General Terms and Conditions

Terms and Conditions for Contracts Concluded Through the “www.valkental.com” Platform

Between us,

Valkental GmbH

9 Rheinpromenade

40789 Monheim am Rhein

Germany

support@valkental.de

Registered in the Commercial Register of the Düsseldorf Local Court (HRB95926)

VAT ID No.: DE351333799

 

and to you,

 

the customer described in § 2

 

be closed.

 

§ 1         Scope, Definitions, Contracting Parties

(1)     For all orders placed through our online store, only the following General Terms and Conditions, in the version valid at the time of the order, shall apply. Any deviating general terms and conditions of the purchaser shall not be recognized unless we expressly agree to their validity in writing.

(2)     The customer is a consumer to the extent that the purpose of the ordered goods and services cannot be attributed predominantly to the customer’s commercial or self-employed professional activity. By contrast, a business is any natural or legal person or partnership with legal capacity that, at the time of concluding the contract, is acting in the course of its commercial or self-employed professional activity.

(3)     A sales contract is concluded with Valkental GmbH.

 

§ 2         Conclusion of the Contract

(1)   You can select products from our assortment and add them to a “shopping cart” by clicking the “ADD TO CART” button. By clicking the order button, you submit a binding offer to purchase the items in your shopping cart.

(2)     We will then send you an automatic confirmation of receipt via email, which will list your order. The automatic confirmation of receipt merely documents that we have received your order and does not constitute acceptance of the order. The contract is not concluded until we issue a declaration of acceptance, specifically by shipping the goods or sending an invoice.

(3)     All information provided by us prior to the conclusion of the contract is nonbinding.

(4)     The contract is concluded in German.

 

§ 3         Delivery, Product Availability

(1)   The delivery times we specify are calculated from the date of our order confirmation, provided that the purchase price has been paid in advance (except for purchases on account). The delivery times listed in our online store are non-binding and represent only the estimated delivery time. The statutory right to cancel the contract without prior notice is expressly excluded.

(2)   If no units of the product you have selected are available at the time of your order, we will inform you of this in the order confirmation. If the product is permanently unavailable, we will refrain from issuing a declaration of acceptance. In this case, no contract is formed.

§ 4         Retention of Title

(1)   The delivered goods remain our property until full payment has been made.

(2)   With respect to business customers, we reserve title to the goods until all claims arising from an ongoing business relationship have been paid in full. You may resell the goods subject to retention of title in the ordinary course of business; upon resale, you assign to us all claims arising from such resale—regardless of whether the goods subject to retention of title have been combined or mixed with a new item—in the amount of the invoice total. You remain authorized to collect the claims; however, we may also collect the claims ourselves if you fail to meet your payment obligations.

 

§ 5         Prices and Shipping Costs

(1)   All prices listed on the provider’s website include the applicable statutory sales tax.

(2)   The goods will be shipped by mail. You cannot pick up the goods in person. We bear the shipping risk if you are a consumer. If you are a business, the risk of loss passes to you upon shipment of the goods.

(3)   In addition to the listed product prices, shipping costs may apply. For more information, please refer to the respective listings and the order summary.

(4)   If you exercise your statutory right of withdrawal, you must bear the direct costs of returning the goods.

 

§ 6         Payment Terms

(1)   The following payment methods are available to you:

 

Credit Card

You will enter your credit card information during the ordering process. Your card will be charged immediately after you submit your order.

 

PayPal, PayPal Express 

To pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), you must be registered with PayPal, log in using your credentials, and confirm the payment instruction.

The payment transaction will be processed by PayPal immediately after you place your order. You will receive further instructions during the ordering process.

 

Google Pay

To pay the invoice amount through the payment service provider Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland (“Google”), you must be registered with Google, have enabled the Google Pay feature, authenticate yourself using your login credentials, and confirm the payment instruction. The payment transaction will be processed immediately after you place your order. You will receive further instructions during the ordering process.

