General Terms and Conditions (enviado Webshop) – Version: September 2024

Below we would like to present our General Terms and Conditions (GTC). Our services and deliveries are provided exclusively on the basis of the following GTC. These also apply to all future transactions insofar as they are of the same type.

The customer’s terms and conditions shall not apply, even if we do not expressly object to their validity. Deviating or conflicting terms shall apply only if they have been acknowledged by us in writing.

Please note that we conclude contracts exclusively with persons or companies who enter into the legal transaction in the exercise of their entrepreneurial, commercial, or self-employed professional activity. Consumers within the meaning of Section 13 of the German Civil Code (BGB) are expressly excluded from being supplied. If, by way of exception, a supply to a consumer has nevertheless taken place, enviado expressly reserves the right to withdraw from the contract extraordinarily and without notice or to declare avoidance (rescission) of the contract.

Any references to consumers in our General Terms and Conditions serve exclusively for clarification purposes in order to comply with statutory formal requirements and to avoid potential warnings (cease-and-desist letters) by third parties.

The following GTC apply to entrepreneurs and merchants. Special provisions for entrepreneurs and merchants are highlighted separately by specific provisions. The highlighting is carried out by expressly naming the entrepreneur as the addressee of the respective provision.

For reasons of better readability, the simultaneous use of the language forms male, female and diverse (m/f/d) is omitted. All personal designations apply equally to all genders.

(1) These Terms and Conditions apply to all present and future business relationships between you and
enviado GmbH
Am Steinbusch 7 b
48351 Everswinkel
Tel.: +49 258 290 283 54
Fax: +49 251 378 100 3
E-Mail: info@enviado.de
Represented by its Managing Directors:
Sebastian Hauß & Marcel Honisch
Registered office and register court: Münster HRB 17662
VAT identification number: DE 273920665

(2) Deviating, conflicting or supplementary general terms and conditions of the contracting party shall not become part of the contract, even if known, unless their validity is expressly agreed to in writing. This requirement of consent applies in any case, for example also if we, with knowledge of the contracting party’s GTC, carry out delivery to it without reservation.

(3) Individual agreements made with the contracting party in a particular case (including ancillary agreements, supplements and amendments) shall in any case take precedence over these GTC. For the content of such agreements, subject to proof to the contrary, a written contract or our written confirmation shall be authoritative.

(4) Legally relevant declarations and notices of the contracting party in relation to the contract (e.g. setting a deadline, notice of defects, withdrawal or reduction) must be made in writing, i.e. in written or text form (e.g. letter or e-mail). Statutory form requirements and further evidence requirements, in particular in the event of doubts about the legitimacy of the declarant, remain unaffected.

(5) These Terms and Conditions apply regardless of whether you are an entrepreneur or a merchant. Special provisions for entrepreneurs and merchants are highlighted separately by specific provisions. The highlighting is carried out by naming the entrepreneur as the addressee of the respective provision. The Terms and Conditions apply to contracts for the sale and/or delivery of movable items (goods), regardless of whether we manufacture the goods ourselves or purchase them from suppliers.

(6) All agreements between you and us in connection with the purchase contract result in particular from these Terms and Conditions, our written order confirmation and our declaration of acceptance. References to the applicability of statutory provisions are for clarification purposes only. Even without such clarification, the statutory provisions apply insofar as they are not directly amended or expressly excluded in these GTC.

(7) These Terms and Conditions do not apply to the granting of use of our rental items. Special rental conditions apply to these, which you will receive at the e-mail address you provided from our customer advisors after completion of your individual consultation. Deviating from Section 2 (3), the conclusion of the contract and the content of the rental contract for rental items are governed by these special rental conditions.

(8) Each contracting party is only entitled to maintain one customer account with us at the same time. We reserve the right to delete multiple registrations.

(9) In the event that the contracting party concludes a legal transaction with us in its capacity as a consumer, we shall have a right of withdrawal without the need to set a deadline.

(10) The version of the General Terms and Conditions valid at the time of conclusion of the contract shall be decisive.

