Algemene voorwaarden
Webshop General Terms and Conditions
Contractual terms within the framework of purchase agreements concluded via the platform reservewheels.com (Region: Europe/EUR)
between
Pon.Bike Performance GmbH, Hauptstraße 17 – 19, 55120 Mainz, Germany Email: info@ponbikeperformance.com Phone: +49 (0) 6131 4886 301 Managing Directors: Fedde Wildenbeest, Mario Herbold, Stefan Warzecha VAT ID: DE 282 441 579 – hereinafter referred to as "Reserve" or "we" –
and
you as the customer – hereinafter referred to as "you" –
are concluded.
§ 1 Scope, Definitions (1) For the business relationship between us ("Reserve" or "we") and you ("you"), these General Terms and Conditions apply exclusively in the version valid at the time of the order. We do not recognize deviating general terms and conditions unless we expressly agree to their validity in writing. (2) You are a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to your commercial or independent professional activity. In contrast, a merchant is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity. (3) Your trust is important to us. Details on how we collect and use information in connection with the Webshop can be found linked in our Privacy Policy. By using the Webshop, you consent to the collection, use, disclosure, storage, and transfer of data in accordance with the applicable Privacy Policy.
§ 2 Conclusion of Contract (1) You can select products from our range, in particular bicycle wheels and wheelsets, rims (carbon/aluminum), tubeless valves (esp. "Fillmore"), rim tape, and other bicycle accessories, and collect them in a shopping cart via the "add to cart" button. By clicking the button “order with obligation to pay”, you submit a binding offer to purchase the goods currently in your shopping cart. Before submitting the order, you can view and modify your data at any time. However, the offer can only be submitted and transmitted if you accept these contractual terms and conditions during the “Review Order” step, thereby including them in your application. (2) The contract is only concluded through our declaration of acceptance, which is sent with a separate email (order confirmation). In this email or in a separate email, but at the latest upon delivery of the goods, the contract text (consisting of the order, T&Cs, and order confirmation) will be sent to you by us on a durable medium (email or paper printout) (contract confirmation). The contract text is stored in compliance with data protection laws. (3) The contract is concluded in the selected language of the Webshop. (4) Our products are safety-relevant bicycle components. You are responsible for checking compatibility (e.g., intended use, wheel size, axle standard, installation dimension, brake disc mount, freehub body/cassette standard) before ordering and for ensuring professional assembly and commissioning (recommended: assembly by a qualified bikeshop). The respective product and assembly instructions as well as our technical documents are applicable. (5) Products sold in the Webshop are intended exclusively for end-users and not for resale. We reserve the right to refuse or cancel orders if we suspect that you are purchasing products for resale.
§ 3 Delivery, Product Availability, Returns (1) Delivery times specified by us are calculated from the time of our order confirmation, provided that the purchase price has been paid in advance (except for purchase on account, if offered). If no delivery time or no deviating delivery time is specified for the respective goods in our online shop, we usually ship the goods within two (2) business days after the conclusion of the contract. The expected delivery time will be shown to you during the ordering process. (2) If no copies of the product selected by you are available at the time of the order, we will inform you of this immediately in the order confirmation. If the product is permanently unavailable, we will refuse the order. In this case, a contract is not concluded. (3) If the product designated by you in the order is only temporarily unavailable, we will also inform you of this immediately in the order confirmation. (4) Delivery restrictions apply: We only deliver to customers who have their delivery address in one of the countries that can be selected in the ordering process. (5) Information on returns can be found on our return pages, which are linked at the bottom of our websites. Our return policies and procedures may vary depending on the country of delivery. Information on the policies and procedures in your country can be found on the return page linked at the bottom of our websites.
§ 4 Retention of Title The delivered goods remain our property until full payment has been made.
