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General Terms and Conditions of Escalla GbR - valid from October 27th 2011

§ 1 Scope
Only the following General Terms and Conditions as amended at the time of the purchase order apply to the business relation between you and Escalla GbR, of Budapester Str. 55,, 01069 Dresden (Escalla). Escalla GbR (hereinafter referred to as Escalla) will not accept any deviating conditions of you unless Escalla has expressly agreed in writing.

§ 2 Partners to the contract
Escalla is operated by Escalla GbR, of Budapester Str. 55, 01069 Dresden. If a contract is concluded (see § 3), Escalla GbR shall be your partner to the contract.

Escalla GbR
Budapester Str. 55
01069 Dresden
Germany
E-mail: info (@) escalla.eu
www.escalla.eu

§ 3 Conclusion of the contract
By your purchase order, you submit a binding offer to conclude a contract, to Escalla. The purchase contract is caused by Escalla accepting your purchase offer by the dispatch of the good. The automatic confirmation e-mail after the receipt of the purchase order does not constitute an acceptance by Escalla. It only confirms that Escalla received your offer to purchase. For cash in advance payment Escalla submits the bank account information by e-mail. This e-mail does not constitute an acceptance by Escalla.

The text of the contract is stored. The automatic confirmation e-mail after the receipt of the purchase order contains the purchase order data. At any time you are able to visualise or download Escalla's General Terms and Conditions on this site.

§ 4 Instruction on your right to cancel
Instructions on cancellation

Right to cancel

You are entitled to cancel your offer to conclude a contract within 14 days, with no necessity to state reasons, in text form (e.g. by letter, fax, e-mail), or - if the good is handed over to you before the expiry of the period - also by returning the good. This period starts on receipt of these instructions in text form, but not until the receipt of the good by the recipient and not until the performance of our obligations to inform according to Article 246 Paragraph 2 in connection with Paragraph 1 Clause 1 and Clause 2 EGBGB and our obligations according to Paragraph 312g Clause 1 Sentence 1 BGB in connection with Article 246 Paragraph 3 EGBGB. The on-time dispatch of the cancellation or good respectively will do to comply with the period for cancellation. The cancellation has to be addressed to (Address where also court documents can be served to):

Escalla GbR

Budapester Str. 55

01069 Dresden

E-Mail: info at escalla.eu

Fax:  0049 (0)351   42644585

Consequences of cancellation

In case of a valid cancellation, the bilaterally received performances have to be returned, as are any possible benefits (e.g. interest). If you are not able to return or hand over the performance and uses (e.g. compensation for use) received from Bike24 or not completely or only in a worsened condition, you may have to compensate Bike24 to this extent. Worsening of the goods and benefits made from that use only have to be compensated for if the use or the worsening of the goods are a result of using the goods to an extend which goes beyond the check of the features or function. Checking the features or function equates to the tests and checks of the corresponding goods which would be common and possible to be made in a shop, for example.

Goods that can be sent as a parcel have to be returned at our risk. You have to bear the regular cost of the return, if the good supplied is in conformity with the ordered one and if the price of the returned good does not exceed the amount of 40 EUR or, in case of a higher price, if you have not yet performed the consideration or a contractually agreed part payment at time of the cancellation. Otherwise, the return is free of charge for you. Any goods that cannot be sent as a parcel will be collected at your place. Obligations to refund payments have to be fulfilled within 30 days. For you this period starts with the dispatch of the cancellation or good respectively. For us the period starts with the receipt of the good.

End of instructions on cancellation

§ 5 Exclusion of right to cancel

No such right to cancel exists for you if you are entrepreneur in the sense of section 14, subsection 1 BGB (Civil Code) and you act in the performance of your business or freelance activity.

The right to cancel does not apply in the case of data media with audio or video recording or software, if you have unsealed the data medium.

The right to cancel does not apply if goods have been custom build or assembled to your specifications, as long as the single parts can only be separated with disproportional efforts or with significant adverse effects on function or condition of the parts.

§ 6 Delivery, later delivery
If not otherwise agreed, the delivery will be made to the delivery address you indicated. Any statements about the term of delivery are unbinding unless the date of delivery is stated bindingly in exceptional cases.

In individual cases, Escalla offers you that a product not available at this time will be sent to you on a later date, as soon as available (later delivery). You will not pay any further shipping cost or fees for cash on delivery for later deliveries.

§ 7 Exchange
Escalla is not obligated to exchange faultless goods. Escalla will normally comply with your request to exchange, as far as it is possible. Escalla shall be entitled to claim shipping cost for the shipment of the exchanged good. Your right to cancel (compare §4) is not limited or excluded in any way by this provision.

§ 8 Payment
If you are a buyer from Germany you can pay Escalla by cash on delivery, credit card (Mastercard, Visa, American Express), Paypal and advance payment. We ask our customers from abroad to pay by credit card, Paypal or advance payment only.
Payment by credit card will only be triggered off when the good is dispatched.
If paying by advance payment, you will transfer the money directly into our bank account in advance. Please keep in mind that you have to borne bank fees which might be charged with advance payments from abroad. Escalla has to receive the total invoice amount.

§ 9 Due date and delay
The purchase price will become due immediately on the conclusion of the contract. In the case of an order per invoice the invoice will contain the due date. If you are delayed with paying, Escalla is entitled to charge interest on defaulted payment.

§ 10 Reminder fees
If you do not pay the purchase price after the first reminder, Bike24 is entitled to charge a reminder fee of 4 EUR for the second reminder.

§ 11 Set-off, right of retention
You shall only be entitled to offset if your counterclaims are res judicata or acknowledged by Escalla. In addition, you shall only be entitled to exercise your right of retention if your counterclaim is based on the same contractual relation.

§ 12 Retention of title
The good remains the property of Escalla until full payment.

§ 13 Warranty for defects and liability
The statutory warranty conditions shall apply. The warranty period is 2 years and commences on handing over the good. Your warranty claims are limited to subsequent compliance (removal of defects or replacement) in the first place.

Unless otherwise stated below, any further claims are excluded, irrespective of which cause in law. Escalla therefore shall not be liable for losses not incurred at the supplied good itself. Notably, Escalla shall not be liable for lost profit or other economic loss. To the extent to which the liability of Escalla is excluded or limited, this shall also apply for the personal liability of employees, agents and vicarious agents.

The above limitation of liability shall not apply if the cause for the loss is based on intent or gross negligence or if injury of life, body, or health is involved. Also, the limitation of liability shall not apply if your raise claims based on §1, §4 Produkthaftungsgesetz (product liability act). Furthermore, the limitation of liability shall not apply at breach of a significant contractual duty.

§ 14 Data protection and data security
Your personal data, such as credit card number, postal code, bank account number, name, and address entered in the scope of the purchase order will be encoded and therefore secured against unauthorized access on the Internet. Escalla uses a safe transfer process, the so-called "Secure Socket Layer" (SSL).

By placing the purchase order, you declare to agree that Escalla stores, processes, and uses in the scope of the customer relation your personal data contained in the purchase order.

For more information concerning the protection of your personal data please see Escalla's Privacy Policy.

§ 15 Applicable law
The entire legal relation between you and Escalla is based on the German law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.