General terms and conditions of business

These Terms and Conditions apply to

  • the use of the Service and access to this Application, and
  • any other related agreement or legal relationship with the provider

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


Users are requested to read this document carefully.

This site is offered by:

MORE Cargobike GmbH
Bouchéstr. 12, Hall 20
12435 Berlin
Germany

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

Information about this site

MORE Cargobike operates this online shop.

Key facts at a glance

  • It should be noted that individual provisions of these Terms and Conditions may only be relevant to certain categories of users, for example only to consumers or only to users who do not act as consumers. Such restrictions on the scope of application are expressly referred to in each affected clause. If such a notice is missing, the clause applies to all users.
  • The right of withdrawal is only available to European consumers.

TERMS OF USE

Unless otherwise stated, the terms and conditions set out in this section apply when you access this Application.

Individual or additional terms of use or access may apply in certain circumstances and in such cases will be expressly identified herein.

By using the service, users confirm that they meet the following conditions:

  • Users can be consumers or business customers;

Account creation

To use the service, users can register or create a user account by providing all required data or information completely and truthfully.
The service can also be used without registering or creating a user account. However, this may lead to limited availability of certain functions.

The user must ensure that the access data is kept confidential and secure. For this reason, the user must also choose a password that meets the highest security requirements possible via this application.

When registering, users agree to be responsible for all actions taken in connection with their username and password.
Users are obliged to immediately and unequivocally inform the Provider using the contact details provided in this document if they believe that their personal information, including user accounts, access data or personal data, has been breached, unlawfully disclosed or stolen.

Termination of the user account

User accounts can be deleted at any time as follows:

  • By contacting the provider directly using the contact details provided in this document.

Blocking and deletion of the user account

The Provider reserves the right, at its sole discretion, to block or delete user accounts that it considers to be inappropriate or offensive or that in its opinion violate these Terms and Conditions at any time and without prior notice.

Due to the blocking or deletion of user accounts, the user does not incur any claims for damages, indemnity or reimbursement.

The blocking or deletion of accounts for reasons for which the user is responsible does not release the user from the obligation to pay agreed fees or prices.

Content available through this application

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

The provider makes every effort to ensure that the content provided via this application does not violate applicable legal regulations or the rights of third parties. However, it is not always possible to achieve this result.
In such cases, users are requested to preferably address their complaint to the contact details provided in this document. The right to enforce any claims (out of) court remains unaffected.

Rights to the content available through this application

All rights to the content are reserved by the provider.

Users may only use the content to the extent that this is necessary or - even implicitly - intended for the proper use of the service.

In particular, users are not permitted to reproduce, download, distribute beyond the limits defined below, edit, translate, change, redesign, publish, transfer to or to third parties, sell or license the content , as well as to enable third parties to carry out the above-mentioned actions via their own device - even without the user's knowledge.

To the extent that this is expressly indicated via this application, the user may download, reproduce and/or distribute selected content available via this application for exclusively personal and non-commercial purposes, provided that the copyright notices and any other notices required by the provider are correctly attached.

Legal restrictions or exceptions remain unaffected.

Access to external resources

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

Permitted Use

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

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

Therefore, the provider reserves the right to take all appropriate measures to protect its legitimate interests, such as: B. deny users access to this application or the service, terminate contracts, report objectionable actions taking place via this application or the service to the relevant authorities - such as judicial or administrative authorities - if users can demonstrably or presumably:

  • violate any statutory provisions, regulations or these Terms and Conditions; or
  • violate the rights of third parties; or
  • significantly impair the legitimate interests of the provider; or
  • insult the provider or a third party.

TERMS OF SALE

Paid products

Some of the products available through this Application as part of the Service are subject to payment.

Prices, terms and other terms and conditions applicable to the purchase of such products are described below. Otherwise, reference is made to this application and the relevant sections.

Product description

Prices, descriptions and availability of products are available in the relevant areas of this Application and are subject to change without notice.