 

Apple Pay

To pay the invoice amount via the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA (“Apple”), you must use the “Safari” browser, be registered with Apple, have Apple Pay enabled, authenticate yourself with your login credentials, and confirm the payment instruction. The payment transaction will be processed immediately after you submit your order. You will receive further instructions during the ordering process.

 

giropay / paydirekt

In cooperation with the payment service provider paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt am Main (“giropay” or “paydirekt”), we offer the payment methods giropay and paydirekt. giropay To pay the invoice amount via giropay, you must have a bank account enabled for online banking, verify your identity, and confirm the payment instruction. Your account will be debited immediately after you place your order. You will receive further instructions during the ordering process. paydirekt To pay the invoice amount via paydirekt, you must have a bank account activated for online banking, be registered with paydirekt, authenticate yourself using your login credentials, and confirm the payment instruction.

The payment transaction will be processed immediately after the order is placed. You will receive further instructions during the ordering process.

 

Amazon Pay

To pay the invoice amount via the payment service provider Amazon Payments Europe S.C.A., 38 avenue J.F. Kennedy, L-1855 Luxembourg (“Amazon”), you must be registered with Amazon, authenticate yourself using your login credentials, and confirm the payment instruction. The payment transaction will be processed within one banking business day after the order is placed. A banking business day is any business day except Saturdays, federal holidays, and December 24 and 31 of each year. You will receive further information during the ordering process.

 

Klarna

 In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden (“Klarna”), we offer you the following payment options. Payment via Klarna is available only to consumers. Unless otherwise specified below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. You will find further information under the respective payment option and during the ordering process.

Purchase on account via Klarna. The invoice amount is due 30 days after the goods are shipped and the invoice is received.

 

Klarna Credit Card

During the ordering process, you will enter your credit card information. Klarna will charge your card immediately after you submit your order. There is no address or credit check.

Klarna Direct Debit: You grant Klarna a SEPA direct debit mandate. Klarna will notify you of the date the amount will be debited from your account (known as “prenotification”). The amount will be debited from your account after the goods have been shipped.

 

(2)     You can change the payment method stored in your user account at any time.

(3)     Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is otherwise determined by the calendar, you will be in default simply by missing the deadline. In this case, you must pay us late payment interest for the year at a rate of five percentage points above the base interest rate.

(4)     Your obligation to pay late payment interest does not preclude us from claiming further damages resulting from the delay.

 

§ 7         Warranty Against Defects, Guarantee

(1)   We are liable for material defects in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB). For business customers, the warranty period for goods delivered by us is 12 months.

(2)     An additional warranty applies to the goods we deliver only if such a warranty has been expressly provided.

 

§ 8         Liability

(1)   Claims for damages are excluded. Exceptions to this are your claims for damages arising from injury to life, limb, or health, or from a breach of material contractual obligations (cardinal obligations), as well as liability for other damages resulting from an intentional or grossly negligent breach of duty on our part, on the part of our legal representatives, or on the part of our agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.

(2)     In the event of a breach of material contractual obligations, we shall be liable only for foreseeable damages typical for this type of contract if such damages were caused by simple negligence, unless the claims for damages arise from injury to life, limb, or health.

(3)     The limitations set forth in paragraphs 1 and 2 also apply in favor of our legal representatives and agents if claims are asserted directly against them.

(4)     The limitations of liability set forth in paragraphs 1 and 2 shall not apply if we have fraudulently concealed the defect or have provided a warranty regarding the quality of the item. The same shall apply if we have entered into an agreement with you regarding the quality of the item.

(5)     The provisions of the Product Liability Act remain unaffected.

 

§ 9         Shipping Damage, Compatibility, Assembly

(1)   If goods are delivered with obvious shipping damage, please—if you are a consumer—report such defects to the delivery carrier as soon as possible and contact us immediately. Failure to file a complaint or contact us has no impact on your legal claims and their enforcement, particularly your warranty rights. However, you will help us assert our own claims against the carrier or the shipping insurance provider.

(2)   If you are a merchant, the commercial duty to inspect and give notice of defects under § 377 HGB applies. If you fail to give notice, the goods shall be deemed accepted, unless the defect was not apparent upon inspection. This does not apply if we have fraudulently concealed the defect.

