Terms and Conditions
1. Applicability and Scope
The following General Terms and Conditions (hereinafter referred to as “GTC”) apply to all business relationships between KL Bikes GmbH (hereinafter referred to as “KL Bikes”, “us” or “we”) and customers (hereinafter referred to as “customer”, “buyer” or “you”) for products (hereinafter referred to as “products” or “goods”) purchased via our website (hereinafter referred to as “online shop” or “website”). The online shop is operated by:
KL Bikes GmbH
Wiesenstrasse 11
9327 Tübach
UID No.: CH252.363.037
Phone: 076 434 28 92
Email: info@klbikes.ch
Individual agreements concluded with the customer take precedence over these GTC. Conflicting conditions of the customer are not recognized.
KL Bikes GmbH reserves the right to amend these GTC at any time. All changes become effective upon publication of the new GTC on the website. The relevant point in time for the applicability of the valid GTC when purchasing a product is the date on which the binding order is submitted to us.
Please read these GTC carefully before placing a binding order. By placing a binding order for our products, you agree to the following terms and conditions as well as our Privacy Policy, and you declare that you are authorized to enter into legally binding contracts and are at least 18 years old.
2. Conclusion of a Purchase Contract
The presentation of products in the online shop does not constitute a legally binding offer, but merely a non-binding online catalogue or a non-binding invitation to customers to order the product in the online shop.
KL Bikes GmbH expressly reserves the right to change the products themselves as well as the content, such as images, product range, prices and product descriptions, at any time and without prior notice. Illustrations, images, brochures, advertisements and other information relating to our products are for informational purposes only and are not binding for KL Bikes GmbH.
The customer may place a binding order for selected products via our online shop. The customer can place selected products in the “shopping cart”. This does not yet constitute a binding order.
An order is only considered binding once the customer clicks the “order with obligation to pay” button at the end of the ordering process on the order page. Before submitting the order, the customer can change and view the information at any time, identify any input errors and correct them before finally submitting the binding order.
An order confirmation will be sent to the customer immediately and automatically by email. This confirmation email contains the details of your order and the GTC accepted by you during the ordering process. The confirmation email only serves as information that we have received your order. The automatic order confirmation does not yet create a purchase contract.
By submitting the order, you confirm that you have read the GTC and agree to them without reservation. We recommend that you print out or save the GTC on your computer for the purpose of the online order and your records.
After you have placed a binding order, KL Bikes GmbH is free to either accept the order at its own discretion or reject it by sending a corresponding notification by email, without assuming liability toward you or third parties. Any payment already made will be refunded to you if the order is cancelled.
Reasons for rejecting an order may include, for example, if a product is no longer available, if we cannot obtain authorization for the customer’s payment, or if there is reason to believe that the customer is violating these GTC, individual contracts, is engaging in fraudulent or other criminal activities, or for another important reason.
Upon acceptance of the order, a binding purchase contract with the customer is created. This acceptance takes place through the dispatch of the ordered products.
Any commercial distribution or resale of our products is strictly prohibited.
Purchase / Cancellation via Ricardo
Purchases on the Ricardo platform are legally binding. So-called accidental purchases can be cancelled for a fee of CHF 230.00.
3. Availability and Reservation of Performance for Unavailable Products
All information regarding the availability, shipping and delivery of a product is preliminary information and approximate guidance only. It does not constitute binding or guaranteed shipping or delivery dates.
Liability for unavailable products or for delays in shipping or delivery is expressly excluded. Our products are available while stocks last.
If KL Bikes GmbH determines during the processing of your order that the products you ordered are not available, we will inform you immediately. In this case, no contract is concluded for the unavailable products, as the ordered products cannot be delivered.
Furthermore, we reserve the right to limit the number of items that may be purchased by a customer. In such a case, we will inform the customer accordingly by email.
4. Prices and Shipping Costs
Our products and prices correspond to those stated on the website. All prices are listed in CHF (Swiss francs) and include the statutory value-added tax (VAT) of 8.1%.
The total price of your order, including all additional and shipping costs, will be displayed at the end of the ordering process.
By placing a binding order, you declare that you agree to the total price for the ordered products. After the binding order has been placed, the price can no longer be adjusted.
