Terms & Conditions
These General Terms and Conditions of Business of BANDE DE CYCLISTES GmbH as the seller and you as the customer apply to all orders placed in the BANDE DE CYCLISTES online shop (www.bande-de-cyclistes.com) as well as to those purchases for which BANDE DE CYCLISTES GmbH declares these General Terms and Conditions to be applicable.
The following GTC apply to all orders placed via our online shop by consumers and entrepreneurs.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. 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 his or her commercial or self-employed professional activity.
The following shall apply vis-à-vis entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.
Contracting party, conclusion of contract, correction options
The purchase contract is concluded with BANDE DE CYCLISTES GmbH.
The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. You can initially place our products in the shopping basket without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. By clicking on the order button, you make a binding offer for the goods contained in the shopping basket. Confirmation of receipt of your order will be sent by e-mail immediately after you have sent the order.
We will accept your offer within two days by
- we issue a declaration of acceptance in a separate e-mail or
- we have the goods delivered or
- if applicable, the payment transaction is executed by our service provider or the selected payment service provider. The time of execution of the payment transaction depends on the selected payment method (see under "Payment").
The relevant alternative for you depends on which of the listed events occurs first.
Contract language, contract text storage
The language(s) available for the conclusion of the contract: German and English.
We do not store the text of the contract.
Shipping costs may be incurred in addition to the stated product prices. You can find out more about any shipping costs in the offers.
We only deliver by mail order. Unfortunately, it is not possible to collect the goods yourself.
We do not deliver to packing stations.
In the event of a reshipment due to an incorrectly entered address by the buyer, we reserve the right to charge the flat-rate shipping fee retrospectively. The flat rate amounts to CHF 5. It is the buyer's duty to check all details before completing the order process.
All prices on www.bande-de-cyclistes.com are inclusive of VAT as required by law in Switzerland (currently 7.7%) and exclusive of shipping costs. The effective shipping costs are displayed in the shopping basket before the order is completed. BANDE DE CYCLISTES GmbH has the express right to adjust the prices shown online at any time without notice and without further explanation. For the calculation of the prices, the time of the order on the website applies.
Are calculated on the basis of the current prices of the Post Office at: http://www.post.ch/
And in addition all costs incurred for packaging.
The following payment methods are generally available in our shop:
You enter your credit card details when placing your order. Your card will be charged immediately after placing the order.
In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, legitimise yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is placed. You will receive further instructions in the order process.
Sofort by klarna
In order to be able to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction. Your account will be debited immediately after placing the order. You will receive further instructions in the order process.
In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden ("Klarna") we offer you the following payment options. Payment via Klarna is only available to consumers. Unless otherwise stipulated below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. You will find further information on the respective payment option and in the order process.
Purchase on account via Klarna
The invoice amount is due 30 days after dispatch of the goods and receipt of the invoice.
Instalment purchase via Klarna
You can pay the invoice amount in monthly instalments of at least 1/24 of the total amount. The amount of the minimum instalment is 6.95 euros.
Right of withdrawal
Consumers are entitled to the statutory right of cancellation as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.
Retention of title
The goods remain our property until full payment has been made.
For entrepreneurs, the following shall apply in addition: We reserve title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves insofar as you do not meet your payment obligations. We shall release the securities to which we are entitled at your request insofar as the realisable value of the securities exceeds the value of the outstanding claims by more than 10%.
The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the delivery company as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment.
Guarantee and warranty
The customer's warranty rights shall be governed by the general statutory provisions, unless otherwise stipulated below. The provision in § 10 of these GTC applies to the customer's claims for damages against the supplier.
The following applies to entrepreneurs: The limitation period for warranty claims is 1 year for newly manufactured items. Warranty claims are excluded for used goods. In the event of a warranty claim, BANDE DE CYCLISTES GmbH has the option of either repairing the goods or making a replacement delivery.
BANDE DE CYCLISTES GmbH does not provide a guarantee.
Customer service: You can reach our customer service for questions, complaints and
complaints on weekdays from 8 a.m. to 12 p.m. and from 1 p.m. to 4 p.m. by email@example.com
Every buyer has the right to return the items received to BANDE DE CYCLISTES within 20 days. For returns, the items must be returned in perfect hygienic condition, otherwise the right of return will be forfeited. For returns, shipping costs incurred by BANDE DE CYCLISTES will be charged to the buyer or deducted from the refund amount. The return shipping costs must be borne by the buyer. By accepting the terms and conditions you also automatically accept our Return Policy. Items declared as outlet goods are explicitly excluded from the return guarantee.
Minor model deviations
It is possible that the design of individual items may change slightly. Naturally, BANDE DE CYCLISTES GmbH cannot accept any liability for such modifications made by manufacturers and suppliers.
BANDE DE CYCLISTES GmbH accepts no liability whatsoever for the customer's misconduct in the care and/or handling of the items supplied.
BANDE DE CYCLISTES GmbH undertakes to process your customer data carefully and to observe the provisions of the relevant data protection legislation. In particular, no data will be passed on to third parties. However, no liability can be accepted for the security of data transmitted via the Internet.
Personal vouchers that have only been created for a specific person or for a specific group may not be passed on and may only be redeemed by persons authorised by BANDE DE CYCLISTES GmbH. BANDE DE CYCLISTES GmbH reserves the right to cancel all unauthorised orders without comment. Only one discount code may be used per order.
Costs in the event of late payment
Processing fee (from day 70 after invoice date at the earliest, when handed over to collection service provider) depending on amount of claim in CHF 37 (up to 19); 58 (up to 59); 145 (up to 399); 225 (up to 999); 285 (up to 1'999); 385 (up to 2'999); 575 (up to 4'999); 685 (up to 6'999); 825 (up to 9'999); 1'375 (up to 19'999); 2'600 (up to 49'999); 6% of claim (from 50'000).
It is hereby expressly pointed out that no liability claims can be asserted against BANDE DE CYCLISTES GmbH for indirect damage or consequential damage of the customer, insofar as there is no damage caused by BANDE DE CYCLISTES GmbH intentionally or through gross negligence. In particular, damage resulting from accidents, etc., which occur when handling hardware (bags, etc.), are your own responsibility.
If you are an entrepreneur, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you shall be our registered office.
The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
BANDE DE CYCLISTES GmbH expressly reserves the right to unilaterally amend these GTC at any time without prior notice.
Applicable law / place of jurisdiction
In any case, the relationship between you and BANDE DE CYCLISTES GmbH shall be governed by Swiss law in accordance with the provisions of the Swiss Code of Obligations (OR) and the Swiss Civil Code (ZGB). The place of jurisdiction is Switzerland. The application of the provisions of the Vienna Sales Convention ("United Nations Convention on Contracts for the International Sale of Goods") is expressly excluded.