1. GENERAL; SCOPE OF APPLICATION
1.1 Stadtwerke Gießen AG, Lahnstraße 31, 35398 Gießen ("SWG") offers private and commercial customers
("Customer") the procurement and delivery of an e-scooter (hereinafter also referred to as "Product") against payment of a fee.
(hereinafter also referred to as the"Product").
1.2 "Customer" within the meaning of the contractual terms and conditions is
(a) a consumer within the meaning of Section 13 of the German Civil Code (BGB), i.e. a natural person who concludes a
legal transaction for purposes that are predominantly neither commercial nor self-employed; or
professional activity; or
(b) an entrepreneur within the meaning of Section 14 (1) BGB, i.e. a natural or legal person or a partnership with legal capacity
partnership which, when concluding a legal transaction, acts in the exercise of its commercial or
or independent professional activity. An entrepreneur is also deemed to be a legal entity under
public law and a special fund under public law. For entrepreneurs, section 16
of the terms and conditions.
2. OFFER, CONCLUSION OF CONTRACT AND CANCELLATION
2.1 SWG offers the Customer the procurement and delivery of an e-scooter on its website against payment of a one-off fee.
delivery of an e-scooter. The Customer can choose between various e-scooters described before conclusion of the contract
e-scooters (colour, battery, accessories). This order offer constitutes a binding offer by SWG to conclude a
conclusion of a contract (§ 145 BGB).
2.2 As part of the ordering process, the customer must confirm by ticking the box that they accept these
terms and conditions, the privacy policy and the cancellation policy before concluding the contract.
and accepted them before concluding the contract. The customer has the option of viewing these Terms and Conditions, the
privacy policy and the information about their right of cancellation.
2.3 The Customer accepts SWG's offer by selecting the configured e-scooter at the displayed price and under the specified conditions by
price and the specified conditions by pressing the button "Order with obligation to pay"
("Declaration of acceptance"). SWG shall confirm receipt of the customer's declaration of acceptance by email.
2.4 The contract between SWG and the customer is concluded upon receipt of the declaration of acceptance by SWG ("conclusion of contract").
("conclusion of contract").
2.5 SWG shall provide the Customer with a confirmation after conclusion of the contract, but at the latest when the e-scooter is handed over.
confirmation, which sets out the content of the contract, on a durable medium (e.g. by letter, fax or e-mail).
letter, fax or e-mail).
2.6 SWG may withdraw from the contract at any time if it is unable to fulfil its obligations due to incomplete or late delivery by SWG.
delivery by a supplier despite the timely conclusion of a covering transaction ("delayed delivery").
the delivery item ("justified cancellation"). Justified cancellation is excluded if
SWG or one of its vicarious agents is responsible for the lack of or defective self-delivery.
is responsible. In this case, SWG is alternatively entitled to offer the customer other goods of equal value as agreed
and to set a reasonable deadline for acceptance of the offer. In this case, SWG is only
only entitled to withdraw from the contract after rejection of the offer by the customer or after expiry of the acceptance period.
entitled to withdraw from the contract. In the event of justified cancellation, the customer is not entitled to claim damages from SWG.
3. OBLIGATIONS OF THE CUSTOMER
The customer is obliged to accept the product ordered by him and to pay the agreed price to SWG.
SWG.
4. OBLIGATIONS OF THE MUNICIPAL UTILITIES
4.1 SWG shall arrange for the procurement and delivery of the e-scooter; this includes the handover of the e-scooter, the accessories and any product information,
accessories and any product information.
4.2 The provision of the service in accordance with section 4.1 shall be documented by a handover protocol.
5. DELIVERY AND SHIPPING CONDITIONS, TRANSFER OF RISK
5.1 The delivery of the e-scooter to the customer ("handover"), including any accessories ("accessories") and any manuals
any manuals, operating instructions and other documents (collectively "Product Documentation") shall be
shall be carried out by a transport company commissioned by SWG to the delivery address specified by the
delivery address specified by the customer, unless expressly agreed otherwise.
5.2 If the Customer places an order via SWG's online order form, the delivery address specified by the Customer in the online order form shall apply.
delivery address specified by the customer in the online order form. Deviating from this, when selecting the
payment method PayPal, the delivery address provided by the Customer at the time of payment with PayPal shall be deemed
agreed.
5.3 Delivery of the e-scooter is "free kerbside". This means that the transport company is only
obliged to deliver the goods to the public kerbside nearest to the delivery address, unless expressly agreed otherwise,
unless expressly agreed otherwise.
5.4 If the goods are returned to SWG by the transport company because delivery to the customer was not possible, the customer
delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful dispatch, unless (i) the customer has
customer has effectively exercised a right of cancellation to which he is entitled, (ii) the customer is not responsible for the circumstance
delivery, or (iii) the customer was unable to accept the service offered through no fault of his own.
accept the service offered. In the event that SWG or the transport company commissioned by it
the planned handover time and the handover location to the customer a reasonable time in advance and the customer does not
and the customer has not objected to this, the customer may not invoke point (iii).
invoked.
