is liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics, and functioning of the goods.

The direct costs of returning the goods shall be borne by the user.

Warranties

Statutory guarantee under EU law

Under EU law, for a period of at least two years after delivery, traders are liable for the lack of conformity of the goods they sell. Traders must therefore ensure that the purchased goods have the promised or reasonably expected quality, functionality, or characteristics for at least two years after delivery to the buyer.

For users who act as European consumers, the statutory guarantee applies to goods available through this Application in accordance with the laws of the country of their habitual residence.

The national laws of these countries may grant the users more extensive rights.

For users who do not act as European consumers, the warranty rights of the country in which they have their habitual residence shall apply.

Statutory guarantee for used goods

The user acknowledges and accepts that the statutory guarantee for used goods is limited to 1 year from receipt of the goods.

Liability and indemnification

Indemnification

To the extent permitted by applicable law, the user agrees to indemnify and hold the Provider and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, and employees harmless from any claim or demand – including but not limited to legal fees and costs – made by any third party due to or in connection with any culpable use of or connection to the Service, any violation of these Terms, any infringement of third-party rights or statutory provisions by the user or their affiliates, officers, directors, agents, co-branders, partners, and employees.

Limitation of liability

Unless otherwise expressly stated and without prejudice to applicable statutory product liability provisions, users have no right to claim damages against the Provider (or any natural or legal person acting on its behalf).

This does not apply to damages resulting from injury to life, health, or physical integrity, or damages resulting from the breach of an essential contractual obligation (i.e., an obligation that is strictly necessary to achieve the purpose of the contract), and/or damages resulting from intent or gross negligence, provided that this Application has been used properly and correctly by the user.

Unless damages were caused by intent or gross negligence, or affect life, health, or physical integrity, the Provider shall only be liable for the amount of damages typical and foreseeable at the time of conclusion of the contract.

Regardless of the above, the following limitation applies to all users who are not acting as consumers:

In any case of liability, the compensation may not exceed the total payments that the Provider has received, is receiving, or would receive from the user under the contract over a period of 12 months, or the term of the contract if it is shorter than 12 months.

Users in Australia

Limitation of liability

Nothing in these Terms excludes, restricts, or modifies any guarantee, condition, warranty, right, or remedy which the user may have under the Competition and Consumer Act 2010 (Cth). The same applies to any similar, mandatory applicable State or Territory legislation which confers non-excludable rights. To the extent permitted by law, our liability to the user – including liability for breach of a non-excludable right and any other liability not excluded by these Terms – is limited, at the Provider's sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.

Users in the USA

Disclaimer of warranties

This Application is provided strictly on an "as is" and "as available" basis. Use of the Service is at the user’s own risk. To the maximum extent permitted by applicable law, the Provider expressly disclaims all conditions, representations, and warranties – whether express, implied, statutory, or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by the user from the Provider or through the Service will create any warranty not expressly stated herein.

Without limiting the foregoing, the Provider, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers, and employees do not warrant that the content is reliable, accurate, or correct; that the Service will meet the user’s requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at the user’s own risk and the user will be solely responsible for any damage to the user’s computer system or mobile device or loss of data that results from such download or the user’s use of the Service.

The Provider does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Provider will not be a party to or in any way monitor any transaction between the user and third-party providers of products or services.

The Service may become inaccessible or it may not function properly with the user’s web browser, mobile device, and/or operating system. The Provider cannot be held liable for any perceived or actual damages arising from content, operation, or use of this Service.

Federal law, some states, and other jurisdictions do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to users. This agreement gives users specific legal rights, and users may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.

Limitation of liability

• To the maximum extent permitted by applicable law, in no event shall the Provider and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees be liable for:

• any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and

• any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Service or the user’s account or the information contained therein;
• any errors, mistakes, or inaccuracies of content;
• personal injury or property damage, of any nature whatsoever, resulting from the user’s access to or use of the Service;
• any unauthorized access to or use of the Provider’s secure servers and/or any and all personal information stored therein;
• any interruption or cessation of transmission to or from the Service;
• any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
• any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
• the defamatory, offensive, or illegal conduct of any user or third party. In no event shall the Provider and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the amount paid by the user to the Provider hereunder in the preceding 12 months, or the period of duration of this agreement between the Provider and the user, whichever is shorter.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the Provider has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to the user. These Terms give the user specific legal rights, and the user may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under these Terms shall not apply to the extent prohibited by applicable law.

