GTC – Second Ride

General Terms and Conditions

Right of withdrawal

1. introduction and scope of application

These General Terms and Conditions (“GTC”) apply to all declarations of intent, contracts and legal or similar actions of Second Ride GmbH, Im Marienpark 3, 12107 Berlin, Germany (hereinafter: Second Ride) with its customers (hereinafter: CUSTOMER). Counter-confirmations on the part of the CUSTOMER with reference to their own terms and conditions of business and/or purchase are expressly rejected; these shall not become part of agreements if they are not expressly confirmed in writing by Second Ride.
These GTC contain special provisions for customers who are entrepreneurs within the meaning of Section 14 BGB (hereinafter: ENTREPRENEURS). These special clauses for business transactions are characterized by an explicit reference to ENTREPRENEURS and do not apply to transactions with CONSUMERS within the meaning of Section 13 BGB.

2. subject matter of the contract

The subject of the contract are the services that the CUSTOMER orders via www.second-ride.de at the prices stated in the online store. In particular, they may include the following services (hereinafter collectively referred to as “goods”): Purchase of moped-related components and accessories.
In the case of a reservation, the CUSTOMER acquires the right to conclude a contract for the purchase of a conversion kit, whereby the price of the reservation is offset against the purchase price. The reservation expressly does not constitute the conclusion of a purchase contract and does not constitute a claim to delivery of a conversion kit. The reservation serves exclusively as an opportunity to conclude a purchase contract for the conversion kit specified on the order. A refund of the amount paid for the reservation is only possible in the event of a revocation in accordance with the revocation instructions to be viewed at www.second-ride.de.
The reservation of a production space is made exclusively for the person specified by the CUSTOMER when making the reservation and is not transferable. In particular, the reservation may not be sold to third parties.
Second Ride sends the CUSTOMER an automated confirmation email after receipt of the order and reservation. It summarizes the goods selected by the CUSTOMER, the order data and these GTC including the cancellation policy. The customer can also view the GTC at any time at www.second-ride.de.

3. reservation process and conclusion of contract

For the purchase of goods:
1. The offers on the website www.second-ride.de are non-binding. By placing an order, the CUSTOMER submits a binding offer to conclude a purchase contract. After sending the order, the CUSTOMER receives an automated confirmation email from Second Ride. This does not constitute acceptance of the offer, nor do any status reports. Second Ride can accept the CUSTOMER’s offer within three (3) days of receipt of the order by means of an express declaration. The contract is concluded upon receipt of the declaration of acceptance (order confirmation). The dispatch of the ordered goods and the confirmation of dispatch to the CUSTOMER are equivalent to an express declaration of acceptance by Second Ride.
Reservation process / crowdfunding:
1. After receipt of the CUSTOMER’s order, the CUSTOMER receives a confirmation email. This confirmation email does not constitute a legally binding acceptance of the reservation by Second Ride. The acceptance of the offer is made by a corresponding confirmation by e-mail to the CUSTOMER within five working days after receipt of the reservation fee by Second Ride (order confirmation).
2. Reservations are generally prioritized according to the order in which they are received. Second Ride reserves the right to adjust the order of the waiting list and prioritization according to objective criteria (e.g. technical feasibility, production capacities). At no time does the CUSTOMER have the right to a specific place on the waiting list.
3. At a suitable time, Second Ride will issue the CUSTOMER with a voucher for the amount of the reservation fee.
4. No interest is paid on the reservation fee at any time.
5. The CUSTOMER can use this voucher to place an order at www.second-ride.de.
6. The voucher remains valid until the conclusion of a purchase contract for the conversion kit, but no later than thirty-six (36) months after delivery of the voucher.
7. The CUSTOMER may withdraw from the payment of the reservation fee or the purchase of the voucher at any time and will receive his money back less any payment service provider fees incurred.
8. After expiry, the voucher expires and the CUSTOMER is then no longer entitled to redemption. A claim for repayment only exists if Second Ride is ultimately unable to provide the delivery.
The purchase contract is concluded with Second Ride GmbH, Im Marienpark 3, 12107 Berlin, Germany.
Purchase contracts can be concluded in the following languages: German