§ 5 Prices and Shipping Costs (1) All prices stated on our website are final prices and include - where applicable - the respective valid statutory value-added tax. (2) The corresponding shipping costs will be stated in the order form and are to be borne by you, unless free shipping is expressly stated. Any additional costs (e.g., customs duties/import levies for cross-border deliveries) are borne by you, unless expressly stated otherwise in the ordering process. (3) The goods are shipped by mail. We bear the shipping risk if you are a consumer. (4) In the event of a withdrawal, you must bear the direct costs of the return shipment.
§ 6 Payment Terms (1) You can make the payment using the payment methods offered in the online shop during the ordering process (e.g., credit card, digital payment services). The available payment methods may vary by delivery country. (2) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, you are already in default by missing the deadline. In this case, you must pay us default interest at a rate of 5 percentage points above the base interest rate; for merchants, at a rate of 9 percentage points above the base interest rate. (3) Your obligation to pay default interest does not exclude the assertion of further damages caused by delay by us.
§ 7 Shop Pay (1) If we offer "Shop Pay" at checkout, you can also pay for your order via Shop Pay (depending on country, currency, order value, and availability). There is no entitlement to use Shop Pay; we can exclude the payment method at any time for an objective reason (e.g., risk assessment, technical availability). When paying with Shop Pay, payment processing is carried out via Shopify International Limited, 2nd Floor Victoria Buildings, 1–2 Haddington Road, Dublin 4, D04 XN32, Ireland (hereinafter "Shop Pay"). Payment service providers and any other involved service providers (e.g., installment payment providers, card providers, wallet providers) provide independent services. It may be necessary for you to register or authenticate yourself with Shop Pay (e.g., via code/SMS or a wallet). (2) Use of Shop Pay is subject to the additional terms and privacy information of the respective payment service provider as well as your card or wallet provider. By selecting Shop Pay, you confirm that you have taken note of these conditions and accept them, insofar as this is necessary for payment processing. To execute the payment, the necessary data (e.g., name, billing/delivery address, email, cart/transaction data) will be transmitted to the payment service provider and any other involved parties. Details on the processing of personal data can be found in our Privacy Policy as well as in Shop Pay's privacy information. (3) If we offer installment payments via Shop Pay, the installment agreement is concluded directly between you and the respective provider; additional requirements, credit checks, fees/interest, and separate conditions may apply. We are not the lender and have no influence on the provider's decision.
§ 8 PayPal (1) If you select "PayPal" in the ordering process, processing is carried out via PayPal (Europe) S.à r.l. et Cie, S.C.A. (hereinafter "PayPal"). To execute the payment, the necessary data (in particular name, address, email, order and payment data) will be transmitted to PayPal. PayPal's terms of use and privacy policy apply in addition. The contract is concluded as soon as we accept your order; the debit of your PayPal account takes place according to PayPal's specifications. Refunds (e.g., in case of withdrawal or return) are generally made via the same payment path, i.e., to your PayPal account. If the payment fails (e.g., due to lack of funds, declined authorization, or technical malfunction), the payment is considered not to have been made, and you can choose another offered payment method.
