AGB

AGB of the cycle union GmbH group of companies with the following brands: vsf fahrradmanufaktur, e-bike manufaktur, Kreidler, Rabeneick

1. SCOPE OF APPLICATION
All deliveries and services of the above-mentioned companies, hereinafter referred to as suppliers, are exclusively subject to these General Terms and Conditions.

2. GENERAL TERMS AND CONDITIONS
Oral agreements require the written confirmation of the supplier to be effective, unless the execution of the transaction is not directly carried out by the supplier. The information and illustrations contained in brochures and catalogues are approximate values customary in the industry, unless they are expressly designated as binding by contract.

3. PRICE
All prices quoted by the suppliers are in Euro, excluding value added tax, packaging, freight, postage and insurance.

4. TERMS OF PAYMENT
All invoices are due for payment within the framework of the legal due date regulation.
If it is undisputed that partially defective goods have been delivered, the contractual partner shall remain obliged to make payment for the defect-free part, unless it can be proven that it has no interest in the partial delivery. Offsetting is only permissible with counterclaims that have been legally established or are undisputed.
If the contractual partner is in default of payment, the supplier shall be entitled to make due all invoices not yet due at this point in time and to demand payment of all remaining invoice amounts, even if the supplier has granted longer payment terms in this respect. If the contractual partner is in default, the supplier is entitled to withhold deliveries from existing contracts until the overdue invoices have been settled. Bills of exchange and cheques are only accepted by agreement and only on account of performance and on condition that they are discountable. Discount charges shall be calculated from the due date of the invoice amount. A guarantee for the timely presentation of the bill of exchange or cheque and for the raising of bill protests is excluded. If, after conclusion of the contract, it becomes apparent that the contractual partner is unable to perform or his ability to perform is at risk, the suppliers may refuse delivery or provide the delivery only against advance payment.

5. DELIVERY
Unless otherwise agreed, deliveries are made "ex works".
Partial deliveries are permissible and will be invoiced separately, unless the contracting parties have expressly agreed to complete delivery.

6. DISPATCH AND TRANSFER OF RISK
The risk shall pass to the contractual partner when the goods are handed over to the railway, forwarding agent or carrier or when storage begins for the contractual partner.

7. RETENTION OF TITLE
The supplier retains title to the delivered goods until all claims arising from the business relationship with the contractual partner have been settled.
The partner is entitled to sell these goods in the ordinary course of business as long as he has fulfilled his obligations from the business relationship in due time. He may neither pledge the reserved goods nor assign them as security. He is obliged to secure the rights of the supplier in the case of a credited resale of the reserved goods. All claims and rights from the sale of the reserved goods are hereby assigned by the partner to the supplier as security for the supplier's purchase price claim. The assignment is hereby accepted. In the case of a treatment or processing of the goods subject to retention of title, the partner shall be deemed to carry out this treatment or processing for the supplier. In the event of an inseparable combination or mixing, the supplier shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed or mixed items at the time of processing or mixing. If goods subject to retention of title are combined or inseparably mixed with other movable objects to form a new object, the other object shall be regarded as the main object. In this case, the partner shall transfer proportionate co-ownership of the new object to the extent that it becomes the owner in this respect.

In this respect, the partner shall hold the supplier's property in safekeeping. If goods subject to retention of title become the subject of enforcement measures by third parties, the partner must immediately inform the supplier of all circumstances necessary for intervention and issue the relevant documents. If the value of the existing securities exceeds the secured claim by a total of more than 20%, the supplier is obliged, on request, to release goods in terms of value until a congruent security is restored.

8. CLAIMS FOR DEFECTS
Warranty claims of the partner become statute-barred if the contractual partner is a merchant in the sense of the law within one year in deviation from the legal regulation. For contractual partners who are not merchants within the meaning of the law, the two-year statutory warranty period applies. In the case of justified and timely notices of defects, the supplier has the right to rectify the defects or, at his discretion, to make a replacement delivery in accordance with the contract. If a supplier does not fulfil these obligations or does not fulfil them in accordance with the contract within a reasonable period of time, the contractual partner may withdraw from the contract after setting a reasonable deadline. Claims for damages against the supplier shall only exist if the supplier is responsible for gross negligence or intent.

9. PLACE OF PERFORMANCE
The place of performance for business transactions between the supplier and the contracting party is Oldenburg. The place of jurisdiction for all legal disputes between the contracting parties, insofar as the partner is a merchant within the meaning of the law, shall be Oldenburg. The law of the Federal Republic of Germany shall apply exclusively to the contractual relationship. The application of the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (CISG - "Vienna Sales Convention") is excluded.