TERMS OF SERVICE
1. WHO WILL YOUR CONTRACTUAL PARTNER BE?
The contractual partner for all products that you purchase through our shop is Kalkhoff Werke GmbH; Europa-Allee 26; D-49685 Emstek Managing Directors: Jan Cornelis van der Heiden, Wolfgang Wildemann, Alexander Wünsch Reg. Court: Oldenburg HR B 150368; Tax ID number. 117 113 386
2. HOW CAN YOU CONTACT US?
We are at your disposal during our business hours from Monday to Thursday from 10:00 - 17:00 and Friday from 10:00-13:00 for all questions about our services and offers:
Kalkhoff Werke GmbH
+49 (0) 49 4471 966-401745
3. THE BEST OF TWO WORLDS
"Engineered in Germany" - we design, test and improve our bikes at our FOCUS location in Stuttgart. Our bikes are built in Germany in our headquarters in Cloppenburg. Guarantee and expertise come directly from us.
In addition, one of our competent specialist dealers is always at your disposal for all questions and services. Entering your zip code will find the dealers near you, they will build the bike and make it perfect for you. If there are any problems with the bike - no problem - your dealer will help you quickly.
4. WHICH SIZE DO I NEED?
You'll find a recommended size for each model based on your stride length or body size. If you are still unsure, feel free to contact our service team or our retailers.
5. HOW IS THE ORDER TAKEN PLACE?
Our online shop allows you to compare, select and order the products in peace and without shop opening hours. We normally only offer bicycles which are available immediately, in an attempt to keep our inventory system as tidy as possible. Should the model you want be unfortunately unavailable, we will contact you; both parties then have the option of cancelling the contract.
Should there be any questions about the order or the product remain open, our service team is available by phone at +49 (0)4471 966-401745 or by email at firstname.lastname@example.org. Of course, our dealers will be happy to help you. On our homepage, you will find the nearest retailer.
After ordering all our bikes will be delivered to your chosen dealer. So we guarantee an ideal structure and the perfect attitude for you and the best service if something sticks to the bike.
If your desired bike leaves our warehouse, you will receive an email from us. Once your bike has been set up at the dealer, it will inform you by mail and phone. Please pick up the bike from the dealer within 7 working days. He adjusts the bike to your needs.
Your contact information will be forwarded to the contact person you selected. This will inform you then after the final construction, you can pick up the bike.
If you do not manage to pick up the bike or you do not like the bike, our dealer will take over the handling. He fills out the return form with you.
Is registration required for the order? To order the bike you have to register with us. This will allow you to check your order status, get in touch with us, and get an overview of your order history.
6. HOW IS THE PAYMENT DONE?
For the payment of your desired bike different alternatives are available:
Payment with Credit Card (Visa & Mastercard)
Payment with Paypal
Payment by Klarna instant transfer
Payment with GiroPay
By clicking on the entry field "order for a fee" the order will be sent. As soon as the order has been received by us, you will receive an order confirmation with all the details of the purchase contract.
7. HOW IS THE FINANCING DONE?
For the financing of your desired wheel different alternatives are available:
Finance a Bike
You can obtain the precise conditions for concluding a contract for both of these financing options from the respective financing provider.
8. WHAT RATES AND PAYMENT CONDITIONS APPLY?
All prices quoted in our shop are final prices incl. VAT. There are no additional costs for packaging or shipping. In the event of a return or non-collection, we will however need to withhold €50 to cover return costs.
Credit card statements are made by:
Adyen GmbH · Hackescher Markt 4 · 10178 Berlin
Register court: Amtsgericht Berlin, Registration number: HRB 136398
managing Director: Herr Ingo Uytdehaage, Herr Roelant Prins
VAT identification number according to §27 a sales tax law: DE 28576528
9. HOW DO action vouchers apply?
The following terms and conditions apply only to promotional vouchers unless otherwise stated in the voucher. They do not apply to vouchers (ie vouchers purchased for a fee, for example as a gift):
(1) Promotional vouchers can only be used in our online shop. To redeem a voucher, the same e-mail address to which the voucher was sent must be used when purchasing. Vouchers may not be transferred. Only one voucher can be redeemed per order. Vouchers can not be combined or cash-redeemed and are not interest-bearing.
(2) Validity period and possibly minimum order value (including VAT, excluding shipping costs and fees) will be announced in the voucher action.
(3) The voucher value is distributed proportionally to the ordered goods. In the case of the return of individual items, the voucher will be counted proportionately on the price of the returned goods. If a voucher is linked to a minimum order value, this must also be achieved if goods are partially returned, otherwise, the crediting of the voucher value will no longer apply. In the case of the return of goods, the credited amount of the action voucher will not be refunded and the voucher can not be used again.
