§1 Scope of Application, Definitions

1.1 The business relationship between O'Neal Europe GmbH & Co. KG (hereinafter referred to as "Supplier") and the customer (hereinafter referred to as "Customer") is be governed exclusively by the following General Terms and Conditions ("GTC") in the version valid at the time the order is placed.

1.2 The Customer is a consumer in the sense of these GTC, insofar as the purpose of the ordered goods or services cannot be predominantly attributed to the commercial or independent professional activity of the Customer. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his or her commercial or independent professional activity.

§2 Conclusion of Contract

2.1 The Customer can select products from the Supplier's range, in particular mountain bike and motorcycle clothing and accessories, and collect them in a so-called shopping cart by clicking on the "Add to cart" button. By clicking on the "buy now" button, the Customer makes a binding request to purchase the goods in the shopping cart. Before sending the purchase request, the Customer can change and view the data at any time. However, it is only possible to make the request and the request will only be transmitted if the Customer has accepted these GTC by selecting the field "I accept the general terms & conditions" and thereby included them in the purchase request.

2.2 The Supplier then sends the Customer an automatic confirmation of receipt by e-mail, in which the Customer's order is listed again and which the Customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the Customer's order has been received by the Supplier and does not constitute acceptance of the request. The contract is concluded upon declaration of acceptance of the Supplier, which is sent by separate e-mail (Order Confirmation). In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the text of the contract (consisting of order, GTC and Order Confirmation) as well as the cancellation policy together with the sample cancellation form will be sent to the Customer by us on a permanent data carrier (e-mail or paper printout) (Contract Confirmation).

2.3 The contract is concluded in the language selected by the Customer in the shop.

§3 Availability of Goods

3.1 Delivery dates stated by us are non-binding, unless otherwise specified.

3.2 If no items of the product selected by the Customer are available at the time the order of the Customer is placed, the Seller will inform the Customer of this in the Order Confirmation. If the product is permanently not available, the Supplier refrains from a declaration of acceptance. A contract is not concluded in this case.

3.3 If the product designated by the Customer in the order is only temporarily unavailable, the Supplier will also inform the Customer of this immediately in the Order Confirmation.

3.4 The following delivery restrictions apply: The Supplier will not deliver to Customers who have their habitual place of residence (billing address) in one of the following countries and/or provide a delivery address in the such a country: USA, Australia, New Zealand.

§4 Retention of Title

The delivered goods remain the property of the Supplier until they have been paid in full.

§5 Prices and Shipping Costs

5.1 All prices quoted on the Supplier's website are inclusive of the applicable statutory value added tax.

5.2 The corresponding shipping costs are indicated to the Customer in the order form and are to be borne by the Customer, unless the Customer makes use of his cancellation right. In countries within Europe delivery may be free of charge in certain cases. Please refer to the shipping cost table for more details.

5.3 The goods will be shipped by a forwarding agent. The shipping risk is borne by the Supplier if the Customer is a consumer.

5.4 In the event the order is canceled, the Customer bears the costs directly associated with the return shipment.

§6 Payment Terms

6.1 The Customer can make the payment by credit card, direct debit, cash on delivery, prepayment, or the payment methods offered by PayPal (PayPal account, PayPal direct debit, PayPal credit card or PayPal installment payment).

6.2 The Customer can change the payment method stored in his user account at any time.

6.3 If the customer uses the credit card payment method, data is exchanged with the credit card provider via an SSL connection that is securely encrypted according to the state of the art. If the payment is secured via 3D-Secure or Verified by Visa, a payment can only be processed if the Customer has successfully released the payment via this procedure. The credit card will be charged upon completion of the order. In the case of returns, e.g. because the Customer has canceled the contract after delivery, the amount will be credited to the credit card specified when the order was placed.

6.3 Payment of the purchase price is due and payable immediately upon conclusion of the contract. If the due date for payment is determined according to the calendar, the Customer is already in default by missing the deadline. In this case, the Customer has to pay the Supplier interest on arrears for the year at a rate of 5 percentage points above the base rate.

6.4 The obligation of the Customer to pay default interest does not exclude the assertion of further claims for damage caused by default by the Supplier.

§7 Warranty for Material Defects, Guarantee

7.1 The Supplier is liable for material defects [Sachmängel] in accordance with the applicable statutory provisions, in particular Section 434 et seqq. Of the German Civil Code (BGB). The warranty period for goods delivered by the Supplier to entrepreneurs is 12 months.

7.2 An additional guarantee exists for the goods delivered by the Supplier only if this was expressly given in the Order Confirmation for the respective item.

§8 Conditions for Promotional Vouchers

The following conditions apply to promotional vouchers, provided that the voucher itself does not state other conditions. They do not apply to goods vouchers (i.e. those vouchers that were purchased against payment (e.g. as a gift)).

