General Terms and Conditions (GTC)
Please note that all bicycles supplied by toraman bikes do not comply with the German road traffic regulations.
For all links on this website, we expressly declare that we have no influence on the design and content of the linked pages, that we dissociate ourselves from all contents of all linked pages on the website and that we do not adopt these contents as our own.
1. Scope of Application
These General Terms and Conditions (GTC) apply to all orders and deliveries between toraman bikes and our customers (hereinafter referred to as 'customer/buyer') via our online shop and are exclusive. Any general terms and conditions of the customer that deviate, contradict or supplement the aforementioned terms and conditions will not be recognised, even if we do not expressly object to them in individual cases. Furthermore, this also applies if we carry out the delivery or the agreed repair without reservation despite being aware of the customer's general terms and conditions.
2. Contractual Partner
The purchase contract is entered into with Berkant Toraman:
toraman bikes
Werbellinstr. 51
12053 Berlin
+493043920192
VAT-ID: DE292561757
3. Offer and Conclusion of Contract
3.1 Please note that the presentation of products in the online shop does not constitute a legally binding offer. Rather, it is an invitation to order. Please note that all information on specifications and descriptions of toraman bikes products is non-binding. This particularly applies to illustrations, technical drawings, dimensions, weights, product descriptions and prices published in relation to toraman bikes products. No guarantee is given as to the accuracy of this information. Please note that any errors or omissions are excepted.
3.2 By clicking the 'Place Order and Pay' button, the customer places a binding order for the goods in their shopping card. A purchase contract is formed when we accept your order and send you an order confirmation within two working days of receiving it. If we do not respond within this timeframe, we will consider your order to have been rejected.
You can also enter into a binding contract in advance as follows:
If you have selected the payment method PayPal, the contract will be formed at the time you confirm the payment instruction to PayPal.The available languages for the conclusion of the contract are German and English. The contract text will not be stored by us.
4. Prices and Payment
4.1 The prices quoted are final and include the statutory value-added tax (VAT). Please note that shipping costs are not included in the purchase price. The customer is informed of the shipping costs in advance on a separate information page and during the ordering process.
4.2 The available payment options will be clearly communicated to the customer in the seller's online shop.
4.3 If prepayment by bank transfer has been agreed, the payment is due immediately upon conclusion of the contract, unless otherwise agreed between the parties.
4.4 If payment is made via a PayPal payment method, it will be processed by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: 'PayPal'). This is subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. Alternatively, if the customer does not have a PayPal account, payment will be subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
The invoice amount is payable via the online payment provider PayPal. Please be aware that you must be registered with PayPal or otherwise legitimise yourself with your access data and confirm the payment instruction to us. Further instructions will be provided during the ordering process.
5. Delivery and Retention of Title
5.1 The buyer bears the cost of delivery. Please note that shipping costs are itemised separately during the ordering process and on the invoice. Please note that additional shipping costs may be incurred for deliveries to countries outside of the European Union. Please note that additional customs duties, taxes and fees will be incurred for deliveries to non-EU countries.
5.2 If the buyer causes the undeliverability of a shipment, they are responsible for the resulting additional costs. A shipment is deemed undeliverable if no authorized recipient is available, the collection period expires, acceptance is refused, or the recipient cannot be found at the specified address.
5.3 Delivery times specified on the website or in our order confirmation commence from the date of our order confirmation. However, for prepayment or advance payment, delivery times begin only after the receipt of payment in our account. Deliveries abroad may experience delays due to local transportation services.
5.4 Any delays in delivery resulting from circumstances beyond toraman bikes' control, including but not limited to strikes, shortages of parts for toraman bikes products, or other operational disruptions for which toraman bikes is not responsible, do not entitle the buyer to any claims against toraman bikes.
5.5 The goods remain the property of toraman bikes until the purchase price has been paid in full. The buyer is required to notify us immediately of any access by third parties to the reserved goods. The buyer is responsible for all costs associated with removing such access, including costs for third-party action, if these cannot be reimbursed by the third party concerned.
6. Cancellation Policy, Right of Cancellation and Cancellation Form
Right of Cancellation
You are entitled to cancel this contract within fourteen days without providing an explanation.
You have fourteen days from the date of delivery of the last item to cancel the contract, whether you or a third party (not the carrier) took possession of the goods.
To exercise your right of cancellation, please notify us in writing at the following address:
Berkant Toraman
toraman bikes
Werbellinstr. 51
12053 Berlin
0306811742
Please confirm your decision to withdraw from this contract in writing (by letter or email). Please feel free to use the attached sample cancellation form, although this is not mandatory.
To meet the cancellation deadline, you are required to send your notification of cancellation before the cancellation period has expired.
Consequences of Cancellation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods. The costs are estimated at a maximum of around EUR 130.00. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
Articles excluded from cancellation:
All items that are customised for customers after the order has been completed are excluded from exchange. These are items where the colour, size, features or personalisation such as name, slogan and/or number are specified.
