Terms and Conditions

(General Terms and Conditions as of 06/04/2021)

I. SCOPE

For all business relationships relating to the online shop and thus to distance selling, meaning transactions concluded electronically, as well as by telephone, fax, or letter, only the following General Terms and Conditions shall apply in the version valid at the time of the order. Deviating terms shall apply only if they have been agreed in writing between the online shop and the customer.

II. CONCLUSION OF CONTRACT

A purchase contract relating to the online shop between MY Esel GmbH (My Esel configurator and online shop) and the purchaser is concluded by an order placed by the purchaser and acceptance of that order by My Esel. The offers in the online shop on the internet are a non-binding invitation to the customer to order goods in the online shop. By ordering goods from the online shop on the internet, the customer implicitly submits a binding offer to conclude a purchase contract. The online shop is entitled to accept this offer by sending an order confirmation. Prior sale of goods is reserved. Persons under 18 years of age require the consent of their legal representative.

III. REJECTION OF AN ORDER

Rejection of an order or the impossibility to provide the service will be communicated without delay, and any payments made will be refunded.

IV. DELIVERY

Delivery will take place within 3 to 5 weeks after receipt of payment, either directly to the customer or to a requested specialist dealer. Upon request, the My Esel bicycle can also be collected in person at our office (Holzbauernstraße 20, 4050 Traun).

For orders paid in advance, the goods are produced and shipped only after the amount has been received in My Esel’s account.

The goods are shipped at the sender’s risk. The choice of shipping method is at the sender’s discretion. When shipping to non-EU countries, country-specific customs duties and additional costs may arise that cannot be borne by the sender.

In the event of delivery delays, such as due to force majeure, traffic disruptions, official orders, or other events for which the online shop is not responsible, no claim for damages against the online shop can be asserted.

If delivery is delayed or fails (impossibility) due to the fault of upstream suppliers, the online shop shall not be liable.

V. SHIPPING RESTRICTIONS

My Esel reserves the right to ship only quantities customary for private households. If an order exceeds this quantity, the purchaser will be notified by email.

VI. WARRANTY

a. Customer claims against the online shop arising from defects in the goods shall be governed by the statutory provisions.

b. The customer undertakes to inspect the goods upon receipt for any defects and, if a defect is discovered, to inform the online shop immediately. If the customer fails to report a defect, the goods shall be deemed approved. In the event of a justified complaint, the customer is entitled to a credit note for the value or a replacement delivery. Any further claims of the purchaser, in particular claims for damages, are excluded to the extent permitted by law.

c. Defects do not include damage caused by the customer through improper or non-contractual handling. The manufacturer’s specifications are decisive for determining improper and non-contractual handling.

d. In any case, the warranty shall lapse if the buyer or unauthorized third parties intervene, carry out repairs, or attempt repairs.

e. Any deviations of product colors from the colors displayed on the internet shall not be considered a complaint. Deviations due to different wood grains shall not be considered a complaint.

VII. RIGHT OF WITHDRAWAL

You have the right to withdraw from this contract within fourteen days without giving any reason. Excluded from this are all individual-made My Esel bicycles that are manufactured on customer order.

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

To exercise your right of withdrawal, you must inform us (My Esel GmbH, Holzbauernstraße 20, 4050 Traun, Austria, +43 676 489 33 20, office@esel.com) of your decision to withdraw from this contract by means of a clear statement (for example a letter sent by post, fax, or email). You may use the attached model withdrawal form, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

VIII. CONSEQUENCES OF WITHDRAWAL

If you withdraw from this contract, we shall reimburse to you all payments received from you, including delivery costs (with the exception of the additional costs resulting from your choosing a type of delivery other than the least expensive standard delivery offered by us), without undue delay and in any event no later than fourteen days from the day on which we receive notification of your withdrawal from this contract. We will use the same means of payment for this reimbursement as you used for the initial transaction, unless expressly agreed otherwise; in no event will you be charged any fees for this reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earlier.

