§1 Scope, definitions
(1) For the business relationship between O'Neal Europe GmbH & Co. KG (hereinafter referred to as "Provider") and the customer (hereinafter referred to as "Customer"), when contracts are concluded via our online shop www.oneal.eu, the following General Terms and Conditions ("GTC") in the version valid at the time of the order shall apply exclusively.

(2) The customer is a consumer within the meaning of these General Terms and Conditions, insofar as the purpose of the ordered deliveries and services cannot be attributed predominantly to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, is acting in the exercise of his commercial or independent professional activity.

§2 Conclusion of contract
(1) The customer can select products from the provider's range, in particular clothing and accessories for mountain bikes and motorcycles, and collect them in a so-called shopping cart by clicking on the "Add to cart" button. By clicking on the "Buy" button, the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. However, the request can only be submitted and transmitted if the customer has accepted these contractual conditions by selecting the field "I have read and accept the terms and conditions." and has thereby included them in his request.

(2) The provider then sends the customer an automatic confirmation of receipt by email, 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 provider and does not constitute acceptance of the application. The contract is only concluded when the provider submits the declaration of acceptance, which is sent with a separate email (order confirmation). In this email or in a separate email, but no later than upon delivery of the goods, the contract text (consisting of the order, general terms and conditions and order confirmation) as well as the cancellation policy and sample cancellation form are sent to the customer by us on a permanent data medium (email or paper printout) (contract confirmation). The contract text is stored in compliance with data protection regulations.

(3) The contract is concluded in the language selected by the customer in the shop.

§3 Availability of goods
(1) Delivery dates stated by us are non-binding unless otherwise stated.

(2) If no copies of the product selected by the customer are available at the time of the customer's order, the provider shall inform the customer of this immediately.

(3) If the product specified by the customer in the order is only temporarily unavailable, the provider shall also inform the customer of this immediately.

(4) The following delivery restrictions apply: The provider does not deliver to customers who have their habitual residence (billing address) in one of the following countries and/or provide a delivery address in the same country: USA, Australia, New Zealand.

§4 Retention of title
The delivered goods remain the property of the provider until full payment has been made.

§5 Prices and shipping costs
(1) All prices stated on the provider’s website include the applicable statutory value added tax.
(2) The corresponding shipping costs are indicated to the customer in the order form in the last step of the ordering process (“overview”) before the purchase is completed and are to be borne by the customer unless the customer exercises his right of withdrawal. In countries within Europe there are certain freight-free limits, which can be found in the shipping costs table.
(3) The goods will be dispatched by a commissioned shipping company. The shipping risk is borne by the provider if the customer is a consumer.
(4) The provider will bear the cost of returning the goods if you use the return label provided by us for the return.

§6 Terms of payment
(1) The customer can pay by credit card, direct debit, or the payment methods linked to and through PayPal (PayPal account, PayPal direct debit, PayPal credit card or PayPal installment payment).
(2) The customer can choose from the payment methods mentioned under (1) for each new order.
(3) If the customer uses a credit card as a payment method, data is exchanged with the credit card provider via a state-of-the-art SSL connection. If the payment is secured using 3D Secure or Verified by Visa, a payment can only be processed if the customer has successfully authorized the payment using this method. The credit card is charged when the order is completed. In the case of returns, e.g. because the customer has canceled the contract after delivery, a credit is made to the credit card specified when ordering.
(3) Payment of the purchase price is due immediately upon conclusion of the contract.

§7 Warranty for material defects, guarantee
(1) The provider is liable for material defects in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB).
(2) An additional guarantee for the goods delivered by the provider only exists if this was expressly stated in the order confirmation for the respective article.

§8 Conditions for promotional vouchers
The following conditions only apply to promotional vouchers, unless otherwise stated on the voucher. They do not apply to merchandise vouchers (i.e. 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 when making a purchase. Vouchers may not be transferred. Only one voucher can be redeemed per order. Vouchers cannot be combined with one another or redeemed for cash and do not bear interest.

The period of validity and, if applicable, the minimum order value (including VAT, excluding shipping costs and fees) will be announced during the voucher promotion.

The voucher value is distributed proportionately among the goods ordered. If individual items are returned, the voucher is credited proportionately to the price of the returned goods. If a voucher is tied to a minimum order value, this must be reached even if goods are partially returned. Otherwise, the voucher value will not be credited. If goods are returned, the credited amount of the promotional voucher will not be refunded and the voucher cannot be used again.

§9 Liability
(1) The customer's claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, body or health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.

(2) In the event of a breach of essential contractual obligations, the provider shall only be liable for the damage typical for the contract and foreseeable if this was caused by simple negligence, unless the customer has claims for damages arising from injury to life, body or health.

(3) The restrictions in paragraphs 1 and 2 shall also apply to the benefit of the provider’s legal representatives and vicarious agents if claims are asserted directly against them.

(4) The liability limitations arising from paragraphs 1 and 2 do not apply if the provider has fraudulently concealed the defect or has provided a guarantee for the quality of the item. The same applies if the provider and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.

§10 Cancellation policy
(1) When concluding a distance selling contract, consumers generally have a statutory right of cancellation, about which the provider will inform them below in accordance with the statutory model. A model cancellation form can be found in paragraph (2).

Right of cancellation
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods. If you have ordered several goods in a single order and these are delivered separately, the cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the last goods. To exercise your right of cancellation, you must notify us (O'Neal Europe GmbH & Co. KG, Erich-Blum-Str. 33, 71665 Vaihingen/Enz, telephone +49 7042 289000, email: info@oneal-europe.com) of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post or email). You can use the attached model cancellation form for this purpose, although this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.

Consequences of revocation
If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier. You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period. We will bear the cost of returning the goods. You must pay for any
loss of value of the goods only if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.
is due to.

(2) The provider informs about the model withdrawal form in accordance with the statutory provisions as follows:

Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back.)

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

– 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 if notification is on paper)

- Date

(*) Delete as appropriate.

§11 Final provisions
(1) Contracts between the provider and the customer are subject to the law of the Federal Republic of Germany, excluding 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 state in which the customer as a consumer has his or her habitual residence, remain unaffected.

(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 provider is the registered office of the provider.

§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 (Section 13 of the German Civil Code), we declare our willingness to participate in a consumer arbitration procedure in accordance with the Consumer Dispute Settlement Act. The arbitration board responsible for us is the consumer arbitration board of the Center for Arbitration eV, Straßburger Straße 8, 77694 Kehl am Rhein, telephone 07851/795 79 40, fax 07851/795 79 41, email: mail@verbraucher-schlichter.de, website: www.verbraucher-schlichter.de