General Terms and Conditions

General Terms and Conditions ("GTC") for all contracts concluded by consumers or entrepreneurs as customers (hereinafter "you" or the "customer") with Spoks Bike Repair GmbH, Thomasstrasse 75, 12053 Berlin, Commercial Register Berlin-Charlottenburg HRB 264223 B (hereinafter "Spoks" or "we") for repair or other services. The customer's general terms and conditions shall not apply unless the parties have expressly agreed to their inclusion.

Placing an order

Unless otherwise stated, repair and service orders for bicycles and other contract items (hereinafter referred to as "contract items") can be placed via our website (https://www.spoks.de/) or in the workshops operated by Spoks. All offers listed on the website and in our workshops are subject to change and are not an offer in the legal sense. 

If you have provided the required information on the subject of the order on the website, selected the desired (repair) service or goods, selected the desired delivery date, clicked the "Accept GTC" box and sent the order to us by clicking the "Place order subject to payment" button, you are submitting a legally binding offer to us to conclude a contract for the (repair) services you have selected. You can change the selected services at any time before submitting the order.

Once we have received your order, you will receive an automatically generated summary of your order, including the expected completion date. This is a non-binding confirmation of receipt so that you know that your order has arrived and which service you have selected. A legally binding contract is only concluded between us when we confirm the order or when Spoks starts to perform the service.

The stated delivery or completion dates are non-binding, unless expressly agreed otherwise in individual cases.

By submitting the order and/or registering on our website, you confirm that all the information contained therein, in particular your name, e-mail address and payment information, is correct. You must inform us immediately of any changes.

Price quotations & order adjustment

The estimated final price stated in the order is a non-binding cost estimate based on the current price list, which can be viewed when the order is placed (also available on our website and in the Spoks workshops). 

If it transpires after delivery of the order item to the Spoks workshop that the non-binding cost estimate from Spoks on which the order is based is likely to be significantly exceeded, we will inform you of this immediately by e-mail and send you a new cost estimate. You then have the option of placing the order again via the website, taking into account the adjusted cost estimate, or canceling the order. 

In the event of cancellation, we may demand a portion of the remuneration corresponding to the work already performed and reimbursement of expenses not included in the remuneration. In this case, Sections 3.5, 3.7 and 3.8 shall apply accordingly to the collection of the object of the order.

As a rule, an overrun of more than 10% is considered a significant overrun of the estimated costs.

A binding price quotation in exceptional cases is either designated as such in the offer or must be agreed by the parties on a case-by-case basis. Spoks is bound to binding cost estimates for a period of 3 weeks.

In addition to the prices, Spoks also indicates the applicable sales tax.

Delivery, acceptance & collection of the object of the order

In order for us to be able to provide the services you have requested, you must deliver the order item to the Spoks workshop of your choice by the deadline you have selected. You can cancel your order at any time free of charge until the item has been delivered to the Spoks workshop.

After the order item has been delivered to our Spoks workshop, you will receive an e-mail confirmation from us about the delivery.

If the order item is not delivered to the Spoks workshop by the deadline, you will automatically be assigned a new deadline. You can adjust this individually via the website.

If the second deadline is also not met, Spoks reserves the right to cancel the order.

After completion of the order, you will receive our notice of completion and invoice by e-mail. You are obliged to collect the object of the order within 1 week of receipt of the e-mail with our notification of completion. For repair work carried out within one working day, this period is reduced to 2 working days. In the event of non-acceptance, Spoks may exercise its statutory rights.

Acceptance shall take place in the selected Spoks workshop, unless otherwise agreed.

In the event of a delay in acceptance by the customer, Spoks may charge the customary local storage fee. In this case, the object of the order may also be stored elsewhere at our discretion. The costs and risks of storage shall be borne by the customer.

In the event of a delay in acceptance of more than one calendar year, we reserve the right to dispose of the ordered item and to invoice the customer for the costs incurred.

Invoice & Payment

You will receive the invoice for the services provided by Spoks with the completion notification by e-mail.

We will show the individual price components (work, spare parts and materials used) and VAT separately on the invoice.

The invoice sent by Spoks is due for payment upon acceptance and collection of the object of the order and delivery or sending of the invoice, but at the latest within 1 week of sending the notice of completion and invoice to the customer.

You can pay your invoice online via the website by direct debit or credit card. Alternatively, you can also pay cashless at the Spoks workshop using a credit or debit card.

A correction of the invoice by Spoks and a complaint by the customer must be made no later than 6 weeks after receipt of the invoice.

The customer may only offset against claims by Spoks if the customer's counterclaim is undisputed or a legally valid title exists. This does not apply to counterclaims of the customer arising from the same order. The customer may only assert a right of retention if it is based on claims from the same contractual relationship.

Spoks reserves the right to demand an appropriate advance payment in individual cases.

In the event of a delay in payment, we are entitled to charge interest on arrears at a rate of 5% p.a. above the prime rate (§ 247 BGB). We reserve the right to provide evidence of higher damages.

Extended lien

Spoks is entitled to a contractual lien on the items that have come into our possession as a result of the order due to the claims against the customer arising from the order.