10. WHAT CAN I DO IF MY DESIRED BIKE BECOMES DEFECTIVE?
Of course, before the shipment of the products, there is an exit inspection. Transport damage on the way to the dealer can unfortunately sometimes occur. Of course, we will replace the bike and you will not incur any costs here.
For any complaints please contact your local dealer. He will expertly examine your desired bike and coordinate further measures for dealing with defects with us. As a rule, we then try to get repairs underway as soon as possible. For supplementary performance (as in repairing or replacement), we will decide the matter.
11. WHAT CAN I DO IF I DO NOT LIKE MY DESIRED BIKE?
That too happens again and again.
Independent of the following legal claim to the choice of the recipient of the agreement by the survivor to be declared within the above mentioned morning. In this case, the dealer accepts for you the proper packaging and shipping of the goods to us. Of course, you will pay the cost of collecting the goods from us. We are looking forward to 50 €. The option to give back the bike is not effective when a dealer buys the bike.
You may alternatively exercise your statutory right to withdrawal.
The legal right of withdrawal
If you are an end-consumer, you have the right to withdraw from this contract within 14 days without giving reasons.
The cancellation period is 14 days from the date on which you or a third party named by you, who is not the carrier, has taken possession of the last goods.
To exercise your right of withdrawal, you must inform us, i. Kalkhoff Werke GmbH, Europa-Allee 26, D-49685 Emstek, or by emailing email@example.com with a clear statement (for example, a letter sent by mail or e-mail) of your decision to withdraw from this contract. You can also use the model withdrawal form, which is not required.
Consequences of the cancellation:
If you cancel this Agreement, we will have all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the cheapest standard delivery we offer ) immediately and at the latest within 14 days from the day on which the notification of your cancellation of this contract has been received by us. For this repayment, we will use the same means of payment as you used in the original transaction unless expressly agreed otherwise with you; In no case will you be charged for these repayment fees. We may refuse to repay you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return the goods to us immediately and in any event not later than 14 days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of 14 days. You bear the immediate costs of returning the goods. The cost is estimated at a maximum of about 50 EUR.
You only have to pay for any loss of value of the goods, if this loss of value is due to you to an extent not necessary for checking the nature, properties and functioning of the goods.
End of revocation
Sample cancellation form
Should you wish to cancel the contract, please complete and return this form to us.
Kalkhoff Werke GmbH
Europa-Allee 26, D-49685 Emstek, Germany
Telephone: +49 (0)4471 966-401745
Fax: +49 (0)4471.966-210
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 user(s)
- Address of the user(s)
- Signature of the user(s) (for hard-copy notification only)
(*) Delete where not applicable.
12. LIMITATION OF LIABILITY
If we have caused any damage, we will of course also replace the resulting damage. This shall only apply if a material or financial loss was caused by us, one of our legal representatives or one of our vicarious agents only slightly negligent and no essential contractual obligation was violated. An essential contractual obligation is one on whose fulfilment you can trust in the performance of the contract, because otherwise the purpose of the contract can not be achieved. This does not affect our liability under the Product Liability Act.
13. FINAL LEGAL PROVISIONS
New legal requirements or changed case law require the adaptation of these conditions of sale. If you have registered, you will receive a message from us. Otherwise, we will inform you of your next order. If you do not object to a change within four weeks, the latest regulations from you will be considered approved. Of course, we point out in connection with the transmission of the amended regulations on the need for a timely opposition and the resulting consequences.
Our online shop is only for our customers in Germany. For orders from abroad, please contact us.
Please note that we have decided not to participate in dispute resolution procedures before consumer arbitration boards.
The EU Commission provides an Internet platform for online dispute resolution at the following link: https://ec.europa.eu/consumers/odr. This platform is a contact point for the out-of-court settlement of disputes arising from online purchasing or service contracts in which a consumer is involved. We are neither required nor willing to participate in a dispute resolution process before a consumer arbitration board.
14. CONCLUDING LEGAL PROVISIONS
We reserve the right to revise these general terms and conditions of sale if new legal requirements or jurisdiction make this necessary. We will inform you at once of any revision if you have created a customer account with us. Alternatively, we will notify you of any revision when you place your next order. If you do not object to the revision within four weeks of being notified, it will be assumed that you have approved the revised conditions. We will, of course, inform you of the necessity of lodging your objection within the specified period and the consequences of this when we notify you of the revised conditions.
Please note that we have made the decision not to participate in consumer arbitration procedures.
15. APPLICABLE LAW
The full legal relationship between you and FOCUS Bikes will be subject to German law. The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) will not apply.