Conditions

Terms and Conditions

Status: 4.4.2022

These conditions

(1) This website (the "site") and/or the services, including any associated mobile applications (collectively: the "Services") and all offers and sales of products ("Products") through the Site, is owned and operated by [optimize] (hereinafter also: "we", "us" and "our"). These terms and conditions ("Terms") set out the terms and conditions under which visitors or users (collectively: "Users" or "you") may visit or use the Site and/or the Services and purchase Products.

(2) By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to all of the Terms, you may not access the Site or use the Services. Please read these Terms carefully before accessing our Site or using the Services or purchasing any Products. These Terms tell you who we are, how we sell Products to you, how you can cancel the purchase agreement, and what to do if you have any problems.

(3) You represent that you are of legal age and have the legal authority, right and freedom to enter into a binding agreement based on these Terms and to use the Services and purchase Products. If you are a minor, you must have the permission of your parent or legal guardian to use the Services or purchase Products.

Purchase of products

(1) The purchase of products is subject to the conditions in force at the time.

(2) When you purchase a Product: (i) you are responsible for reading the item description in its entirety before making a binding purchase, and (ii) the completion of an order on the Site (by completing a checkout process using the "Buy Now" or similar button) may constitute a legally binding contract for the purchase of that Product, unless these Terms provide otherwise.

(3) You can select products from our product selection and place them in your shopping cart by clicking on the corresponding button. Our prices are listed on the site. We reserve the right to change our prices at any time and to correct any unintentional pricing errors. These changes will not affect the price of products you have already purchased. When paying, you will be shown an overview of all the products you have placed in your shopping cart. The overview includes the essential properties of each product as well as the total price for all products, the applicable sales tax (VAT)/value added tax (VAT) and, if applicable, the shipping costs. On the payment page, you also have the option of checking the products and quantities and, if necessary, changing, removing or correcting them. You can also use the edit function to identify and correct any input errors before placing your final binding order. All delivery times stated apply from receipt of your payment of the purchase price. If you click on the "Order with payment" button, you are placing a binding order to purchase the listed products at the stated price and shipping costs. To complete the order process using the “Order with payment” button, you must first accept these terms and conditions as legally binding for your order by clicking the corresponding box.

(4) We will then send you an e-mail confirming receipt of your order, in which your order will be listed again and which you can then print or save using the corresponding function. Please note that this is an automatic notification that only confirms that we have received your order. It does not indicate that we have accepted your order.

(5) The legally binding agreement to purchase the products is only concluded when we send you a declaration of acceptance by email or send the products to you. We reserve the right not to accept your order. This does not apply in cases where we offer a payment method - and you choose this payment method for your order - where a payment transaction is initiated immediately upon submission of your order (e.g. electronic transfer or real-time transfer via PayPal, Giropay, Paydirekt). In this case, the legally binding agreement is deemed to have been concluded when you have initiated the ordering process as described above using the "Order with payment" button.

(6) The purchase contract can be concluded in [German] language. After conclusion of the contract, the contractual terms and conditions will be stored by us and you will no longer have access to them.

Right of withdrawal

(1) If you purchase one or more Products through the Site or Services that are shipped in one delivery, the instructions on the right of withdrawal in Appendix 1 to these Terms will apply.

(2) If you purchase one or more Products through the Site or Services that are shipped in installments, the instructions on the right of withdrawal in Appendix 2 to these Terms will apply.

(3) If you purchase one or more products through the Site or Services that consist of digital content that is not supplied on a physical medium (e.g. CDs or DVDs), the instructions on the right of withdrawal set out in Appendix 3 to these Terms apply.

(4) To exercise your right of withdrawal, you may use the withdrawal form set out in Appendix 4 to these Terms and Conditions. However, this is not mandatory.

Warranty for products

We are liable for defects in quality and/or defects of title in the products you purchase from us in accordance with the statutory warranty provisions.

Storage of online payment details

You can save a preferred payment method for future use, in which case we will store those payment details in accordance with applicable industry standards, if any (e.g. PCI, DSS). You can identify your saved card by its last four digits.

Vouchers, gift cards and other offers

Coupons, gift cards or discounts and other offers may be available from time to time for our products ("Offers"). Such Offers are only valid for the period specified in such Offer. Offers may not be transferred, modified, sold, exchanged, reproduced or distributed without our express written permission.

Permitted use

(1) Our Services are provided to you for informational purposes and for your personal, non-commercial use only. When using our Services, you must comply with these Terms and all applicable laws.

(2) Except as expressly permitted by these Terms, you may not: (i) use our Services in any unlawful or fraudulent manner (including violating the rights of third parties) or for any purpose to collect personal information or impersonate other users; (ii) alter or use our copyright, trademark or other proprietary rights notices or interfere with the security-related features of our Services; (iii) use our Services in any way to tamper with or alter any content or undermine the integrity and accuracy of any content, or take any action to interfere with, damage or disrupt any part of our Services; (iv) use our Services to send, receive, upload/post or download any material that does not comply with our content standards; (v) use our Services to transmit or facilitate the transmission of any unsolicited or unauthorized advertising or promotional material; (vi) use our Services to transmit or upload data to our Services that contains viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware, adware or other malicious programs or similar computer code designed to affect the operation of any computer software or hardware; (vii) use any robot, spider, other automatic device or manual process to monitor/copy our or other sites or the content contained in our Services, or use any network monitoring software to determine the architecture of our Services or to extract usage data from our Services; (viii) engage in any conduct that restricts or inhibits any other user from using our Services, or (ix) use our Services for any commercial purpose or in connection with any commercial activity conducted without our prior written consent. You agree to cooperate fully with us in the investigation of any activity that allegedly or actually violates these Terms.

