AGB

General Terms & Conditions

§ 1 General – scope

1. The following general terms of business shall apply to all transactions betw een us and the customer. The version in force when the contract is concluded shall take precedence.

2. Consumers in the sense of these terms of business are private individuals with whom we enter into a business relationship without this being regarded as a business or freelance professional activity.

Companies in the sense of these terms of business are private individuals or legal entities or partnerships with legal capacity with whom we enter into a business relationship and who act as part of their commercial or freelance business activities.

Customers in the sense of these terms of business include both consumers and companies.

3. Different, contradictory or supplementary general terms of business shall not become an integral part of the contract, even if we are aware of them, unless we expressly agree to their validity in writing.

§ 2 Contract conclusion

1. The conditions for our goods are subject to change and non-binding. Our depiction of goods on the Internet shall not constitute a quotation, instead it is a non-binding offer to the customer to place an order. The goods shall be subject to technical and other changes in terms of shape, colour or weight within reason.

2. By placing an order for the goods he requires, the customer is making a binding offer to conclude a contract.

We shall confirm the receipt of the customer’s purchase order without delay. The confirmation of receipt shall not constitute a binding acceptance of the order. The confirmation of receipt shall only constitute a declaration of
acceptance if we expressly state this to be the case.

The acceptance of a purchase order by telephone shall also not constitute a binding acceptance on our part.

3. We shall be entitled to accept the contract offer inherent in the purchase order within two weeks. For goods
ordered by electronic means we shall be entitled to accept the purchase order within three working days of it being received by us.

We shall be entitled to refuse to accept the purchase order – for example after we have checked the creditworthiness of the customer.

We shall be entitled to limit the purchase order to a conventional amount.

4. The contract shall be concluded subject to the reservation of non-performance or only partial performance if we are unable to obtain the goods correctly or properly. This shall only apply in the event that we ourselves are not responsible for the failure to supply the goods.

In the event that the goods are not available or only available in part, the customer shall be notified without delay and his payment shall be reimbursed straight away.

5. If the customer orders the goods by electronic means, the contract text shall be saved by us and sent to the customer together with the legally valid general terms of business by email after the contract has been concluded.

§ 3 Reservation of title

1. In the case of consumers we reserve title to the goods until the purchase price has been paid in full.

In the case of companies we reserve title to the goods until all accounts receivable from our business relationship have been settled in full. If the value of the reserved title goods exceeds the accounts receivable for which they are acting as security by 20 percent, we shall be obliged to release the reserved title goods at the request of the company.

2. The customer undertakes to treat the goods with care whilst the reservation of title is in force. If service and inspection work is required, the customer must carry out this work on a regular basis and at his own expense.

The customer must notify us in writing without delay of any attempt by third parties to seize the goods, in particular enforcement measures, and of any damage or destruction suffered by the goods. The customer must notify us with-
out delay of any change of ownership of the goods.

The customer must compensate us for all damage and costs incurred as a result of a breach of these obligations and by intervention that may be required to prevent the goods being seized by third parties.

3. If the action of the customer breaches the contract, particularly in the event of his being in default with payments, we shall be entitled to withdraw from the contract and demand the return of the goods. In addition, in the event of one of the obligations set out in number 2 being breached, we shall be entitled to withdraw from the contract and demand the return of the goods if we can no longer reasonably be expected to fulfil the contract.

4. The company shall be entitled to resell the goods in the course of its normal business activities. It hereby assigns to us all accounts receivable up to the amount of the invoice total which he accrues against a third party by the resale of the goods. We hereby accept this assignment. After the assignment the company shall still be authorised to collect the accounts receivable. We reserve the right to collect the accounts receivable ourselves as soon as the company fails to meets its payment obligations correctly and becomes in default.

If the company processes the goods, it shall do so in our name and on our behalf. When the goods are processed, we shall accrue co-title to the new goods proportionate to the value of the goods we supplied. The same shall apply if the goods are processed or mixed with other items which do not belong to us.

§ 4 Right to cancel and return

1. The consumer shall be entitled to cancel its declaration of intent to conclude the contract within two weeks of receiving the goods. If the purchase is made through the platform at http://www.ebay.de the consumer can cancel its declaration of intent to conclude the contract within one month. This cancellation does not have to contain any reasons and must be made in writing or by means of returning the goods; prompt dispatch by the customer shall be sufficient to meet the deadline. This right to cancel shall not apply to goods which have been manufactured to the customer’s specification or if the goods have been opened.

The cancellation must be sent to the following address:
Third Element GmbH, Karlstr.35, 80333 Munich, Germany

2. The consumer shall be obliged to return the goods if he exercises his right to cancel the contract as long as the goods can be shipped in parcel form. If the consumer exercises his right to cancel for an order value of up to € 40.00, the consumer must reimburse the costs of returning the goods unless the supplied goods are not the goods he ordered. If the order value exceeds € 40.00 the consumer shall not have to pay the costs of returning the goods.

3. The consumer must pay compensation for any deterioration suffered by the goods due to their being used for the purpose for which they are designed. The consumer may examine the goods carefully and with caution using the same methods that would be possible in a shop. Any loss of value caused by using the goods over and above the examination which means that the goods can no longer be sold as “new” must be compensated by the consumer. The Consumer must treat the ordered goods with care so as to avoid having to pay compensation if the goods are returned.

§ 5 Payment

1. The quoted price shall be binding. The price includes statutory value-added tax.

If the goods are purchased and have to be delivered, the price shall be exclusive of delivery costs.

The customer shall not incur any additional costs if the order is placed using telecommunications equipment.

