General Terms and Conditions
1. General TermsAll orders, sales contracts, deliveries, and offers of zuri GmbH shall be governed by the following general terms and conditions of sale. These terms and conditions apply to all present and future business relations. Consumers in the sense of these terms and conditions are natural persons who conduct business transactions with zuri GmbH, yet to whom no commercial or self-employed profession can be ascribed. Different conditions of the contracting party shall not be valid in any case unless they have been explicitly accepted in writing by zuri GmbH. Transferences of the purchaser's rights and obligations resulting from the contract require the seller's written consent.
2. Conclusion of Contract[a] No claims on product specifications or descriptions may be inferred from information contained in catalogues, brochures or from external retailers.
[b] Certain attributes, especially frame colors and markings, cannot be guaranteed. This applies, in particular, to all product illustrations, technical drawings, measures, weights, product descriptions as well as price indications published in connection with zuri products. Mistakes and errors are not excluded.
[c] Placing an order is possible in writing or (if available) online. E-Mailing is sufficient to fulfill the requirements of placing an order in writing. By placing an order in one of the mentioned channels, one makes a binding offer to purchase the relevant product. The customer is bound to this offer for a period ending on the end of the 14th calendar day following the day of the offer. Zuri GmbH has the right to accept the offer within the defined period.
[d] Immediately after receiving the offer, zuri GmbH will send an e-mail confirming the receipt to the customer. This e-mail shall not constitute an acceptance of the order. Only after explicitly stating the acceptance of the offer (via e-mail) or sending out the contract goods, the offer may be considered accepted. The contract shall not be valid until zuri GmbH accepted the customer’s offer.
[e] Any Customer who is a consumer obtains the right to revoke the offer and return the goods received based on the cancellation and return policy made available to the customer with the e-mail confirming the receipt of the order (article 6).
3. Prices and Payment[a] All prices include statutory VAT and are quoted in European currency. Shipping charges, tolls, and similar expenses have to be born by the customer.
[b] Rights of offsetting and retention upon the part of the Customer are excluded unless the counterclaim is undisputed or has been determined legally binding.
4. Shipment and Insurance of the Product[a] Incurring costs for delivery are to be taken by the customer. In case of shipments abroad the additional costs have to be borne by the buyer.
[b] Partial delivery is permitted, but is only to be effected if reasonable for the customer. Postage fees, that incur from customer wishes that imply partial deliveries or that articles have to be shipped separately, have to be carried by the customer.
[c] The forecast delivery times by zuri GmbH are without obligation in any case and are under the condition of a proper and timely delivery on the part of the company’s suppliers. Foreign transport companies may delay deliveries abroad.
[d] Delay by act of nature beyond control, strike, not correct and punctual supply to zuri GmbH or other delivery obstacles by external forces cause no demand for the customer.
5. Retention of Title and Resale
The goods shall remain property of zuri GmbH, Ganghoferstraße 23, 80339 München, up to the complete payment.
6. Warranty and Guarantee[a] The Buyer shall inspect the delivered merchandise immediately after its receipt for freedom from defects of material or manufacture as well as transport damage. If, despite all care being taken, the delivered goods contain a defect, the customer has the right to demand repair of the goods or the delivery of substitute goods.
[b] Zuri GmbH has the right to refuse the kind of supplementary performance demanded by the customer, if its realization shall only be feasible by disproportional costs.
[c] The legal warranty period for zuri products shall amount to two years from the date of delivery, if the customer is consumer, otherwise twelve months after delivery.
[d] Above legal warranty liability, zuri GmbH offers a guarantee for the frame of three years from the date of purchase to its customers.
[e] zuri GmbH offers this voluntary guarantee to customers who fulfill the conditions of appropriate and specified use of the product, i.e. :
• Examining the goods immediately after receipt and report possible damages instantly
• sufficient maintenance and nurture of the product
• No modifications of frame (e.g. engravings, varnishing) or fork by the customer
• No mounting or altering additional components that were not explicitly approved by zuri GmbH or replacing the original components by components that do not have similar quality
• Responsible usage, i.e. no overstressing the bike by crashes, jumps, risky driving maneuvers or overloads of any other kind
[f] Natural wear and tear is not covered by the guarantee.
7. Return Policy
[a] In accordance with the German Distance Selling Act (Fernabsatzgesetz), the customer has the right of cancellation within 14 days after the receipt of the goods. To meet the deadline it is sufficient to send the goods back within the defined period. Any cancellation must be issued in writing without the need for any further explanation. In line with legal requirements, we refund the incurred return costs. On request, a return number will be issued to the customer that enables the return at no charges with a certain transport company that will be named by zuri GmbH. Goods returned in any other way will not be accepted and sent back immediately. In case that the goods returned have already been used or even damaged by the customer, the customer has the duty to supply a corresponding impairment loss.
[b] Return is never possible if the product delivered has been manufactured according to the buyer’s individual orders and wishes and is therefore different from the standard (e.g. special geometry, color, engravings, inscriptions)
8. Liability[a] The liability for negligence of zuri GmbH, other than for gross negligence, in case of late delivery shall be limited to an amount equal to 10% of the respective purchase price.
[b] Zuri GmbH shall not be liable for damages which may not reasonably have been foreseen, considering the kind of the relevant order and product and assuming a normal use of the product. The foregoing limitations of liability shall not apply in cases of intentional misconduct or negligence.
[c] The customer’s damage claims on obvious defects of the product are excluded, unless the buyer reports those defects within a period of two weeks after receipt to zuri GmbH.
[d] The limitations stated in this article 7 shall not apply to our liability for guaranteed product specifications (in accordance with article 444 of the German Civil Code (BGB)), personal injury of life, body or health or according to the German Product Liability Act (Produkthaftungsgesetz).
9. Data ProtectionZuri GmbH will use the personal data provided by the customer in order to place an order to execute this order exclusively. All personal data of any customer is saved and processed according to the regulations and rules stated in the pertinent regulations of the Federal Information Protection Law (BDSG) and the Teleservice Information Protection Law (TpSG).
10. Applicable LawPlace of performance and jurisdiction for all legal disputes and claims is, as far as legally allowed, headquarters of zuri GmbH, Ganghoferstr 23, 80339 München.
Hence the law of the Federal Republic of Germany will be applied exclusively.