(1) The presentation and advertising of items in our online shop do not constitute a binding offer to conclude a purchase contract. This applies in particular to prices, illustrations and brochures. Technical changes as well as changes in shape, color and/or weight remain reserved within reasonable limits. This also applies if we have provided the contracting party with catalogs, technical documentation (e.g. drawings, plans, calculations, references to DIN standards), other product descriptions or documents – also in electronic form – to which we reserve ownership and copyrights.

(2) We conclude contracts via https://www.enviado.de/SHOP/ exclusively in German.

(3) By clicking the button “Place order subject to payment” you submit a binding order for the items in the shopping cart. Your order is deemed to be a binding contractual offer. You are bound by the order for a period of two (2) weeks after submitting the order. We confirm receipt of your order immediately by e-mail after you submit the order. A binding contract is concluded upon receipt of the order confirmation or upon delivery of the goods. Please note that delivery of the ordered goods in the case of advance payment (reservation) takes place as soon as payment of the full purchase price as well as any shipping costs has been received by us. We therefore ask you to transfer the purchase price immediately after receipt of the order confirmation, but no later than within seven (7) days.

(4) The conclusion of the contract is subject to correct and timely self-supply by our suppliers. This applies only in the event that non-delivery is caused by an obstacle for which we are not responsible, in particular in the case of conclusion of a congruent hedging transaction with our supplier. You will be informed of the unavailability of the service without undue delay. If we have informed you of a new delivery period and the service is also not available within the new delivery period, we are entitled to withdraw from the contract in whole or in part. Any consideration, insofar as already provided, will be refunded without undue delay.

(5) The conclusion of the contract is subject to the condition that you have submitted the offer to conclude a purchase contract in the exercise of your entrepreneurial, commercial or self-employed activity. enviado reserves the right to verify your status as an entrepreneur throughout the entire contractual relationship by requesting suitable evidence.

(6) We do not assume the risk of having to procure ordered goods (procurement risk). This also applies when ordering goods that are described only by their type and characteristics (generic goods). We are only obliged to deliver from our stock and the goods ordered by us from our suppliers.

(7) We deliver orders within Germany. If time limits are stated in working days, this means all days from Monday to Friday inclusive, excluding public holidays. The delivery time for the delivery of goods that are not delivery bicycles (e-bikes) is approximately five (5) working days, unless otherwise agreed. Subject to the provision in paragraph 9, the period begins upon conclusion of the contract.

(8) We are entitled to make partial deliveries insofar as this is reasonable for you.

(9) In the case of orders from customers with residence or registered office abroad or in the event of justified indications of a risk of non-payment, we reserve the right to deliver only after receipt of the purchase price plus shipping costs (advance payment reservation). If we make use of the advance payment reservation, we will inform you without undue delay. In this case, the delivery period begins upon payment of the purchase price and shipping costs.

(10) If you order in your capacity as an entrepreneur, i.e. as a natural or legal person or a partnership with legal capacity acting in the exercise of a commercial or self-employed professional activity, you as an entrepreneur may, if the goods are not received after expiry of the delivery period, set a grace period of at least 14 days in writing. After expiry of this period without success, a further period of at least 10 days must be set. If this further grace period also expires without success, you as an entrepreneur may withdraw from the purchase contract. A claim for damages is excluded unless the delay is due to intent or gross negligence on our part or on the part of one of our vicarious agents.

First, we would like to inform you that in the event of a return of goods you may use the return label, which is either enclosed with your order or which you have received from us by e-mail or can receive upon request. If you do not have a printer available, have difficulty downloading the return label, or need a new return label, you can also request it via our contact form or at service@enviado.de. Please help us to avoid unnecessary costs and do not return goods without a return label.

Withdrawal information:

Please note that we conclude contracts exclusively with persons or companies who enter into the legal transaction in the exercise of their entrepreneurial, commercial or self-employed professional activity. Consumers within the meaning of Section 13 of the German Civil Code (BGB) are expressly excluded from being supplied. If, by way of exception, a supply to a consumer has nevertheless taken place, enviado expressly reserves the right to withdraw from the contract extraordinarily and without notice.

