General Terms and Conditions

steelworks

steelworks General Terms and Conditions

1. Scope

1.1 These General Terms and Conditions (GT&C) apply to all purchase orders, offers, supplies and services in the steelworks online shop, including orders by telephone, email, fax or post. These General Terms and Conditions also apply to any sales in our showroom, Kaiser-Wilhelm- Str. 100, 47166 Duisburg. Our supplies and services shall be carried out exclusively on the basis of the following terms and conditions. Conditions of purchase or other contractual terms and conditions of customers shall not apply, even where not explicitly rejected.

1.2 Our products are available to both consumers and businesses, but only to end users. Pursuant to § 13 German Civil Code (BGB/Bürgerliches Gesetzbuch) consumer means any natural person who enters into a legal transaction for purposes predominantly outside his trade, business or profession.

2. Conclusion of contract, party to contract and contractual language

2.1 Our offers in the online shop and our showroom are non-binding and represent not a binding offer but an invitation to order. By clicking on “Buy” the customer submits a non-binding purchase order for the goods in the shopping cart. Confirmation of receipt of the purchase order is issued immediately after the purchase order is submitted and does not signify acceptance of the order. A purchase contract shall only be formed when an order confirmation is sent or the goods are shipped.

2.2. Party to the contract is thyssenkrupp Steel Europe AG, Kaiser-Wilhelm-Str. 100, 47166 Duisburg.

2.3 For purchase orders from Germany, the contractual language is German. For purchase orders from outside Germany, the customer shall have the option of selecting English as the contractual language.

3. Right of cancellation

3.1 Consumers have a 14-day right of cancellation.

3.2 For information on the right of cancellation, which is also provided for orders in the online shop, click here.

3.3 For a specimen cancellation statement, click here.

4. Prices, postage and packaging costs and payment

4.1 Our prices include statutory value-added tax but not postage and packaging costs.

4.2 For shipping to Germany, a flat rate of 20.00 EUR per bike is charged. For shipping your bike to Austria, Luxembourg, Netherlands and Belgium, we will charge 40,00 €. Shipping costs for other countries are subject to individual agreement. Customs and similar duties are payable by the customer.

 

4.3. It is very important to us that goods ordered are delivered quickly and securely. To ensure your steelworks bike reaches you in perfect condition, we have developed a special packaging box. This box costs 20.00 EUR. On the purchase order form, customers can also choose to have their bike delivered to the showroom, Kaiser-Wilhelm-Str. 100, 47166 Duisburg, in which case no postage and packaging costs are charged.

4.4 Our payment provider Payone offers various payment options (payment in advance, direct transfer, credit card). If you pay by credit card, the amount will be debited when you submit your purchase order. For credit card payments, we require 100% payment immediately in advance.

4.4 The customer has no rights of retention or set-off rights except for claims that are uncontested or legally established.

5. Reservation of title

All goods delivered shall remain our property (goods subject to reservation of title) until paid for in full.

6. Shipment of goods, transfer of risk

6.1 If the customer is a consumer, the risk of accidental destruction, accidental damage, or accidental loss of the goods delivered shall pass to the customer at the time the goods are delivered to the customer or the customer is in default of acceptance. In all other cases the risk shall pass to the customer on delivery of the goods to the forwarding company. Damages in transit shall be reported immediately.

6.2 The steelworks bike is fully assembled and adjusted by qualified technicians. For safety reasons, certain components (seat posts, pedals, handlebars) are removed for transportation. This means that on receipt of the shipment, the customer has to fit these to the steelworks bike with the help of the “Quickstart” instructions provided.

6.3 Delivery dates and delivery periods can be agreed on a binding or non-binding basis and shall be specified in writing. Delivery periods begin on conclusion of the contract.

6.4 “Ready for shipment” information in our shop configurator does not constitute a binding delivery date.

6.5 If we do not meet a binding delivery date, the customer shall allow us a reasonable extension of no less than two weeks.

6.6 If the goods cannot be delivered or cannot be delivered on time, we will notify the customer without delay. In these cases we will agree a different delivery date with the customer. If the goods are not available from our suppliers for the foreseeable future, we are entitled to withdraw from the purchase contract. If we withdraw from a contract, we will refund all payments to the customer immediately. This does not affect the customer’s statutory rights in respect of delayed delivery, though the customer may claim damages only in accordance with the special conditions under Section 9 of these General Terms and Conditions.