(3)   These items are multifunctional bags. We do not guarantee that the mounting bracket will fit every bicycle.

(4)   You are responsible for taking appropriate precautions to ensure that your bicycle, its paint, and the bike bag are not damaged. Appropriate protective gear can be purchased from us. We are not liable for any damage (including paint damage) resulting from failure to comply with this requirement.

§ 10     Differences Between Products and Product Images

Product images may not always match the appearance of the products delivered. Minor changes in the appearance of products may occur following updates to the manufacturers' product lines. No claims for defects may be made in this regard.

 

§ 11     Statutory Right of Withdrawal

You can find information about your statutory right of withdrawal here:https://valkental.com/pages/widerrufsbelehrung-widerrufsformular

 

§ 12     Contractual Right of Return

(1)   We grant consumers a 14-day contractual right of return for all items purchased through our online store at www.valkental.com, in accordance with the statutory right of withdrawal. For products purchased through marketplaces other than our online store, the contractual terms of the respective seller apply.

(2)   Returns can only be processed through our returns portal. You can find the returns portal under the “Returns” menu item in the footer of our online store. Alternatively, you can use the following link: https://valkental.returnsportal.onlinehttps://return.exporto.de/98af7b/165/login

(3)   For returns, we charge a flat-rate shipping fee of 5.00 EUR, which will be deducted from your refund.

(4)   If you benefited from our free shipping due to an order total exceeding 70.00 EUR, and the order total is less than 70.00 EUR after the return, we will retroactively charge a flat shipping fee of 4.95 EUR. This amount will be deducted from your refund.

(5)   A flat-rate shipping fee of 4.95 EUR will also be charged for exchanges, unless the new product has an order value of more than 70.00 EUR and is therefore eligible for free shipping.

(6)   If items from different orders are being returned, you must register one return per order number in our returns portal. These orders must be returned to us in separate packages.

(7)   You may try out the products, but they must otherwise be returned to us in new condition. If goods are returned to us in used condition, a refund will not be issued.

(8) Returns sent at the customer's own expense to our office address or warehouse address cannot be accepted. Refunds are not available.

(9) If you purchase a bundle or a promotional offer in which you receive additional items for free or at a discounted price when buying certain products, the following applies: To receive a full refund of the purchase price, all products received as part of the offer must be returned together.
If only individual items from such a bundle are returned, the original offer is void. In this case, the retained products will be charged at the regular retail price, which may result in a corresponding adjustment (reduction) of the refund amount.

 

 

§ 13     Gift Certificates and Discounts

(1)   Gift certificates purchased through our online store can only be redeemed in our online store, unless otherwise specified on the gift certificate.

(2)   Gift certificates and discount codes can only be redeemed before completing the order process. They cannot be applied retroactively.

(3)   Multiple discounts cannot be combined. Only one gift certificate or discount code may be redeemed per order.

(4)   Cash redemption of the balance is not possible. No interest is paid on the gift certificate amount.

(5)   We fulfill our obligation with discharging effect to the holder who redeems the gift certificate in our online store, regardless of whether that holder is authorized to use the certificate. This does not apply if we are aware of—or are grossly negligent in failing to recognize—the holder’s lack of authorization, legal incapacity, or lack of authority to act on behalf of another.

§ 14     Final Provisions

(1)   Contracts concluded through our online store are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions regarding the limitation of the choice of law and the applicability of mandatory provisions—in particular those of the country in which the customer, as a consumer, has his or her habitual residence—remain unaffected.

(2)     The European Commission provides a platform for online dispute resolution. We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

(3)     If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from our contractual relationships shall be the registered office of our company.

(4)     Any deviating agreements must be in writing.

(5)     You can contact our customer service department by email at support@valkental.de.

(6)     Even if individual provisions of this contract are legally invalid, the remaining provisions shall remain valid. The invalid provisions shall be replaced by the applicable statutory provisions, if any. If this would constitute an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.