TERMS AND CONDITIONS
(1) This website (the "Site") and/or the Services, including any associated mobile application (collectively: the "Services") and any other services that we offer to our customers as part of our business operations (the "Services Offered") , as well as the booking of such services offered (the "Booking") via the Site, is owned and operated by E-Experience GbR (hereinafter also: "we", "us" and "our(s)"). These terms and conditions (“Terms”) set out the conditions under which visitors or users (collectively: “Users” or “you”) can visit or use the Site and/or the Services and make bookings.
(2) By accessing or using the Services, you agree to the Terms and agree to them in a binding manner. If you do not agree to all of the Terms, do not access the Site or use the Services. Please read these Terms carefully before accessing our Site or using the Services or making any bookings. These terms tell you who we are, how to make and cancel bookings and what to do if you have a problem.
(3) You represent that you are of legal age and have the legal authority, right and freedom to enter into a binding agreement based on these Terms and to use the Services and make bookings. If you are a minor, you will need parental or legal guardian permission to use the Services or make bookings.
BOOKING OF SERVICES OFFERED
(1) You can make bookings to rent the services offered. Through our Site or our Services, we may authorize you to make appointments to use the Services we offer. When you make an appointment for any of the services we offer, you agree to be at the specified location at the scheduled time and to pay the price shown using the agreed method of payment. If you are unable to keep the scheduled appointment, you agree to cancel that appointment no later than 24 (twenty-four) hours prior to the originally scheduled time. If you do not cancel an agreed appointment or if you do not cancel it at least 24 (twenty-four) hours in advance, you will not receive a refund for payments already made.
(2) We may request payment for a specific service offered. When you make a payment in our offered services, you agree that: (i) you are responsible for reading the full listing and description of the services offered before committing to book them, and (ii) you are entering into a legally binding contract to book an offered service when you complete the booking process.
(3) Our prices are listed on the Site or in the Services. We reserve the right to change our stated prices for services offered at any time (provided that you will only be charged the amount you agreed to prior to the price change) and to correct inadvertent pricing errors with future effect.
(4) The legally binding agreement on booking the services offered is only concluded when we send you a confirmation e-mail. We reserve the right not to accept your booking request. This does not apply in cases where we offer a payment method - and you choose this payment method for your order - in which a payment transaction is initiated immediately (e.g. electronic transfer or real-time transfer via PayPal, Giropay, Paydirekt). In this case, the legally binding contract is deemed to have been concluded when you have initiated the booking process, as described above, using the "Book with obligation to pay" button.
(7) The contract can be concluded in [German] language. After the conclusion of the contract, the contract conditions are stored with us, you then no longer have access to them.
(8) The fees for the services offered are due before the start of the service. In the event that payment for the services offered is to be made offline, you hereby agree to send payment in full prior to the scheduled time of the appointment. We reserve the right to refuse to provide any of the services offered at any time if payment has not been received.
REFUNDS ARE NOT SUBJECT TO CANCELLATION PROTECTION
Agreed appointments for services offered may occasionally be canceled due to events beyond our control, such as natural disasters. In these cases you will receive a refund.
RIGHT OF WITHDRAWAL
(1) If you make a booking for the services offered via the site or the services, the following instructions will inform you about your right of withdrawal.
You can revoke this contract within 14 days without giving a reason.
The cancellation period expires 14 days after the conclusion of the contract.
In order to exercise your right of withdrawal, you must inform us
[Please provide company name and address],
Telephone number: [Please provide telephone number],
Fax number: [Please provide fax number],
E-mail address: [provide e-mail address]
inform you of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter by post, fax or e-mail). You can (but do not have to) use the attached withdrawal form for this.
CONSEQUENCES OF WITHDRAWAL
If you cancel this contract, we will refund to you - without undue delay and in any case no more than 14 days after receipt of the notification of your cancellation - any payments already received from you. We will make such a refund using the same form of payment that you used for the original transaction, unless you have expressly authorized otherwise; in any event, you will not incur any fees as a result of such a refund.
