Terms & Conditions
These GTCs can be accessed, printed and downloaded or saved at any time, even after conclusion of the contract, under the link "GTCs" accessible from any of the Smartfit websites.
Please also note the information on the right of withdrawal in section 3.
General Terms and Conditions of Radlabor GmbH
(including information on the right of withdrawal)
(1) All business relations with customers of Radlabor GmbH are based on the following General Terms and Conditions (GTC). These are acknowledged by placing the order and also apply to future business relationships.
(2) These GTC regulate the contractual relationship between the customer (client) and Radlabor GmbH, regardless of whether the customer purchases a service or a hardware product.
(3) The user concludes the contract with Radlabor GmbH, Heinrich-von-Stephan-Str. 5c, 79100 Freiburg. Further contact details can be found on the Radlabor GmbH homepage (www.smartfit.bike).
2 Scope/subject matter
2.1 Transfer of goods, purchase of goods
These General Terms and Conditions apply to contracts and measures of Radlabor GmbH which have as their object the transfer of items for permanent use as rental items or the purchase of goods.
3 Right of withdrawal
For the client as a consumer, the right of revocation formulated under points 3.1, 3.2 and 3.3 applies.
3.1 Right of revocation
(1) You may revoke your contractual declaration within two weeks without stating reasons in text form (e.g. letter, fax, e-mail) or - if the item is delivered to you before the deadline - by returning the item. The period begins after receipt of this notification in writing, but not before receipt of the goods by the consignee (in the case of recurring deliveries of similar goods not before receipt of the first partial delivery) and in the case of services as performance not before conclusion of the contract and also not before fulfillment of our obligations to provide information pursuant to § 312c paragraph 2 BGB in conjunction with § 1 paragraph 1, 2 and 4 BGB-InfoV.
(2) The timely dispatch of the revocation or of the item shall be sufficient to comply with the revocation period, insofar as the services consist in the surrender of items. The revocation is to be sent to: Radlabor GmbH, Schwarzwaldstr. 175, 79117 Freiburg, fax: +49 (0) 761 45876059, e-mail: info(at)smartfit.bike.
3.2 Consequences of revocation
(1) In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived shall be surrendered.
(2) If you are unable to return the performance received in whole or in part or only in a deteriorated condition, you may be required to compensate us for the loss in value. This may mean that you must nevertheless fulfill the contractual payment obligations for the period until revocation. This does not apply to the surrender of goods if the deterioration of the goods is exclusively due to their inspection - as would have been possible for you in a store, for example. In addition, you can avoid the obligation to pay compensation for a deterioration caused by the intended use of the goods by not using the goods as if they were your property and refrain from doing anything that would reduce their value.
(3) Items that can be sent by parcel post are to be returned at our risk. You shall bear the costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 40 euros or if, in the case of a higher price of the goods, you have not yet provided the consideration or a contractually agreed partial payment at the time of the revocation. Otherwise, the return shipment is free of charge for you. Items that cannot be sent by parcel post will be collected from you.
(4) Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your revocation or the goods, for us with their receipt.
3.3 Special notes
(1) Your right of revocation expires prematurely if the contract has been completely fulfilled by both parties at your express request before you have exercised your right of revocation.
4 Prices & Payment
(1) The prices stated on the Radlabor GmbH homepage at the time of booking/ordering apply, otherwise the price stated in the written order confirmation.
(2) Unless otherwise agreed in writing, all payments are due without deduction immediately after Radlabor GmbH has provided the service. In the case of invoicing, the amount is due without deduction within 14 days of the invoice date.
5 Conclusion of contract
(1) By clicking the "Book" button, the customer places a binding order with Radlabor GmbH for the products selected by him in the booking tool. Confirmation of receipt of the order will be sent by email after the booking has been sent. The purchase contract is concluded in the case of the purchase of a service with the dispatch of our confirmation or in the case of the purchase of goods with the delivery of the goods.
6 Delivery & Service
(1) In the case of the purchase of an item, the customer's obligations include, if applicable, the written transmission of the necessary information to specify the item in more detail (e.g. information on bicycle or body measurements when ordering bicycle parts or clothing).