Intellectual property rights

(1) Our Services and related content (and any derivative works or improvements thereof), including without limitation all text, illustrations, files, images, software, scripts, graphics, photographs, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, trademarks, service marks, brand names and trade dress, and interactive features, and all intellectual property rights therein, are either owned or licensed by us (collectively, "Our Intellectual Property Rights"), and nothing in these Terms grants you any rights in or to our Intellectual Property Rights. Except as expressly set forth herein or required by mandatory law for use of the Services, you acquire no right, title or interest in or to our Intellectual Property Rights. All rights not expressly granted in these Terms are expressly reserved.

(2) If the Products include digital content, such as music or videos, you are granted the rights as set out with respect to such content on the Site.

Disclaimer of Warranties for Use of the Site and Services

The Services, our intellectual property rights and all information, materials and content provided in connection therewith and made available to users free of charge are provided "as is" and "as available" without warranties of any kind, express or implied (warranties of fitness for a particular purpose or warranties with respect to the security, reliability, timeliness, accuracy and performance of our Services, among others) - except in cases of malicious non-disclosure of defects. We do not guarantee that free Services will be provided without interruption or error-free or that they will meet your requirements. Access to the Services and the Site may be suspended or restricted due to repairs, maintenance or updates. The warranty for products you purchase from us as set out in the "Warranty for Products" section above remains unaffected.

exemption

You agree to defend, indemnify, and hold us harmless from and against all actual or alleged claims, damages, costs, liabilities, and expenses (including, without limitation, reasonable attorneys' fees) arising out of or relating to your use of the Site and Services in violation of these Terms, including, without limitation, any use in violation of the restrictions and requirements set forth in the "Permitted Use" section, unless such circumstances are not due to your fault.

Limitation of liability

(1) We are only liable in the event of intent, gross negligence, negligent injury to life, body or health or in the event of slightly negligent breach of an essential contractual obligation, and only in the case of paid services or the sale of products. An "essential contractual obligation" means an obligation whose fulfillment is a basic requirement for the proper implementation of the agreement and on which you normally rely and can reasonably rely. Our liability for slightly negligent breach of an essential contractual obligation is limited to the amount of usual and foreseeable damage for this type of contract. Our liability under the Product Liability Act or in the event that we have explicitly given a guarantee remains unaffected.

(2) The above provisions apply to our contractual liability (including liability for wasted expenditure) and non-contractual liability (including liability for tort) as well as to liability arising from transactions prior to the conclusion of the contract (culpa in contrahendo). They also apply to the benefit of our managing directors, senior managers or other legal representatives, employees and vicarious agents.

Changes to the Terms and Services; Termination

We reserve the right to change these Terms from time to time at our sole discretion to reflect changes in the law, additional features we may introduce, or as we otherwise develop our business. Therefore, you should review these Terms regularly, and in any event during the checkout process when you purchase Products. The new Terms will apply to any new order you place after the effective date of the new Terms. If any ongoing services you use are affected by the changes to the Terms, we will do so taking your legitimate interests into account as appropriate. We will notify you of any such changes in a timely manner. You will be deemed to have accepted the changes if you do not object to the changes within two months of such notice. We will indicate this in our notice. If you object to the changes, we have a special right of termination - without any further obligations to you - which will take effect on the effective date of the changes.

We may change the Services, stop providing the Services or one or more functions of the Services offered, or limit the Services. We may terminate or suspend access to the Services themselves permanently or temporarily - without giving reasons and without further obligations. We will notify you of this in advance, if possible under the circumstances, and we will take your legitimate interests into account appropriately in such measures.

Links to third-party websites

The Services may contain links that allow you to leave the Site. Unless otherwise indicated, the linked sites are not under our control and we are not responsible for the contents of any linked site, any link contained in a linked site, or any changes or updates to such sites. We are not responsible for any transmissions received from any linked site. Links to third party sites are provided for information purposes only. The fact that we have included links to other sites does not mean that we endorse their owners or their content.

Applicable law

(1) These Terms shall be governed by and construed in accordance with the laws of the [Federal Republic of Germany] (without regard to its conflict of law provisions).

(2) The European Commission provides a platform for online dispute resolution (ODR), available at: https://ec.europa.eu/consumers/odr/. Please note that we are not obliged to settle disputes with consumers before alternative dispute resolution bodies.

VARIOUS

(1) A waiver by either party of any breach or default under these Terms shall not constitute a waiver of any preceding or subsequent breach or default.

(2) The headings used in these Terms and Conditions are for convenience only and have no legal significance.

(3) Unless expressly provided otherwise, if any part of these Terms is held to be unlawful or unenforceable for any reason, it is agreed that that part of the Terms shall be struck out and the remaining Terms shall remain unaffected and in full force and effect.

(4) You may not assign your agreement with us under these Terms or all or part of your rights or obligations under them without our prior written consent.

(5) These Terms constitute the entire agreement and supersede all prior written or oral agreements between you and us relating to the Services and the sale of Products.

(6) The provisions of these Terms which by their nature are intended to survive any such action by us shall survive, including without limitation provisions relating to indemnification, release, exclusions, limitations of liability and this Miscellaneous Section.

Contact

To contact us, please send an email to:

Name: Felix Strieder

Address: Abteiweg 49 / 42653 Solingen / Germany

Email: contact@optimize.bike