For entrepreneurs there is no statutory or contractual right of withdrawal.

enviado GmbH
Am Steinbusch 7 b
48351 Everswinkel
Tel.: +49 258 290 283 54
Fax: +49 251 378 100 3
E-Mail: service@enviado.de

End of the withdrawal information

(1) Delivery is ex warehouse, which is also the place of performance for delivery and any subsequent performance. At the request and expense of the contracting party, the goods will be dispatched to another place of destination (sale by dispatch). Unless otherwise agreed, we are entitled to determine the type of dispatch (in particular transport company, shipping route; packaging) ourselves.

(2) Shipping is carried out exclusively at the expense and risk of the contracting party. In the case of sale by dispatch, the risk of accidental loss and accidental deterioration as well as the risk of delay passes to the contracting party upon delivery of the item to the forwarding agent, carrier or other person or institution designated to carry out the shipment.

(3) It shall be equivalent to handover if the contracting party is in default of acceptance.

(4) If the contracting party does not specify any particular shipping request, we will dispatch the goods via the shipping route that appears suitable to us.

(5) Identified transport damage must be reported immediately and the goods must be sent to us together with an acknowledgement declaration of the forwarding agent, postal service, railway or other parcel service as well as an assignment declaration of the entrepreneur to us. Thereafter, replacement delivery can be made by us provided that the conditions for asserting claims against the transport company are met and the entrepreneur has provided all documents and information required for this.

(1) We are liable for material defects or defects in title of delivered items in accordance with the applicable statutory provisions, in particular Sections 434 et seq. BGB. The limitation period for statutory warranty claims is one (1) year and begins upon delivery of the goods.

(2) In the case of goods with digital elements or other digital content, we owe provision and, if applicable, updating of the digital content only insofar as this results expressly from an agreed quality/condition.

(3) If the delivered item is defective, we may initially choose whether to provide subsequent performance by remedying the defect (repair) or by delivering a defect-free item (replacement delivery). Our right to refuse subsequent performance under the statutory requirements remains unaffected. In the event of replacement delivery, the entrepreneur must return the defective item to us at our request in accordance with the statutory provisions; however, the contracting party has no right of return. Subsequent performance does not include removal, dismantling or deinstallation of the defective item nor installation, attachment or installation of a defect-free item if we were not originally obliged to perform any of these services; claims of the contracting party for reimbursement of corresponding costs (“removal and installation costs”) remain unaffected.

(4) The entrepreneur must give us the time and opportunity required for subsequent performance, in particular to hand over the complained-of goods for inspection purposes. In the event of replacement delivery, the entrepreneur must return the defective item to us in accordance with the statutory provisions. Subsequent performance does not include removal of the defective item nor re-installation of the defect-free item if we were not originally obliged to install it.

(5) We are entitled to make subsequent performance dependent on the entrepreneur paying the due purchase price. The entrepreneur is, however, entitled to withhold a part of the purchase price proportionate to the defect.

(6) We reimburse the expenses required for the purpose of inspection and subsequent performance, in particular transport, travel, labor and material costs, in accordance with the statutory provisions if a defect actually exists. Otherwise, we may demand reimbursement from the entrepreneur for the costs incurred due to the unjustified request to remedy defects (in particular inspection and transport costs), unless the lack of defectiveness was not recognizable for the entrepreneur.

(7) If subsequent performance fails, the entrepreneur may, at its option, generally demand a reduction of remuneration (reduction) or rescission of the contract (withdrawal). In the case of only minor breach of contract, in particular only minor defects, the entrepreneur has no right of withdrawal. The entrepreneur must notify us in writing of obvious defects within a period of two (2) weeks from receipt of the goods; otherwise, the assertion of the warranty claim is excluded. Timely dispatch is sufficient to meet the deadline. The entrepreneur bears the full burden of proof for all prerequisites of claims, in particular for the defect itself, for the time the defect was discovered and for the timeliness of the notice of defects.

(8) If, after failed subsequent performance, the entrepreneur chooses withdrawal from the contract due to a defect, it has no additional claim for damages due to the defect. If, after failed subsequent performance, the entrepreneur chooses damages, the goods remain with the entrepreneur if this is reasonable for it. Damages are then limited to the difference between the purchase price and the value of the defective item. This does not apply if we or one of our vicarious agents caused the breach of contract by gross negligence or intent.