Indemnification

The user agrees to defend, indemnify, and hold the Provider and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from:

• the user’s use of and access to the Service, including any data or content transmitted or received by the user;
• the user’s violation of these Terms, including, but not limited to, the user’s breach of any of the representations and warranties set forth in these Terms;
• the user’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
• the user’s violation of any statutory law, rule, or regulation;
• any content that is submitted from the user’s account, including third party access with the user’s unique username, password, or other security measure, if applicable, including misleading, false, or inaccurate information;
• the user’s willful misconduct; or
• statutory provision by the user or its affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees to the extent allowed by applicable law.

Common provisions

No waiver

The Provider’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service interruption

To ensure the best possible service level, the Provider reserves the right to interrupt the Service for maintenance, system updates, or any other changes, informing the users appropriately.

Within the limits of the law, the Provider may also decide to suspend or terminate the Service entirely. If the Service is terminated, the Provider will cooperate with users to enable them to withdraw personal data or information in accordance with applicable law and will account for any claims for continued use and/or damages the users may have under applicable law.

Additionally, the Service might not be available due to reasons outside the Provider’s reasonable control, such as “force majeure” (e.g., infrastructure breakdowns, blackouts, etc.).

Resale

Users may not reproduce, duplicate, copy, sell, resell, or exploit any portion of this Application and of its Service without the Provider’s express prior written permission, granted either directly or through a legitimate reseller program.

Privacy policy

To learn more about the use of their personal data, users may refer to the privacy policy of this Application.

Intellectual property rights

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights, and design rights related to this Application are the exclusive property of the Provider or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks – nominal or figurative – and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Application are, and remain, the exclusive property of the Provider or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

Changes to these Terms

The Provider reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Provider will appropriately inform the user of these changes.

Such changes will only affect the relationship with the user for the future.

Continued use of the Service signifies the user’s acceptance of the updated Terms. If users do not wish to be bound by the changes, they must stop using the Service and may terminate the Agreement.

If the revised Terms are not accepted, either party may terminate the Agreement. The applicable previous version will govern the relationship until the user’s acceptance of the changes. The user can obtain any previous version from the Provider.

If required by applicable law, the Provider will specify the date by which the modified Terms will enter into force.

Assignment of contract

The Provider reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the user’s legitimate interests into account.
Provisions regarding changes of these Terms will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Provider.

Contacts

All communications relating to the use of this Application must be sent using the contact information stated in this document.

Severability

Should any provision of these Terms be or become invalid or unenforceable under applicable law, the validity of the remaining provisions shall not be affected, and they shall remain in full force and effect.

US Users

Any such invalid or unenforceable provision will be interpreted and amended to the extent necessary to make it valid, enforceable, and consistent with its original purpose. These Terms constitute the entire agreement between users and the Provider regarding the subject matter hereof and supersede all other communications between the parties concerning such subject matter, including any prior agreements.
These Terms shall be enforced to the fullest extent permitted by law.

EU Users

Should any provision of these Terms be or be deemed invalid, void, or unenforceable, the parties will do their best to reach an amicable agreement on valid and enforceable provisions to replace the invalid, void, or unenforceable parts.
Otherwise, the invalid, void, or unenforceable provisions shall be replaced by the applicable statutory provisions, provided that this is permitted or provided for under the applicable law.

Notwithstanding the above, the invalidity, voidness, or unenforceability of individual provisions of these Terms shall not result in the invalidity of the entire agreement, unless the provisions in question are essential to the contract or are of such importance that the parties would not have concluded the contract had they known of the invalidity of the provision. If the remaining conditions would lead to an unreasonable hardship for one of the parties, the invalidity of the individual provision shall result in the invalidity of the entire agreement.

Governing Law

These Terms are governed by the law of the place where the Provider is based, as disclosed in the relevant section of this document, without regard to conflict of law principles.

Precedence of national law

However, if the law of the country where the user is located provides a higher standard of consumer protection, that higher standard shall apply.

Venue of jurisdiction

The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Provider is based, as displayed in the relevant section of this document.

Exception for European Consumers

This does not apply to users acting as European consumers, nor to users in the United Kingdom, Switzerland, Norway, or Iceland acting as consumers.

Dispute resolution

Amicable dispute resolution

Users can bring any disputes to the Provider who will try to resolve them amicably.

The user's right to take legal action shall always remain unaffected. In the event of any controversy regarding the use of the Service or the Service itself, the user is invited to contact the Provider at the contact details provided in this document.

The user can submit the complaint including a brief description and, if applicable, the details of the related order, purchase, or account to the Provider's email address specified in this document.

The Provider will process the request without undue delay and within 7 days of receipt.

Online dispute resolution for consumers

The European Commission has established an online platform for alternative dispute resolution, providing an out-of-court method for solving any dispute related to and stemming from online sale and service contracts.

As a result, consumers in the EU, Norway, Iceland, or Liechtenstein can use this platform for resolving disputes arising from contracts concluded online. The platform is available at the following link.