You shall send back the goods or hand them over to us without undue delay and in any event no later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired.

You shall bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

MODEL FORM

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

To

My Esel GmbH

Holzbauernstraße 20

4050 Traun, Austria

I/We () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods ()/for the provision of the following service ()

Ordered on ()/received on ()

Name of consumer(s)

Address of consumer(s)

Signature of consumer(s) (only if notified on paper)

Date

(*) Delete as appropriate.

IX. PRICES AND PAYMENT

a. All stated prices are final prices and include the statutory value added tax currently at 20%.

b. The final prices do not include the costs for packaging and shipping. Shipping costs are calculated transparently according to the current tariff system of Österreichische Post AG.

c. Due to continuous updates of the online shop’s web pages, information provided earlier regarding the price and condition of the goods loses its validity. Errors and typographical mistakes are reserved.

d. The price stated at the time the customer submits the offer is decisive for invoicing.

e. The invoice total consists of the final price of the products plus any shipping costs, with VAT shown. Invoicing is in euros.

f. You agree that you will receive invoices and credit notes exclusively in electronic form.

g. Payment for the goods is made via common credit cards (MasterCard, Visa, American Express), PayPal, or instant bank transfer.

X. RETENTION OF TITLE

The goods remain our property until full payment has been made. If the customer is in default of payment, My Esel is entitled to reclaim the goods. This does not constitute withdrawal from the contract unless expressly declared.

XI. LIMITATION OF LIABILITY

Unless otherwise stated below, further claims of the customer, regardless of the legal grounds, are excluded. The online shop is therefore not liable for damage that did not occur to the delivery item itself. In particular, My Esel is not liable for lost profit or other financial losses of the customer. To the extent that My Esel’s contractual liability is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents. The above limitation of liability does not apply if the cause of the damage is based on intent or gross negligence or if personal injury is involved. It also does not apply if the purchaser asserts statutory claims. The provisions of the Product Liability Act remain unaffected.

If the online shop negligently breaches an essential contractual obligation, liability for property damage is limited to the typically foreseeable damage.

If subsequent performance has been provided by way of replacement delivery, the purchaser is obliged to return the initially delivered goods to the online shop within 30 days at the online shop’s expense. The return of defective goods shall be governed by statutory provisions.

My Esel reserves the right to claim damages under the statutory requirements. The limitation period is two years, beginning with delivery of the item.

XII. COPYRIGHT

All third-party logos, images, and graphics shown are the property of the respective companies and are subject to the copyright of the respective licensors. All photos, logos, texts, reports, scripts, and programming routines shown on these pages that are our own developments or have been prepared by us may not be copied or otherwise used without our consent. All rights reserved.

XIII. PARTNER LINKS

No responsibility is assumed for the content of linked partner websites that are outside My Esel’s sphere of influence.

XIV. JURISDICTION

For all disputes, the local jurisdiction of the competent court in Traun is agreed. Deviating from this, for consumer transactions the applicable place of jurisdiction under the Consumer Protection Act 1979, as amended, shall apply. If several possibilities exist, the one closest to the place of jurisdiction Linz is deemed agreed. Austrian law shall apply to all disputes that may arise from this legal relationship, excluding conflict-of-law rules. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.

XV. VALIDITY OF THE PROVISIONS

By placing an order, the customer acknowledges the General Terms and Conditions of the My Esel online shop. Any invalidity of individual provisions shall not affect the validity of the remaining terms and conditions. The invalid provision shall be replaced by a valid provision that comes closest to the former in legal and economic terms in its meaning and purpose. Oral agreements require written confirmation to be effective.

ALTERNATIVE DISPUTE RESOLUTION PURSUANT TO ART. 14 (1) ODR REGULATION AND § 36 VSBG:

The European Commission provides a platform for online dispute resolution (ODR), which you can find at http://ec.europa.eu/consumers/odr/. We are not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board.