KL Bikes GmbH reserves the right to change prices at any time. Products will be charged based on the prices offered at the time the binding order is submitted.
5. Payment Terms / Credit Check
Orders are generally due for payment immediately. The customer has the option to pay using the payment methods displayed on the website or during the ordering process. These may change from time to time.
We also reserve the right not to offer certain payment methods in individual cases and to refer the customer to other payment methods used by us, for example to secure our credit risk depending on the respective creditworthiness.
The customer expressly authorizes KL Bikes GmbH to carry out credit checks at its own discretion and, for this purpose, to pass on customer data to third parties if necessary.
By selecting the payment method, the customer authorizes the payment either by entering credit card details or access data for a payment service provider. The customer authorizes others on our behalf to accept or collect payments in the corresponding manner.
If chargebacks occur, KL Bikes GmbH is entitled to reimbursement of the associated costs and bank processing fees.
Furthermore, KL Bikes GmbH is not liable for any fees or other amounts that your card issuer or bank may charge you as a result of processing your payment according to your order.
If you pay by credit card or an alternative payment method, we reserve the right to check the validity of the card, verify the availability parameters for collection and address details, and request authorization from the card issuer or payment provider.
You also confirm that the credit card is valid and that the entered payment details are correct.
If payment is rejected, KL Bikes GmbH reserves the right to cancel the order and stop shipment of the products. In this case, we will contact you immediately.
When paying by invoice, the customer receives the invoice with payment slip either with the delivery of the goods or by email. Payment must be made using the payment slip within the payment deadline stated on the invoice.
If payment is not made on time, KL Bikes GmbH is entitled to charge its expenses for each reminder of at least CHF 50, as well as further costs associated with collection and the statutory default interest.
If debt enforcement proceedings become necessary, we will charge an additional processing fee of at least CHF 200.
6. Delivery Conditions
Delivery is generally carried out by KL Bikes GmbH or an external dispatcher.
For deliveries within Switzerland, shipping costs are not covered by KL Bikes GmbH.
Products ordered in our online shop that are in stock will be delivered to you, depending on the destination, within 14 working days after receipt of full payment.
You can use the tracking number to track the current location of your order.
If the products are marked as not in stock at the time of ordering, KL Bikes GmbH will make every effort to deliver the products as quickly as possible.
KL Bikes GmbH does everything possible to meet the stated delivery times. However, KL Bikes GmbH is not responsible for delivery delays, regardless of their cause.
We will inform you immediately of any delivery delays that occur. If the obstruction to performance lasts more than 3 weeks after the original delivery date, the customer is entitled to cancel the order.
Further claims, especially claims for damages, are excluded.
If delivery of the product fails due to the fault of the customer despite two delivery attempts, KL Bikes GmbH may withdraw from the contract. Any payments already made will be refunded immediately.
7. Retention of Title
KL Bikes GmbH remains the owner of the delivered products until they have been paid for in full.
8. Notice of Defects / Warranty
KL Bikes GmbH warrants that the goods correspond to the promised characteristics and do not have any defects that impair their value or suitability for the intended use.
After receiving the products, the customer must immediately check them for correctness, completeness and any damage. Defects or damage must be reported to KL Bikes GmbH within 5 working days.
Defects that could not be discovered during proper inspection and only appear later must be reported in writing immediately after their discovery.
If you do not inspect the defect or report it immediately, the goods are considered approved and you are no longer entitled to assert claims against us.
The statutory warranty provisions against manufacturing defects, material defects or production defects apply.
The warranty period for new products is 2 years from receipt of the product. For second-hand products, there is a 6-month warranty exclusively on drives with Bosch.
Special promotions, products declared as defective or products that do not have a Bosch drive are excluded from the warranty.
There is no warranty for wear parts, especially on second-hand bicycles.
Products damaged through the buyer’s own fault are excluded from the warranty.
The customer’s warranty claims are limited to replacement delivery or defect removal/repair, excluding all other claims, especially price reduction or compensation for indirect and consequential damages.
KL Bikes GmbH decides at its own discretion whether to provide replacement delivery or repair.
The defective product must be returned to the above-mentioned address of KL Bikes GmbH together with a copy of the invoice and a detailed description of the defect.
