Terms of service
General Terms and Conditions
Provider: contact@velorashop.net
Table of Contents
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Scope of Application
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Conclusion of the Contract
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Right to Cancel
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Prices and Payment Conditions
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Shipment and Delivery Conditions
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Reservation of Proprietary Rights
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Warranty
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Liability
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Applicable Law
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Alternative Dispute Resolution
1. Scope of Application
1.1 These General Terms and Conditions govern all contracts between Kölbel-Ecommerce and any consumer or business customer for goods and services offered in our online shop. Any terms of the customer that deviate from or add to these terms will not become part of the contract unless we expressly agree in writing.
1.2 A consumer is any individual who purchases for personal, family or household purposes.
1.3 A business customer or merchant is any natural or legal person, or other entity acting for commercial or professional purposes when entering into a transaction.
2. Conclusion of the Contract
2.1 Product pages are invitations to place an order. They are not binding offers.
2.2 By completing checkout and clicking the purchase button, you submit a binding offer for the items and services in your cart.
2.3 We may accept your offer within five business days by sending an order confirmation by email, by dispatching the goods, or by charging or otherwise processing your payment after you place the order. The contract is concluded when the first of these events occurs. If we do not accept within five business days, your offer lapses.
2.4 When you choose a third-party payment service, that service’s terms apply in addition. Depending on availability in the shop, this may include PayPal, Amazon Pay, Shop Pay, Apple Pay, Google Pay, Klarna, Affirm and card payments processed by Stripe or Shopify Payments. These providers may conduct identity, fraud prevention or credit checks. We may decline individual payment methods based on such checks.
2.5 We store order data to the extent required by applicable law and send you an email confirmation. If you created a customer account before ordering, recent orders can be viewed there.
2.6 Before sending your order you can review and correct entries using the on-screen steps and your browser functions. Changes are possible until you click the purchase button.
2.7 The contract language is English. Any translations are for convenience only.
2.8 Order updates and customer communication usually take place by email. You must ensure that the email address provided is correct and that messages from us and our service providers can be delivered.
3. Right to Cancel
3.1 Consumers have a store return right rather than a statutory withdrawal right. Details, timelines and a model form are provided in our separate Return and Cancellation Policy. Unless stated otherwise there, you may cancel and return eligible items within fourteen days from delivery.
3.2 For non-tangible digital content, the return right may lapse if you ask us to start performance before the end of the period and acknowledge that the right is lost when performance begins.
4. Prices and Payment Conditions
4.1 Prices are shown in U.S. dollars. Applicable sales taxes are calculated at checkout based on the shipping destination. Any shipping costs are shown during checkout.
4.2 Available payment methods are displayed in the shop. If you select invoice or installment options offered by a payment service provider, payment is processed with that provider as your payee while we remain your contact for product, delivery and cancellation issues.
4.3 For deliveries outside the United States, additional costs such as bank fees, duties or import taxes may arise and are borne by you. Carriers or customs authorities may collect these upon delivery.
4.4 For advance payment by bank transfer, the amount is due immediately after contract conclusion unless a later due date is agreed.
4.5 Notes on specific providers
a) PayPal including PayPal account, PayPal Pay Later or PayPal Credit. PayPal may conduct a credit check and can become the payee through assignment of claims. Time limits for payment follow the terms communicated by PayPal.
b) Amazon Pay. By selecting Amazon Pay and confirming payment, you issue a payment order to Amazon Pay. Acceptance of your order may occur upon initiation of the payment transaction.
c) Klarna or Affirm invoice or installment options are subject to the provider’s approval. In the event of assignment you pay the provider with debt-discharging effect while we remain responsible for product and delivery inquiries.
d) Stripe, Shopify Payments, Apple Pay and Google Pay act as payment service providers for card and wallet payments and may use third-party processors. Special conditions of those services may apply.
5. Shipment and Delivery Conditions
5.1 We ship to the delivery areas shown in the shop to the address provided during checkout. If you use a wallet service that supplies a stored address, that address may be decisive for delivery.
5.2 If a shipment is returned because delivery was not possible, you bear the costs of the unsuccessful dispatch. This does not apply if you effectively exercise your return right in line with our Return and Cancellation Policy, if delivery failure is beyond your control or if we failed to announce delivery within a reasonable time.
5.3 Personal collection is not available for logistical reasons.
5.4 If we are not supplied correctly or on time by our upstream suppliers despite a proper covering transaction and we are not responsible for the non-supply, we may withdraw from the contract. We will inform you without delay and refund any payments already made.
5.5 Delivery times displayed on product pages or during checkout refer to business days and are estimates. Your statutory or mandatory rights remain unaffected.
6. Reservation of Proprietary Rights
6.1 Goods remain our property until payment in full clears. Until title passes, you must not pledge or encumber the goods and you must handle them with reasonable care. For business customers, title to all items of the same order is retained until all claims from that order are settled.
7. Warranty
7.1 Consumers. You have legal rights that cannot be excluded under applicable consumer protection laws. In addition, we provide a limited warranty that goods will be free from material defects in materials and workmanship at delivery. Remedies will follow applicable law and our Return and Cancellation Policy.
7.2 Business customers. We may choose the form of subsequent performance. For new goods the limitation period for defect claims is one year from delivery. Rights for used goods are excluded to the maximum extent permitted by law. The limitation period does not restart after replacement or repair.
7.3 Exceptions. The limitations above do not apply to claims for personal injury, to cases of fraudulent concealment, to goods that have become part of a building and caused its defectiveness, or to any statutory obligation to provide updates for goods with digital elements where such obligations apply.
7.4 Inspection and notice for business customers. Business customers must inspect and notify defects without undue delay in accordance with commercially reasonable standards. If this duty is breached the goods are deemed approved.
7.5 Transport damage. Consumers are asked to notify the carrier of obvious transport damage and inform us. Failure to do so does not affect mandatory rights.
8. Liability
8.1 We are liable without limitation for intent and gross negligence, for injury to life, body or health, for express guarantees if agreed and where liability cannot be limited under applicable law.
8.2 In cases of simple negligence we are liable only for breaches of essential contractual duties and then limited to foreseeable and typical damage. Essential duties are those necessary to achieve the purpose of the contract and on which you may regularly rely.
8.3 To the maximum extent permitted by law, we exclude liability for indirect, incidental, special, punitive or consequential damages, and our total liability for any claim is limited to the amount you paid for the product that gave rise to the claim.
8.4 These rules also apply to our legal representatives and service providers.
8.5 Some states do not allow the exclusion or limitation of certain damages, so the above may not apply to you in whole or in part.
9. Applicable Law
9.1 For customers whose shipping address is in the United States, these Terms and any dispute arising out of or relating to them are governed by the laws of the State of [Select governing state, e.g., Delaware or New York], without regard to its conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
9.2 If you reside outside the United States, mandatory protections of the law of your habitual residence remain unaffected to the extent they cannot be waived by agreement.
10. Alternative Dispute Resolution
10.1 If you have a concern, please contact us first at contact@velorashop.net. We will try to resolve disputes informally.
10.2 We are not obliged and not willing to participate in any consumer arbitration scheme unless required by applicable law. This does not prevent you from seeking remedies in a court of competent jurisdiction or in small claims court where available.