General Terms and Conditions for the Sale and Delivery of Products of GLEAM Technologies GmbH
GLEAM Technologies GmbH,
Donau-City-Straße 6 / 2.OG /
1220 Vienna, Austria
Company Number: 398434h
These general terms and conditions (“GTC”) apply to the sale, rent, and delivery of products of GLEAM Technologies GmbH, Donau-City-Strasse 6 / 2.OG / 1., 1220 Vienna, company number: 398434h. The contracting party (“customer”) agrees that in case of doubt, our conditions shall be assumed, even if the conditions used by the contracting party remain uncontested.
Fulfillment of the contract by GLEAM Technologies GmbH shall not be deemed as consent to deviating from these terms and conditions. If ambiguity nevertheless remains in the interpretation of the contract, contents shall apply that are usually agreed upon in comparable cases.
These general terms and conditions apply as a framework agreement for all further legal transactions between GLEAM Technologies GmbH and the customer unless deviating agreements have been made between the parties.
Offers and contract
Our offers are non-binding. The contract on the basis of these general terms and conditions shall only be deemed concluded upon the submission of a written order confirmation by GLEAM Technologies GmbH.
Changes to these terms and conditions may only be made with the written consent of both parties.
After placing an order by the customer and the written order confirmation by GLEAM Technologies GmbH, this order can no longer be canceled by the customer.
This does not apply to consumer transactions in accordance with the provisions of the FAGG Distance Selling Act.
Consumers are entitled to a 14-day withdrawal period from the contract from the owner’s possession by the consumer.
Right of withdrawal
Consumers residing within the EU have the right to withdraw from contracts if the contract is concluded in the context of the GLEAM Technologies GmbH webshop. This right of withdrawal does not apply to products that are made to customer specifications or are clearly tailored to personal needs.
The right of withdrawal is to be exercised within fourteen days from the day on which the customer took possession of the product or partial deliveries of the last delivery without giving reasons. To exercise the right of cancellation, the customer must inform GLEAM Technologies GmbH directly at GLEAM Technologies GmbH, Donau-City-Straße 6/2. OG, 1220 Vienna, [firstname.lastname@example.org], [+ 43-650-2908274] by means of a clear explanation (e.g. a letter sent by post, fax or email) or orally (e.g. by telephone) about the decision to cancel this contract. The form below can be used to exercise your right of withdrawal. To meet the cancellation deadline, it is sufficient for you to send your communication regarding your exercise of the right of cancellation before the cancellation period expires. If the customer withdraws from the contract, GLEAM Technologies GmbH refunds all payments received by the customer including the delivery costs (with the exception of the additional costs that result from the customer choosing a different type of delivery than the cheapest standard delivery) immediately and at the latest to be repaid fourteen days from the date on which GLEAM Technologies GmbH received notification of your cancellation of this contract. For this repayment, GLEAM Technologies GmbH uses the same payment method that was used in the original transaction, unless expressly agreed otherwise with the customer; in no case will the customer be charged for this repayment.
Prices and payments
The prices for GLEAM Technologies GmbH’s products and additions (“products”) specified in the respective purchase contract are exclusive of sales tax, at best including transport costs and expenses and are to be paid in euros. In the event of offsetting, any taxes will be added to the product price.
After receipt of the invoice by GLEAM Technologies GmbH, the customer must transfer the amount specified therein to the Raiffeisenlandesbank Niederösterreich-Wien, IBAN: AT753200000012157004, BIC code RLNWATWW within the agreed payment period, but no later than 30 days.
Payment is only considered to have been made in time if the amount was received on the due date or credited to the account. In the event of a consumer transaction, the payment is considered timely if the transfer order has been placed at the latest on the due date.
For the case of default, even if this is not the fault of the customer, from the due date 7% of the purchase price will be charged annually as default interest. In the event of default, the customer is also obliged to reimburse all costs incurred in the operation of the outstanding claims. In the case of partial payment, the entire amount is due as soon as the customer falls behind with only one installment of the partial payment. Notwithstanding this, GLEAM Technologies GmbH has the right to withdraw from the contract in this case.
Retention of Title
The product remains the property of GLEAM Technologies GmbH until full payment of the purchase price and all costs and expenses. A resale is only permitted if GLEAM Technologies GmbH has been informed well in advance under the name or the company and the exact business address of the customer and GLEAM Technologies GmbH agrees to the sale. In the case of consent, the purchase price claim is deemed to have been assigned to GLEAM Technologies GmbH, which at any time authorizes GLEAM Technologies GmbH to inform the third-party debtor of this assignment. In the case of a large number of claims by GLEAM Technologies GmbH, payments by the debtor are primarily attributed to those claims that are no longer secured by a reservation of title or other security.
