GENERAL TERMS AND CONDITIONS OF SALE OF THE FOCUS ONLINE SHOP
Thank you for your interest in FOCUS. In the following, you'll find our conditions of sale and other important information.
1. WHO WILL YOUR CONTRACTUAL PARTNER BE?
FOCUS Bikes is part of Derby Cycle Werke GmbH.
Your contractual partner for all products that you purchase through our shop is Derby Cycle Werke GmbH; Siemensstr. 1-3 ; 49661 Cloppenburg/Germany
Directors: Jan Cornelis van der Heiden, Wolfgang Wildemann, Alexander Wünsch
Registered at: Oldenburg District Court, HRB 150368; VAT ID No. 117 113 386
2. HOW CAN YOU CONTACT US?
Please contact us directly using our Contact form. In this way we'll be able to best deal with your enquiry or redirect it to the appropriate person. We will be happy to contact you back if necessary.
3. THE BEST OF BOTH WORLDS
"Engineered in Germany" – we design, test and upgrade our bikes at our FOCUS premises in Stuttgart. Our bikes are built in Germany at our headquarters in Cloppenburg.
In addition, we have well-qualified registered dealers throughout Germany who will be happy to deal with any queries you have and service your bike. Just enter your postcode to find the dealer located nearest to you; this dealer will assemble your bike and adjust it to suit your individual needs. If problems do occur with your bike, don't worry – your dealer will soon have things sorted out for you.
4. WHAT SIZE DO I NEED?
We've provided a list of recommended sizes of each of our models based on users' height and inside leg length. However, if you're still unsure what size you need, please do not hesitate to contact our service team or one of our dealers.
5. HOW DO I ORDER?
No shop opening times to worry about – our online shop makes it easy for you to compare bikes and select and order the product you want from the comfort of your own home at any time. Should the model you want be unfortunately unavailable, we will contact you; both parties then have the option of cancelling the contract.
If you do have queries concerning ordering or our products, you can always contact our service team at firstname.lastname@example.org. Of course, our dealers are also there to help you. First, go to our website and find the dealer located nearest to you.
After you've placed your order, your bike will be sent to the dealer you have selected. This means we can ensure your bike is correctly assembled and adjusted to suit you and provision the best quality of service should a problem arise.
We'll email you when your bike leaves our warehouse. When your dealer has finished assembling your bike, they will contact you by email and telephone. Please then go to the dealer to pick up your bike within 7 working days. While you are there, the dealer will be able to adjust the bike to your requirements.
We will provide your selected dealer with your contact details so that they can contact you. When they have completed the assembly of your bike, they will then inform you your bike is ready for collection.
If you don't go to your dealer to pick up your bike or you decide you don't like the bike, the dealer will undertake the necessary further steps. They will complete the return form with you.
6. Do I need to create a customer account in order to place an order?
To order a bike, you will first need to create a customer account with us. This means you will be able to check the status of your order, you will be able to contact us more readily and you will have an overview of your order history.
All messages we or the dealer will send you will concern exclusively the processing of your order. If you also want to receive messages concerning our special offers and/or our newsletter, you will have to subscribe separately for these services when ordering. For more information, please see our data protection declaration.
7. HOW DO I PAY?
There are various ways you can pay for your bike, depending on the country of your residence:
Germany: Creditcard (Visa & Mastercard), PayPal, Klarna instant transfer, Giropay
Netherlands: Creditcard (Visa & Mastercard), PayPal, IDeal
France: Creditcard (Visa & Mastercard), PayPal, Cartes Bancaires
Austria: Creditcard (Visa & Mastercard), EPS
Spain: Creditcard (Visa & Mastercard), PayPal
Poland: Bilk, Creditcard (Visa & Mastercard)
Belgium: Bancontact, Creditcard (Visa & Mastercard), PayPal
Czech Republic: Creditcard (Visa & Mastercard), PayPal
When you click on the button "Order now", your order will be placed. As soon as we receive your order, we will send you an order confirmation with all the details of the sales contract.
8. WHAT ARE THE PRICES AND PAYMENT CONDITIONS?
The prices quoted in our shop are all-inclusive and also include the statutory VAT. You will not be charged for packaging or shipping. However, if you decide to return your bike or fail to pick it up, we will charge you an administration fee of €50; this will have no influence on your right of order cancellation as specified in our information on your right of cancellation below.
Payments by credit card will be processed by:
Adyen GmbH · Hackescher Markt 4 · 10178 Berlin/Germany
Registered at: Berlin District Court, registration no.: HRB 136398
Directors: Herr Ingo Uytdehaage, Herr Roelant Prins
VAT ID No. per Art. 27 (a) German VAT Act (UStG): DE 28576528
9. HOW DO I REDEEM PROMOTIONAL VOUCHERS?
The following conditions apply only to our promotional vouchers unless specified otherwise. They do not apply to credit notes (i.e. vouchers that have been purchased, as gifts for example):
(1) Promotional vouchers can only be redeemed through our online shop. To redeem a voucher, the same email address to which the voucher was sent must be used during the order procedure. Vouchers may not be transferred. Only one voucher may be redeemed per order. Vouchers may not be combined with each other or redeemed for their cash value; they do not attract interest.
