Terms of service

Terms and Conditions

Effective Date: 4.4.2022

These Terms

(1) This website (the "site") and/or the services, including all associated mobile applications (collectively, the "services"), and all offers and sales of products ("products") via the site, are owned by [optimize] and operated by it (hereinafter also referred to as "we," "us," and "our"). These terms and conditions ("terms") set forth the conditions under which visitors or users (collectively, "users" or "you") may visit or use the site and/or the services and purchase products.

(2) By accessing or using the services, you agree to and are bound by these terms. 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, using the services, or purchasing products. These terms will inform you about who we are, how we sell products to you, how you can revoke the purchase agreement, and what you can do in case of issues.

(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 consent 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 in effect at the time.

(2) When you purchase a product: (i) you are responsible for fully reading the item description before making a binding purchase, and (ii) completing an order on the site (by completing a payment process via the "Order Now" button or a similar button) may constitute a legally binding contract for the purchase of the corresponding product unless otherwise provided in these terms.

(3) You can select products from our product selection and add them to your shopping cart with a click on the corresponding button. Our prices are listed on the site. We reserve the right to change our prices at any time and correct unintentional price errors. These changes do not affect the price of products you have already purchased. When paying, you will be shown an overview of all products you have added to the shopping cart. The overview includes the essential characteristics of each product as well as the total price for all products, the applicable sales tax (VAT), and any shipping costs. On the payment page, you also have the option to review and, if necessary, modify, remove, or correct the products and quantities. You can also use the editing function to identify and correct any input errors before placing your final binding order. All specified delivery times apply from receipt of your payment of the purchase price. By clicking on the "Order Now" button, you place a binding order to purchase the listed products at the specified price and shipping costs. To complete the order process via the "Order Now" button, you must acknowledge these terms as legally binding for your order by checking the corresponding box beforehand.

(4) We will then send you an order confirmation by email, listing your order again, which you can then print out or save using the appropriate function. Please note that this is an automatic notification confirming 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 only concluded when we transmit an acceptance declaration to you by email or dispatch 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 transaction 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 to be concluded when you have initiated the ordering process, as described above, via the "Order Now" button.

(6) The purchase agreement can be concluded in [German] language. After conclusion of the contract, the contract terms will be retained 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, which are shipped in one 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, which 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, which consist of digital content that is not delivered on a physical medium (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.

Warranty for Products

We are liable under the statutory warranty provisions for quality defects and/or legal defects in 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 available (e.g., PCI, DSS). You can identify your stored card by its last four digits.

Vouchers, Gift Cards, and Other Offers

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

Permissible 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 infringing the rights of third parties) or for purposes of collecting personal data or impersonating other users; (ii) modify or use our notices of copyright, trademarks, or other proprietary rights, 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 actions 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 unwanted or unauthorized advertising or promotional material or enable its transmission; (vi) use our services to transmit data or upload data to our services that contain viruses, trojans, worms, time bombs, keylogging, spyware, adware, or other harmful programs or similar computer code intended to interfere with the operation of computer software or hardware; (vii) use robots, spiders, other automatic devices or manual processes to monitor/copy our site 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 behavior that restricts or inhibits other users from using our services, or (ix) use our services for commercial purposes or in connection with any commercial activity conducted without our prior written consent. You agree to cooperate fully with us in investigating any activity that is suspected or actually violates these terms.

Intellectual Property Rights

(1) Our services and related content (and any derivative works or improvements thereof), especially regarding all texts, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, trademarks, service marks, trade names, trade dress, as well as interactive features and all intellectual property rights therein, are either owned by us or licensed by us (collectively, "our intellectual property rights") and none of the provisions in these terms grant you any rights in connection with our intellectual property rights. Unless expressly provided herein or required by mandatory legal provisions for the use of the services, you do not acquire any 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 forth regarding such content on the site.