The return of a product is carried out at the customer’s expense and risk. Please have your return confirmed and keep this confirmation, as in the event of a lost parcel your warranty claim cannot be processed.
9. Registration for an Account
When registering a customer account, you can view information about your completed, open and recently shipped orders and manage and save your address details, any payment details and a possible newsletter.
Since your data is stored, you do not have to enter it again when making another purchase.
If you register for such an account, you are responsible for ensuring that the personal data required for registration is provided truthfully and completely.
You are obliged to treat your personal access data confidentially and not make it accessible to unauthorized third parties.
KL Bikes GmbH assures you that it will treat your data confidentially and not pass it on to unauthorized third parties.
Further information on data protection can be found in our Privacy Policy.
Registration is free of charge. Each customer is only entitled to maintain one customer account.
We reserve the right to delete multiple applications and to warn, block, delete or change the content of registered customers who violate these GTC or individual agreements.
KL Bikes GmbH is not obliged to accept the registration or order of a registered customer.
10. Claims and Complaints
We place great importance on customer satisfaction. You can contact us at any time using the contact information provided at the beginning.
We strive to review your inquiries and complaints as quickly as possible and will contact you after receiving the documents, your submission or complaint.
If you have claims or complaints, please help us by informing us of the exact problem or signs of error and, if applicable, by providing a copy of the order documents or at least stating the order number, customer number, etc.
We aim to respond to you within 5 working days.
11. Liability
KL Bikes GmbH is liable for breaches of its own obligations under these GTC and the contractual relationships based on them for damages caused by unlawful intent or gross negligence and proven by the customer.
Liability for slight and medium negligence as well as for indirect and consequential damages is expressly excluded, whether based on contract, tort or any other reason.
Indirect damages include, for example, lost profit, financial losses, reputational damage or data loss due to temporary impairments or interruptions in the availability of KL Bikes GmbH’s services.
In addition, KL Bikes GmbH assumes no contractual or non-contractual liability for damages caused by auxiliary persons used to provide the service.
The above exclusions and limitations of liability of KL Bikes GmbH do not apply in cases of culpable injury to life, body and health directly caused by KL Bikes GmbH, or in cases of mandatory statutory provisions, including the provisions of the Product Liability Act.
Subject to the above, total liability under these GTC, regardless of the reason and to the extent permitted by law, is limited to the price of the goods that the customer ordered from us.
Event Outside Our Control
If an event occurs that is outside our sphere of influence and control, known as force majeure, we assume no liability or responsibility for the non-performance or delayed performance of any obligations under these GTC and the contractual relationship based on them.
An event outside our control exists, for example, in the following cases: strikes, lockouts or other industrial actions by third parties, invasions, terrorist attacks, war, fire, explosions, storms, floods, earthquakes, epidemics, pandemics, other natural disasters, failure of public or private communication networks, or the impossibility of using rail, shipping, air, motor vehicle routes or other means of public or private transport.
If an event outside our control occurs that affects the fulfillment of our contractual obligations, we will inform you as soon as possible.
12. Data Protection
KL Bikes GmbH collects and processes personal data only within the framework of legal provisions, in particular in compliance with applicable data protection laws.
Further information on the processing of your personal data, your rights and related matters can be found in our Privacy Policy, which forms an integral part of these GTC.
13. Copyright
The information and content published on the website are protected by copyright and are the property of KL Bikes GmbH or the respective rights holder.
Reproduction, editing, distribution or any other form of exploitation requires the prior written consent of the respective rights holder.
KL Bikes GmbH and the relevant rights holder expressly reserve all related rights.
14. Severability Clause
If any provision of these GTC is or becomes unlawful, invalid or unenforceable for any reason, this shall not affect the validity of the remaining provisions.
Unless otherwise agreed, the invalid provision shall be deemed replaced by a valid provision that most closely reflects the economic purpose of the provision and the intention of the parties at the time the contract was concluded.
The same applies to any gaps in these GTC.
15. Applicable Law and Place of Jurisdiction
These GTC, the contractual relationships based on them and any disputes are governed exclusively by substantive Swiss law, excluding conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The place of jurisdiction for natural persons is the registered office of KL Bikes GmbH or the customer’s place of residence.
For legal entities, the registered office of KL Bikes GmbH is the exclusive place of jurisdiction.
