Notice:

It is pointed out that all bikes from the DARKSIDE BICYCLES brand do not comply with the road traffic regulations.

§1. Scope of application

(1) Unless otherwise expressly agreed, all deliveries and services of DSB Evolution GmbH are based on the General Terms and Conditions (GTC) formulated below.

(2) The GTC apply to both consumers and entrepreneurs. If individual conditions only apply to consumers or entrepreneurs, this is expressly indicated.

(3) Consumers in the sense of these terms and conditions are natural persons with whom a business relationship is entered into without them acting in the exercise of a commercial or independent professional activity.

(4) Entrepreneurs within the meaning of these Terms and Conditions are natural or legal persons or partnerships with legal capacity with whom a business relationship is entered into and who are acting in the exercise of their commercial or independent professional activity.

(5) We do not accept any deviating terms and conditions of the Buyer. This shall also apply if we do not expressly object to their inclusion.

§2 Conclusion of contract

(1) All information, specifications and descriptions concerning DARKSIDE BICYCLES products are non-binding. Essentially, this applies to all illustrations, drawings, dimensions, weights, descriptions and prices published in connection with DARKSIDE BICYCLES products. An assurance of characteristics cannot be given. Errors and omissions excepted.

(2) The sales contract comes off with DSB Evolution GmbH.

The presentation of the products in the online store is not a legally binding offer, but a non-binding online catalogue. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction tools provided and explained for this purpose in the order process. By clicking the order button, you make a binding offer for the goods contained in the shopping cart. The confirmation of receipt of your order will be sent by e-mail immediately after sending the order.

We accept your offer within two days by:

• we issue a declaration of acceptance in a separate e-mail, or
• if applicable, the payment transaction is executed by our service provider or the selected payment service provider. The execution time of the payment transaction depends on the respective selected payment method (see §4 Prices and payment).

§3 Delivery

(1) The costs of delivery shall be borne by the Purchaser. In the ordering process, the amount of the shipping costs is displayed and shown in the invoice. Shipments abroad may result in higher shipping costs. Additional customs duties, taxes and fees may apply to shipments to non-EU countries.

(2) Additional costs incurred due to undeliverability of a shipment shall be borne by the Buyer if he is responsible for the undeliverability. A shipment shall be deemed undeliverable if a person authorized to receive the shipment cannot be found and the collection period has expired fruitlessly, acceptance by the person authorized to receive the shipment is refused or the recipient cannot be determined at the address provided by him.

(3) The delivery times stated by us are calculated from the time of our order confirmation, in the case of payment by advance bank transfer, however, not before the invoice amount has been credited to our account. Deliveries abroad may be delayed, for example, due to customs clearance.

(4) A delay in delivery due to force majeure, non-delivery of DSB Evolution GmbH, strike, or other operational disruptions for which DSB Evolution GmbH is not responsible do not constitute claims of the buyer against DSB Evolution GmbH.

§4. Prices and payment

All prices are gross prices in the currency Euro including the statutory VAT and plus applicable shipping costs.

In principle, the following payment methods are available to the customer:

Credit card

With the submission of the order you transmit your credit card data to us at the same time.

After your legitimation as a legitimate cardholder, we will request your credit card company to initiate the payment transaction immediately after the order. The payment transaction is automatically carried out by the credit card company and your card is charged.

PayPal

In order 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, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after placing the order. You will receive further instructions in the order process.

Google Pay

In order to pay the invoice amount via the payment service provider Google Ireland Ltd, Gordon House, Barrow Street, Dublin 4, Ireland ("Google"), you must be registered with Google, have activated the Google Pay function, legitimize yourself with your access data and confirm the payment instruction. The payment transaction will be carried out immediately after placing the order. You will receive further instructions during the order process.

Apple Pay

In order 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 activated the Apple Pay function, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. You will receive further instructions in the order process.

§5. Terms of payment and set-off and rights of retention

(1) You can pay the purchase price and shipping costs after only with the payment options offered by us. All payments are due immediately.

(2) The buyer has the right to offset only if his counterclaims are legally established or undisputed.

(3) The Buyer shall only be entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

§6. Right of withdrawal

(1) Consumers are entitled to the statutory right of withdrawal as described in the cancellation policy.

(2) Entrepreneurs are not granted a voluntary right of withdrawal. Contracts are concluded bindingly.