Although products on this application are presented with the greatest possible technical care, representations of any kind (including graphical representations, images, colors, sounds) are for reference only and do not constitute a guarantee regarding the characteristics of the purchased product.

The features of the selected product will be explained during the purchase process.

Purchase process

All steps from selecting a product to placing the order are part of the purchasing process.
The purchasing process includes the following steps:

  • The user selects the desired product from the range and, where provided, enters 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 provided, 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 enter their contact details, billing and delivery address as well as a shipping and payment method of their choice in successive steps.
  • During the purchase process, users can change or correct the information provided at any time, add a gift voucher, referral code or discount code (coupon), or cancel the purchase process entirely without consequences.
  • After providing all the required information, Users must carefully review their order and then confirm and submit it using the appropriate button or mechanism on the Service (this Application). The users thereby accept these terms and conditions and undertake to pay the agreed purchase price.

Placing the order

When the user places an order, the following applies:

  • The contract is concluded when the order is placed. Placing the order therefore creates an obligation for the user to pay the purchase price, taxes and any other fees and expenses in accordance with the information on the order page.
  • If information is required from the user, such as personal information or data, specifications or special requests, placing the order constitutes an obligation on the part of the user to cooperate accordingly.
  • After placing the order, users receive a confirmation of receipt.

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

Prices

Users will be informed of all fees, taxes and costs (including any shipping costs) they will be responsible for during the purchase process and before placing the order.

The prices are displayed through this application as follows:

  • either exclusive or inclusive of all applicable fees, taxes and costs, depending on which section the user is currently in.

Payment methods

Information about accepted payment methods will be provided during the purchase process.

Some payment methods may only be available subject to additional terms or fees. In these cases you will find the relevant information in the relevant 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 details - but only receives a notification when the payment is successfully completed.

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

Retention of title

The ordered products only become the property of the user upon receipt of payment of the entire purchase price by the provider.

Delivery

Deliveries are made to the address specified by the user and in the manner specified in the order overview.

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 in the delivery note. Users can refuse to accept the package if there is visible damage.

The goods are delivered to the following countries or territories: Germany.

This application describes the relevant delivery times, or alternatively these can be set during the purchase process.

For users who do not act as consumers, the following applies:

This application describes in the relevant section the conditions and period during which deliveries are made.

Unless otherwise stated, the user bears the shipping costs.

The risk of loss or damage to the goods passes to the user upon handover to the carrier.

“Click and collect”

Users may collect their purchase within the specified period at one of the "Collection Points" listed by this Application in the relevant section of the Service.

Conditions for collection by the user

After prior agreement with the provider, the user can arrange for the purchased goods to be picked up in a timely manner at their own risk and expense by a carrier of their choice.

Unsuccessful delivery

The provider is not liable for delivery errors due to inaccuracies or incompleteness when the order is carried out by the user, nor for damages or delays after handover to the carrier if the latter 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 this case, the provider will contact the user to arrange a second delivery attempt or to discuss how to proceed.

Unless otherwise agreed, the user bears the costs for each subsequent delivery attempt from the second delivery attempt onwards.

For users who do not act as consumers, the following rules regarding unsuccessful deliveries apply. These replace the regulations mentioned above.

Unsuccessful delivery

Unless otherwise stated, the user bears the shipping costs.
The Provider is not liable for errors, delays (including cases in which the User does not collect the goods within the deadline 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 will bear the costs of the resulting storage. The user must also arrange a new delivery attempt at his own expense after agreeing appropriate collection times and conditions with the provider.
If the user fails to do this, the provider may, at its own discretion, withdraw from the contract or arrange for a new delivery at the user's expense.
In both cases, the provider reserves the right to compensation for damage caused by the unsuccessful delivery attempt.

User rights

Right of withdrawal

Unless there are exceptions, the user can revoke the contract within the period specified below (usually 14 days) without giving reasons. In this section, users can find out more about the cancellation conditions.

To whom the right of withdrawal applies

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

The rights set out in this section do not apply to users who do not act as European consumers.