The customer may pay the price of the goods by cash on delivery or credit card. We shall also supply goods to companies on an invoice basis. The company agrees to assign any accounts receivable from third parties to us (factoring). We reserve the right to refuse certain methods of payment and to offer the customer other additional methods of payment.

2. The customer undertakes to pay the price at the latest within ten days of receiving the goods. After this period has elapsed the customer shall be deemed to be in default.

If consumers are in default, their debt shall attract interest at a rate of 5% above the base interest rate.

If companies are in default, their debt shall attract interest at a rate of 8% above the base interest rate. We reserve the right to show that we have suffered higher default interest rate damages and to claim these from companies.

3. The customer shall only be entitled to set off our claims if his counter claims have been established by a court of law or have been accepted by us.

The customer may only exercise a right of retention if his counter claim is based on the same contractual relationship.

§ 6 Transfer of risk

1. For consumers, the risk of accidental loss and accidental deterioration of the sold goods shall be transferred to the consumer when the goods are received by the consumer, even if this takes the form of shipment.

For companies the risk of accidental loss and accidental deterioration of the goods shall be transferred to the company when the goods are received by the company; if the goods are shipped the transfer of risk to the company shall take place when the goods are handed over to the forwarder, the freight driver or the other person or organisation charged with the shipment.

If the customer is in default with taking delivery of the goods, this shall be equivalent to the goods having been received by the customer.

2. If data is downloaded from and sent to the internet, the risk of loss and deterioration of the data shall be transferred to the customer as it passes the network interface.

§ 7 Warranty

1. Consumers may choose whether they would like final fulfilment by means of having the goods replaced or reworked if the original goods are faulty. We shall be entitled to refuse the method of final fulfilment if it can only be achieved at disproportionate cost and the other method of final fulfilment would not create considerable disadvantages for the consumer.

When dealing with companies we shall provide a warranty for defective goods by means of replacement or reworking, at our discretion.

2. If the final fulfilment attempt fails, the customer may at his discretion demand a reduction in the purchase price or the cancellation of the contract as well as compensation. In the case of minor defects the customer shall not be entitled to withdraw from the contract. If the customer demands compensation, the limitations of liability set out in § 8 Number 1 and 2 of the general terms of business shall apply.

3. Consumers must notify us of any obvious defects on the goods within two months of their receipt in writing; otherwise no warranty claims shall be accepted.

Companies must immediately examine the goods for quality and quantity discrepancies and notify us in writing of any obvious defects in writing within a period of one week from receipt of the goods; otherwise no warranty claims shall be accepted. Concealed defects must be notified to us in writing within one week of their discovery. The prompt dispatch of the notification shall be sufficient to meet this deadline. The company shall bear the full burden of proof for all claims, particularly for the defect itself, for the time of discovery of the defect and for the prompt notification of the complaint.

4. For consumers the warranty period shall be two years from the date of delivery of the goods.

For companies the warranty period shall be one year from the date of delivery of the goods.

For used goods the warranty period shall be one year from the date of delivery of the goods. This one-year warranty period shall not apply if we can be accused of gross negligence or in the event that we are held responsible for physical injury or harm to the health of the customer or his loss of life. Our liability under the Product Liability Law shall not be affected by this.

5. We guarantee 1500 full charging cycles and we give 3 years warranty on the battery and we give 2 years warranty on the bike.

§ 8 Limitations of liability

1. In the event of breaches of obligations caused by slight negligence, our liability and that of our agents shall be limited to foreseeable, direct average damages which are typical for this type of contract.

In the event of breaches of minor contractual obligations caused by slight negligence, in other words breaches that do not jeopardise the fulfilment of the contract, we and our agents shall not accept any liability. The above limitations of liability shall not apply to claims by the customer on the basis of product liability or warranty. In addition, these limitations of liability shall not apply if we are responsible for physical injury or harm to the health of the customer or his loss of life.

2. We shall only accept liability for our own content on the website of our online shop. If we provide links to other websites, we cannot accept any responsibility for the contents of these websites. We do not accept these external contents as our own. If we are made aware of the illegal contents of external websites, we shall immediately block access to these sites.

§ 9 Data protection

1. In our “Data protection information” we provide the customer with information about the following:
-    The type, duration and purpose of recording, processing and using the personal data required for completing purchase orders and for invoices.
-    His right to appeal against the production and use of his anonymous user profile for the purposes of advertising, market research and for designing our range of products to suit his requirements.
-    Forwarding data to companies contracted by us and obliged to comply with the statutory data protection regulations for the purposes and for the duration of a credit check and for shipping the goods.
-    The right to obtain free information relating to his personal data which has been stored by us.
-    The right to correct, delete and block his personal data which has been stored by us.

2. The production, processing and use of personal data for marketing purposes requires the consent of the customer. The customer can provide this consent before placing his purchase order. The customer is entitled at any time to revoke this consent with effect for the future (see “Data protection consent”).

§ 10 Concluding provisions

1. The laws of the Federal Republic of Germany shall apply. In the case of consumers who conclude contracts for non-professional or non-commercial purposes, this choice of law shall only apply if the same level of protection is not provided by the laws of the country in which the consumer is normally resident.

The provisions of the UN Conventional on Contracts for the International Sale of Goods shall not apply.

2. If the customer is a businessman, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be our registered offices. The same shall apply if the customer does not have a general place of jurisdiction in Germany or his residence or general place of abode at the time when the lawsuit is lodged with the court is unknown.

3. If any provisions in the contract with the customer including these general terms of business are or become wholly
or partly invalid, this shall not affect the validity of the other provisions. The wholly or partly invalid provision shall be replaced by a provision whose commercial aim is as close as possible to the invalid one.