General Terms and Conditions of Sale
1. General
1.1 These general terms and conditions of sale (the “Sales Terms”) shall apply to all orders that you place via the online shop available on the website “stromerbike.com” (the “Online Shop”). The website and the online shop are operated by myStromer AG, Freiburgstraße 798, 3173 Oberwangen, Switzerland (Handelsregisteramt Kanton Bern, Firmennummer CHE-115.793.982). You can find further information about us and your possibilities to contact us in Section 9 of these Sales Terms.
1.2 Both consumers and businesses may place order in our Online Shop according to these Sales Terms. If you are a business customer and use general terms and conditions for transactions, these general terms and conditions shall only form part of the agreement between you and us if we have expressly agreed that they apply.
1.3 Unless expressly indicated otherwise herein, the provisions of these Sales Terms shall apply equally to consumers and business customers. You are a consumer if you are a natural person who is acting for purposes which are outside your trade, business or profession. You are a business customer if you are not a consumer or do not place your order as a consumer.
2. Conclusion of Contracts
2.1 If you click on the “Pay now” button after you placed the products and services that you wish to order in your shopping basket, you accept our binding offer to purchase the product and conclude a respective contract with us. We will immediately send you an e-mail confirming the conclusion of the contract.
2.2 The language available for the conclusion of the contract is Dutch and English. You can choose your preferred language by using the language selector in the header of the website.
2.3 The text of the contract (Sales Terms with your individual order data) is not saved by us after the contract is concluded and is therefore not accessible to you.
3. Delivery / Delivery Restrictions
3.1 Delivery area is the Netherlands. Delivery to other countries can be requested and will be checked by us on a case-by-case basis.
3.2 Your order is delivered to the delivery address specified by you. Bikes will only be delivered to the dealer which has been selected by you during the order process.
3.3 The goods are delivered by a shipping company selected by us. We bear the shipping risk if the order is placed by a consumer. If the order is placed by a business customer, the risk of accidental loss and accidental deterioration shall pass to the customer as soon as we have handed over the goods to the shipping company or the person or institution otherwise designated to carry out the shipment.
3.4 You can find more information about our deliveries, in particular about the shipping time, here https://www.stromerbike.com/shipping-policy.
4. Prices / Payment methods
4.1 Our prices include the applicable VAT. Shipping costs may be added to the indicated product prices. You can find more information on the shipping costs here https://www.stromerbike.com/shipping-policy.
4.2 We offer payment via creditcard (e.g. Visa, Mastercard, Maestro, American Express, UnionPay), Apple Pay, Google Pay, Paypal, iDEAL, Sofort/Klarna and Shop Pay. We do not charge any additional costs for all payment methods. Bank charges may be levied by your bank for transfers from abroad.
4.3 We reserve the right not to accept certain payment methods for an order and to refer to other payment methods.
4.4 Payment of the purchase price is due immediately after the conclusion of the contract.
5. Retention of Title
The delivered goods remain our property until full payment has been made.
6. Right of Withdrawal
If you are a consumer, you have a right to withdraw from the contract in accordance with applicable statutory provisions. You can find information about your right to withdraw from the contract here https://www.stromerbike.com/return-and-refund-policy.
7. Warranty, Guarantee
7.1 We are liable for defects in accordance with the applicable statutory provisions.
7.2 In case of purchases made by business customers, the warranty period for warranty claims shall be reduced to one year from the date of delivery. This does not apply to our liability for damages pursuant to Section 8.1 sent. (1) and Section 8.2 of these Sales Terms, in which cases the statutory limitation periods shall apply.
7.3 In addition to your rights under statutory law, we offer a manufacturer’s warranty subject to the condition available under https://www.stromerbike.com/support/warranty.
8. Liability
8.1 Our liability – irrespective of its legal basis – shall be limited to damages caused by willful intent or gross negligence. However, we are liable for simple negligence in case of damages which result from the breach of material contractual obligations (i.e. an obligation which is material for the performance of the contract and compliance with which the other party regularly expects and may expect) whereas, in this case, our liability shall be limited to typical damages which we could have foreseen as a possible consequence of such breach at the time of entering into the contract.
8.2 The limitations of liability pursuant to Section 8.1 of these Sales Terms do not apply
in case of damages to life, body or health,
if and to the extent we have maliciously deceived a defect,
if and to the extent we have assumed a guaranty for the quality of goods, or
for claims of the customers under an applicable Product Liability Act.
8.3 The limitations of liability pursuant to Section 8.1 of these Sales Terms only apply to the extent permitted by law.
9. Contact / Complaint
You can contact us by telephone at +31 85 064 4516 or by e-mail at [email protected]. You can also use the contact form available on our website.
As after-sales services for e-bikes are mainly provided by myStromer dealers, you can contact the myStromer dealers directly if you have any questions or issues with your e-bike. You can find the contact details here https://www.stromerbike.com/storefinder. If you are entitled to a warranty claim, this warranty claim can only be handled by us or the myStromer dealer from whom you (or the person that has bought the e-bike from our online shop) have collected your e-bike. If you do not know from which myStromer dealer you have picked up your e-bike or if your cannot resolve your problem with the myStromer dealer, you can of course contact us at any time.
10. Customer Care
myStromer does offer customer care services during the warranty period. These services, e.g. maintenance or repair services, are offered by myStromer dealers. You can find your nearest myStromer dealer here https://www.stromerbike.com/storefinder.
11. Online Dispute Resolution Platform
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform) at http://ec.europa.eu/consumers/odr/. We are not obliged to participate in a dispute resolution procedure. We do not participate in dispute resolution proceedings before a consumer arbitration board.
12. Final Provisions
These conditions are governed by the laws of the Netherlands to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the country in which the customer as a consumer has his habitual residence, shall remain unaffected.