7 Data protection
(1) Radlabor GmbH is aware that it is extremely important to its customers that all personal data which the customers transmit to Radlabor GmbH is handled in a particularly sensitive manner. Radlabor GmbH therefore observes the relevant statutory data protection requirements (German data protection laws, European data protection directives). Radlabor GmbH will not pass on users' personal data to third parties without authorization or otherwise bring it to the attention of third parties. Details on the processing of user data are regulated in the Radlabor GmbH data protection regulations, which can be viewed, downloaded and printed on the Radlabor homepage.
9 Limitation of liability for online services
(1) The use of databases and other products and services of Radlabor GmbH is at the user's own risk. This refers in particular but not exclusively to the functionality and freedom from viruses of databases, programs, Internet pages, newsletters, e-mails, documents and other data via the Internet.
(2) Radlabor GmbH points out that restrictions or impairments of the services provided by Radlabor GmbH may arise which lie outside the sphere of influence of Radlabor GmbH. This includes in particular actions by third parties who are not acting on behalf of Radlabor GmbH, technical conditions of the Internet which cannot be influenced by Radlabor GmbH and force majeure.
10 Warranty & liability for goods
(1) For the goods supplied by Radlabor GmbH, the latter assumes warranty and liability only to the extent that the respective manufacturer of the goods assumes warranty and liability. Further claims for damages of any kind are excluded if Radlabor GmbH cannot be proven to have acted with intent or gross negligence.
(2) The warranty for goods supplied by Radlabor GmbH expires 6 months after delivery to the customer, unless the statutory regulations provide for a longer warranty period. The statutory obligations to examine and give notice of defects apply to all deliveries and services of Radlabor GmbH. Only the direct customers of Radlabor GmbH are entitled to raise warranty claims.
(3) The warranty for reconditioned or used goods is 12 months.
11 Trademark, brand and/or patent protection
(1) Designations, brand names and illustrations used are generally subject to trademark, brand and/or patent protection of the respective owners. A reproduction of corresponding terms or illustrations on the Radlabor GmbH homepage or the TTM online service does not entitle the user to assume that these terms, illustrations, software, HTML/Java/Flash source codes, photos, videos, graphics, music and sounds can be freely used by anyone, even without special marking.
(2) The downloading and use of copyrighted material provided by Radlabor GmbH or by third parties is permitted to the TTM user (profile owner) exclusively for private use, as long as this is done within the framework of the applicable legal provisions and these terms and conditions. However, the TTM user may not copy, reproduce, transfer, distribute, publish, commercially exploit, transfer in electronic or other form to another data format or use this material in any other way beyond this scope.
(3) To the extent that work results are copyrightable, Radlabor GmbH remains the copyright holder. In these cases, the user receives the unrestricted, otherwise temporally and geographically unrestricted, irrevocable, exclusive and non-transferable right of use to the work results.
12 Final provisions
(1) The contract and its amendments must be in writing. Subsidiary agreements do not exist.
(2) Radlabor GmbH reserves the right to change these GTC at any time without stating reasons, unless this is unreasonable for the user. Radlabor GmbH will notify the user of changes to the GTC in good time. If the user does not object to the validity of the new GTC within two weeks of notification, the amended GTC are deemed to have been accepted by the user. Radlabor GmbH will inform the user in the notification of his right to object and the significance of the objection period.
(3) Unless otherwise agreed, the user can submit all declarations to Radlabor GmbH by e-mail or send them to Radlabor GmbH by fax or letter. Radlabor GmbH can transmit declarations to the user by e-mail or by fax or letter to the addresses which the user has entered as current contact data in his TTM profile.
(4) Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. The contracting parties undertake to replace an invalid provision with a valid provision that comes as close as possible to the economically intended meaning and purpose of the invalid provision. This shall apply mutatis mutandis in the event of gaps in the contract.
(5) Unless otherwise agreed, the place of performance is the registered office of Radlabor GmbH.
(6) The place of jurisdiction, insofar as legally permissible, is the registered office of Radlabor GmbH.
(7) German law applies to the exclusion of international private law and the UN Convention on Contracts for the International Sale of Goods incorporated into German law.
Phone +49 (0)761 45 87 60 5
Fax +49 (0)761 45 87 60 59
AG Freiburg, HRB 701437
Managing director: Dr. Björn Stapelfeldt & Andreas Bruch