Terms of service

Terms & Conditions (AGB)

Last updated: [Month Day, Year]

These Terms & Conditions ("Terms") govern your use of the FAF Cycling online store and all purchases made through our website.

Throughout these Terms, "FAF Cycling", "we", "us" and "our" refer to the legal entity identified in Section 2.

By accessing our website or placing an order, you agree to these Terms together with our Privacy Policy and any other policies referenced on our website.

These Terms do not affect any mandatory statutory rights available to consumers under applicable law.


1. Scope

These Terms & Conditions apply to all orders placed through the FAF Cycling online store.

They govern the contractual relationship between FAF Cycling and customers purchasing products through our website.

These Terms apply exclusively to consumers unless expressly stated otherwise.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.

If any mandatory consumer protection law applicable in your country of residence grants you additional rights, those rights remain unaffected.


2. Contracting Party

The purchase contract is concluded with:

FAF Cycling

Legal Business Name: [Full Legal Company Name]

Registered Address:

[Street]

[Postcode] [City]

Germany

Email:
hello@fafcycling.com

Website:
www.fafcycling.com

Commercial Register:
[HRB Number (if applicable)]

VAT Identification Number:
[VAT ID]

Managing Director(s):
[Name(s), if applicable]


3. Eligibility

You may place an order only if you are legally capable of entering into binding contracts under the applicable law.

By placing an order, you confirm that:

·       the information you provide is accurate and complete;

·       you are authorised to use the selected payment method;

·       you are purchasing products either for personal use or as permitted under applicable law.

We reserve the right to refuse or cancel orders where fraud, misuse or unlawful activity is reasonably suspected.


4. Products

We make every reasonable effort to ensure that product descriptions, specifications, sizing information and images accurately represent our products.

However:

·       colours may vary depending on your screen or device settings;

·       product photographs are illustrative and may differ slightly from the delivered product;

·       minor manufacturing variations that do not affect the intended use or quality of the product do not constitute defects.

Sizing information provided on our website is intended as guidance. Customers remain responsible for selecting the appropriate size.

We reserve the right to improve, update or discontinue products without prior notice.


5. Availability

All products displayed on our website are subject to availability.

Although we endeavour to maintain accurate inventory information, exceptional circumstances may result in a product becoming unavailable after an order has been placed.

If an ordered product cannot be supplied, we will notify you as soon as reasonably possible.

If payment has already been received for an unavailable product, the corresponding amount will be refunded using the original payment method without undue delay.


6. Orders and Contract Formation

The presentation of products in our online store does not constitute a legally binding offer but an invitation for customers to submit an offer to purchase.

By completing the checkout process and clicking the button labelled "Pay now", "Buy now", or any equivalent confirmation button, you submit a binding offer to purchase the selected products.

After your order has been received, you will automatically receive an acknowledgement by email confirming receipt of your order. This acknowledgement does not constitute acceptance of your offer.

A purchase contract is concluded only when we:

·       send you a dispatch confirmation; or

·       dispatch the ordered goods.

If we are unable to accept your order, we will inform you as soon as reasonably possible and refund any payments already received.

We reserve the right to refuse orders where this is objectively justified, including in cases of suspected fraud, obvious pricing errors or product unavailability.


7. Prices and Payment

Unless otherwise stated, all prices displayed on our website are shown in Euros (€) and include the applicable statutory Value Added Tax (VAT).

Shipping costs are displayed separately during checkout before your order is completed.

Customers ordering from countries outside the European Union may be responsible for customs duties, import taxes or other charges imposed by local authorities.

Payment may be made using the payment methods offered during checkout.

We use secure third-party payment providers to process payments. We do not store complete payment card information on our own systems.

If payment cannot be authorised or completed, we reserve the right to suspend or cancel the order until successful payment has been received.


8. Delivery

We deliver to the countries listed on our website.

Estimated delivery times are provided for information only and are not guaranteed.

Delays may occur due to circumstances outside our reasonable control, including but not limited to:

·       customs inspections;

·       carrier delays;

·       severe weather;

·       industrial action;

·       force majeure events.

Where possible, we will keep customers informed of significant delivery delays.

If products within an order become available at different times, we may ship them separately unless this would be unreasonable for the customer.

For consumer purchases, the risk of accidental loss or accidental damage passes to the customer only upon delivery of the goods to the customer or a person designated by the customer.


9. Retention of Title

The delivered goods remain the property of FAF Cycling until full payment of the purchase price has been received.

Until ownership passes, customers shall treat the goods with reasonable care and shall not use them as security for obligations owed to third parties.


10. Right of Withdrawal

Consumers residing in countries where statutory withdrawal rights apply are entitled to withdraw from the purchase contract in accordance with the applicable consumer protection legislation.

For customers within the European Union, this includes the statutory 14-day right of withdrawal.

Detailed information regarding:

·       the withdrawal period;

·       how to exercise the right of withdrawal;

·       the legal consequences of withdrawal; and

·       the Model Withdrawal Form,

is provided in our separate Cancellation Policy (Widerrufsbelehrung), which forms part of our legal documentation.

Nothing in these Terms limits or excludes any statutory consumer rights available under applicable law.


11. Returns and Exchanges

Information regarding returns, exchanges and refunds is provided in our separate Return & Refund Policy, which forms part of our legal documentation.