(2) You will be notified of the validity period of a voucher and the minimum price at which it must be redeemed (incl. VAT, without shipping costs and other charges) at the time the voucher is issued.
(3) The voucher value will be distributed pro rata across the price of all products ordered. If products are returned, the voucher value will be credited in proportion to the value of the returned products. If a voucher can only be redeemed for a specified minimum purchase price, this minimum purchase price must be reached even if certain products are returned otherwise the remaining value of the voucher will not be credited. If an order is returned in full, the value of a promotional voucher will not be credited and it will not be possible to reuse the voucher.
10. WHAT DO I DO IF MY BIKE TURNS OUT TO HAVE DEFECTS?
Our products are subject to outgoing inspection before they leave our warehouse. However, sometimes they can be damaged during shipment. If this happens, we will replace your bike free of charge.
If you think your bike has defects, please first contact your local dealer. They will carefully inspect your bike and contact us to decide on what measures need to be undertaken to eliminate these defects.
11. WHAT DO I DO IF I AM UNHAPPY WITH MY BIKE?
Unfortunately, this does happen from time to time.
Irrespective of your legal right to cancel the order (as explained below), you also have the option of cancelling the order by returning the bike to your selected dealer and completing with them the return form by the required deadline stated above. In this case, the dealer will pack the bike for shipment and ready it for return to us on your behalf. You will be charged only for the cost of picking up the bike from the dealer and shipment to us. This will be €50. The option to give back the bike is not effective when a dealer buys the bike.
Your right of cancellation
Information on your right
If you are an end-consumer, you have the right to withdraw from this contract within 14 days without giving reasons.
The corresponding cooling-off period is 14 days from the date on which you or a third party commissioned by you (who is not the carrier) accepted delivery of the order.
In order to exercise your right of cancellation, you must send an explicit notification of your decision to cancel your order (e.g. by email or post) to us, i.e. Derby Cycle Werke GmbH
Siemensstr. 1-3, 49661 Cloppenburg, or by email to email@example.com. For this purpose, you can use our model cancellation form. Use of this form is not mandatory.
It is sufficient if you send your notification prior to the expiry of the cooling-off period.
The consequences of cancellation:
If you cancel your order, we will be required to reimburse you all payments we have received from you including delivery charges (excluding any additional charges that may arise because you have selected a method of shipment other than the low-cost standard methods offered by us) without delay or at the latest within 14 days of the date on which we received your notification of order cancellation. For reimbursement purposes, we will use the same method of payment employed during the original transaction unless we have explicitly arranged otherwise with you. You will not be charged in any form for this reimbursement. We reserve the right to refuse reimbursement until the products have been returned to us or until you provide proof that you have dispatched the products to us, whichever is the sooner. In all circumstances, you are required to return or release the product(s) within 14 days of the date on which you notified us of your intention to cancel your order. It is sufficient if you dispatch the products prior to the expiry of the above-specified 14-day period. You will responsible for direct costs arising in connection with the return of the products. It is estimated these costs will not exceed €50.
You will only be required to compensate us for any loss of value of the products if this loss is attributable to unnecessary processes on your part associated with the inspection of the nature, characteristics and functioning of the products.
End of text on your right of cancellation
Model cancellation form
(If you wish to cancel your order, please complete this form and return it
To Derby Cycle Werke GmbH
Tel.: +49 (0)4471 966-401745
Fax: +49 (0)4471.966-210
– I/we (*) herewith cancel my/our (*) order for the purchase of the following product(s) (*)/the provision of the following service(s) (*)
– Ordered on (*)/received on (*)
– Name of the customer(s)
– Address of the customer(s)
– Signature of the customer(s) (only required if the form is sent in paper form)
(*) Delete as appropriate.
12. LIMITATION OF LIABILITY
If we are responsible for any losses incurred by you, we will of course compensate you accordingly. This will not apply in cases in which you incur material or financial losses as a result of only moderate negligence on our part, on the part of one of our legal representatives or agents and there has been no violation of essential contractual obligations. Essential contractual obligations are those that necessarily have to be fulfilled in order to enable the performance of the contract and on compliance with which the other contracting party can generally rely.
We continue to remain liable under the stipulations of German product liability legislation.
13. 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.
Nos gustaría señalar que hemos decidido no participar en los procedimientos de resolución de conflictos ante las juntas arbitrales de consumo.
14. 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.