5.5 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the
deterioration of the product shall pass to the customer as soon as the E-Roller product is handed over to the forwarding agent, the
carrier or the person or organisation otherwise responsible for carrying out the shipment.
5.6 If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the product
of the product shall not pass until the e-scooter is handed over to the customer or a person authorised to receive it.
person authorised to receive it.
5.7 Delays in delivery caused by statutory or official orders (e.g. import and export restrictions)
export restrictions) and for which SWG is not responsible shall extend the delivery period
according to the duration of such obstacles. SWG shall inform the customer of the beginning and end of such
the customer immediately in important cases.
5.8 SWG may determine the type of dispatch, the dispatch route and the company commissioned with the dispatch at its discretion.
discretion.
5.9 SWG's obligation to perform shall be suspended if and for as long as the Customer fails to fulfil its obligations, in particular its obligations to cooperate and pay.
cooperation and payment obligations.
5.10 The e-scooter is delivered to the Customer completely ready to drive. If insurance is required for the use of the e-scooter, the
insurance is required for the use of the e-scooter, the customer is obliged to take this out at their own expense.
5.11 The Customer bears the risk of using the product. In particular, the customer is responsible for ensuring
that the user of the e-scooter has the necessary licence to drive the e-scooter.
6. RESERVATION OF TITLE
6.1 SWG retains ownership of the e-scooter until full payment of the claims to which it is entitled from this contract with the Customer.
to which they are entitled under this contract with the Customer.
6.2 As long as the retention of title exists, the Customer may not dispose of the delivered e-scooter or allow third parties to use it.
third parties for use.
6.3 If the customer is an entrepreneur who acts in the exercise of his independent or commercial activity when making the purchase
a legal entity under public law or a special fund under public law, the retention of title shall apply to all outstanding
retention of title shall apply to all outstanding claims from the current business relationship until settlement of the claims associated
in connection with the purchase.
6.4 In the event of access by third parties to the product delivered by SWG under retention of title and already put into operation
product delivered by SWG and already put into operation - in particular in the context of foreclosure - the customer is obliged to
to point out SWG's ownership. The customer must inform SWG immediately of any seizure by third parties so that SWG can protect and enforce its property rights.
7. ELECTRICAL ENERGY
7.1 Insofar as electrical energy ("electricity") is required for the operation or use of the product, the customer must conclude an
customer is responsible for concluding the necessary electricity supply contract.
7.2 The supply of electricity is not the subject of the contract. The customer may conclude a corresponding
electricity supply contract
(a) with SWG or
(b) another electricity supplier of his choice.
8. MAINTENANCE, REPAIR AND SERVICING
8.1 The Customer is responsible for the maintenance, repair and servicing of the e-scooter and must bear the costs incurred.
costs incurred.
8.2 If the manufacturer of the e-scooter has specified mandatory maintenance work for its service life, the Customer must
the customer is responsible for having this work carried out at his own expense.
9. PRICES AND TERMS OF PAYMENT
9.1 The Customer must pay SWG the agreed remuneration. The gross price quoted includes the statutory VAT.
VAT is included in the gross price.
9.2 Various payment options are available to the customer, to which he is referred in this online shop.
is referred to in this online shop. If payment is made using a payment method offered by PayPal, the payment is processed
payment is processed via the payment service provider PayPal(Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal,
L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at
www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account
account - subject to the terms and conditions for payments without a PayPal account, available at www.
paypal.com/en/webapps/mpp/ua/privacywax-full
9.3 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.
10 LIABILITY
10.1 SWG shall be liable to the Customer for damages and reimbursement of expenses
(a) in the event of the assumption of a guarantee or the absence of a warranted characteristic,
(b) in the event of liability under the German Product Liability Act (ProdHaftG),
(c) in cases of wilful intent, fraudulent intent or gross negligence,
(d) in the event of injury to life, limb or health, and
(e) in the event of a breach of material contractual obligations, i.e. obligations whose fulfilment is essential for the
fulfilment of which is essential for the proper performance of the contract and on compliance with which the customer
regularly relies on and may rely on.
10.2 In the event of a slightly negligent breach of material contractual obligations, SWG's liability is limited to compensation for
foreseeable damage typical of the contract. Foreseeable and contract-typical damages
are those that SWG foresaw as a possible consequence of a breach of contract when the contract was concluded
or should have foreseen, taking into account the circumstances of which they were aware or should have been aware.
10.3 In all other respects, SWG's liability for damages and reimbursement of expenses, regardless of the legal grounds
(contract, unauthorised action, breach of duties arising from the contractual obligation, indemnification, etc.),
is excluded.