If the desired start of the service is within the cancellation period, you must pay us a reasonable amount that corresponds to the proportion of the services already provided (in relation to the total scope of the services provided for in the agreement) at the time you informed us about the exercise of the right of cancellation informed in relation to this agreement.
EXPIRATION OF THE WITHDRAWAL PERIOD
(1) The right of cancellation expires in the case of contracts for the provision of services (e.g. training or coaching services) if we have provided the contractually agreed services in full and the provision of the services has only begun after you have expressly consented to this and have confirmed at the same time that you know that your right of withdrawal expires as soon as we have provided our services in full.
(2) If you have a right of withdrawal, you can use the following withdrawal form to exercise this right. However, this is not absolutely necessary.
WARRANTY FOR SERVICES OFFERED
In accordance with the statutory warranty provisions, we are liable for quality defects in the services we offer if the services offered are work services under German law.
PERMITTED USE
(1) Our services are made available to you for informational purposes and only for private, non-commercial use. When using our Services, you must comply with these Terms and all applicable laws.
(2) Except as expressly permitted by these Terms, do not: (i) use our Services in any unlawful or fraudulent manner (including to violate the rights of any third party) or for any purpose to collect personally identifiable information or impersonate other users to spend; (ii) modify or use our copyright, trademark or other proprietary rights notices or interfere with the security-related functions of our Services; (iii) use our Services in any way to manipulate or distort any Content or undermine the integrity and accuracy of any Content, or take any action to disrupt, damage or disrupt any part of our Services; (iv) use our Services to send, receive, upload/post, download material that does not meet our content standards; (v) use our Services to deliver, or facilitate the delivery of, any unsolicited or unauthorized advertising or promotional material; (vi) use our Services to transmit data, or upload data to our Services, that contains any virus, trojan horse, worm, time bomb, keystroke logger, spyware, adware or any other harmful program or similar computer code that could damage the operation of any computer software or hardware (vii) use any robot, spider, other automatic device or manual process to monitor or copy our website or other websites or the content contained in our Services, or use network monitoring software to discover the architecture of our Services or extract usage data from our services; (viii) engage in behavior that restricts or inhibits other users from using our Services; or (ix) use our Services for any commercial purpose or in connection with any commercial activity conducted without our prior written consent. You agree to cooperate fully with us in our investigation of any activity that violates these Terms, allegedly or in fact.
INTELLECTUAL PROPERTY RIGHTS
(1) Our Services and related content (and any derivative works or enhancements thereof), including but not limited to all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials , products, services, URLs, technology, documentation, trademarks, service marks, trade names and trade dress and interactive features and all intellectual property rights therein are either owned or licensed by us (collectively, "our Intellectual Property Rights") and none of the Wording in these Terms grants you rights in relation to our intellectual property rights. Except as expressly provided herein or as required by mandatory law for use of the Services, you acquire no right, title or interest in or to our intellectual property rights. All rights not expressly granted in these Terms are expressly reserved.
(2) If the offered services you have booked require or involve the use of digital content, such as music or video, you are granted the rights as set out in relation to such bookings on the Site.
DISCLAIMER OF WARRANTIES FOR THE USE OF THE SITE AND THE SERVICES
The Services, our intellectual property rights and all information, materials and content related thereto and made available free of charge to users are provided "as is" and without warranties of any kind, express or implied (warranties of fitness for a particular purpose). specific purpose or warranties related to the security, reliability, timeliness, accuracy and performance of our Services, etc.) except in cases of malicious non-disclosure of defects. We do not warrant that Free Services will be uninterrupted or error-free or that they will meet your requirements. Access to the Services and the Site may be suspended or restricted due to repairs, maintenance or updates. This does not affect the warranty for any offered services that you have ordered from us as set out in the "Warranty for offered services" section above.
