Terms and Conditions

Terms and Conditions

Status: 8.9.2025

These Terms

(1) This website (the "Site") and/or the services, including all associated mobile applications (together: the "Services") and all offers and sales of products ("Products") via the Site, is owned and operated by [optimize] (hereinafter also: "we", "us" and "our"). These Terms and Conditions ("Terms") set out the conditions under which visitors or users (together: "Users" or "you") can visit or use the Site and/or the Services and purchase Products.

(2) By accessing or using the Services, you agree to these Terms and are bound by them. If you do not agree to all of the Terms, you may not access the Site or use the Services. Please read these Terms carefully before accessing our Site or using the Services or purchasing Products. These Terms will tell you who we are, how we sell products to you, how you can cancel the purchase contract, and what you can do if there is 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 purchase Products. If you are a minor, you need the approval of your parents or a legal guardian to use the Services or purchase Products.

Purchase of Products

(1) The purchase of Products is subject to the terms and conditions valid at the respective time.

(2) When you purchase a product: (i) you are responsible for fully reading the item description before making a binding purchase, and (ii) placing an order on the Site (by completing a checkout process via the "Order with obligation to pay" button or a similar button) may constitute a legally binding contract for the purchase of the respective product, unless these terms provide otherwise.

(3) You can select products from our product range and add them to your shopping cart by clicking on the corresponding button. Our prices are listed on the Site. We reserve the right to change our prices at any time and to correct any inadvertent pricing errors. These changes will not affect the price of products you have already purchased. When checking out, you will be shown an overview of all products you have added to your shopping cart. The overview includes the essential features of each product as well as the total price for all products, the applicable sales tax (VAT)/value-added tax (MwSt.), and, if applicable, shipping costs. On the checkout page, you also have the option to review and, if necessary, change, remove, or correct the products and quantities. You can also use the editing function to detect and correct any input errors before placing your final binding order. All stated delivery times apply from receipt of your payment of the purchase price. By clicking the "Order with obligation to pay" button, you place a binding order for the purchase of the listed products at the stated price and shipping costs. To complete the ordering process via the "Order with obligation to pay" button, you must first accept these terms as legally binding for your order by clicking the corresponding box.

(4) We will then send you an order confirmation by e-mail, which will again list your order and which you can print out or save using the corresponding function. Please note that this is an automatic notification that only confirms that we have received your order. It does not indicate that we have accepted your order.

(5) The legally binding agreement for the purchase of the Products is concluded only when we send you an acceptance declaration by e-mail or ship the Products to you. We reserve the right not to accept your order. This does not apply in cases where we offer a payment method – and you choose this payment method for your order – where a payment process is initiated immediately upon submission of your order (e.g., electronic transfer or real-time transfer via PayPal, Giropay, Paydirekt). In this case, the legally binding agreement is deemed concluded when you have initiated the ordering process, as described above, via the "Order with obligation to pay" button.

(6) The purchase contract can be concluded in [German]. After conclusion of the contract, the contract terms will be stored by us, and you will no longer have access to them.

Right of withdrawal

 (1) If you purchase one or more products via the Site or the Services that are shipped in a single delivery, the instructions on the right of withdrawal from Annex 1 to these Terms apply.

(2) If you purchase one or more products via the Site or the Services that are shipped in partial deliveries, the instructions on the right of withdrawal from Annex 2 to these Terms apply.

(3) If you purchase one or more products via the Site or the Services that consist of digital content not supplied on a physical data carrier (e.g., CDs or DVDs), the instructions on the right of withdrawal from Annex 3 to these Terms apply.

(4) To exercise your right of withdrawal, you can use the withdrawal form from Annex 4 to these Terms. However, this is not mandatory.

Product Warranty

We are liable in accordance with the statutory warranty provisions for quality defects and/or defects of title of the products you purchase from us.

Storage of online payment information

You can save a preferred payment method for the future. In this case, we will store this payment information in accordance with applicable industry standards, if any (e.g., PCI, DSS). You can identify your saved card by its last four digits.

Export/VAT Refund

In the event of a subsequent refund of German VAT within the scope of an export by the customer, we will charge a processing fee of €15. The refund will only be made upon presentation of complete and proper proof of export.

Vouchers, Gift Cards, and Other Offers

Vouchers, gift cards, discounts, and other offers ("Offers") may be available for our products from time to time. Such offers are only valid for the period specified in the offer. Offers may not be transferred, modified, sold, exchanged, duplicated, or distributed without our express written permission.

Permitted Use

(1) Our Services are provided to you for informational purposes and for private, non-commercial use only. When using our Services, you must comply with these Terms and all applicable laws.

(2) Unless expressly permitted by these Terms, it is not permitted to: (i) use our Services in an unlawful or fraudulent manner (including infringement of third-party rights) or for purposes of collecting personal data or impersonating other users; (ii) modify or use our copyright, trademark, or other proprietary notices or interfere with the security features of our Services; (iii) use our Services in any way to manipulate or falsify content or undermine the integrity and accuracy of content, or take action to disrupt, damage, or interrupt parts of our Services; (iv) use our Services to send, receive, upload/post, download material that does not comply with our content standards; (v) use our Services to transmit or enable the transmission of unsolicited or unauthorized advertising or promotional material; (vi) use our Services to transmit data or upload data to our Services that contains viruses, Trojans, worms, time bombs, keylogging, spyware, adware, or other malicious programs or similar computer code designed to adversely affect the operation of any computer software or hardware; (vii) use robots, spiders, other automated devices, or manual processes to monitor/copy our or other sites or the content contained in our Services, or use network monitoring software to determine the architecture of our Services or extract usage data from our Services; (viii) engage in conduct that restricts or inhibits any other user from using our Services; or (ix) use our Services for commercial purposes or in connection with any commercial activity without our prior written consent. You agree to cooperate fully with us in investigating any activity that is suspected or actual in violation of these Terms, unless these circumstances are not due to your fault.