• Promotional vouchers can only be used in our online shop. To redeem a voucher, the same email address to which the voucher was sent must be used at the time of purchase. Vouchers may not be transferred. Only one voucher can be redeemed per order. Vouchers cannot be combined or redeemed for cash and do not accrue interest.
• Validity period and minimum order value (incl. VAT, without shipping costs and fees) will be announced at the time of the voucher campaign.
• The voucher value will be allocated proportionally to the ordered goods. In the event of the return of individual items, the voucher will be credited proportionally to the price of the returned goods. If a voucher is linked to a minimum order value, this must also be reached if some of the goods are returned. Otherwise the value of the voucher will not be credited. In case of returned goods, the credited amount of the promotional voucher will not be refunded and the voucher cannot be reused.

§9 Liability

9.1 Claims of the Customer for damages are excluded. Excluded from this are claims for damages of the Customer arising from injury to life, limb or health or from the breach of material contractual obligations (cardinal obligations) as well as liability for other damage or loss caused by an intentional or grossly negligent breach of duty by the Supplier or the legal representatives or vicarious agents of the Supplier. Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

9.2 In the event of a breach of material contractual obligations, the Supplier will only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, limb or health.

9.3 The limitations of clauses 9.1 and 9.2 also apply for the benefit of the legal representatives and vicarious agents of the Supplier, if claims are asserted directly against them.

9.4 The limitations of liability resulting from clauses 9.1 and 9.2 do not apply if the Supplier has fraudulently concealed a defect or has given a guarantee for the quality of the item [Beschaffenheitsgarantie]. The same applies insofar as the Supplier and the Customer have reached an agreement on the quality of the item. The provisions of the German Product Liability Act (ProdHaftG) remain unaffected.

§10 Cancellation Policy

10.1 In principle, consumers have a statutory right of cancellation when concluding a distance selling transaction, about which the Supplier informs them below in accordance with the statutory sample form. You will find a sample cancellation form under 10.2 below.

Cancellation Policy

Right of Cancellation

You have the right to cancel this contract within fourteen days without stating reasons.

The cancellation period is fourteen days from the day on which you or a third party specified by you who is not the carrier has taken possession of the last goods.

To exercise your right of cancellation, you must inform us (O'Neal Europe GmbH & Co. KG, Erich-Blum-Str. 33, 71665 Vaihingen/Enz, telephone +49 (0)7042 289000, fax +49 (0)7042 2890079, e-mail: info@oneal-europe.com) by means of an unambiguous declaration (e.g. a letter sent by post, fax or e-mail) about your decision to cancel this contract. For your convenience, we have attached a cancellation form which you may use for this purpose. However, you are not obliged to use this form.

In order to comply with the cancellation period, all you have to do is send the notice of the exercise of the cancellation right prior to expiry of the cancellation period.

Consequences of Cancellation

If you cancel this contract, we must reimburse to you all payments which we have received from you, including the delivery costs (with the exception of the additional costs arising from the fact that you have selected a type of delivery which is different from the cheapest standard delivery offered by us); the repayment must be made immediately and no later than fourteen days after the date on which we received the notice of your cancellation of this contract. For this repayment we will use the same payment method as the one used by you in the original transaction, unless otherwise expressly agreed with you; under no circumstances will fees be charged to you due to this repayment. We may refuse to make repayment until we have received the goods back again or until you have provided evidence that you have returned the goods depending on which is the earlier date.

You must return the goods to us immediately, and in any event within no later than fourteen days after the date on which you notify us of the cancellation of this contract either by shipping them to us or handing them over to us. The period will be complied with if you dispatch the goods prior to the expiry of the fourteen-day period. You must only pay for any depreciation of the goods if said depreciation is attributable to handling the goods in a manner that was not necessary for the purpose of examining the condition, properties and functionality of the goods.

10.2 The Supplier informs about the sample cancellation form according to the legal regulation as follows:

Sample Cancellation Form

(If you wish to cancel the contract, please complete and return this form.)

–   To: O’Neal Europe GmbH & Co. KG, Erich-Blum-Str. 33, 71665 Vaihingen/Enz, Germany

– I/We (*) hereby cancel 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 consumer(s)

– Address of consumer(s)

– Signature of the consumer(s) (only if notification is in paper form)

– Date

(*) Delete as applicable.

§11 Final Provisions

11.1 The law of the Federal Republic of Germany applies to contracts between the Supplier and the Customer, to the exclusion of the United Nations 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 the Customer has his habitual residence as a consumer, will remain unaffected.

11.2 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 contractual relationships between the Customer and the Supplier will be the Supplier's registered office.

§12 Consumer Dispute Resolution

(1) The European Commission provides a platform for online dispute resolution (ODR), which you can access at https://ec.europa.eu/consumers/odr.

(2) In the event of legal conflicts with consumers within the meaning of Section 13 of the German Civil Code (BGB), we declare our willingness to participate in a consumer dispute resolution procedure under the German Act on Alternative Dispute Resolution in Consumer Matters (VSBG). The  conciliation body responsible for us is the consumer conciliation body of the Zentrum für Schlichtung e.V., Strassburger Strasse 8, 77694 Kehl am Rhein, Germany, telephone +49(0)7851/795 79 40, fax +49 (0)7851/795 79 41, e-mail: mail@verbraucher-schlichter.de, website: www.verbraucher-schlichter.de