General Terms And Conditions For Orders
§ 1 General information, Contracting parties, Scope of application
(1) The following rules for the conclusion of a contract apply for orders in our online shop https://usa.theishare.com
(2) Contracting Partner of the customer is
(Hereinafter referred to as “ishare”.)
(3) The business relations between ishare and the customer shall exclusively be governed by the following General Terms and Conditions as amended at the time of ordering. Any deviating terms and conditions of the customer shall not be acknowledged, unless ishare explicitly agrees to their application in writing.
(4) Contracts with the customer shall be made exclusively in the German or English language, in each case depending on whether the customer makes the relevant purchase on either the German part or the English part of the online shop. Therefore, if the order is made on the German part of the site exclusively the German version of the Terms and Conditions shall be relevant. If the order is made on the English version of the site exclusively the English version of the Terms and Conditions shall apply.
§ 2 Conclusion of Contract, Alteration of Contract
(1) The customer may choose the TheiShare bike lock and accessories of his choice from TheiShare page. The customer submits a binding offer for the purchase of the chosen goods via the “Buy” button. The customer may modify and view the data at any time before sending the order.
(2) There upon ishare will send the customer an automatically generated order confirmation sent by e-mail, in which the receipt and acceptance of the order is being confirmed, and all relevant information regarding the order and ordered goods are provided. A purchase contract is concluded when ishare has sent the ordered product to the customer.
(3) The customer may cancel the order procedure by closing the browser window. Before completion of the order an overview page enables customer to check the order and to change errors of his entries by clicking the button “Back to cart”. ishare saves the content of the agreement for the statutory time period.
§ 3 Delivery, Availability of Goods
(1) ishare will send the ordered bike lock or accessories within the written shipping days.
(2) If a delivery is delayed ishare will inform the customer of the delay.
§ 4 Reservation of Title
The delivered goods remain the property of ishare until payment has been received in full.
§ 5 Prices, Shipping Charges, Payment
(1) All prices indicated on ishare’s website include the applicable statutory value added tax (VAT).
(2) The respective delivery charges are indicated to the customer in the order form and shall be borne by the customer, unless the customer exercises his/her legal right to withdraw from the contract. In this case the customer will be reimbursed for the delivery costs to his address.
(3) The customer may effect payment by direct debiting, credit card or PayPal.
(4) The payment of the purchase price is due immediately.
(5) Should a debit from the customer’s account via direct debiting fail for reasons within his/her control, the customer shall refund the bank handling charges incurred to ishare by the return debit.
§ 6 Warranty, Guarantee
(1) Warranty for defects is subject to the statutory provisions. The warranty period for items supplied by ishare to companies shall be 36 months.
(2) If, within the statutory period defects occur, the customer is obliged to inform ishare of the defects, and return the goods to ishare at their expense.
§ 7 Liability
(1) Any claims for damages by the customer are excluded unless in those cases where the customer’s claims for damages arise from injury to his/her life, body, health or a violation of material contractual obligations (cardinal obligations) and except liability for any other damage caused by deliberate or gross breach of duty by ishare, its legal representatives or its vicarious agents. Material contractual obligations are obligations whose fulfilment is necessary for achieving the purpose of the contract.
(2) In the event of a violation of material contractual obligations ishare may only be held liable for foreseeable damage typical of the contract, provided that such damage was caused by slight negligence, unless the customer claims damages arising from injury to his/her life, body or health.
(3) The restrictions set forth in Clauses 1 and 2 above also apply in favor of ishare’s legal representatives and vicarious agents if damages are claimed directly from them.
(4) The provisions of the Swedish consumser Act remain unaffected.
§ 8 No Sale to Commercial Consumers
The goods offered in the shop are exclusively sold to consumers and companies which are end-consumers. Goods shall not be commercially resold without ishare’s explicit written approval.