§ 9 Statutory Warranty, Guarantee (1) We are liable for material defects according to the applicable statutory provisions, in particular §§ 434 ff. BGB (German Civil Code). For merchants, the warranty period for items delivered by us is 12 months. (2) In addition to statutory rights for defects, we grant a voluntary guarantee ("Limited Lifetime Warranty") for certain products as well as a Crash Replacement Program for accidental damage. Your statutory rights (in particular from §§ 434 ff. BGB) are not restricted by this guarantee. (3) We are the warrantor. (4) Guaranteed products and duration: The Limited Lifetime Warranty applies to Reserve rims and Fillmore valves and exists for the original purchaser for the lifetime of the rim or valve. (5) Warranty service: We will replace, at our discretion, a Reserve rim or a Fillmore valve that was damaged during use in the intended area of application. For complete wheelsets, the service may be provided as a replacement rim and a service credit for redemption at a local Reserve dealer. (6) Accidental damage (Crash Replacement): Damage from accidents, falls, collisions, or other impacts is not covered by the Limited Lifetime Warranty. We offer a discounted Crash Replacement Program for this. (7) Aluminum rims: For aluminum rims, the warranty specifically covers the following damages: dents where the rim does not hold air; seam separation; cracks at the spoke hole. (8) Requirements / Pressure limits: To maintain the warranty, we recommend compliance with the following maximum tire pressures (or – if lower – the maximum pressure specified by the tire manufacturer): Road 100 psi (6.9 bar), Gravel 80 psi (5.5 bar), MTB 50 psi (3.4 bar). Damage caused by exceeding these pressure limits is excluded from the warranty. (9) Exclusions: Excluded from the warranty are in particular custom finishes, normal wear and tear, damages from commercial use, modifications, improper assembly/use, or use outside the intended area of application. Hubs are not covered by this warranty; the respective hub manufacturer is responsible for them. (10) Assertion: Warranty and Crash Replacement claims are to be submitted via our Rider Support (contact form in the Webshop). Proof of purchase and product data must be kept ready for processing.
§ 10 Liability (1) Unless otherwise stated below, we shall be not liable for damages. Exceptions to this are claims for damages arising from injury to life, body, health, or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by us, our legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract. (2) In the event of a breach of essential contractual obligations, we are only liable for the contract-typical, foreseeable damage if this was caused by simple negligence, unless it concerns claims for damages arising from injury to life, body, or health. (3) The restrictions of paragraphs 1 and 2 also apply in favor of our legal representatives and vicarious agents if claims are asserted directly against them. (4) The limitations of liability resulting from paragraphs 1 and 2 do not apply insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item. The same applies insofar as we and you have made an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.
§ 11 Cancellation Policy (1) Consumers have a statutory right of withdrawal when concluding a distance selling contract. We inform about the right of withdrawal in accordance with the statutory model as follows:
Cancellation Policy / Right of Withdrawal You have the right to withdraw from this contract within fourteen (14) days without giving any reason. The withdrawal period is fourteen (14) days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods. To exercise your right of withdrawal, you must inform us (Pon.Bike Performance GmbH / Reserve Wheels, Hauptstraße 17 – 19, 55120 Mainz, Germany, Email: info@ponbikeperformance.com) by means of a clear statement (e.g., a letter sent by post or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but it is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send the communication regarding your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen (14) days from the day on which we are informed about your decision to withdraw from this contract. For this reimbursement, we will use the same means of payment that you used for the initial transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen (14) days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen (14) days has expired. You will bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
(2) Exclusion or Premature Expiration of the Right of Withdrawal: The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (§ 312g Abs. 2 Nr. 1 BGB).
(3) Model Withdrawal Form (If you wish to withdraw from the contract, please complete this form and return it to us.) To: Pon.Bike Performance GmbH / Reserve Wheels, Hauptstraße 17 – 19, 55120 Mainz, Germany, Email: info@ponbikeperformance.com
I/We () hereby give notice that I/We () withdraw from my/our () contract of sale of
the following goods ()/for the provision of the following service ()
Ordered on ()/received on ()
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s)
(only if this form is notified on paper) Date ()
Delete as appropriate
§ 12 Final Provisions (1) The law of the Federal Republic of Germany applies to contracts between us and you, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which you have your habitual residence as a consumer, remain unaffected. (2) If you are a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between you and us is Mainz, Germany. (3) The contract remains binding in its remaining parts even if individual points are legally ineffective. In place of the ineffective points, the statutory provisions apply, if available. However, insofar as this would represent an unreasonable hardship for one of the contracting parties, the contract becomes ineffective in its entirety. (4) Note according to § 36 VSBG: We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
Information on Extended Producer Responsibility (EPR):
In accordance with French environmental regulations (Art. L. R541-173 of the Code de l’environnement), we are registered in the national register of packaging producers. Our unique identification number (IDU) is: 50065896.