4. purchase of goods, quality & availability

The quality of the ordered goods is determined by the respective product description in the online store. For technical reasons, color representations in the online store may deviate from the actual color of the goods within the same color spectrum. Such deviations do not constitute a defect in the goods.
If a product is not or temporarily not available despite the prior conclusion of a corresponding purchase or creation contract, Second Ride shall inform the CUSTOMER of this in good time after the order in the order confirmation by e-mail. Until the goods in question are available again, Second Ride is then released from its obligation to perform and can withdraw from the contract in the event of permanent unavailability. This does not apply if Second Ride is responsible for the non-availability. If Second Ride wishes to withdraw from the contract, Second Ride will immediately exercise the right of withdrawal and immediately reimburse the CUSTOMER for any payments made. In the event of a delay in delivery of more than eight weeks, the CUSTOMER has the right to withdraw from the contract, whereby the statutory right of withdrawal (Section 7) is not affected.

5. prices, shipping costs & payment

The prices stated on www.second-ride.de at the time the goods are ordered shall apply. The prices are final prices and include the applicable statutory VAT and all other price components, excluding shipping costs. These are shown separately in the webshop. Second Ride also reserves the right to charge additional shipping costs if the CUSTOMER is not present on the agreed delivery date (see Section 6) and has not taken any precautions to ensure the agreed delivery (e.g. presence of a representative authorized to receive the goods). The same applies if the delivery fails due to insufficient delivery and contact information provided by the CUSTOMER.
The CUSTOMER can choose between various payment methods. Second Ride offers the payment methods credit card and PayPal in the webshop. The aforementioned payment options are available to the CUSTOMER in the “shopping cart”.
Second Ride accepts various credit cards (Visa, Master Card, American Express). In the case of credit card purchases, the CUSTOMER’s credit card account will be debited as soon as Second Ride accepts the order. Credit card billing via Visa, Master Card or American Express is carried out by Stripe Payments Europe, Ltd, The One Building, 1 Grand Canal Street Lower, Dublin 2, Ireland.
Customers who are ENTREPRENEURS within the meaning of §14 BGB are only entitled to set-off rights if the counterclaims are legally established, undisputed or recognized by Second Ride or if the opposing claims are based on the same legal relationship. This set-off prohibition does not apply to CUSTOMERS who are consumers within the meaning of §13 BGB.

The prices stated on www.second-ride.de at the time the goods are ordered shall apply. The prices are final prices and include the applicable statutory VAT and all other price components, excluding shipping costs. These are shown separately in the webshop. Second Ride also reserves the right to charge additional shipping costs if the CUSTOMER is not present on the agreed delivery date (see Section 6) and has not taken any precautions to ensure the agreed delivery (e.g. presence of a representative authorized to receive the goods). The same applies if the delivery fails due to insufficient delivery and contact information provided by the CUSTOMER.
The CUSTOMER can choose between various payment methods. Second Ride offers the payment methods credit card and PayPal in the webshop. The aforementioned payment options are available to the CUSTOMER in the “shopping cart”.
Second Ride accepts various credit cards (Visa, Master Card, American Express). In the case of credit card purchases, the CUSTOMER’s credit card account will be debited as soon as Second Ride accepts the order. Credit card billing via Visa, Master Card or American Express is carried out by Stripe Payments Europe, Ltd, The One Building, 1 Grand Canal Street Lower, Dublin 2, Ireland.
Customers who are ENTREPRENEURS within the meaning of §14 BGB are only entitled to set-off rights if the counterclaims are legally established, undisputed or recognized by Second Ride or if the opposing claims are based on the same legal relationship. This set-off prohibition does not apply to CUSTOMERS who are consumers within the meaning of §13 BGB.