Disclaimer of Warranties for the Use of the Site and the Services

The services, our intellectual property rights, and any information, materials, and content provided in connection therewith, made freely accessible to users, are provided without warranty of any kind, express or implied (including warranties of merchantability or fitness for a particular purpose or warranties regarding 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 that you purchase from us, as described in the section "Warranty for Products" above, remains unaffected.

Indemnification

You agree to defend us and hold us harmless from and against any actual or alleged claims, damages, costs, liabilities, and expenses (including reasonable attorney's fees) arising out of or in connection with your use of the website and the services in violation of these terms, including in particular any use that violates the restrictions and requirements set forth in the "Permissible Use" section, unless these circumstances are not attributable to your fault.

Limitation of Liability

(1) We are only liable for intent, gross negligence, negligent injury to life, limb, health, or negligent breach of a material contractual obligation, and only in the case of paid services or the sale of products. A "material contractual obligation" means an obligation whose fulfillment is a prerequisite for the proper execution of the agreement and on which you normally rely and can reasonably rely. Our liability for negligent breach of a material contractual obligation is limited to the amount of typical and foreseeable damages for this type of contract. Our liability under the Product Liability Act or in case we have explicitly provided a warranty remains unaffected thereby.

(2) The foregoing provisions apply to our contractual (including liability for futile expenses) and non-contractual liability (including liability in tort) as well as liability for acts before the conclusion of the contract (culpa in contrahendo). They also apply in favor of our directors, officers, or other legal representatives, employees, and agents.

Amendment of Terms and Services; Termination

We reserve the right to amend these terms from time to time at our sole discretion to account for changes in laws or additional features that we may introduce or if we otherwise develop our business. Therefore, you should read these terms regularly and in any case during the payment process when purchasing products. The new terms will 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 take into account your legitimate interests in an appropriate manner. We will inform you of such changes in a timely manner in advance. The changes will be deemed accepted by you if you do not object to these changes within two months after this notification. We will draw your attention to this in our notification. If you object to the changes, we have a special right of termination – without further obligations to you – which will become effective on the effective date of the changes.

We may modify the services, discontinue the provision of the services or one or more features of the offered services, or restrict the services. We may permanently or temporarily terminate or suspend access to the services itself – without giving reasons and without further obligations. We will inform you in advance to the extent possible under the circumstances and will adequately consider your legitimate interests in such measures.

Links to Third-Party Websites

The services may contain links through which you can leave the site. Unless otherwise indicated, the linked sites are not under our control, and we are not responsible for the content of linked sites, the links contained on a linked site, or changes and updates to such sites. We are not responsible for transmissions received from a linked site. Links to third-party websites are provided for informational purposes only. The fact that we have added links to other websites does not imply that we endorse their owners or their content.

Applicable Law

(1) These terms are subject to the laws of [the Federal Republic of Germany] (without regard to conflict of laws principles) and shall be construed accordingly.

(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 participate in dispute resolution proceedings before alternative dispute resolution entities.

MISCELLANEOUS

(1) A waiver by either party of a breach or default under these terms shall not be deemed a waiver of any preceding or subsequent breach or default.

(2) The headings used in these terms are for convenience only and have no legal significance attached to them.

(3) Unless expressly stated otherwise: if any part of these terms is deemed unlawful or unenforceable for any reason, it is agreed that such part of the terms shall be deleted, and the remaining terms shall remain unaffected and fully effective.

(4) Without our prior written consent, you may neither assign your agreement with us made in accordance with these terms nor assign all or part of your contractual rights or obligations.

(5) These terms constitute the entire agreement and supersede all prior written or oral agreements between you and us regarding the services and the sale of products.

(6) The provisions of these terms intended by their nature to survive such action on our part shall survive, particularly with regard to provisions regarding indemnification, releases, disclaimers, limitations of liability, and this "Miscellaneous" section.

Contact

To contact us, please send an email to:

Name: Optimize GmbH

Address: Abteiweg 49 / 42653 Solingen / Germany

Email: contact@optimize.bike