General Terms and Conditions (GTC) for purchasing in our online shop
These General Terms and Conditions (GTC) are part of the contract and apply to all current and future business transactions, deliveries, and services of FAHRRADTECHNIK HAAS GmbH / SANTANA EUROPA with or to the customer. The customer fully accepts these terms and conditions in the version valid at the time of concluding the transaction. Any deviations from these conditions, including the customer's terms and conditions, are hereby rejected.
Offers and Conclusion of Contract
- All offers are non-binding.
- Supplementary agreements are only effective if confirmed in writing.
- FAHRRADTECHNIK HAAS GmbH / SANTANA EUROPA expressly reserves the right to make price changes, technical changes, changes in design, errors, printing errors, or intermediate sales.
- Delivery dates specified by FAHRRADTECHNIK HAAS GmbH / SANTANA EUROPA are non-binding. The standard delivery time is 3-5 working days in Germany and approximately 4-8 working days in EU countries.
- Regardless of the presentation of products by FAHRRADTECHNIK HAAS GmbH / SANTANA EUROPA on the website www.santana-tandem.com, the respective purchase agreement only refers to the specific item ordered by the customer.
The prices are indicated in EUR and include the statutory value-added tax without any discounts or other deductions. (EU citizens automatically view the shop prices with German VAT based on their IP address). The respective prices at the time of ordering apply. For deliveries to EU countries, the current value-added tax rates of the Federal Republic of Germany apply; for non-EU countries, the order value is reduced by this amount. (Non-EU citizens automatically view the shop page with prices adjusted for VAT based on their IP address!) The customer is responsible for paying the customary import value-added tax and customs costs.
- The purchase price, including all costs, is due upon invoicing.
- Payments must be made net without any discounts or other deductions unless another payment method has been expressly agreed upon in writing.
- In the event of payment default by the customer, FAHRRADTECHNIK HAAS GmbH / SANTANA EUROPA is entitled to claim default interest in accordance with legal regulations or to immediately withdraw from the contract. Any further claims for damages remain unaffected.
- Delivery is only made within the Federal Republic of Germany or Switzerland by advance payment or cash on delivery. Delivery to other countries is only made by advance payment.
- The customer can only set off against claims of FAHRRADTECHNIK HAAS GmbH / SANTANA EUROPA if the customer's counterclaim is undisputed or has been established by a legally binding judgment.
Retention of Title
Each delivery is made under retention of title; ownership of the goods only transfers to the customer upon full payment of the invoice. Until that time, the purchased item may not be pledged, transferred for security purposes, or encumbered with any other rights.
FAHRRADTECHNIK HAAS GmbH / SANTANA EUROPA reserves all rights for every design, text, and graphic on the website www.santana-tandem.com, as well as in all other publications. Copying or any other reproduction of the entire website or parts of this website is only permitted for the purpose of placing an order with FAHRRADTECHNIK HAAS GmbH / SANTANA EUROPA. The name SANTANA, all page headers, navigation bars, graphics, and button icons are the intellectual property of SANTANA EUROPA. All other trademarks, product names, company names, or logos mentioned on this website are the sole property of their respective owners. FAHRRADTECHNIK HAAS GmbH / SANTANA EUROPA reserves ownership and copyright of images, drawings, calculations, and other documents. Before passing them on to third parties, the customer requires the explicit written consent of SANTANA EUROPA. Images, texts, and videos available for use can be found in the press section of the website www.santana-tandem.com.
Shipping Costs and Risk Transfer
- In addition to the value of the goods, the shipping costs specified at the time of ordering must be paid.
- FAHRRADTECHNIK HAAS GmbH / SANTANA EUROPA expressly reserves the right to request higher shipping costs in consultation with the customer if necessary due to the nature of the order.
- The shipment of the goods is solely at the customer's risk.
The customer's order is binding and is only accepted by FAHRRADTECHNIK HAAS GmbH / SANTANA EUROPA upon confirmation by email, fax, or postal mail, sending of the invoice, or sending of the goods to the customer.
Right of Withdrawal
Withdrawal Policy for Consumers:
Right of Withdrawal:
You have the right to withdraw your contractual declaration within 14 days without giving any reasons in written form (e.g., letter, fax, email) or - if the goods are handed over to you before the deadline - by returning the goods. The withdrawal period begins upon receipt of this instruction in written form but not before receipt of the goods by the recipient. To meet the withdrawal deadline, it is sufficient to send the withdrawal or the goods in due time. The withdrawal must be addressed to: Fahrradtechnik Haas GmbH
D- 83022 Rosenheim
Consequences of Withdrawal:
In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived (e.g. interest) shall be surrendered. If you are unable to return the performance received in whole or in part, or only in a deteriorated condition, you may be required to compensate us for the loss in value. This shall not apply to the surrender of goods if the deterioration of the goods is exclusively due to their inspection - as would have been possible for you in a store, for example. In addition, you can avoid the obligation to pay compensation for a deterioration caused by the intended use of the goods by not using the goods as your property and refrain from doing anything that would reduce their value. Goods that can be sent by parcel are to be returned at the risk of FAHRRADTECHNIK HAAS GmbH / SANTANA EUROPA. You have to bear the costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 250 Euros or if, in case of a higher price of the goods, you have not yet rendered the consideration or a contractually agreed partial payment at the time of the revocation. Otherwise, the return shipment is free of charge for you. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your revocation or the goods, for FAHRRADTECHNIK HAAS GmbH / SANTANA EUROPA with their receipt.