In the event of default, GLEAM Technologies GmbH is entitled to assert its own rights from the retention of title. It is agreed that the assertion of the retention of title does not constitute a withdrawal from the contract unless GLEAM Technologies GmbH expressly declares its withdrawal from the contract. When withdrawing from the contract and taking back the goods, we are entitled to offset the transport costs incurred.
With the exception of the resale mentioned above, the customer may not dispose the reserved goods until the purchase price has been paid in full, in particular not pledge, give away or lend them. The customer is particularly liable for the risk of destruction, loss, or deterioration.
Our prices do not include installation costs. On request, however, these services can be provided or organized against separate payment by GLEAM Technologies GmbH.
If the customer has not accepted the product as agreed (default in acceptance), we are entitled to put the product into storage after the unsuccessful grace period, for which we charge a storage fee of 0.1% of the gross invoice amount per calendar day or at the customer’s cost and risk to be stored by an authorized tradesperson. At the same time, we are entitled to either insist on the fulfillment of the contract or, after setting a reasonable grace period of at least 2 weeks, to withdraw from the contract and to use the product for other purposes, should no other agreements be made between GLEAM Technologies GmbH and the customer.
Any material that is exchanged in the course of repairs by GLEAM Technologies GmbH or an official partner, unless otherwise agreed, becomes the property of GLEAM Technologies GmbH without the need for separate notification by the customer.
A claim for damages by the customer due to non-performance or delay is excluded unless these circumstances are caused deliberately or through gross negligence by GLEAM Technologies GmbH.
GLEAM Technologies GmbH reserves the right to withdraw from the contract if, after confirmation of the order and prior to delivery, it becomes aware of circumstances in the customer’s economic circumstances which make its claim no longer sufficiently secure.
The agreed delivery periods begin with the conclusion of the contract. However, GLEAM Technologies GmbH is entitled to extend the delivery period by the duration of the impediment in the case of a delay due to force majeure ( ecological calamities, pandemics, ect.), but at the latest by six (6) months.
If for other reasons, the delivery delay is delayed and GLEAM Technologies GmbH lets the grace period of two (2) months elapse fruitlessly, the customer has the right to withdraw from the contract.
Withdrawal from the contract
In the event of a delay in acceptance or other important reasons that are in the person of the customer, such as bankruptcy of the customer or rejection of bankruptcy due to a lack of assets, as well as in the event of a delay in payment by the customer, GLEAM Technologies GmbH is entitled to withdraw from the contract if it has not yet been fully fulfilled by both sides. In the event of withdrawal, GLEAM Technologies GmbH has the choice, at fault of the customer, to request flat-rate compensation of 15% of the gross invoice amount or compensation for the damage actually incurred (storage fee, etc.). If the customer defaults on payment, GLEAM Technologies GmbH is released from all further performance and delivery obligations and is entitled to withhold outstanding deliveries or services and to request advance payments or guarantees or to withdraw from the contract after setting a reasonable grace period. In the event of an unjustified withdrawal by the customer, GLEAM Technologies GmbH has the choice to insist on the fulfillment of the contract or to consent to the cancellation of the contract; in the latter case, the customer is obliged to either pay flat-rate compensation in the amount of 15% of the gross invoice amount or the damage actually incurred.
Fulfillment and acquisition conditions
The delivery is fulfilled:
- for deliveries ex works: upon submission of the notification (by e-mail is sufficient) that GLEAM Technologies GmbH is ready to ship. After receiving notification of the provision, the customer must check and accept the product at the agreed place of acceptance. If this takeover does not take place within 8 days, the object of purchase is deemed to have been properly taken over and the customer has to bear all costs incurred for the late takeover.
- for deliveries with an agreed destination: upon delivery to the transport company.
If the customer expressly or tacitly refrains from the examination, the product is deemed to have been properly delivered and accepted upon leaving GLEAM Technologies GmbH or an official partner.
All risks, including those of accidental loss, pass to the customer at the time of performance, who is responsible for the necessary insurance cover. At this point in time, the object of purchase within the meaning of § 6 of the Product Liability Act has been transferred to the customer’s power of disposal and thus placed on the market. Deviations from the above services are only possible with an express agreement between GLEAM Technologies GmbH and the customer. If the delivery time is set by the supplier and this is exceeded by the buyer, a storage fee can be charged. Shipping is always ex works at the expense and risk of the buyer.
- The statutory warranty rules apply to consumers.
- For all other transactions (between two companies), the customer is obliged to notify GLEAM Technologies GmbH or an official partner of the identified defect in writing (email is sufficient) within 8 days after delivery of the product.