(9) If the entrepreneur receives defective installation instructions, we are only obliged to deliver defect-free installation instructions, and only if the defect in the installation instructions prevents proper installation.

(10) Claims of the entrepreneur for damages or reimbursement of futile expenses also exist in the case of defects only in accordance with § 14 and are otherwise excluded.

(1) Without prejudice to statutory liability for defects, enviado GmbH (hereinafter “enviado”) grants a warranty exclusively for enviado delivery bicycles for breakage of frames and individual components installed ex works, provided that the delivery bicycles are used in the course of an entrepreneurial activity.

(2) The warranty period extends over 24 months and begins on the day the delivery bicycle is handed over to the transport forwarding agent. If collection by the purchaser (Holschuld) was agreed, the warranty begins upon handover of the delivery bicycle to the entrepreneur.

(3) The warranty is product-related and can be asserted within the warranty period by any person who has legally acquired the product. The warranty service does not cover damage and consequential damage resulting from:

• Accidents and falls
• Use of force by third parties, the contracting party or auxiliary persons of the contracting party
• Incorrect handling
• Inadequate maintenance
• Improper repair
• Improper modifications
• Persons not instructed
• Use not in accordance with intended purpose
• Incorrect or replacement parts not approved by enviado

(4) Likewise excluded from warranty service are parts subject to natural wear and tear such as, e.g.:

• Chains and chain drives
• Stands
• Tires and tubes
• Brake pads and brake discs
• Saddles
• Accumulators for operating the vehicle
• Grips
• Hubs
• Steering, transmission and other bearings

as well as all damage caused by normal wear and tear or the attachment of parts that are not intended or unsuitable for the respective delivery bicycle.

(5) The warranty period is not extended by the performance of warranty services. The warranty service is limited to the repair or replacement of defective parts. No further claims can be asserted. Liability for loss of use or consequential damage is excluded.

(6) Each warranty case must be reported to enviado and can only be fulfilled exclusively by enviado. Unless an individual agreement has been made with enviado, costs for repairs performed by third parties will not be assumed.

(7) Packaging or shipping costs for the shipment of replacement parts within the Federal Republic of Germany shall be borne by enviado up to an amount of 10 euros.

(8) enviado offers a voluntary extension of the warranty period to 36 months. The prerequisite for the warranty extension is the conclusion of a paid warranty period extension. The extension is possible at any time up to expiry of the 24-month warranty period. However, there is no entitlement to a warranty extension.

If the entrepreneur is in default with its obligation to accept the goods when properly made available, we are entitled, after expiry of a grace period of at least 10 days, to demand damages or to withdraw from the contract.

(1) The prices stated in the offer at the time of the order apply. The stated prices are shown as gross and net prices and are understood ex warehouse plus any shipping costs incurred. The gross prices include the applicable German statutory VAT.

(2) The shipping costs are stated in our price information in our online shop. The price including VAT and any shipping costs incurred is also displayed in the order mask before you submit the order.

(1) In principle, we offer the payment methods advance payment, invoice, PayPal and direct debit. A direct debit authorization granted remains valid until revoked also for further orders. We reserve the right not to offer certain payment methods for each order and to refer to other payment methods. Please note that we accept payments only from accounts within the European Union (EU). Any costs of a money transfer are to be borne by you.

(2) In the event of purchase by direct debit, your direct debit account will be debited when we dispatch the order.

(3) What is PayPal? PayPal is a proven online payment service. Your bank or credit card details are stored only with PayPal. Therefore, they are not transmitted over the internet again with each online purchase. Register and use PayPal immediately: Open a PayPal account at https://www.paypal.com/de/webapps/mpp/account-selection. Link your bank account or credit card with your PayPal account and you can pay with PayPal. You already have a PayPal account? Then simply click the PayPal button in the checkout process, which will take you to the PayPal page. Delivery of your order takes place immediately, or within the agreed delivery period.

(4) In the case of purchase on invoice, the purchase price and any shipping costs must be paid immediately upon receipt of our invoice.

