General Terms and Conditions of
Kwiggle®Bike GmbH, Altenbekener Damm 61, 30173 Hannover

Table of contents

1. Scope of application, general, customer base, language
2. Conclusion of contract
3. Redemption and exchange of vouchers
4. Prices and payment
5. Delivery date
6. Shipping, insurance and transfer of risk
7. Retention of title
8. Customer's obligations when first using the Kwiggle
9. Participation in on-site instructions
10. Service, maintenance and repairs
11. Warranty and right of return
12. Right of withdrawal and return policy
13. Liability
14. Data protection
15. Final provisions


1. Scope of application, general, customer base, language

1.1 All offers, sales contracts, deliveries and services based on orders from our customers via our online shop www.kwiggle.shop, (hereinafter referred to as the “online shop”), including orders by telephone, email, fax or post, are subject to these General Terms and Conditions. Furthermore, these General Terms and Conditions also apply to sales at our sales stands, insofar as the following provisions are not specifically geared towards distance selling.

1.2 The products offered in our online shop are intended for consumers and entrepreneurs, provided that the latter are also end users.
- “Consumer” in the sense of these General Terms and Conditions is any natural person who concludes the contract for a purpose that can predominantly be attributed neither to their commercial nor their self-employed professional activity (§ 13 of the German Civil Code).
- “Entrepreneur” in the sense of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity, which acts in the exercise of its commercial or independent professional activity when concluding the contract (§ 14 para. 1 BGB).
- “Customer” in the sense of these General Terms and Conditions is the end user.
- “On-site instructions” within the meaning of these General Terms and Conditions are physical events and meetings with participants at which the participants can learn how to use the Kwiggle.

1.3 The customer's terms and conditions do not apply, even if we do not specifically object to their validity.

1.4 We reserve the right to amend these GTC at any time, provided that this does not unreasonably disadvantage the customer. The customer will be notified of any changes to the GTC in writing or by email at least six weeks before they come into force. The changes will take effect if the customer does not object in writing or by email within a period of six weeks (beginning after receipt of the written notification of change) and we have pointed out this legal consequence to the customer in the notification of change. In the case of services provided free of charge, we are entitled at any time to amend, revoke or replace the GTC with other GTC and to make new services available free of charge or in return for payment.

1.5 The contract language is German.


2. Conclusion of contract

2.1 Our offers in the online shop and in catalogs are non-binding.

2.2 By placing an order in the online shop, the customer makes a binding offer to purchase the product in question. The customer is bound by the offer for a period of five calendar days following the date of the offer. We are entitled to accept the offer within this period.

2.3 We will send the customer a confirmation of receipt of his offer immediately after receipt of the offer. This confirmation does not constitute acceptance of the offer. The offer is only deemed to have been accepted by us when we have declared acceptance of the offer to the customer by e-mail or have dispatched the goods. The purchase contract with the customer comes into effect with our order confirmation.

2.4 Any customer who is a consumer is entitled to revoke the offer and return the goods in accordance with the special cancellation and return policy, which will be communicated to him together with the confirmation of receipt of his offer.
3. Redemption and exchange of vouchers
3.1 Vouchers issued by us can only be redeemed in our online shop.
3.2 Vouchers and any remaining credit can be redeemed up to the end of the third year after the year of purchase.

3.3 Vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible. The voucher can only be used for the purchase of goods and not for the purchase of further vouchers.

3.4 Vouchers cannot be paid out in cash, interest paid on them, transferred for value, offset against outstanding claims or transferred to another customer account. Resale of vouchers is also not permitted. The voucher is not transferable.

3.5 If the customer applies discount vouchers that are issued for a specific euro amount to a purchase with a lower value of goods, the remaining amount of the discount voucher expires.

4. Prices and payment
4.1 Our prices within the EU include the statutory sales tax. Shipping costs will be charged separately.
4.2 Our prices in non-EU countries (except Australia and New Zealand) do not include the statutory sales tax. Customs duties and all import duties as well as any other charges shall be borne by the customer.

4.3 Unless otherwise expressly agreed, we only deliver against advance payment on the basis of an invoice sent by email. We reserve the right to alternatively offer the customer the option of making a down payment upon conclusion of the contract, in which case the full invoice amount is due for immediate payment before shipment.

4.4 If a customer purchases a voucher in our online shop, we will immediately send them an order confirmation with an invoice and the voucher code. If the customer redeems the voucher for a purchase in the online shop, we will send them an order confirmation for the purchase. However, we will only confirm the order for the purchase of goods once the payment for the voucher has been credited to our accounts.