§7. Retention of title

(1) The goods remain our property until full payment.

(2) For entrepreneurs, the following shall apply in addition: We retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You shall remain authorized to collect the claims, but we may also collect claims ourselves insofar as you do not meet your payment obligations. We shall release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.

§8. Transport damages

(1) The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the delivery company as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.

(2) For entrepreneurs, the following shall apply: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment.

§9. Warranty and guarantee

(1) In addition to the legal warranty, a voluntary warranty of 2 years is granted on frames and forks. Your warranty will be activated only after your registration and receipt of your proof of professional assembly. This warranty applies only to the original purchaser and is not transferable. Should the product be transferred to another person, this warranty will be voided. Warranty will be provided, at our option, by replacement or repair of parts found to be defective using identical or comparable parts, depending on the state of technical development. Work carried out under warranty will not result in an extension of the warranty, unless national legislation provides for special provisions in this regard. The shipping costs for the return are to be borne by the buyer.

(2) We shall be liable for material defects or defects of title of delivered items in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB. Therefore, the goods must be inspected by you immediately upon receipt for defects as well as transport damage. Defects and transport damage must be reported immediately. The claim to warranty does not exist if the reported defect was caused by improper use such as improper handling (jumps, radical driving maneuvers, accidents), by a way not approved by us was changed, or the instructions on the treatment, maintenance and care of the purchased item were not followed. Natural wear and tear is excluded from the warranty.

(3) The warranty does not apply to:

• maintenance (lubrication, adjustments) or any parts that are subject to functional wear, unless there is a production or material defect (tires, tubes, brake pads, freewheels, sprockets, chainring, chains, handlebar tape, grips, saddle, brake lines, brake line housing, seals, etc.).
• Damage caused by improper use and force majeure (see Appendix A Intended use of your bike).
• Damage caused by improper or poor maintenance and care, non-professional repairs, conversions or replacement of parts.
• Damage caused by accidents or other unusual external influences, insofar as these are not due to product defects.
• Repairs with used parts or consequential damage due to these.
• Damage caused under competitive conditions.
• Subsequent add-on parts not included in the scope of delivery at the time of delivery or damage caused during the installation of these parts.

(4) The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.

(5) Seller warranties given by us for certain items or manufacturer warranties granted by the manufacturers of certain items shall be in addition to claims based on material defects or defects of title within the meaning of para. 1. Details of the scope of such warranties shall be set out in the warranty conditions which may be enclosed with the items.

§10. Liability

(1) We shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.

(2) In other cases, we shall only be liable - unless otherwise stipulated in para. 3 - in the event of a breach of a contractual obligation, the fulfillment of which is a prerequisite for the proper performance of the contract and on the observance of which you as the customer may regularly rely (so-called cardinal obligation), limited to compensation for the foreseeable and typical damage. In all other cases, our liability shall be excluded subject to the provision in paragraph 3.

(3) Our liability for damages arising from injury to life, body or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.

§11. Copyright

The photographs, illustrations, videos and texts are the property of the seller. Any further use is allowed only after consent.

§12. Extended Producer Responsibility (EPR)

As a manufacturer, we are committed to extended producer responsibility (EPR) in France in accordance with the legal provisions. We label all our products placed on the market in accordance with the applicable environmental regulations and implement all necessary measures for collection, reuse and recycling. Our responsibility extends to the environmentally sound disposal of our products and we cooperate closely with relevant institutions and recycling facilities to ensure that they are taken back and recycled in accordance with legal requirements. These obligations are an integral part of our Terms of Service. Our EPR number is FR366122_01MMRO.

§13. Dispute resolution

The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

§14. Data protection

All personal data will be treated confidentially and used exclusively for order and information processing. Personal data will not be passed on to third parties. Details can be found in our privacy policy.

§15. Applicable law and place of jurisdiction.

The place of jurisdiction is Mannheim. German law shall apply exclusively to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

§16. Special regulations for commercial customers

(1) Delivery and payment periods may be agreed between the parties in deviation from these GTC.

(2) The statutory warranty period shall be reduced to one year.

§17. Miscellaneous

Completely or partially invalid or unenforceable provisions of these General Terms and Conditions shall not affect the validity of the other provisions. This also applies to loopholes.