Intellectual Property Rights

(1) Our Services and associated content (and all derivative works or improvements 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, brand names, and trade dress, as well as interactive features and all intellectual property rights therein, are either owned by us or licensed to us (together: "our intellectual property rights"), and nothing in these Terms grants you any rights in connection with our intellectual property rights. Unless expressly stated herein or required by mandatory legal provisions for the use of the Services, you acquire no rights, claims, or interests in our intellectual property rights. All rights not expressly granted in these Terms are expressly reserved.

(2) If the Products include digital content, such as music or videos, you are granted the rights as set out on the Site with respect to such content.

Disclaimer of Warranty for Use of the Site and Services

The Services, our intellectual property rights, and all information, materials, and content provided in connection therewith and made available to users free of charge are provided "as is" and "as available" and without warranties of any kind, express or implied (warranties of fitness for a particular purpose or warranties with respect to the security, reliability, timeliness, accuracy, and performance of our Services, among others) – except in cases of malicious non-disclosure of defects. We do not warrant that free services will be provided without interruption and 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. The warranty for products you purchase from us, as stated in the "Product Warranty" section above, remains unaffected.

Indemnification

You agree to defend and indemnify us against any actual or alleged claims, damages, costs, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Website and Services in violation of these Terms, including, but not limited to, any use that violates the restrictions and requirements set forth in the "Permitted Use" section, unless these circumstances are not due to your fault.

Limitation of Liability

(1) We shall only be liable in cases of intent, gross negligence, negligent injury to life, body, or health, or in case of slight negligent breach of an essential contractual obligation, and only in the case of paid services or the sale of products. An "essential contractual obligation" means an obligation whose fulfillment is a fundamental prerequisite for the proper implementation of the agreement and on which you normally rely and can reasonably rely. Our liability for slight negligent breach of an essential contractual obligation is limited to the amount of typical 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 foregoing provisions apply to our contractual liability (including liability for wasted expenditure) and non-contractual liability (including liability in tort) as well as to liability arising from transactions prior to conclusion of contract (culpa in contrahendo). They also apply in favor of our managing directors, officers, or other legal representatives, employees, and vicarious agents.

 

 

Amendment of Terms and Services; Termination

We reserve the right to amend these Terms from time to time at our sole discretion to reflect changes in law or additional features we may introduce, or if we otherwise further develop our business. Therefore, you should review these Terms regularly and, in any case, during the checkout process when purchasing products. The new terms apply to any new order you place after the effective date of the new terms. If ongoing services used by you are affected by the changes to the terms, we will reasonably take your legitimate interests into account. We will inform you of such changes in good time in advance. The changes will be deemed accepted by you 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 obligations to you – which becomes effective on the date the changes take effect.

We may change the Services, discontinue the provision of the Services or one or more function(s) of the offered Services, or restrict the Services. We may permanently or temporarily terminate or suspend access to the Services themselves – without giving reasons and without further obligations. We will inform you in good time in advance, if possible under the given circumstances, and will reasonably take your legitimate interests into account in such measures.

Links to Third-Party Websites

The Services may contain links that allow you to leave the Site. Unless otherwise stated, the linked sites are not under our control, and we are not responsible for the content of linked sites, for links contained on a linked site, or for changes and updates to such sites. We are not responsible for transmissions received from a 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 Terms are governed by and construed in accordance with the laws of the [Federal Republic of Germany] (without regard to conflict of law provisions).

(2) The European Commission provides a platform for online dispute resolution (ODR), accessible at: https://ec.europa.eu/consumers/odr/. Please note that we are not obliged to settle disputes with consumers before alternative dispute resolution bodies.

MISCELLANEOUS

(1) A waiver by either party of any breach or default under these Terms shall not constitute a waiver of any prior or subsequent breach or default.

(2) The headings used in these Terms are for convenience only and shall not be given any legal significance.

(3) Unless expressly provided otherwise: if any part of these Terms is deemed unlawful or unenforceable for any reason, it is agreed that this part of the Terms shall be deleted and the remaining terms shall remain unaffected and in full force and effect.

(4) You may not assign your agreement with us concluded under these Terms, nor all or part of your contractual rights or obligations, without our prior written consent.

(5) These Terms constitute the entire agreement and supersede all prior written or oral agreements between you and us in connection with the Services and the sale of Products.

(6) The provisions of these Terms that by their nature are intended to survive such an act on our part shall survive, in particular with regard to provisions concerning indemnification, waivers, disclaimers, limitations of liability, and this "Miscellaneous" section.

Contact

To contact us, please send an e-mail to:

Optimize GmbH

Managing Director: Felix Maximilian Strieder

Address: Helmholtzstraße 1, 40764 Langenfeld

Email: kontakt@optimize.bike