EXEMPTION
You agree to defend and hold us harmless from and against any and all actual or alleged claims, damages, costs, liabilities and expenses (including but not limited to reasonable attorneys' fees) arising out of or relating to your use of the Site and the Services in violation of these Terms, including but not limited to any use in violation of the restrictions and requirements set forth in the "Acceptable Uses" section, unless such circumstances are not your fault.
LIMITATION OF LIABILITY
(1) We are only liable in the event of intent, gross negligence, negligent injury to life, limb, health or slightly negligent breach of a material contractual obligation, and only in the case of paid services or services offered. A “Material Contractual Obligation” means an obligation, the fulfillment of which is a fundamental condition for the proper performance of the Agreement and which you normally rely on and can reasonably rely on. Our liability for slightly negligent breach of an essential contractual obligation is limited to the amount of a customary and foreseeable damage for this type of contract. Our liability under the Product Liability Act or in the event that we have explicitly given a guarantee remains unaffected.
(2) The above provisions apply to our contractual (including liability for futile expenses) and non-contractual liability (including liability in tort) as well as liability from transactions prior to the conclusion of a contract (culpa in contrahendo). They also apply in favor of our managing directors, executive employees or other legal representatives, employees and vicarious agents.
MODIFICATION OF TERMS AND SERVICES; ATTITUDE
We reserve the right to change these Terms from time to time, in our sole discretion, to reflect changes in the law or additional features we may introduce or as we otherwise advance our business. You should therefore read these conditions regularly and in any case during the booking process when completing a booking. The new terms will apply to any new order you place after the effective date of the new terms. If any ongoing services you use are affected by the changes to the Terms, we will do so with due regard to your legitimate interests. We will inform you of such changes well in advance. You will be deemed to have accepted the changes if you do not object to these changes within two months of this notification. We will point this out to you in our notification. If you object to the changes, we have a special right of termination - without any further obligation to you - which will take effect on the effective date of the changes.
We may change the Services, stop providing the Services or one or more features of the Services offered, or limit the Services. We may terminate or suspend access to the Services ourselves, permanently or temporarily, for any reason and without any further obligation. We will give you sufficient notice in advance where practicable under the circumstances and give due consideration to your legitimate interests in taking such action.
LINKS TO THIRD PARTY SITES
The Services may contain links that will allow you to leave the Site. Unless otherwise stated, the linked sites are not under our control and we are not responsible for the contents of any linked site, any link contained in a linked site, or any changes or updates to such sites. We are not responsible for any transmissions received from any linked website. Links to third party websites are provided for informational purposes only. The fact that we have included links to other websites does not mean that we endorse their owners or their content.
APPLICABLE LAW
1) These conditions are subject to the laws of the Federal Republic of Germany (without taking into account the conflict of law provisions) and are to be interpreted accordingly.
(2) The European Commission provides a platform for online dispute resolution (OS), which can be accessed at: https://ec.europa.eu/consumers/odr/. Please note that we are under no obligation to resolve consumer disputes through alternative dispute resolution bodies.
VARIOUS
(1) No waiver by either party of any breach or default under these Terms shall constitute a waiver of any prior or subsequent breach or default.
(2) The headings used in these terms are for better understanding only and have no legal significance.
(3) Except as expressly provided otherwise, if any part of these Terms is held to be unlawful or unenforceable for any reason, it is agreed that that part of the Terms shall be deleted and the remaining Terms shall remain unaffected and in full effect.
(4) You may not assign your agreement with us under these Terms or any or all of your rights or obligations under this Agreement without our prior written consent.
(5) These Terms constitute the entire agreement and supersede any prior written or oral agreements between you and us in connection with the Services and the booking of any Services offered.
(6) The provisions of these Terms which by their nature are intended to survive such action by us shall survive, including without limitation provisions relating to indemnities, indemnities, disclaimers, limitations of liability and this Miscellaneous Section.
CONTACT
To contact us, please send an email to:
Name: Inka & Michael Ebert
Address: Freiherr-von-Neveu-Strasse 46, 77652 Offenburg
Email: ebikes.durbach@gmail.com