Exercising the right of withdrawal

In order to exercise his right of withdrawal, the user must send the provider an unambiguous statement stating his decision to withdraw.

For this purpose, users can use the model withdrawal form, which they can find in the “Definitions” section of this document. However, users are free to express their decision to withdraw by means of an unequivocal statement in another, appropriate manner. In order to comply with the deadline for exercising this right, the user must submit the declaration of withdrawal before the withdrawal period expires.

When does the cancellation period expire?

  • When purchasing goods, the cancellation period ends 14 days after the day on which the user or a third party designated by him, other than the carrier, comes into possession of the goods.

  • When purchasing several goods in one order , which are then delivered separately, the cancellation period ends 14 days after the day on which the user or a third party designated by him, which is not the carrier, comes into possession of the last delivered goods the last game or part.

Effects of revocation

Users who properly revoke a contract will have all payments made to the provider refunded, including delivery costs if applicable.

However, the provider is not obliged to reimburse additional costs if the user has chosen a different type of delivery than the cheapest standard delivery offered by the provider.

The refund will be made immediately, but no later than 14 days after the day on which the provider is informed of the user's decision to withdraw from the contract. The provider will make the repayment using the same payment method that the user used in the original transaction, unless expressly agreed otherwise with the user. In any case, the user will not incur any costs or fees as a result of the refund.

...when purchasing goods

The user must return or hand over the goods to the provider or a person authorized by the provider to receive the goods immediately and in any case no later than 14 days from the day on which he informed the provider of his decision to cancel the contract, unless the provider has offered to collect the goods himself.

The deadline is met if the user hands over the goods to the carrier before the expiry of the 14 day period or otherwise returns the goods as stated above. The provider may refuse reimbursement until he has received the goods back or until the user has provided evidence that he has sent the goods back, whichever is earlier.

The user is only liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.

The user bears the costs of returning the goods .

Guarantees

Statutory warranty law according to EU law

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

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

The national laws of these countries may provide users with broader rights.

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

Legal warranty for used goods

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

Liability and compensation

Compensation

To the fullest extent permitted by applicable law, User, Provider and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees are harmless from any claim or demand made by any third party, including but not limited to for attorneys' fees and costs - to indemnify and hold harmless, arising out of or in connection with any criminal use of or connection to the Service, a violation of these Terms and Conditions, a violation of any third party rights or any legal provisions by the User or its affiliates, officers , directors, agents, co-branders, partners and employees.

Limitation of Liability

Unless expressly stated otherwise and without prejudice to the 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 damage to life, health or physical integrity as well as damage due to the violation of an essential contractual obligation, such as an obligation absolutely necessary to achieve the purpose of the contract and/or damage due to intent or gross negligence, provided that the application is used properly and correctly by the user has been used.

Unless damage was caused intentionally or through gross negligence or impairs life, health or physical integrity, the provider is only liable to the extent of the typical and foreseeable damage at the time the contract was concluded.

Regardless, the following restriction applies to all users who do not act as consumers:

In any event of liability, the compensation may not exceed the total payments that the Provider has received, will receive or would receive from the User under the Agreement over a period of 12 months, or the term of the Agreement, if this is shorter than 12 months.

Users in Australia

Limitation of Liability

The warranty rights, conditions, guarantees, rights and remedies available to users under the Competition and Consumer Act 2010 (Cth) remain wholly unaffected by the provisions of these Terms and Conditions. The same applies to any similar, mandatory state or territorial laws that confer inalienable rights on users. To the extent permitted by law, our liability to users - including liability for violation of an inalienable right and any other liability not excluded by virtue of these General Terms and Conditions - is limited, at the reasonable discretion of the provider, to subsequent performance or reimbursement of the costs incurred for the renewed provision of the services.

Users in the USA

Disclaimer of Warranty

This Application is provided and made available solely on an “as is” and “as available” basis. Use of the service is at your own risk. The Provider expressly excludes all conditions, representations and warranties, whether express, implied, statutory or otherwise, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement to the fullest extent permitted by law. Any advice or information, whether oral or written, obtained by the User from the Provider or through the Service does not create any warranty unless expressly stated.