4.5 For goods whose production begins after the order is placed or whose production has not yet been completed, we will send an order confirmation immediately, taking into account the provisions of section 4.4.

4.6 The customer has no right of set-off or right of retention unless the counterclaim is undisputed or has been legally established.

5. Delivery date

5.1 We will hand over the goods to the shipping company or to the customer by the date specified in the order confirmation at the latest. The latest delivery date is specified during the ordering process. This correlates with the payment period stated on the invoice. If no shipping date is specified, goods marked as “in stock” will be shipped no later than the fifth business day, subject to the provisions of Section 5.2. This period, which is decisive for determining the shipping date, begins on the day the full invoice amount (including VAT and shipping costs) is received.

5.2 If the goods are marked as “in stock” when the customer places the order in the online store, we will hold the goods in stock for a period of five business days after our acceptance of the order; if payment is not received by us within this period, we are entitled to sell the goods at any time. In this case, shipment will be made within the stated period of five business days only while stocks last.

5.3 The delivery dates stated by us for Kwiggle are the latest delivery dates that we have calculated based on the commitments of our suppliers. If it should now come about that a supplier is unable to meet the commitments they have made to us, we unfortunately have no other option than to pass this delay on to our customers. If the goods cannot be delivered on time due to delays in delivery by our suppliers, we will notify the customer of this immediately and give the customer the best possible estimate of the delivery date.

5.4 The customer's statutory rights regarding default in delivery shall not be affected by the above provision, whereby the customer may only claim damages in accordance with the special provisions of Section 12 of these General Terms and Conditions.

5.5 If the goods are permanently unavailable, we will not provide a declaration of acceptance. In this case, no contract will be concluded.

5.6 If we fail to meet a delivery date, the customer must set us a reasonable grace period, which may not be less than one week.

5.7 We are entitled to make partial deliveries of products that can be used separately and that are included in an order, whereby we shall bear the additional shipping costs incurred as a result.

5.8 If a handover date has been agreed with the customer and the customer does not keep the appointment, we will set the customer a reasonable grace period of one week and reserve the right to withdraw from the contract upon expiry of this period. We will also point this out to the customer again separately when setting the grace period.

6. Shipping, insurance and transfer of risk

6.1 Unless otherwise expressly agreed, we shall determine the appropriate shipping method and the transport company at our reasonable discretion. If the customer is a consumer, we shall bear the shipping risk.

6.2 We shall only be responsible for the timely and proper handover of the goods to the transport company and shall not be responsible for delays caused by the transport company. Any delivery time stated in the online store is therefore non-binding.

6.3 If the customer is a consumer, the risk of accidental destruction, accidental damage or accidental loss of the delivered goods passes to the customer at the time the goods are delivered to the customer or the customer is in default of acceptance. In all other cases, the risk passes to the customer upon delivery of the goods to the transport company.

6.4 The shipping costs are to be borne by the customer. They include the costs of a transport insurance policy taken out by us against the usual transport risks. The corresponding shipping costs will be indicated to the customer during the ordering process.

6.5 In the event of a revocation, the customer shall bear the regular costs of the return shipment if the goods delivered correspond to those ordered.

7. Retention of title

We retain title to the goods supplied by us until full payment of the invoice (including VAT and shipping costs) for the goods in question.

8. Customer's duties on first handling of the Kwiggle
8.1 Unpacking and unfolding the Kwiggle:
The Kwiggle is fully assembled by qualified technicians. The pedals are removed for transportation. After receiving the package, the customer must first assemble the pedals as described in the user manual or by watching the videos on our website.
Before unfolding the Kwiggle, the customer must read, watch and follow the detailed instructions in the user manual and on the videos on our website for unfolding the Kwiggle.

8.2 Adjusting the saddle height of the Kwiggle:
We usually adjust the saddle height before shipping based on the information provided by the customer. If desired, the customer can use the information provided (in paper form) and the videos on our website www.kwigglebike.com and, if necessary, after using our telephone support, to adjust the Kwiggle to the most suitable saddle height for them.

8.3 Riding Kwiggle:
Riding Kwiggle is a new type of movement that must first be learned. The operating instructions contain detailed instructions on how to ride Kwiggle, as well as relevant warnings and safety information. Before the customer rides the Kwiggle for the first time, they must therefore read and follow all warnings and safety instructions, as well as the detailed instructions for riding the Kwiggle in the user manual. In addition, after receiving the Kwiggle, the customer should visit our website www.kwigglebike.com and watch the videos that guide them through their first ride on the Kwiggle.

