General Terms & Conditions B2B

1. General Information

1.1 These conditions apply to all contracts with companies at all levels of wholesale and retail regarding the distribution of Hold My Bike products (hereinafter referred to as "Hold My Bike") to end consumers.

1.2 By placing an order, the client agrees to these terms. All deliveries and services are provided exclusively based on these conditions unless otherwise expressly agreed in writing. Any conditions put forward by the buyer that contradict these terms are hereby expressly rejected.

1.3 These conditions also apply to all future legal transactions without the need for further inclusion.

1.4 Hold My Bike reserves the right to amend or supplement these terms and conditions, price lists, and service descriptions at any time. Changes will be communicated to the customer via post or email. If the customer does not object in writing within six weeks after receiving the notice of change, the amendments will be considered approved and will also apply to existing contractual relationships.

1.5 The customer's own conditions are only binding if explicitly agreed upon in writing. Any reference by the customer to their terms is expressly rejected. Oral promises or agreements are only binding once confirmed in writing.

1.6 In cases where Incoterms are used, the 2010 version shall apply.

1.7 The client may only assign claims from the purchase contract with prior written consent from Hold My Bike.

2. Order

2.1 Hold My Bike's offers are non-binding invitations to enter into a contract. A purchase contract is only concluded when Hold My Bike accepts the client’s order through written confirmation, execution of the order, or performance of the agreed services.

2.2 Hold My Bike is only bound by written offers. Unless stated otherwise, offers from Hold My Bike are valid for 14 days from the date of issuance.

2.3 Dates mentioned in offers or order confirmations, including estimated delivery dates, are only valid if the client fulfils their specific obligations, particularly, but not limited to, agreed prepayments. The same applies to third-party services the client enlists or that are used with the client’s consent for additional services from Hold My Bike. Delays or changes in product requirements or contract terms caused by the client will nullify the stated dates.

2.4 Hold My Bike reserves the right to withdraw from the contract without compensation to the client if the performance of the contract is rendered impossible due to force majeure. Other statutory grounds for withdrawal remain unaffected.

2.5 The client is excluded from withdrawing from the contract due to any deterioration in Hold My Bike's financial position after the contract has been concluded.

2.6 Hold My Bike may withdraw from the contract without liability if negative credit information is received, or if there is a significant deterioration in the client’s financial situation, such as attachment orders, other enforcement measures, or the opening of insolvency proceedings.

3. Product Characteristics, Quality, and Samples

3.1 The scope of services owed by Hold My Bike is outlined in the relevant product documentation, order confirmation, and these terms.

3.2 Agreed product characteristics are exclusively described in the product documentation created by Hold My Bike and the order confirmation. Representations in catalogues, websites, or marketing materials serve solely for general information purposes and do not constitute binding warranties of specific product characteristics.

3.3 Hold My Bike reserves the right to make changes to products due to legal requirements, changes in national or international standards, or for technical reasons.

3.4 The client guarantees not to promote or assure any applications or characteristics beyond those described in Hold My Bike’s product documentation.

3.5 Surface properties such as colour, surface quality, including flow marks, streaks, and burr-free edges, and any prints will be delivered "as sampled." Variations within technically unavoidable or industry-standard tolerances are not considered defects unless expressly agreed otherwise.

4. Prices and Conditions

4.1 The applicable conditions and price lists at the time of ordering are decisive. Previous prices become invalid upon the introduction of a new price list. The introduction of a new price list does not affect already concluded purchase contracts.

4.2 Sale prices are only binding when confirmed in writing by Hold My Bike. Unless otherwise agreed in writing, Hold My Bike’s prices apply ex-warehouse in Austria, plus VAT at the applicable rate.

4.3 If costs outside Hold My Bike's control, such as raw material prices, increase by more than 10% after the contract is concluded, Hold My Bike may adjust prices accordingly for deliveries due more than four months after the contract is signed. The same applies to currency fluctuations.

4.4 Discounts are only permitted with prior written agreement.

5. Delivery, Shipping, and Transfer of Risk

5.1 Delivery is made, unless otherwise agreed, by making the goods available for collection from the warehouse in Germany.

5.2 Packaging materials are not taken back, and the client is responsible for disposal at their own expense.

5.3 If non-standard packaging materials or units are requested, Hold My Bike reserves the right to charge the client for any additional costs incurred.

5.4 Delivery times are only fixed if expressly confirmed as such by Hold My Bike.

5.5 The client may only assert rights due to non-compliance with delivery dates after setting a reasonable grace period of at least 15 working days, unless this is legally unnecessary.

5.6 If unforeseen circumstances hinder Hold My Bike's ability to fulfil its obligations, the delivery time will be extended accordingly.

5.7 Hold My Bike is entitled to make partial deliveries if reasonable for the client.

5.8 If the client does not accept the goods, even after a reasonable grace period has been set, Hold My Bike may demand compensation equal to 20% of the order value.

5.9 If the client delays acceptance or breaches cooperation obligations, Hold My Bike may claim compensation, including any additional expenses incurred.

5.10 Hold My Bike is liable for damage caused by delays not resulting from intent or gross negligence up to a maximum of 10% of the delivery value.

6. Payment

6.1 Unless otherwise agreed, invoices are issued for each delivery and are payable within 10 days of the invoice date. A 50% advance payment is required for first orders.

6.2 Discounts are only permitted with prior written agreement.

6.3 The client may only withhold payment for the portion of the invoice corresponding to the defective goods.

6.4 In the event of default, Hold My Bike reserves the right to charge default interest at the rate charged by Austrian banks for overdraft facilities, at least 9% above the European Central Bank’s base rate.

7. Warranty and Defects

7.1 Hold My Bike guarantees that the product characteristics will correspond to those described in the product documentation and order confirmation.

7.2 Claims for defects are only valid if the client has fulfilled their obligation to inspect the goods upon delivery and report any defects within 3 working days.

7.3 If Hold My Bike is unable to remedy a defect within a reasonable time, the client may request a price reduction or withdraw from the contract.

8. Retention of Title

Hold My Bike retains ownership of the delivered goods until full payment is received.

9. Limitation of Liability

9.1 Hold My Bike's liability is limited to the coverage of its product liability insurance for damages caused by defective products, except in cases of intent, gross negligence, or injury to life or health.

9.2 Hold My Bike is not liable for damages due to minor negligence except in cases involving essential contractual obligations.

10. Jurisdiction

Exclusive jurisdiction for all disputes is Vienna. Hold My Bike is also entitled to file lawsuits in the customer’s home country.