General Terms & Conditions

1. Scope

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Hold My Bike FlexCo (hereinafter referred to as "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller through the Seller’s online shop. Any inclusion of the Customer’s own terms and conditions is expressly objected to unless otherwise agreed.

1.2 A consumer, for the purposes of these GTC, is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.

1.3 An entrepreneur, for the purposes of these GTC, is a natural or legal person or a legally capable partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2. Conclusion of Contract

2.1 The product descriptions in the Seller's online shop are non-binding offers; they serve as invitations for the Customer to submit a binding offer.

2.2 The Customer can submit their offer via the online order form integrated into the Seller’s online shop. By placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding offer for the goods in the shopping cart by clicking the button that finalises the order.

2.3 The Seller may accept the Customer's offer within five days by:

- Sending the Customer a written order confirmation or an order confirmation via email (receipt by the Customer is decisive); or
- Delivering the ordered goods to the Customer (receipt by the Customer is decisive); or
. Requesting payment from the Customer after the order has been placed.

If multiple alternatives exist, the contract is concluded at the point when one of the alternatives occurs first. The acceptance period starts the day after the Customer sends the offer and ends five days later. If the Seller does not accept the offer within this period, the offer is considered rejected, and the Customer is no longer bound by it.

2.4 If a payment method offered by PayPal is selected, payment is processed via PayPal, subject to PayPal’s terms and conditions, which can be viewed at https://www.paypal.com. In this case, the Seller declares acceptance of the Customer's offer at the time the Customer initiates the payment.

2.5 If the payment method "Amazon Payments" is selected, payment will be processed via Amazon Payments Europe, and the Seller declares acceptance of the Customer's offer when the Customer initiates the payment process.

2.6 The contract text will be saved by the Seller and sent to the Customer after the order has been completed. If the Customer has an account with the Seller's online shop, the order data will be archived in the Customer's user account and can be accessed via a password-protected login.

2.7 Before submitting a binding order, the Customer can check for input errors using the information displayed on the screen. Common browser functions such as zoom can help identify input errors more easily. The Customer can correct input errors using the standard keyboard and mouse functions until the order is finalised.

2.8 Different languages are available for the conclusion of the contract. The specific language options are displayed in the online shop.

2.9 Order processing and communication generally take place via email. The Customer must ensure that the email address provided is correct and able to receive emails from the Seller.

3. Right of Withdrawal

3.1 Consumers are entitled to a right of withdrawal.

3.2 More detailed information on the right of withdrawal can be found in the Seller's cancellation policy.

4. Prices and Terms of Payment

4.1 Unless otherwise stated, prices include statutory value-added tax. Additional delivery and shipping costs are indicated separately in the product description.

4.2 For deliveries outside the European Union, additional costs may arise (e.g., transfer fees or customs duties), for which the Customer is responsible.

4.3 The payment options are communicated in the Seller's online shop.

4.4 If a payment method via PayPal is selected, the payment will be processed through PayPal. If the Seller offers a payment method that includes advance payments (e.g., purchase on account), PayPal or a payment service provider commissioned by PayPal will handle the transaction.

4.5 If "SOFORT" is selected, the payment will be processed via SOFORT GmbH. The Customer must have an online banking account and confirm the payment process.

4.6 If a payment method offered by Shopify Payments is selected, the payment will be processed by Stripe Payments Europe Ltd. Details are provided in the online shop.

5. Delivery and Shipping Conditions

5.1 Delivery is made to the delivery address specified by the Customer, unless otherwise agreed. If PayPal is used, the delivery address linked to the PayPal account is used.

5.2 If delivery fails for reasons attributable to the Customer, the Customer is responsible for any additional costs.

5.3 The risk of accidental loss or damage passes to the Customer upon receipt of the goods, except for businesses, where it passes upon handover to the carrier.

5.4 The Seller may withdraw from the contract if proper self-supply is not possible. The Customer will be informed, and any payment will be refunded.

5.5 Self-collection is not possible.

6. Retention of Title

Ownership of the goods remains with the Seller until full payment has been received.

7. Liability for Defects (Warranty)

The statutory liability for defects applies unless otherwise stated.

7.1 For entrepreneurs, certain limitations apply, such as the one-year defect liability for new goods.

7.2 The above limitations do not apply in cases of fraud, damages, or statutory claims.

8. Liability

The Seller is liable for damages under certain conditions, such as intent, gross negligence, or injury to life, limb, or health.

9. Special Conditions for Processing According to Customer Specifications

If goods are processed according to Customer specifications, the Customer must ensure that they hold the necessary rights to the content provided.

10. Redemption of Promotional Vouchers

Promotional vouchers can only be redeemed within the specified period and before the order is finalised. Only one promotional voucher may be used per order.

11. Validity of Gift Cards

11.1 Validity Period: Gift cards purchased by customers ("Gift Cards") are valid for a period of 5 years from the date of issuance.

11.2 Expiration: The validity expires on the 5th anniversary of the date of issuance. After this period, the gift card can no longer be redeemed in the online shop.

11.3 Justification: This limitation is established to manage administrative overhead and long-term accounting provisions associated with maintaining indefinite liabilities.

11.4 Remaining Balance: Any remaining balance remains on the gift card account during the validity period and can be used for future purchases. Cashing out the voucher value in cash is excluded.

12. Applicable Law

All legal relationships are governed by Austrian law, excluding international sales law. For consumers, this choice of law applies only if it does not deprive them of protections in their home country.

13. Place of Jurisdiction

The exclusive place of jurisdiction is the Seller’s registered office for businesses. For consumers, this is subject to mandatory provisions.

14. Alternative Dispute Resolution

The EU Commission provides a platform for online dispute resolution at https://ec.europa.eu/consumers/odr .