General Terms and Conditions & Terms of Service

bikes-365.com – Berlin Tyres Europa GmbH

1. Scope of Application

These Terms and Conditions (AGB) apply to all contracts concluded between Berlin Tyres Europa GmbH (hereinafter "Seller") and customers via the online shop bikes-365.com. Conflicting or deviating terms of the customer shall not apply unless expressly agreed in writing. These Terms apply to both consumers (B2C) and entrepreneurs (B2B).

2. Definitions

Consumer (B2C): Natural person acting for purposes outside their trade or profession (§ 13 BGB). Entrepreneur (B2B): Natural or legal person acting in the exercise of commercial activity (§ 14 BGB).

3. Contract Conclusion

The presentation of products in the online shop does not constitute a legally binding offer but an invitation to place an order. By submitting an order, the customer makes a binding offer to conclude a purchase contract. The Seller may accept this offer within 5 days by sending an order confirmation via email, dispatching the goods, or requesting payment. A contract is concluded only upon acceptance.

4. Products, Availability and Technical Deviations

All products offered (including bicycles, e-bikes, accessories, and spare parts) are subject to availability. Product descriptions, images, and technical specifications are provided for informational purposes and may contain minor deviations. The Seller reserves the right to make reasonable technical changes or improvements without prior notice. Partial deliveries are permitted where reasonable.

5. Prices, Taxes and Shipping Costs

All prices stated include applicable VAT. Shipping costs are displayed separately during checkout. For cross-border deliveries, additional customs duties, taxes, or fees may apply and are borne by the customer.

6. Payment Terms

We accept the following payment methods: PayPal, Credit Cards via Shopify Payments (Stripe), and Klarna. Payment is due immediately upon order confirmation unless otherwise agreed. The Seller reserves the right to refuse certain payment methods in individual cases.

7. Retention of Title

The goods remain the property of the Seller until full payment has been received. For entrepreneurs, ownership remains until all claims arising from the business relationship have been settled.

8. Delivery, Shipping and Risk Transfer

Delivery is made to the address specified by the customer. Delivery times are indicated in the product description and are non-binding unless explicitly agreed otherwise. Risk transfer: Consumers: upon delivery of goods; Entrepreneurs: upon handover to the carrier.

9. Right of Withdrawal (30 Days)

Consumers have the right to withdraw from this contract within 30 days without giving any reason. The withdrawal period begins on the day the customer receives the goods. To exercise this right, the customer must notify the Seller by means of a clear statement (e.g. email). Effects of Withdrawal: The Seller shall reimburse all payments received, including standard delivery costs, within 14 days. Reimbursement may be withheld until goods are returned or proof of return is provided. Goods must be returned within 14 days after withdrawal. Return shipping costs are borne by the customer. The customer is liable for any diminished value resulting from handling beyond what is necessary.

10. Return Policy

Returned goods must be sent back in proper condition and, where possible, in original packaging. The customer must ensure adequate packaging. The customer is liable for any transport damage caused by improper packaging. For bulky goods such as bicycles and e-bikes, special shipping arrangements may be required. All return shipping costs are borne by the customer.

11. Warranty

Statutory warranty rights apply: Consumers: 2 years; Entrepreneurs: 1 year. For B2B transactions, the Seller may choose the type of supplementary performance (repair or replacement). Manufacturer warranties may apply separately.

12. Liability

The Seller is liable without limitation for damages caused by intent or gross negligence. In cases of slight negligence, liability is limited to breaches of essential contractual obligations (cardinal obligations) and to foreseeable damages. Liability under the German Product Liability Act remains unaffected.

13. Assembly, Use and Maintenance Responsibility

The customer is responsible for proper assembly, handling, and use of the products. Bicycles and e-bikes may require adjustments before first use. Professional assembly is recommended. No liability is assumed for damages resulting from improper assembly, use, maintenance, or unauthorized modifications.

14. Battery Charging and Storage Responsibility

Batteries must be handled, charged, and stored in accordance with manufacturer instructions. Improper handling, including deep discharge, incorrect charging, or storage in extreme conditions, excludes liability.

15. Battery Warranty

Batteries are subject to natural wear. A battery is considered functional if it retains approx. 70% capacity after up to 500 charge cycles under proper use. Warranty excludes normal wear, improper use, incorrect charging, environmental influences, and unauthorized modifications. The warranty applies only to the original purchaser and is not transferable. Any warranty claim requires that the battery has been used and maintained according to the manufacturer’s guidelines.

16. E-Bike Range Disclaimer

The range of e-bikes depends on various external factors such as rider weight, terrain, weather, riding style, and battery condition. All stated range values are based on optimal conditions and represent maximum achievable performance. Deviations do not constitute a defect.

17. Speed Manipulation and Tuning

Modifications altering speed limits or motor performance are prohibited. Such actions may violate laws and void insurance coverage. The Seller assumes no liability for damages resulting from such modifications. Warranty claims are excluded in these cases.

18. Force Majeure

The Seller is not liable for delays or non-performance due to events beyond reasonable control (e.g. strikes, supply chain disruptions, natural disasters).

19. Promotional Vouchers

Promotional vouchers are subject to specific conditions. Cash redemption is excluded.

20. Data Protection

Personal data is processed in accordance with GDPR. Controller: Berlin Tyres Europa GmbH, Holzhauserstraße 182, 13509 Berlin, Germany. Email: info@berlintires.com. We use service providers such as Shopify, PayPal, Klarna, and Stripe for order processing and payments. Further details are available in our Privacy Policy.

21. Online Dispute Resolution

The European Commission provides a platform for online dispute resolution: https://ec.europa.eu/consumers/odr/. We are not obliged to participate in dispute resolution proceedings.

22. Applicable Law and Jurisdiction

German law applies, excluding CISG. Entrepreneurs: Berlin jurisdiction. Consumers: statutory jurisdiction applies.

23. Final Provisions

If any provision of these Terms is invalid, the remaining provisions remain effective.

FAQ

When is an order technically and legally concluded on bikes-365.com?

The contract is legally concluded within 5 days when we send a formal order confirmation via e-mail, deliver the e-bike, or request payment after order placement.

What happens if a leased or purchased e-bike arrives damaged during transit?

Consumers should report obvious transport damage to the freight carrier immediately and contact our service center. Your statutory defect and warranty claims remain fully unaffected.

What law governs the transactions on this e-mobility platform?

All legal relationships and contract terms are governed exclusively by the laws of the Federal Republic of Germany, protecting statutory consumer rights.

Do you participate in out-of-court dispute resolution procedures?

No, Berlin Tyres Europa GmbH is neither legally obliged nor prepared to participate in dispute settlement procedures before an alternative dispute resolution entity.

Does the seller retain ownership of the e-bike until full payment?

Yes, according to Section 6 of our GTC, we retain full title of ownership to the delivered e-bikes and accessories until the purchase price is paid in full.