6. terms of delivery

Unless otherwise agreed with the CUSTOMER, goods delivered in a parcel or otherwise by post shall be delivered by post (parcel, small parcel, letter, forwarding agent, etc.) to the delivery address specified by the CUSTOMER in the order. Delivery by forwarding agent shall be made to the kerbside.
The expected delivery date is indicated separately for each item or in the product description on the item page.
The CUSTOMER shall be informed of the expected delivery date in writing by confirmation email. Calendar-based delivery dates are only binding if they have been expressly confirmed in writing by Second Ride.
If the CUSTOMER is an ENTREPRENEUR, they must grant Second Ride a reasonable grace period if the provision or delivery deadline is exceeded.
In cases of force majeure, the CUSTOMER must accept a reasonable extension of the delivery time. Force majeure includes strikes, lockouts, official interventions, energy and raw material shortages, transport bottlenecks, operational hindrances, for example due to fire, water, machine damage and lightning strikes and all other hindrances that Second Ride could not foresee and that are not its fault. Second Ride shall inform the CUSTOMER of the start and end times of such delivery obstacles without delay.
Deliveries are only made to the delivery addresses confirmed in the offer within the Federal Republic of Germany.
Second Ride is entitled to withdraw from the contract if the delivery fails three times for reasons for which the CUSTOMER is responsible. In the event of withdrawal, payments already made shall be reimbursed proportionately, less the costs incurred by Second Ride.
If the carrier returns the object of purchase to Second Ride because delivery to the CUSTOMER was not possible, the CUSTOMER shall bear the costs for a new shipment. This does not apply if the CUSTOMER has exercised any existing right of withdrawal in parallel to the refused acceptance or if he is not responsible for the circumstance that led to the impossibility of delivery or if the CUSTOMER was temporarily prevented from accepting the service offered, unless Second Ride had given him reasonable advance notice of the service.
The risk of accidental loss and accidental deterioration of the goods sold shall pass to the Company upon delivery to the Company itself or a person authorized to receive the goods or, in the case of sale by dispatch, upon delivery of the goods to a suitable carrier. This applies irrespective of who pays the transportation costs. In the case of delivery to CONSUMERS, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the CONSUMER in accordance with § 446 BGB upon delivery of the goods to the CONSUMER. With regard to the transfer of risk, it is equivalent to handover if the CUSTOMER is in default of acceptance.
If packaging and/or goods show obvious transport damage, this must be reported immediately by the CUSTOMER to the deliverer and to Second Ride in order to enable or facilitate Second Ride to assert its own claims against the deliverer. Warranty rights of the CUSTOMER are not affected by the report.
If the CUSTOMER is an ENTREPRENEUR, it is obliged to inspect the delivered goods immediately after delivery and, if a defect is found, to notify us of this immediately. If the ENTREPRENEUR fails to report the defect, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. Otherwise, § 377 HGB applies.

7. revocation

CONSUMERS have a statutory right of withdrawal, about which Second Ride provides information further down on this page.

8. withdrawal after expiry of the withdrawal period

The CUSTOMER may withdraw from the reservation contract even after expiry of the withdrawal period in accordance with Section 7 if
1. he decides within the reservation period not to accept the purchase contract offered by Second Ride
2. there is a right of withdrawal for the purchase contract and the CUSTOMER has exercised this right in due time
In order to declare withdrawal, the CUSTOMER must inform Second Ride GmbH, Im Marienpark 3, 12107 Berlin, Germany, e-mail: info@second-ride.de, of the decision to withdraw by means of a clear declaration, e.g. a letter sent by post, fax or e-mail. The CUSTOMER may also combine the withdrawal from the reservation contract with a revocation or withdrawal from the purchase contract.
In the event of a withdrawal, Second Ride will refund the amount paid for the reservation.