Without prejudice to the foregoing, 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 meets users' expectations; that the Service will be available uninterrupted or reliable at any particular time or location; 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 your own risk. Users are solely responsible for any damage to User's computer system or mobile device or loss of data resulting from such download or use of the Service by User.

Provider assumes no warranty or responsibility for any products or services advertised or offered by third parties through the Service or through any hyperlinked website or service, nor does it endorse such products or services. Transactions between users and third-party providers of products or services are neither brokered nor monitored by the provider.

The Service may become inaccessible or malfunction with User's web browser, mobile device and/or operating system. The provider cannot be held liable for any perceived or actual damages arising from the content, operation or use of this service.

Federal law, some states and other jurisdictions do not allow the exclusion or limitation of certain warranties. The above exclusions may not apply to Users. This Agreement gives Users certain legal rights, while Users may have other rights depending on the jurisdiction. The exclusions and limitations of liability contained in the Agreement are void unless prohibited by applicable law.

Limitation of Liability

  • To the fullest extent permitted by law, in no event shall 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 in connection with the service or the unavailability thereof; and

  • any damages or losses resulting from hacking, tampering or other unauthorized access to or use of the Service or the User Account and the information contained therein;
  • any errors, mistakes or inaccuracies in content;
  • Personal injury or property damage of any kind resulting from the User's access to or use of the Service;
  • any unauthorized access to Provider's backup servers and/or the personal information stored therein;
  • any interruption or cessation of transmission to or through the Service;
  • any bugs, viruses, Trojan horses, or the like that may be transmitted to or through the Service;
  • any errors or omissions in content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Service; and or
  • the defamatory, offensive or illegal conduct of any user or third party. Any liability of Provider, its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees for any claims, income, liabilities, obligations, damages, losses or costs shall be limited to the amount, which was paid under this agreement by the user to the provider in the previous 12 months or, if less, over the entire term of this agreement between the provider and the user.

This limitation of liability shall apply to the fullest extent permitted by applicable law, regardless of whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if 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 User. These Terms and Conditions give the user certain rights, while the user may have other rights depending on the legal system. The exclusions and limitations of liability in the Terms and Conditions are ineffective to the extent prohibited by applicable law.

Compensation

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

  • the user's access to and use of the service, including any data or content transmitted or received by the user;
  • the User's breach of these Terms and Conditions, including, but not limited to, the User's breach of any of the representations and warranties contained in these Terms and Conditions;
  • the User's violation of any third party rights, including but not limited to privacy rights or intellectual property rights;
  • the violation of legal provisions, rules or regulations by the user;
  • any content transmitted from the user account, including in the event of access by third parties using the user's username, password or other security measures - if any - and including misleading, false or inaccurate information;
  • the user's alleged misconduct; or
  • the violation of any legal provision by the user or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees, to the extent permitted by applicable law.

Common Provisions

No waiver

The failure of the Provider to exercise any right under these Terms and Conditions or to enforce any provision of these Terms and Conditions shall not constitute a waiver of such right or provision. No waiver shall be deemed a further or continuing waiver.

Service interruption

In order to ensure the best possible service, the provider reserves the right to interrupt the service for maintenance, system updates or other changes. He will inform users appropriately.

Within the scope of the legal provisions, the provider can also suspend or terminate the service completely. In the event of discontinuation of the service, the provider will give users the opportunity to secure personal data or information in accordance with applicable law and will take into account any claims of users for continued use and/or compensation under the applicable law.

In addition, Service may be unavailable for reasons beyond the control of the Provider (so-called “force majeure” reasons) (e.g. infrastructure failures or power outages, etc.).

Resale

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

Data protection

To learn more about the use of their personal data, users can consult the privacy policy of the service (this application).