(5) In the case of payment in advance, you must first transfer the full invoice amount to our account. You will receive our bank details after your order in the order confirmation. Please be sure to state your order number as the reason for payment, which you will also receive by e-mail. This facilitates allocation to your order. Delivery of your order takes place as soon as the payment has been credited, or within the agreed delivery period. Please note that we can dispatch the order without exception only after receipt of payment.

(6) You agree that you will receive invoices and credit notes exclusively in electronic form.

(7) Any refunds will be initiated automatically to the account you used for payment. In the case of payment by invoice and advance payment, the refund transfer will be made to the account from which the transfer was made. If you paid by PayPal or credit card, the refund will be made to the associated PayPal or credit card account.

(8) The contracting party is not entitled to set off against our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to set off against our claims if you assert notices of defects or counterclaims arising from the same purchase contract.

(9) As the contracting party, you may exercise a right of retention only if your counterclaim arises from the same purchase contract.

We retain title to all goods delivered by us until the contracting party has fully settled all claims arising from the ongoing business relationship.

(1) The entrepreneur is entitled to resell the goods in the ordinary course of business. It hereby assigns to us all claims in the amount of the invoice amount that accrue to it against a third party through resale. We accept the assignment. After the assignment, the entrepreneur is authorized to collect the claim. We reserve the right to collect the claim ourselves as soon as the entrepreneur does not properly meet its payment obligations and is in default of payment.

(2) The entrepreneur is obliged to treat the goods with care. If maintenance and inspection work is required, the entrepreneur must carry this out regularly at its own expense.

(3) The entrepreneur is obliged to inform us immediately of any access by third parties to the goods, for example in the event of seizure, as well as of any damage to or destruction of the goods. Furthermore, in the event of seizures of the goods subject to retention of title or of claims assigned to us by third parties, the entrepreneur undertakes to immediately inform the seizing party and the enforcement authorities orally as well as in writing of our rights (retention of title) and otherwise to do everything to safeguard our rights. A change of possession of the goods as well as a change of its own residence or location must also be notified to us immediately by the entrepreneur insofar as retention of title still exists. The entrepreneur must, at any time upon request, prove where the goods subject to retention of title are located.

(4) We are entitled, in the event of conduct by the entrepreneur in breach of contract, in particular in the event of default of payment or in the event of breach of an obligation under paragraphs 3 and 4 of this provision, to withdraw from the contract and demand surrender of the goods.

(5) Processing and treatment of the goods by the entrepreneur is always carried out in our name and on our behalf. If processing is carried out with items that do not belong to us, we acquire co-ownership of the new item in the ratio of the value of the goods delivered by us to the other processed items. The same applies if the goods are mixed with other items that do not belong to us.

(1) Promotional vouchers are vouchers that cannot be purchased, but that we issue as part of advertising campaigns with a specific validity period.

(2) Promotional vouchers can only be redeemed during the specified period and only once as part of an order process. Individual products and brands may be excluded from the voucher promotion. Promotional vouchers cannot be used to purchase gift vouchers. Please note that promotional vouchers may be tied to a minimum order value.

(3) The value of the goods must be at least equal to the amount of the promotional voucher. Any difference to a higher value of goods can be paid using the offered payment methods. The value of a promotional voucher is neither paid out in cash nor does it bear interest. The promotional voucher will not be refunded if goods are returned in whole or in part.

(4) Promotional vouchers can only be redeemed before completing the order process. Subsequent crediting is not possible. The promotional voucher cannot be transferred to third parties. Multiple promotional vouchers cannot be combined with each other unless we have agreed otherwise.

(5) If you used a promotional voucher for your purchase, we reserve the right to charge you the original price of the goods you keep if – due to your withdrawal – the total value of the order falls below or corresponds to the respective value of the promotional voucher.

(1) Unless otherwise stated in these Terms and Conditions including the following provisions, we are liable for breaches of contractual and non-contractual obligations in accordance with the statutory provisions.

