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Trade partner:
HAWK Bikes E&M GMbH
Geschäftsführer Lorenz Hoser
Rheinstraße 11
12159 Berlin
Geschäftsführer: Lorenz Hoser
Sitz der Gesellschaft: Berlin, HRB 72958
UST.-Id Nr./ VAT-No DE DE 812 76 1543
St.-Nr. 30/027/01659

1. conclusion of contract
The contract with HAWK Bikes E&M GmbH is valid from the delivery of goods to the client.

2. Shipping costs in Germany
The shipping costs in Germany are EUR 5,00 up to a value of goods EUR 99,99 From a value of goods EUR 100,00 the HAWK Bikes E&M GmbH delivers free of charge. This counts for deliveries in Germany only. If the value of goods descents under 100EUR (due to the return of an item), the shipping costs are payable afterwards. If the goods are shipped out per "cash on delivery" there are payable addaed costs 10 EUR. Shipping costs out of Germany please see separately  shipping costs list.

3. payment method

a) Prepayment: The HAWK Bikes E&M GmbH delivers after receipt of money. After your order, you will get a proforma invoice with information about the delivery date. Please use this proforma invoice for your payment. Please don`t forget to declare Kd.Nr. and Bel.Nr. on transfer voucher.

b) Cash on delivery: This payment method is possible in Germany and for a value of goods up up to 2500 EUR only. Independent of value of goods are 10 EUR payable. 

c) Payment for custom-made devices: If products will be ordered according to plan (such as custom paint job, secial specifications and so on) there are payable 10% in advance after order confirmation and payable 90% before shipment per prepayment.

5. 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 - 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 312e 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):

HAWK Bikes E+M GmbH
Pichelswerder Str. 6
13597 Berlin


Fax: +49 (0)30 447221-500
E-Mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it
www.hawkbikes.com

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 the performance received from Bike24 at all or not completely or only in a worsened condition, you may have to compensate Bike24 to this extent. For surrender of goods this shall not apply if the worsening of the good is exclusively based on a check that you would be able to make in a shop, for example. Moreover, you may prevent your obligation to compensate the value by not using the good as an owner would use it and by omitting everything that affects its value.

Goods that can be sent as a parcel have to be returned at our risk. You have to bear the 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, by Bike24. 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 receive of the good.

The right of rescission is not valid for second hand articles (testbikes and so on) or custom detailings, which are different to the series specification. (z.B. custom paint jobs, secial specifications and so on. The right of rescission is invalid if the product is used obvious.


End of instructions on cancellation


6. Warranty

A warranty of 24 months is valid for completed bikes, frames and componenets. Corresponding to the respective state of the art HAWK Bikes guarantee an accuracy for the goods in view of material, function and processing. To the agreed complexion belongs also that the specification of the delivered item can deviates from the series specification of the ordered good. The deadline of warranty begins with the delivery of the goods via the bicycle dealers or HAWK bikes to the client. As certificate of sales date please save the receipt for the continuance of warranty period.

No claim under guarantee exist if:

- the goods are not used as intended

- there are any mistakes during handling

- expendable part: chain, sprockets, chain wheels, rear and front derailleur, bearings and axles, derailleur and brake cables, brake pads, brake discs, rims (if rim brakes), tires, grips, guide bushing and fictions on suspension systems

- damages by incorrect realized repairs, conversions, additions, accidental damage (if not caused by produts mistakes)

- damages on surfaces, caused by weather, clamminess and environmental impacts (especially by saline air)

- damages on surface, caused by careless cable laying

- reckless and intentional damages

- improper cleaning, for example via high pressure water, acrid cleaning materials or equal

Warranty claims are valid only if the client can shows the receipt to the seller of the bike or another accepted bicycle dealer. For decision about a warranty claim, generally a consultation with HAWK Bikes is necessary. There finally will be decided about the warranty claim. With the buying the client accept the warranty terms absolute.

7. Reservation of proprietary rights
Excessive the reservation of proprietary rights is the base for all deliveries. The transfer of property is valied if the client has comply with all obligations of all received deliveries. During current invoice counts the reserved property as safe for the current account balance claims. If the client acts contrary to contract (especially by delayed payment), the HAWK Bikes E&M GmbH is authorised to cancle the contract and authorised to reclaim the delivered goods. 

8. Privacy

HAWK Bikes E&M GmbH use all communicated personal datas (titel, name, address, birthday, e-mail address, phone number, fax number, banking account ) according to the regulations of German data privacy act. Your personal data, as far as necessary for statements, arangement of content or changes in the contractual relationship, will be exclusively used for the execution of orders placed with us or to supply you with our information. Your Data will not be parsed through to a third party.

9. Miscellaneous terms

Due to possible invalidities of one or more terms the validity of the remaining terms is not affected. Which effective term will be chosen to be classified as active does depend on which term does meet the the aimed economic goal the most.

10. Place of execution and place of jurisdiction:

For all demands, inclusive of change processes and document processes which accrue by the contractual relationship, Berlin and the geramn law are to apply. If HAWK Bikes E&M GmbH not accept, any regulations to the contrary are not legitimately. The general terms of HAWK Bikes E&M GmbH are applicable also if HAWK Bikes E&M GmbH act with acknowledged about adverse or aberrant requirements of the buyer.

These contract and delivery conditions are valid for for all futher contracts between HAWK Bikes E&M GmbH and the buyer, without any notification.


 
 
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