Translated with DeepL
End of Withdrawal Policy
There is no right of withdrawal for custom-made products according to customer specifications.
Notice of Defect - Warranty - Liability
- Unless otherwise agreed, the statutory warranty period of 24 months from delivery applies to non-obvious defects. In the case of obvious defects, the customer must notify them in writing no later than two weeks after receiving the goods; otherwise, warranty claims for obvious defects are excluded. Compensation for externally visible damage to the ordered goods will only be provided with a corresponding certificate from the carrier. The statutory provisions of the Commercial Code apply to defect notifications by merchants.
- The customer is obliged to allow FAHRRADTECHNIK HAAS GmbH / SANTANA EUROPA to inspect the faulty purchased item. Upon delivery of a defective purchased item, the customer has the right, at their discretion and after specifying a reasonable deadline, to request either rectification of the defect or replacement delivery (performance). Only when rectification or initial replacement delivery fails can the customer exercise their right to withdraw from the contract or request a reduction in the purchase price (diminution). In the case of performance, however, the customer is obligated to return the defective purchased item and provide compensation for any benefits derived from its use.
- There is no warranty obligation for damages caused by normal wear and tear or improper handling. FAHRRADTECHNIK HAAS GmbH / SANTANA EUROPA bears the costs and risks of returning duly contested purchased items. The same applies to the redelivery of the purchased item.
- Furthermore, liability for defects is excluded if the purchased item is improperly installed, independently maintained, repaired, modified, or subjected to conditions or mechanical stress that do not correspond to the technical specifications of the purchased item, unless the customer can prove that these circumstances are not causally related to the alleged defect.
- Liability for defects is also excluded if the technical original condition is modified beyond the generally possible conversion or if components are removed or altered without the written consent of FAHRRADTECHNIK HAAS GmbH / SANTANA EUROPA.
- In the case of simultaneous delivery of multiple components, each delivery item is considered independent. Any claims for defects are therefore limited to the defective individual part.
- FAHRRADTECHNIK HAAS GmbH / SANTANA EUROPA is solely liable for damages caused by the violation of essential contractual obligations due to intentional or grossly negligent conduct. Further liability only arises from the Product Liability Act or in case of intentional or grossly negligent behavior by us or our vicarious agents.
- Descriptions or representations of the purchased item and its technical characteristics do not constitute a guarantee of its properties. A guarantee of the properties of the purchased item in the legal sense exists only if explicitly confirmed in writing by FAHRRADTECHNIK HAAS GmbH / SANTANA EUROPA.
Limitation of Liability
- The liability of FAHRRADTECHNIK HAAS GmbH / SANTANA EUROPA is exclusively governed by the agreements made in the preceding section. This does not apply in case of gross negligence or intent.
- The limitation of liability applies to both contractual and non-contractual claims.
- FAHRRADTECHNIK HAAS GmbH / SANTANA EUROPA complies with all provisions of data protection laws when handling customers' personal data and is authorized to process and store all data related to the business relationship with the customer in accordance with these laws. Furthermore, FAHRRADTECHNIK HAAS GmbH / SANTANA EUROPA is entitled, under applicable law, to obtain information about the customer's creditworthiness from commercial and economic credit agencies.
- Upon written request, FAHRRADTECHNIK HAAS GmbH / SANTANA EUROPA will disclose the stored data to the authorized party.
- Every access to our homepage and each retrieval of a file stored on the homepage is logged. The storage is for internal system-related and statistical purposes. The following information is logged: name of the accessed file, date and time of access, data volume transferred, message about successful retrieval, web browser, and requesting domain. Additionally, the IP addresses of the requesting computers are logged. Further personal data is only collected if you voluntarily provide this information, for example, as part of an inquiry or registration.
- To the extent that FAHRRADTECHNIK HAAS GmbH / SANTANA EUROPA is provided with personal data, FAHRRADTECHNIK HAAS GmbH / SANTANA EUROPA uses it only to respond to customer inquiries, process contracts concluded with the customer, and for technical administration. Personal data is only disclosed or transmitted to third parties if it is necessary for the purpose of contract processing or billing, or if the customer has previously consented. The customer has the right to revoke any consent given in writing to FAHRRADTECHNIK HAAS GmbH / SANTANA EUROPA with effect for the future. The deletion of stored personal data takes place when the customer revokes their consent to storage, when their knowledge is no longer necessary to fulfill the purpose pursued with the storage, or when their storage is otherwise inadmissible for legal reasons.
- FAHRRADTECHNIK HAAS GmbH / SANTANA EUROPA strives to store customers' personal data in such a way that it is not accessible to third parties by taking all technical and organizational measures available. Complete data security cannot be guaranteed in email communication, so the postal service is recommended for confidential information.
Should individual provisions of the terms and conditions of FAHRRADTECHNIK HAAS GmbH / SANTANA EUROPA be wholly or partially ineffective, voidable, or unenforceable, the remaining provisions shall remain unaffected. In such cases, the remaining provisions shall be interpreted, designed, or supplemented in a manner that achieves the intended contractual purpose of the invalid or ineffective parts in a legally permissible manner as precisely and to the extent as possible.
Jurisdiction and Applicable Law
These terms and conditions and the contracts concluded with FAHRRADTECHNIK HAAS GmbH / SANTANA EUROPA pursuant to these terms and conditions are subject to German law. The place of jurisdiction for all legal disputes is Rosenheim.