The contractual lien may also be asserted for claims arising from work carried out earlier, deliveries of spare parts and other services, insofar as they are connected with the subject matter of the order. The contractual lien shall only apply to other claims arising from the business relationship insofar as these are undisputed or a legally binding title exists and the object of the order belongs to the customer.

Liability for material defects

The customer's claims for material defects shall become time-barred one year after acceptance of the ordered item. If the customer accepts the object of the order despite being aware of a defect, he shall only be entitled to claims for material defects if he reserves the right to do so upon acceptance.

If the subject of the order is the delivery of movable goods to be manufactured or produced and if the customer is an entrepreneur who is acting in the exercise of his commercial or independent professional activity when concluding the contract, the customer's claims for material defects shall become time-barred one year after delivery. For other customers (consumers), the statutory provisions shall apply in this case.

If Spoks is liable under the statutory provisions for damage caused by slight negligence, Spoks shall be liable subject to the following limitations:

Liability shall only exist in the event of a breach of material contractual obligations, such as those which the order specifically intends to impose on Spoks or the fulfillment of which is essential for the proper execution of the order and on compliance with which the customer regularly relies and may rely. This liability is limited to the typical damage foreseeable at the time the contract was concluded.

The personal liability of legal representatives, vicarious liability and employees of Spoks for damage caused by them through slight negligence is excluded.

The above clauses 6.1, 6.2 and 6.3 do not apply to damage caused by grossly negligent or intentional breach of obligations by Spoks, our legal representatives or our vicarious agents, or in the event of injury to life, limb or health.

Irrespective of any fault on the part of Spoks, any liability on the part of Spoks for fraudulent concealment of the defect, from the assumption of a guarantee or a procurement risk and under the Product Liability Act remains unaffected.

If a defect is to be rectified, the following applies:

The customer must assert claims for material defects directly with Spoks; in the case of verbal complaints, Spoks will provide the customer with written confirmation of receipt of the complaint.

If the object of the order becomes inoperable due to a material defect, the customer may, with our prior consent, contact another bicycle workshop (master workshop). In this case, the customer must have it included in the order form that the defect is to be rectified by Spoks and that removed parts are to be kept available for a reasonable period of time. Spoks is obliged to reimburse the repair costs demonstrably incurred by the customer.

In the event of rectification of defects, the customer may assert claims for material defects based on the order for the parts installed to rectify the defect until the expiry of the limitation period for the object of the order. Replaced parts shall become the property of Spoks.

Liability for other damages

Liability for the loss of money and valuables of any kind that are not expressly taken into safekeeping is excluded.

Other claims of the customer that are not regulated in Section 6 shall become time-barred within the regular limitation period.

The provisions in Section 6, Clauses 6.3, 6.4 and 6.5 apply accordingly to claims for damages against Spoks.

Retention of title

Insofar as installed accessories, spare parts and other materials have not become essential components of the subject matter of the order, Spoks shall retain title to them until full and uncontested payment has been made.

Vouchers

Where Spoks offers vouchers, these can be redeemed for the purchase of goods or the payment of (repair) services from us. However, they cannot be used for the purchase of further vouchers. 

The credit balance of a voucher is in euros and does not bear interest. Cash redemption is not possible. Nor can a voucher be subsequently offset after an order has been placed.

Electronic vouchers are issued in pdf format.

Unless otherwise specified on the voucher, Spoks vouchers are transferable and valid for 2 years from the date of issue. Duplication, editing or manipulation of the vouchers is not permitted. We accept no liability for the loss, theft or illegibility of vouchers or for spelling mistakes in the e-mail address of the voucher recipient and cannot replace the voucher.

Data protection

We collect and store the data of our customers required for business transactions. We comply with the statutory provisions when processing personal data. Details can be found in our online privacy policy. You can obtain information about the personal data stored about you at any time.

You agree that the contract-related communication with you will take place in electronic form.

Final provisions

Contracts between Spoks and the customer shall be governed by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the country in which the customer as a consumer has his habitual residence, remain unaffected.

The contract is concluded in German. The order text is not stored by us and can no longer be retrieved after the process has been completed. However, you can print out your order data immediately after sending the respective order.

If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of Spoks.

Should individual provisions of these GTC be or become invalid and/or contradict the statutory provisions, this shall not affect the validity of the remaining GTC. The invalid provision shall be replaced by the contracting parties by mutual agreement with a provision that comes closest to the economic purpose of the invalid provision in a legally effective manner. The above provision shall apply accordingly in the event of loopholes.

Right of withdrawal and withdrawal policy

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period is 14 days from the date of conclusion of the contract.

To exercise the right to cancel, you must inform us (Spoks Bike Repair GmbH, address and, if available, telephone number, fax number and e-mail address) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Consequences of revocation

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.

If you have requested that the services should commence during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the point in time at which you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.

The right of revocation expires prematurely if we have provided the service in full and have only begun to provide the service after you have given your express consent and at the same time confirmed your knowledge that you have exercised your right of revocation in the case of

complete fulfillment of the contract by us.

Sample withdrawal form

To Spoks Bike Repair GmbH, Thomasstrasse 75, 12053 Berlin, phone: 01724360976, e-mail: info@spoks.de

I/we (*) hereby revoke 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 notification on paper)

Date

(*) Please delete as applicable