 

7. Warranty

7.1 If the goods delivered have a material defect, the customer can initially demand that we cure the defect or deliver defect-free goods. We reserve the right to make immaterial changes or modifications in terms of structure and color provided the changes and modifications are reasonable for the customer. The customer is aware that when ordering on the internet the color of the goods may appear different on screen due to the display resolution, and this will not constitute grounds for warranty claims.

7.2 We may refuse to correct the defect in the manner selected by the customer if this is only possible at unreasonable cost.

7.3 If the correction of a defect under this section 7 is unsuccessful or unreasonable for the customer or if it is rejected by us, the customer shall be entitled to withdraw from the purchase contract, reduce the purchase price, or demand damages or compensation for expenses incurred without avail. Customers’ claims for damages are additionally subject to the special provisions under section 9 of these General Terms and Conditions.

7.4 The warranty term is two years from delivery of the goods.

8. steelworks PLUS guarantee for steel frame

8.1 In addition to their full statutory warranty rights, customers receive a steelworks PLUS guarantee for the frame of the steelworks bike: Subject to the following terms and restrictions, we guarantee (1) the structural integrity of the frame (guarantee against fracture) and (2) that the coating/painting prevents the steel frame from perforation corrosion (guarantee against perforation corrosion).
The guarantee against perforation corrosion covers rust damage affecting the internal cavities of the frame which starts from the inner surface to and through the outer surface of the the half-shells of the frame.

8.2. The guarantee against fracture is a lifelong guarantee. The guarantee against perforation corrosion shall last for 12 (twelve) years from the date of the invoice.

8.3 If a claim is made under the guarantee during the guarantee period, we will inspect the steelworks bike and assess whether a claim exists. To this end it is necessary to send the complete steelworks bike and the invoice to thyssenkrupp Steel Europe AG, Kaiser-Wilhelm- Str. 100, 47166 Duisburg. If a claim is acknowledged, we shall at our own discretion either replace the frame or refund the value (purchase price) of the steelworks bike. If we replace the frame, we shall meet the costs of dismantling and assembly. If a claim is acknowledged, we shall also accept the freight costs.

8.4 The steelworks PLUS guarantee covers only the steel frame, not the seat posts, forks or individual components. The guarantee does not cover color changes (e.g. fading caused by UV light). The guarantee does not apply to damage or defects caused by a fall/accident, assembly, maintenance or servicing faults, mechanical damage, damage in transit, non- compliance with the instructions for use, or by third parties.

8.5 The steelworks PLUS guarantee for steel frames is valid only for the original purchaser.

8.6. The above guarantee is a stand-alone guarantee in the meaning of § 311 (1) German Civil Code (BGB). The stand-alone guarantee given here is not a guarantee of quality or durability or a quality agreement in the meaning of § 443, § 444 BGB.

 

9. Liability

9.1 In the event of delayed delivery, our liability is limited to an amount of 10% of the respective purchase price including value-added tax.

 

9.2 We accept no liability for damages (irrespective of legal basis) which are not typically to be expected for the respective order type and goods subject to normal use.

9.3 The above liability restrictions do not apply in case of intent or negligence.

9.4 The customer’s claims for damages for obvious defects to the delivered goods are excluded unless notified to us within a period of two weeks of delivery of the goods. Damage in transit shall be reported immediately.

9.5 The restrictions under this section 9 do not apply to our liability for injury to life, body or health or our obligations under product liability law.

10. Data protection

Our data protection information can be found here.

11. Applicable law, legal venue

11.1. Notwithstanding mandatory provisions under private international law, the purchase contract between us and the customer is subject to the law of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods.

11.2 Arbitration board for online dispute resolution pursuant to Art. 14 (1) ODR Regulation: The European Commission provides an online dispute resolution platform (ODR) which you will find at https://ec.europa.eu/consumers/odr/. We always endeavor to settle any differences of opinion arising out of our contracts amicably. Furthermore we have decided not to enter into arbitration. We are not obliged to do so. Our email address is : info.steelworks@thyssenkrupp.com

11.3 If the customer is an entrepreneur in the meaning of § 14 BGB, the sole legal venue is Duisburg. Duisburg is also the sole legal venue if the customer has no general legal venue in Germany, moves his/her residence outside Germany after entering into the contract, or is of unknown residence at the time the claim is asserted. Otherwise the legal venue provisions of the German Code of Civil Procedure (Zivilprozessordnung / ZPO) apply.