10.4 SWG shall not be liable if and as long as it is prevented from performing the contract by force majeure or other circumstances for which it is not responsible.
circumstances for which they are not responsible and which they cannot reasonably be expected to rectify,
are prevented.
10.5 Insofar as SWG's liability is excluded or limited in accordance with the above provisions, this shall also apply to the
also applies to the corresponding personal liability of SWG's vicarious agents, representatives and employees.
employees of SWG.
11. ASSIGNMENT OF RIGHTS AND COMMISSIONING OF THIRD PARTIES
11.1 SWG is authorised to transfer the rights and obligations arising from the contract as a whole to a third party.
The transfer shall only become effective if the customer consents.
11.2 Consent shall be deemed to have been given if the customer does not object within four weeks of the written
written notification of the transfer of rights and obligations. The customer shall be informed of these consequences
separately in the notification.
11.3 SWG is entitled to commission third parties as vicarious agents within the meaning of Section 278 BGB with the fulfilment of the obligations assumed in the contract, provided that
fulfil the obligations assumed in the contract, provided that it is ensured that the services are
are carried out properly and professionally and that the third party is capable and reliable. The customer
expressly agrees to this.
12. CONTACT DETAILS
The customer can contact SWG during normal business hours (Monday to Thursday from 08:00 - 16:00, Friday
8:00 a.m. - 1:00 p.m.) using the following contact details:
Stadtwerke Gießen AG
Lahnstraße 31
35398 Giessen
E-mail: info@stadtwerke-giessen.de
Telephone: 0641 708-0
13. DATA PROTECTION
In connection with the performance of the contract, SWG undertakes to comply with all applicable data protection
applicable data protection regulations within the Federal Republic of Germany and the European Union.
European Union.
14. APPLICABLE LAW; CONSUMER DISPUTE RESOLUTION; INVALIDITY OF INDIVIDUAL PROVISIONS
14.1 The contract and the terms and conditions are subject to the law of the Federal Republic of Germany.
14.2 The European Commission has set up a platform on the Internet at ec.europa.eu/consumers/odr/ for the
out-of-court online dispute resolution for consumer disputes. SWG
are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
to participate.
14.3 Should individual provisions of the terms and conditions or the contract be or become ineffective, this shall not affect the
this shall not affect the validity of the remaining provisions of the Terms and Conditions or the contract.
15. RIGHT OF CANCELLATION
15.1 In the case of a contract concluded outside of business premises within the meaning of § 312b para. 1
BGB and in the case of a distance contract within the meaning of Section 312c (1) BGB, the customer has the following right of cancellation.
Cancellation policy
Right of cancellation
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the
carrier, has taken possession of the goods.
To exercise your right of cancellation, you must inform us (Stadtwerke Gießen AG, Lahnstr. 31, 35398 Gießen,
Germany, telephone number: 0641 708-0, fax number: 0641 708-3387, e-mail: info@stadtwerke-giessen.de)
by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract.
of your decision to cancel this contract. You can use the attached sample cancellation form
which is, however, not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the
expiry of the cancellation period.
Consequences of cancellation
If you cancel this contract, we will refund all payments that we have received from you,
including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the favourable standard delivery offered by us), immediately
and at the latest within fourteen days from the day on which we receive notification of your cancellation of this contract.
of this contract has been received by us. For this repayment, we will use the same means of payment that
you used for the original transaction, unless expressly agreed otherwise with you.
otherwise agreed with you; in no case will you be charged any fees for this repayment.
If you have requested that the service should commence during the cancellation period, you must pay us a reasonable
reasonable amount corresponding to the proportion of the services already provided by the time you notify us of the exercise of the right of cancellation in respect of this contract compared to the total scope of the services provided for in the contract.
to the total scope of the services provided for in the contract.
You shall bear the direct costs of returning the goods. The costs are estimated at a maximum of around € 150.00
estimated.
You only have to pay for any loss in value of the goods if this loss in value is due to a defect that cannot be
the condition, properties and functioning of the goods.
15.2 The model cancellation form referred to in the cancellation policy contained in section 15.1 is attached in the annex
sample cancellation policy to the terms and conditions.
16. DEVIATING REGULATIONS FOR ENTREPRENEURS
16.1 If the customer is an entrepreneur, the provisions of Clauses 1 to 15 shall apply with the deviations and additions
according to the following clauses 16.2 to 16.5.
16.2 In the event of breaches of Section 3, the Customer must indemnify SWG against all third-party claims, costs, damages and expenses in this connection.
costs, damages and expenses in this connection.
16.3 Section 15 shall not apply.
16.4 Other regulations of the customer, in particular general terms and conditions, shall not apply.
This also applies if SWG does not expressly object to them or accepts or provides services in the knowledge of them.
accept or provide services in the knowledge thereof.
16.5 The exclusive place of jurisdiction for all disputes is Gießen.