9. warranty

The statutory liability for defects is excluded for contracts with ENTREPRENEURS (§ 14 BGB). Excluded are claims of the buyer
1. in the event of fraudulent concealment of defects or if we have assumed a guarantee for the quality of the goods (§ 444 BGB),
2. for damages based on an intentional or grossly negligent breach of duty, and
3. for damages resulting from injury to life, limb or health.

10. reservation of title

The delivered goods remain the property of Second Ride until the purchase price has been paid in full and all claims arising from the delivery contract have been settled.
The goods subject to retention of title may not be pledged by the CUSTOMER to third parties or assigned as security before full payment of the secured claim. The CUSTOMER must inform Second Ride immediately in text form if and insofar as third parties have access to the goods of Second Ride.
If the CUSTOMER acts in breach of contract, in particular in the event of non-payment of the due purchase price, Second Ride is entitled to withdraw from the contract in accordance with the statutory provisions and to demand the return of the goods on the basis of the retention of title and the withdrawal. If the CUSTOMER does not pay the due purchase price, Second Ride may only assert these rights if the CUSTOMER has previously been unsuccessfully set a reasonable deadline for payment or if such a deadline is dispensable according to the statutory provisions.

11. limitation of liability

Second Ride is only liable for damages – regardless of the legal grounds – in the event of intent and gross negligence.
In the case of simple negligence, Second Ride is only liable for damages resulting from the breach of an essential contractual obligation (cardinal obligation); in this case, however, liability is limited to compensation for foreseeable, typically occurring damages.
The limitations of liability do not apply if Second Ride has fraudulently concealed a defect or has assumed a guarantee. The same applies to claims under the Product Liability Act.

12. guarantee

OBJECT OF THE GUARANTEE

Second Ride GmbH (“Second Ride”) grants the customer (“warranty holder”) a warranty against defects in material and workmanship in accordance with the following declaration when purchasing a new conversion kit that has not yet been installed. According to this warranty, “conversion kit” refers to the conversion kit as a whole as well as parts thereof. The warranty only applies to the part of the conversion kit affected by the warranty claim, unless the entire conversion kit is affected.
This guarantee applies independently of the statutory warranty rights. The statutory rights of the buyer (in particular §§ 434 ff., §§ 474 ff. BGB) remain unaffected and exist in addition. Consumers can choose whether to assert claims under this guarantee or under the statutory warranty rights.

WARRANTY PERIOD

The warranty is valid for 12 months from the original date of purchase by the end customer. The battery is guaranteed for a period of 12 months or 500 charging cycles, whichever comes first. The number of cycles stored in the battery management system is decisive.
Second Ride guarantees a State of Health (SoH) of at least 70% over the warranty period. The SoH describes the current battery capacity in relation to the capacity when new.

NOT COVERED BY THE WARRANTY

Excluded from the guarantee are in particular

Wear parts (e.g. sprocket, chain, light bulbs, seat cover) and protective coatings that wear out over time, unless the defect is due to material or processing errors.
Superficial damage (scratches, dents, damaged plastic parts), unless this is due to defects in material or workmanship.
Parts that are not included in the scope of delivery (e.g. carburetor cap with piston/spring, throttle twist grip, frame mounts).
Damage caused by accidents, improper use, force majeure, intentional or improper use.
Use contrary to road traffic or licensing regulations.
Overuse, especially in motor sports.
Damage caused by improper use, disregard of the manual or unauthorized service work.
Conversion kits with modifications without the consent of Second Ride.
Normal wear and tear or age-related changes (except battery warranty).
Removed or alienated serial numbers.
Conversion kits reported as stolen if the legal acquisition is not proven.

REGIONAL RESTRICTION

The warranty services are available in Germany. Outside Germany, additional shipping, customs or handling charges may apply.

SECOND RIDE OPTIONS IN THE EVENT OF A WARRANTY CLAIM

In the event of a warranty claim, Second Ride has the following options at its own discretion:
1. Repair with new or tested spare parts,
2. Replacement with an equivalent model (possibly with a different color or specification).
The remaining term of the original guarantee remains valid.
If it turns out that there is no warranty claim, the customer shall bear the costs of the inspection.