If there is a shortage of parts that were not produced by GLEAM Technologies GmbH, GLEAM Technologies GmbH will contact the manufacturers of the corresponding components directly in order to find a quick solution. Claims for conversion or price reduction are expressly excluded. Defects that are due to natural wear and tear or to the negligence of the customer and therefore were not present at the time of delivery are excluded from the warranty. The warranty also expires if parts are installed that are not from GLEAM Technologies GmbH or Bosch. There is also no guarantee for used products or repair work. Hidden defects must be reported to GLEAM Technologies GmbH in writing immediately (in any case within 8 days of their discovery) (email is sufficient).
If a notice of defects is not raised or not made in good time, the goods are considered approved. The assertion of warranty or compensation claims as well as the right to contest errors due to defects are excluded in these cases.
In the case of a consumer transaction, the warranty and compensation provisions apply in any case.
Compensation and disclaimer
Liability by GLEAM Technologies GmbH is limited to gross negligence and fault. This does not apply to personal injury. The replacement of consequential damages as well as other damages, in particular financial losses, is excluded to the extent permitted by law.
Any recourse claims that are put against us by contract partners or third parties from the title “Product Liability” in the sense of the PHG, are excluded, unless the person entitled to recourse proves that the error in the sphere of GLEAM Technologies GmbH was caused and was at least negligent.
Should individual provisions of these General Terms and Conditions or of the concluded purchase contract be ineffective, the remaining contract remains nonetheless valid. In this case, the ineffective provision will be replaced by a legally valid provision that comes closest to that intended by the parties.
- Austrian law applies to these terms and conditions. The applicability of the UN purchase right and international private law is excluded. The place of jurisdiction is in Vienna, Austria, if permitted by law.
All agreements, subsequent changes, additions, ancillary agreements, etc. must be in writing to be valid, including the original signature or secure electronic signature.
Declarations, advertisements, etc. addressed to GLEAM Technologies GmbH – with the exception of notices of defects – must be in writing in order to be legally effective, including the original signature or the secure electronic signature.
(If you want to cancel the contract, please fill out this form and send it back)
– To GLEAM Technologies GmbH, Donau-City-Strasse 6 / 2nd floor / 1st, 1220 Vienna, [E-MAIL]
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)
– Ordered on (*) / received on (*)
-Name of the consumer (s)
– Address of the consumer (s)
– Signature of the consumer (s) (only for notification on paper)
(*) Delete where inapplicable.
Products from GLEAM Technologies GmbH correspond to the latest technology and are equipped with the best components. As a result, GLEAM Technologies GmbH grants the first-time buyer a 3-year warranty on material defects and processing errors for the frame including the rear triangle when purchasing a product. The specified 3-year guarantee on the frame is only granted if the maintenance intervals are carried out by an authorized GLEAM dealer (see website [http://www.gleam-bikes.com/]) in accordance with the operating instructions. This must be confirmed by the authorized GLEAM dealer with a stamp and signature. Inspection and maintenance costs are the responsibility of the product owner. If the maintenance intervals are not observed, the guarantee is reduced to 1 year. For bikes that are exposed to extreme loads (commercial use), the warranty of the motor and the associated components is also limited to 1 year.
For electric bicycles/pedelecs, the same warranty terms apply to the frame as for conventional bicycles. With regard to the built-in components of the electric drive (battery, control, motor …) there is a guarantee period of two years (starting from the date of purchase – based on material/processing defects). However, it is essential to observe the respective information from the component manufacturer (regarding minimum capacity/charging cycles of the battery, etc.). For this information, please refer to the drive-specific operating instructions included with each electric bicycle/pedelec.
The guarantee periods start from the date of purchase. This guarantee is only granted to the first-time buyer by an authorized GLEAM dealer, excluding purchases made via internet auctions. If a warranty claim arises, GLEAM has the option of repairing or replacing the defective component at its own discretion. Components that are not defective will only be replaced at the expense of the guarantee holder. Wear parts are excluded from the warranty if they are damaged by normal wear and tear. These parts are in detail: rims, paint, brake pads and brake discs, saddle, handles, tires, handlebars, stem, seat post, bearings and seals of moving parts, pinions, shift rollers, belts, brake and shift cables as well as illuminants. GLEAM cannot accept any liability for damage caused by the modification or addition of accessories that are unsuitable for the respective bicycle type and improper use. The guarantee is generally valid worldwide. To claim the guarantee, go to your point of sale with the guarantee certificate. The dealer will then take the necessary action. A warranty claim cannot be asserted if changes have been made to the original design or equipment or the bike has been used under improper conditions, especially above the max. permissible total weight of 270kg was used and / or the instructions in the operating instructions were not followed. With this guarantee, GLEAM grants a voluntary manufacturer’s guarantee. Additional claims from national warranty law remain unaffected.