9. Participation in on-site instructions

9.1 We offer customers various opportunities to learn how to use the Kwiggle on site with our guidance. This may include, for example, test drives and instruction.

9.2 During on-site instructions, the participant must be briefed in advance by the employee responsible on site and must follow the explanations.

9.3 The participant may not consume alcohol or drugs either before or during participation.

9.4 When driving the Kwiggle, always keep a sufficient distance from the other participants. It is not allowed to pull on the handlebars or lean back too far. Each participant is responsible for paying attention to the conditions of the ground. In particular, the customer must pay attention to obstacles such as stones, sticks, curbs, edges, potholes and bumps and avoid them.

9.5 Participation is at the participant's own risk.
10. Service, Maintenance and Repairs
10.1 In order to use our service or repair services, the customer shall send us the Kwiggle.

10.2 If we identify a need for repair during the inspection or maintenance, we will carry out any repairs to the Kwiggle in consultation with the customer.

10.3 As soon as the customer receives their Kwiggle back from us, they must check it for any repair defects and notify us of these.

10.4 We provide a one-year warranty on the repair service and the newly installed components, beginning from the date of receipt of the Kwiggle by the customer.

11. Warranty and Right of Return
11.1 If the delivered goods have a defect, the customer can initially demand that we remedy the defect. We can also fulfill this obligation by sending the customer goods that are free of defects after the defective goods have been returned.

11.2 We may refuse the customer's chosen method of supplementary performance if it is only possible at disproportionate cost.

11.3 If the subsequent performance fails or is unreasonable for the customer or we refuse the subsequent performance, the customer is entitled, in each case in accordance with the applicable law, to withdraw from the purchase contract, to reduce the purchase price or to claim damages or compensation for his wasted expenses.

11.4 The statutory warranty period for the purchase of goods is two years from delivery.
11.5 The delivered goods are to be inspected by the customer immediately upon receipt for obvious material or manufacturing defects as well as for transport damage. In order for us to act accordingly and to be able to help as quickly as possible, the customer is obliged to inform us immediately of any errors and defects in the goods.
11.6 There is no right to claim under warranty if the defect arose in the following circumstances:
- the customer did not inspect the goods for defects upon receipt,
- the customer did not immediately report an obvious defect,
- the purchased item has been improperly handled (cracks, radical maneuvers, running over obstacles, accidents),
- the purchased item has not been used as intended, in particular if the customer has not observed the warnings and safety instructions in the operating instructions,
- the purchased item has been modified in a manner not approved by the manufacturer,
- the customer has not followed the instructions for the treatment, maintenance and care of the purchased item.

11.7 Wear is excluded from the warranty.

12. Right of withdrawal or return policy

12.1 Consumers whose usual place of residence is in a member state of the European Union (EU) or the European Economic Area (EEA) are entitled to a revocation.

12.2 Further information on the right of withdrawal within the EU can be found in the instructions on withdrawal.

12.3 Customers outside the EU/EEA: A 30-day return policy applies. Further information on the return policy can be found in the document
“Return Policy for Non-EU Customers”.

13. Liability

13.1 Our liability for negligence (except gross negligence) in the event of a delay in delivery is limited to an amount of 10% of the respective purchase price (including VAT).

13.2 We shall not be liable, regardless of the legal reason, for damages that are not typically to be expected given the nature of the respective order and the goods and when the goods are used as intended. The above limitations of liability shall not apply in the event of willful misconduct or gross negligence.

13.3 Claims for damages by the customer due to obvious material defects in the delivered goods are excluded if the customer does not notify us of the defect within a period of two weeks after delivery of the goods.

13.4 The limitations of this clause 13 do not apply to our liability for injury to life, limb or health or under the Product Liability Act.

14. Data protection

Our separate data protection declaration applies, which can be found on our website at www.kwigglebike.com/datenschutzerklaerung.

15. Final provisions

15.1 The contract of sale between us and the customer is subject to the laws of the Federal Republic of Germany, excluding the UN Sales Convention, subject to mandatory international private law provisions.

For consumers and for other persons whose habitual residence or domicile is in a member state of the European Union (EU) or the European Economic Area (EEA) at the time of the conclusion of the contract, German law shall apply to the exclusion of the UN Sales Convention.
For consumers whose usual place of residence is in a country that is not part of the EU or the EEA, German law shall apply under exclusion of the UN Sales Convention and under exclusion of German consumer protection law.
Regardless of this choice of law, consumers shall always be subject to the mandatory consumer protection law of the country in which they usually reside at the time of the conclusion of the contract.

15.2 Should any provision of these terms and conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.