CLAIMING THE GUARANTEE

The defect must be reported in writing immediately after discovery, with a description, photo documentation and a copy of the invoice.
Second Ride may request that the defective part be sent to Second Ride; the costs for the return shipment shall be borne by Second Ride.
Second Ride is only liable for transport damage in the case of shipping arranged by Second Ride.

TYPES OF WARRANTY SERVICE

Second Ride can provide the warranty service as follows:

Carry-in serviceReturn to a location designated by Second Ride.
DIY service: Delivery of spare parts for DIY installation with instructions.

Spare parts become the property of Second Ride.

WARRANTY REPLACEMENT AND EXTENSION OF THE WARRANTY PERIOD

A claim for replacement or repair under this warranty exists at most once during the warranty period. Thereafter, further notifications of defects within the warranty period can only be considered as part of a voluntary goodwill decision by Second Ride. There is no legal entitlement to goodwill. The statutory warranty rights (§§ 434 ff. BGB) remain unaffected and exist independently of this guarantee.

WARRANTY EXTENSION FOR THE BATTERY

In addition to the standard warranty (§ 2), Second Ride offers a chargeable extension of the battery warranty (“warranty extension”).
Upon purchase, the warranty period for the battery is extended from 12 months to a total of 5 years from the date of purchase. The other provisions of this warranty, in particular the exclusions in § 3, apply accordingly.
The warranty extension costs a one-off fee of €249 incl. VAT. It must be purchased before the standard warranty expires and only comes into effect upon full payment.
The warranty extension is personal, applies only to the original purchaser and is not transferable.
It only covers the battery performance guarantee (runtime, charging cycles, state of health). The standard warranty continues to apply to other parts of the conversion kit.
The warranty extension is limited to one specific battery. If several batteries are purchased, several warranty extensions must also be purchased.

LIMITATION OF LIABILITY

Second Ride is liable without limitation for intent and gross negligence as well as for injury to life, limb or health.
In the event of a slightly negligent breach of material contractual obligations, liability shall be limited to the foreseeable damage typical of the contract.
Liability under the Product Liability Act remains unaffected.

GENERAL

Changes or extensions to these warranty conditions by dealers or employees of Second Ride are ineffective.
Should individual provisions of this guarantee be invalid, this shall not affect the validity of the remaining provisions.
German law applies.

12. data protection

The data protection provisions of the privacy policy on the website www.second-ride.de apply exclusively.

13 Supplementary General Terms and Conditions for easyCredit installment purchases

Scope of application and general terms of use
The following supplementary General Terms and Conditions (hereinafter referred to as GTC) apply between you and the merchant for all contracts concluded with the merchant in which the easyCredit installment purchase (hereinafter referred to as installment purchase) is used.
In the event of a conflict, the supplementary GTC take precedence over any other general terms and conditions of the merchant.
An installment purchase is only possible for customers who are consumers in accordance with Section 13 of the German Civil Code (BGB) and who have reached the age of 18.
Installment purchase
With the support of TeamBank AG Nürnberg, Beuthener Straße 25, 90471 Nürnberg (hereinafter referred to as TeamBank AG), the retailer provides you with the installment purchase option for your purchase.
The retailer reserves the right to check your creditworthiness. For further details, please refer to the installment purchase data protection notice in the order section. If it is not possible to use the installment purchase option due to insufficient creditworthiness or reaching the merchant’s sales limit, the merchant reserves the right to offer you an alternative payment option.
The contract for an installment purchase is concluded between you and the retailer. There is no payment, but with the installment purchase you decide to pay the purchase price in monthly installments. Monthly installments are to be paid over a fixed agreed term, whereby the final installment may differ from the previous installment amounts. Ownership of the goods remains reserved until full payment has been made.
The receivables arising from the use of the installment purchase shall be assigned by the merchant to TeamBank AG within the framework of an ongoing factoring agreement. Payments can only be made to TeamBank AG with debt-discharging effect.
Apart from the general trade supervisory authority, the retailer is not subject to supervision by a supervisory authority. You can address complaints to the retailer by letter or e-mail.
Payment in installments by SEPA direct debit