Our voluntary 30-day return policy is offered in addition to, and does not limit, any statutory rights available to consumers under applicable law, including the statutory right of withdrawal where applicable.

If you wish to return or exchange an item, please follow the instructions set out in our Return & Refund Policy before sending your goods back to us.


12. Statutory Warranty Rights

Consumers are entitled to the statutory warranty rights provided under applicable law.

If a product is defective, you may be entitled to request:

·       repair of the product;

·       replacement of the product;

·       an appropriate reduction in the purchase price;

·       withdrawal from the contract; or

·       damages where the legal requirements are fulfilled.

Normal wear and tear, damage resulting from improper use, accidents, modifications, incorrect care, or failure to follow product care instructions do not constitute manufacturing defects.

Nothing in these Terms limits your mandatory statutory warranty rights.


13. Liability

We are liable without limitation:

·       for damage resulting from intent or gross negligence;

·       for injury to life, body or health;

·       under the German Product Liability Act (Produkthaftungsgesetz);

·       where liability cannot legally be excluded under applicable law.

In cases of slight negligence, we shall only be liable for breaches of essential contractual obligations ("cardinal obligations"), meaning obligations whose fulfilment is necessary for the proper performance of the contract and on which customers may reasonably rely.

In such cases, liability shall be limited to the foreseeable damage typical for the contract.

To the extent permitted by applicable law, any further liability is excluded.

The above limitations also apply to the personal liability of our employees, representatives and agents.

Nothing in these Terms excludes or limits any liability which cannot legally be excluded under mandatory law.


14. Intellectual Property

All content available on this website, including but not limited to:

·       the FAF Cycling name;

·       logos;

·       product names;

·       graphics;

·       photographs;

·       illustrations;

·       videos;

·       text;

·       website design;

·       product designs where protected;

·       and other content,

is protected by copyright, trademark and other intellectual property laws.

No content from this website may be copied, reproduced, distributed, modified or used for commercial purposes without our prior written consent, unless permitted by applicable law.


15. Customer Accounts, Reviews and User Content

Customers may have the option to create an account to simplify future purchases.

You are responsible for maintaining the confidentiality of your login credentials and for all activities carried out through your account.

If you submit reviews, photographs, comments or other content relating to FAF Cycling products, you confirm that:

·       you own or have the necessary rights to the content;

·       the content does not infringe the rights of any third party;

·       the content is lawful and does not contain defamatory, discriminatory or otherwise unlawful material.

By submitting such content, you grant FAF Cycling a non-exclusive, worldwide, royalty-free licence to use, reproduce, publish and display the content for marketing, promotional and operational purposes.

You may request removal of your content by contacting us.


16. Promotional Codes and Gift Cards

From time to time, FAF Cycling may offer promotional codes, vouchers or gift cards.

Unless otherwise stated:

·       promotional codes cannot be exchanged for cash;

·       only one promotional code may be used per order;

·       promotional codes cannot be applied retrospectively after an order has been placed;

·       promotional codes may be subject to expiry dates or minimum order values.

Gift cards remain valid for the period required under applicable law unless a longer validity period is specified.

If a purchase made using a promotional code or gift card is refunded, the refund will be processed in accordance with our Return & Refund Policy and applicable law.


17. Force Majeure

We shall not be liable for delays or failures in performance resulting from events beyond our reasonable control.

Such events include, but are not limited to:

·       natural disasters;

·       severe weather;

·       fire;

·       flood;

·       pandemics;

·       epidemics;

·       war;

·       terrorism;

·       civil unrest;

·       strikes;

·       governmental actions;

·       transport disruptions;

·       customs delays;

·       interruptions affecting suppliers or carriers.

Where such events occur, we will make reasonable efforts to minimise their impact and fulfil our contractual obligations as soon as reasonably practicable.


18. Privacy and Data Protection

The processing of personal data is governed by our Privacy Policy.

We process personal data in accordance with the General Data Protection Regulation (GDPR), the German Federal Data Protection Act (BDSG), and other applicable data protection laws.

Further information regarding the use of cookies and similar technologies is provided in our Cookie Policy.


19. Applicable Law

These Terms & Conditions shall be governed by the laws of the Federal Republic of Germany.

The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

If you are a consumer residing in another Member State of the European Union, you also benefit from the mandatory consumer protection provisions of the law of your country of residence where such provisions apply.


20. Consumer Dispute Resolution

The European Commission's Online Dispute Resolution (ODR) platform has been discontinued.

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board unless mandatory law requires otherwise.

Customers are encouraged to contact us directly so that we can resolve any concerns quickly and fairly.


21. Amendments to these Terms

We may update these Terms & Conditions from time to time to reflect changes in applicable law, our business operations or our services.

The version published on our website at the time your order is placed shall apply to your purchase.

Material changes affecting future purchases will be published on our website together with the updated revision date.


22. Contact

If you have any questions regarding these Terms & Conditions or your order, please contact us:

FAF Cycling

Email:
hello@fafcycling.com

Website:
www.fafcycling.com

Postal Address:

[Company Name]

[Street Address]

[Postcode] [City]

Germany


These Terms & Conditions are intended to be read together with our:

·       Privacy Policy

·       Cookie Policy

·       Shipping Policy

·       Return & Refund Policy

·       Cancellation Policy (Widerrufsbelehrung)

·       Model Withdrawal Form

·       Impressum

Where mandatory consumer legislation grants rights beyond these Terms, those statutory rights shall prevail.