(2) We are liable for damages – irrespective of the legal basis – within the scope of fault-based liability in the event of intent and gross negligence. In the event of simple negligence, we are liable, subject to statutory limitations of liability (e.g. diligence in own affairs; insignificant breach of duty), only
a) for damages resulting from injury to life, body or health,
b) for damages resulting from breach of an essential contractual obligation (obligation the fulfillment of which makes the proper performance of the contract possible in the first place and on the observance of which the contracting party regularly relies and may rely); in this case, however, our liability is limited to compensation for the foreseeable, typically occurring damage.

(3) The limitations of liability resulting from paragraph 2 also apply vis-à-vis third parties as well as in the event of breaches of duty by persons (also in their favor) whose fault we are responsible for under statutory provisions. They do not apply insofar as a defect was fraudulently concealed or a guarantee for the quality of the goods was assumed and for claims of the contracting party under the Product Liability Act.

(4) Due to a breach of duty that does not consist of a defect, the contracting party may withdraw from or terminate the contract only if we are responsible for the breach of duty. A free right of termination of the contracting party (in particular pursuant to Sections 650, 648 BGB) is excluded. Otherwise, the statutory requirements and legal consequences apply.

(1) Deviating from Section 438 (1) No. 3 BGB, the general limitation period for claims for material defects and defects in title is one year from delivery. If acceptance has been agreed, the limitation period begins upon acceptance.

(2) The above limitation period of paragraph 1 also applies to contractual and non-contractual claims for damages of the contracting party based on a defect in the goods, unless application of the regular statutory limitation period (Sections 195, 199 BGB) would in an individual case lead to a shorter limitation period. Claims for damages of the contracting party pursuant to § 14 paragraph 2 sentence 1 and sentence 2(a) as well as under the Product Liability Act become time-barred exclusively in accordance with the statutory limitation periods.

(1) If, by way of exception, you purchase e-bikes or other electrical and electronic equipment from us, you are obliged pursuant to Section 19 ElektroG to ensure proper recovery after the end of use at your own expense and to dispose of the waste equipment in an environmentally compatible manner.

(2) As the contracting party, you undertake to pass on the delivered electrical and electronic equipment exclusively to commercial end users and to expressly exclude sale to private households. In the event of passing on, you are also obliged to inform your purchasers in writing of the exclusive commercial use of the equipment and of the responsibility for disposal pursuant to Section 19 ElektroG.

We hold copyrights to all images, films and texts published in our online shop. Use of the images, films and texts is not permitted without our express consent.

(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). If you submitted the order as a consumer and, at the time of your order, have your habitual residence in another country, the application of mandatory statutory provisions of that country remains unaffected by the choice of law made in sentence 1.

(2) If you are an entrepreneur or merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction – also the international place of jurisdiction – for all disputes arising directly or indirectly from the contractual relationship is our registered office in Münster, in North Rhine-Westphalia, Germany. The same applies if the entrepreneur has no general place of jurisdiction in Germany or if its domicile or habitual residence is not known at the time the action is brought. However, in all cases we are also entitled to bring an action at the place of performance or at the general place of jurisdiction of the contracting party. Otherwise, the applicable statutory provisions apply to local and international jurisdiction.

(3) You can view these GTC at
https://enviado.de/enviado/Allgemeine-Geschaeftsbedingungen/.
You can also print or save this document by using the usual function of your internet service program (=browser: there usually “File” -> “Save as”).

(4) Dispute resolution: The EU Commission has created an internet platform for online dispute resolution. The platform serves as a point of contact for the out-of-court resolution of disputes concerning contractual obligations arising from online purchase contracts. Further information is available at the following link:
https://ec.europa.eu/consumers/odr/
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

(4) Should individual provisions of the contract including these general terms and conditions be or become wholly or partially invalid, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall be replaced by a provision whose economic outcome comes as close as possible to that of the invalid provision.

Your enviado GmbH

enviado GmbH
Am Steinbusch 7 b
48351 Everswinkel
Tel.: +49 258 290 283 54
Fax: +49 251 378 100 3
E-Mail: info@enviado.de
Represented by its Managing Directors:
Sebastian Hauß & Marcel Honisch
Registered office and register court: Münster HRB 17662
VAT identification number: DE 273920665