With the SEPA direct debit mandate issued with the installment purchase, you authorize TeamBank AG to collect the payments to be made through the installment purchase from your current account specified in the order process at the credit institution specified there by means of a SEPA direct debit.

Collection shall take place at the earliest on the date specified in the pre-notification/advance notice. A later, more timely collection can take place.

If there is a reduction in the purchase price amount between the pre-notification and the due date (e.g. due to credit notes), the amount debited may differ from the amount stated in the pre-notification.

You must ensure that your current account has sufficient funds on the due date. Your bank is not obliged to honor the direct debit if there are insufficient funds in your current account.

In the event of a returned direct debit due to insufficient funds in the current account, due to an unjustified objection by the account holder or due to the expiry of the current account, you will be in default even without a separate reminder, unless the returned direct debit results from circumstances for which you are not responsible.

Costs charged to TeamBank AG by your bank for a return debit note for which you are responsible may be claimed by TeamBank AG from you as damages and must be reimbursed by you. You reserve the right to prove to TeamBank AG that you have suffered less damage or no damage at all.

If you are in default, TeamBank AG is entitled to charge a reasonable reminder fee or default interest of five percentage points above the respective prime rate of the European Central Bank for each reminder.

Due to the high costs associated with a returned direct debit, we ask you not to object to the SEPA direct debit in the event of a withdrawal from the purchase contract, a return or a complaint. In these cases, the payment will be reversed in agreement with the retailer by transferring back the corresponding amount or by issuing a credit note.

14. final provisions

The European Commission provides a platform for online dispute resolution (OS), which can be found at the following link http://ec.europa.eu/consumers/odr/. Second Ride is not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
The contract shall be governed exclusively by the law of the Federal Republic of Germany. The application of the UN Convention on Contracts for the International Sale of Goods is excluded. If you are a consumer (clause 1.1), the mandatory consumer protection provisions applicable in the country in which the CUSTOMER has his habitual residence shall apply, provided that they offer the CUSTOMER further protection.
In the case of CONSUMERS who do not conclude the contract for professional or commercial purposes, the above choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the CONSUMER has his habitual residence.
If the CUSTOMER is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be Berlin.
The same applies if the CUSTOMER is an entrepreneur and does not have a general place of jurisdiction in Germany or if their place of residence or habitual abode is not known at the time the action is filed. Second Ride’s right to bring an action before a court at another legal place of jurisdiction remains unaffected by this.

15. severability clause

Should individual provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.

Cancellation policy

1. right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods.
To exercise the right to cancel, you must inform us (Second Ride GmbH, Im Marienpark 3, 12107 Berlin, E-Mail: info@second-ride.de) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

2. consequences of the revocation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will withhold the repayment until we have received suitable proof of return from you. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling by you that is not necessary for checking the quality, properties and functionality of the goods.

3. special notes

If possible, the goods should be returned in the original packaging with all accessories and packaging components. If necessary, please use protective outer packaging if the original packaging is no longer available in order to ensure adequate protection against any transport damage. Damage and contamination of the item to be returned should be avoided. Second Ride would like to point out that the right of withdrawal and its consequences are, of course, independent of the observance of this notice; it merely serves to facilitate the processing of the return.

4. sample revocation form

(If you want to cancel the contract, please fill out this form and send it back to us).

An Second Ride GmbH

In Marienpark 3

12107 Berlin

E-mail: info@second-ride.de

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only for notification on paper)
Date

______________________

(*) Delete as appropriate.

The right of withdrawal does not apply to the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.