Intellectual Property Rights

Without prejudice to any more specific provisions of these Terms and Conditions, all intellectual property rights, such as copyrights, trademark rights, patent rights and design rights in connection with the Service (this Application) are the exclusive property of the Provider or its licensors and are subject to the protection of the applicable laws or international treaties relating to intellectual property Property.

All trademarks, names or design marks - and all other trademarks, trade names, service marks, word marks, illustrations, images or logos - appearing in connection with the Service (this Application) are and will remain the exclusive property of and subject to the Provider or its licensors the protection of applicable law or international treaties relating to intellectual property.

Changes to these Terms and Conditions

The provider reserves the right to change or otherwise modify these terms and conditions at any time. In this case, the provider will adequately inform the user about these changes.

Such changes only apply to the contractual relationship from the time notified to the user.

By continuing to use the service, the user accepts the changed terms and conditions. If users do not want to be bound by the changes, they must stop using the service and can terminate the contract.

If the revised Terms are not accepted, either party may terminate the Agreement. The previous version of the General Terms and Conditions applies to the relationship before the user accepts the changes. The user can obtain any previous version of the General Terms and Conditions from the provider.

If required by law, the provider will inform users in advance about the effective date of the changed conditions.

Assignment of rights and obligations

The provider reserves the right to transfer, assign, replace with Novation or pass on all rights and obligations under these General Terms and Conditions, taking into account the legitimate interests of the user.
The provisions regarding changes to the General Terms and Conditions apply accordingly.

Users may not assign or transfer their rights or obligations under the Terms and Conditions in any way without the written consent of the Provider.

contacts

All communications related to the use of the Service (this Application) must be sent to the contact details provided in this document.

Severability clause

If any provision of these Terms and Conditions is or becomes invalid or unenforceable under applicable law, this will not affect the validity of the remaining provisions, which will remain in full force and effect.

US users

Any such invalid or unenforceable provisions will be interpreted and modified to the extent that they become effective, enforceable and consistent with their original intent. These Terms and Conditions represent the entire agreement between users and the provider on the subject matter of the contract and take precedence over all further communications between the parties on the same subject matter, including any older agreements.
These Terms and Conditions will be enforced to the fullest extent permitted by law.

EU users

If any provision of these Terms and Conditions is or is deemed to be invalid, or is invalid or is to be deemed invalid, the parties will do their best to reach an amicable agreement on valid and enforceable provisions, thereby eliminating the invalid, invalid or not enforceable parts.
Otherwise, the invalid, invalid or unenforceable provisions will be replaced by the applicable statutory provisions, provided this is permitted or provided for by the applicable law.

Without prejudice to the foregoing, the nullity, invalidity or unenforceability of individual provisions of these General Terms and Conditions shall not invalidate the entire agreement, unless they are provisions that are essential to the contract or of such importance that the parties would not have entered into the contract if they knew about the invalidity of the provision. If the remaining conditions would lead to unreasonable hardship for one of the parties, the invalidity of the individual provision will result in the invalidity of the entire agreement.

Applicable Law

These Terms and Conditions are governed by the law of the place where the provider is based, with the exception of conflict of law provisions. Users can find the location information in the relevant section of this document.

Priority of national law

However, if the law of the country in which the user is located provides for a higher standard of consumer protection, then that higher standard applies.

Place of jurisdiction

The courts of the place in which the provider has its registered office - as indicated in this document - have exclusive jurisdiction over all disputes arising from or in connection with these Terms and Conditions.

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 may contact the Provider with any disputes, who will attempt to resolve them amicably.

The user's right to take legal action always remains unaffected. However, in the event of any dispute regarding the use of the Service (this Application) or the Service, the User is invited to contact the Provider using the contact details provided in this document.

The User may address 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 immediately within 7 days of receipt.

Online dispute resolution for consumers

The European Commission has set up an online alternative dispute resolution platform that offers an out-of-court procedure for resolving disputes relating to online contracts with consumers.

As a result, consumers in the EU, Norway, Iceland or Liechtstein can use this platform to resolve disputes arising from contracts concluded online. The platform can be accessed at the following link .