According to § 312g para. 2 no. 1 BGB, the consumer has no right of cancellation if goods are ordered which are not prefabricated and for the production of which an individual selection or determination by the customer is decisive or which are clearly tailored to the personal needs of you as a consumer (customer specification). The personalised goods are of no economic value to the seller after production in that the subsequent sale is impossible due to the customer specification and thus the individual production.
Sample Cancellation Form
(If you wish to cancel the contract, please complete and return this form).
To
Berkant Toraman
toraman bikes
Werbellinstr. 51
12053 Berlin
- I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only for noOficaOon on paper) - date
(*) Delete as appropriate.
7. Liability for Defects/Warranty
Unless otherwise stated in the following provisions, the provisions of statutory liability for defects shall apply. In contrast, the following provisions apply to contracts for the delivery of goods:
7.1 In the event that the customer is an entrepreneur, the seller has the option of selecting the type of subsequent fulfilment. The limitation period for defects in new goods is one year from the date of delivery. Rights and claims related to defects are not applicable to used goods. Furthermore, the limitation period will not restart if a replacement delivery is made as part of the liability for defects.
7.2 The aforementioned limitations of liability and reduction of time limits shall not apply to claims for damages and reimbursement of expenses by the customer in the event that the seller has fraudulently concealed the defect, for goods that have been used for a building in accordance with their normal use and have caused its deficiencies, or for any existing obligation of the seller to provide updates for digital products in the case of contracts for the supply of goods with digital elements.
7.3 Furthermore, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected for entrepreneurs.
7.4 In the event that the customer is acting as a merchant within the meaning of § 1 HGB (German Commercial Code), they shall be subject to the commercial obligation to inspect and give notice of defects in accordance with § 377 HGB. In the event that the customer fails to fulfil the notification obligations set out in the aforementioned regulations, the goods shall be deemed approved.
7.5 In the event that the customer is acting in a consumer capacity, they are requested to register a complaint with the delivery service provider regarding goods that have been damaged during transit and to inform the seller of this. In the event that the customer fails to comply with the aforementioned requirements, this shall have no bearing on their statutory or contractual rights in relation to defects.
7.6 Unlimited liability: toraman bikes is liable for damages caused by intent or gross negligence. Furthermore, toraman bikes is liable for slight negligence in accordance with the provisions of the Product Liability Act, as well as for damages resulting from injury to life, body or health.
7.7 Limitation of liability: toraman bikes is only liable for slight negligence in the following cases:
- In the event of a breach of a material contractual obligation, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the customer may regularly rely (cardinal obligation).
- Our liability is limited to the amount of foreseeable damages typical of the contract at the time of its conclusion.
This limitation of liability also applies to the vicarious agents of toraman bikes.
7.8 The delivered goods must be checked for any obvious material or manufacturing defects, as well as transport damage, immediately upon receipt. To enable us to provide the fastest possible support, we kindly request that the buyer inform us immediately of any faults or defects.
7.9 Please note that no warranty is applicable in the event that the defect was caused by improper use. This specifically includes improper handling of the purchased item (such as cracks, extreme riding manoeuvres, accidents), modifications to the purchased item that have not been approved by toraman bikes, or non-compliance with the care and maintenance instructions. Please note that the warranty does not cover normal wear and tear.
8. Special conditions for the processing of goods according to specific customer specifications
8.1 In the event that the contract stipulates that the seller is also responsible for processing the goods in accordance with the customer's specifications, in addition to the delivery of the goods, the customer is obliged to provide the operator with all the necessary content for processing, including texts, images or graphics in the specified file formats, dimensions, and formats. Furthermore, the customer must grant the operator the necessary rights of use. The customer is solely responsible for procuring and acquiring the rights to this content. The customer confirms that they have the right to use the content provided to the seller. In particular, the customer shall ensure that no third-party rights are infringed, in particular copyrights, trademark rights and personal rights.
8.2 The customer shall indemnify the seller against any claims made by third parties in connection with an infringement of their rights through the contractual use of the customer's content by the seller. Furthermore, the customer shall be responsible for the reasonable costs of any legal defence deemed necessary, including all court and legal fees in the statutory amount. This does not apply in cases where the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the seller with all information necessary for the examination of the claims and the preparation of a defence without delay and in a truthful and complete manner.
8.3 The seller reserves the right to decline processing orders if the content provided by the customer for this purpose violates legal or official prohibitions or is deemed inappropriate. This specifically relates to the provision of content that is in violation of the constitution, racist, xenophobic, discriminatory, offensive, endangering to young people and/or glorifying violence.
9. Data Protection
Please refer to our data protection information, which you can find here.
10. Jurisdiction and Applicable Law
The place of jurisdiction is Berlin. Please note that German law shall apply exclusively.
11. Links
Please note that we have no influence over the design or content of the linked pages. We would like to make it clear that we are not responsible for the content of the linked websites.
12. Others
Should any provision of these General Terms and Conditions be wholly or partially invalid or unenforceable, this shall not affect the validity of the remaining provisions. This also applies to any potential loopholes.
13. Alternative Dispute Resolution
13.1 The EU Commission provides an online platform for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved. This platform can be accessed via the following link: https://ec.europa.eu/consumers/odr.
13.2 The seller is not required to participate in a dispute resolution procedure before a consumer arbitration board.