§ 9 Legal Right of Withdrawal
Customers with habitual residence or abode in one of the Member States of the European Union (EU) or in the European Economic Area (EEA) have the legal right of withdrawal that ishare hereby informs about:
You have the right to withdraw from this contract within thirty days without giving any reason. The withdrawal period is thirty days from the date on which you or a representative third party who is not the carrier, have taken possession of the goods.For orders placed between 05. january 2020 and 03. Feburary 2020 you have the right to withdraw from this contract within thirty days without giving any reason.
The withdrawal period is thirty days from the date on which you or a representative third party who is not the carrier, have taken possession of the goods.To exercise your right of cancellation, you must notify us TheiShare AB portgatan 3 SE-63342 , Eskilstuna , Sweden E-Mail: firstname.lastname@example.org by a clear statement (by letter or email) of your decision to withdraw from this contract. You can use the withdrawal form (§ 10 b), however, this is not mandatory.In order to observe the revocation period, it is sufficient for you to send the message about the right of withdrawal before the withdrawal deadline.
Effects of withdrawalIf you withdraw from this contract, we must refund you all payments that we have received from you, including delivery costs (with the exception of the additional costs arising from the fact that you have chosen a type of delivery other than that offered by us expensive type of standard delivery have) immediately at the latest within fourteen days from the date of receipt of your cancellation notice. For the repayment, we use the same method of payment that you used for the initial transaction unless you explicitly agreed otherwise; in any case, you will not be charged any fees for this repayment.We may withhold the reimbursement until we have either received the returned goods or if evidence is supplied that you have returned the goods to us, whichever is earlier.Immediately, at the latest within fourteen days from the day of your notification of withdrawal, you have to return the goods to us. The deadline is met if you submit the goods before the period of fourteen days.You have to bear the direct shipping costs for the return of the goods.
For orders placed between 05. january 2020 and 03 feb 2020 with an order value of 250€ and more (exclusive shipping fees) and shipping country Sweden we will cover the return costs. Therefore it is necessary to contact our support via e-mail at email@example.com before returning the goods.You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the nature if the goods. End of the withdrawal policy
Standard Withdrawal Form(If you want to cancel the contract, please fill out this form and send it back.)
SE63342 Eskilstuna, Sweden
Hereby give notice that (s) I / we (*) from my / us (*) concluded contract available via the purchase of the following products (*) / provision of the following services (*)Appointed on (*) / received on (*)Name of person / consumer (s)Address of person / consumer (s)Signature of / consumer (s) (with message on paper only)Date
§ 10 Data Privacy
(1) ishare collects customer data in the processing of contracts. In this processing, ishare observes in particular the provisions set forth in the Bundesdatenschutzgesetz and the Telemediengesetz. iShare will only collect, process or use customer data and website usage data with the customer’s consent as far as this is required for handling the contractual relations and for the use and accounting of telemedia services.
(2) iShare will not use any customer data for advertising, market or opinion research without the customer’s consent.
(3) The data entered with regard to the processing through foreign payment service providers are not stored by iShare, however by the respective payment provider as the case may be. The respective data privacy provisions of the payment service provider apply in this respect.
§ 11 Final Provisions
(1) As far as the customer is a consumer with habitual residence or abode in one of the Member States of the European Union (EU) or in the European Economic Area (EEA) and for other customer, the contracts between iShare and its customers are governed by the law of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the international sale of goods. Regardless of that choice of law, consumers are always protected by the mandatory consumer protection law of the State the costumer has its habitual residence in at the time of the conclusion of the contract. As far as the customer is a consumer neither with habitual residence or abode in one of the Member States of the European Union (EU) nor in the European Economic Area (EEA), the law of the Federal Republic of Germany and the German consumer protection law is applicable to the exclusion of the United Nations Convention on Contracts for the international sale of goods.
(2) Venue for all disputes arising from contractual relations between the customer and TheiShare AB is ishare’s registered office, provided that the customer is a salesperson, a legal person under public law or a special fund under public law.
(3) If any provision of this contract is legally invalid the other provisions hereof shall remain binding. Any ineffective provisions are replaced by legal provisions, as far as existent.