General Terms and Conditions
for the online shop at the URL
operated by
Pike Brothers GmbH
Johann-Flitsch-Straße 12
83075 Bad Feilnbach
E-mail: info@pikebrothers.com
Telephone: 080649065212
- hereinafter referred to as: Provider -
1. Scope of Application
These General Terms and Conditions (GTC) shall apply, once incorporated, to all contracts for the purchase of goods, services or other products (hereinafter referred to as “Goods”) concluded via the online shop at the above-mentioned URL in the version valid at the time of conclusion of the contract. These GTC shall apply exclusively. Any differing terms and conditions of the customer shall not become part of the contract unless expressly agreed to by the Provider.
2. Conclusion of Contract
2.1 The offers presented in the online shop constitute a non-binding invitation by the Provider to visitors of the online shop to submit an offer to purchase the Goods offered in the shop.
2.2 Orders for Goods are placed via the Provider's online order form. After selecting the desired Goods, entering all mandatory information requested and completing all other required steps of the ordering process, the selected Goods can be ordered by clicking the order button at the end of the checkout page (Order). By placing the Order, the customer submits a binding offer to purchase the selected Goods. The contract is concluded when the Provider accepts the customer's offer. Acceptance occurs when the Provider confirms the conclusion of the contract in writing or text form (e.g. by e-mail) and the confirmation reaches the customer, or by delivering the ordered Goods and the Goods reach the customer, or by requesting payment from the customer and the payment request reaches the customer. The relevant time of contract conclusion shall be the time at which one of the aforementioned alternatives first occurs.
2.3 Prior to submitting a binding Order, the customer may review and correct all entries at any time using the usual keyboard, mouse, touch screen or other available input functions.
2.4 The Provider shall store the contract text after conclusion of the contract and transmit it to the customer in text form (e.g. by e-mail). The Provider shall not make the contract text available beyond this. If the purchase is made through a customer account, the customer may view orders and related order data within the customer account.
2.5 The following languages are available for the conclusion of contracts: German, English, French.
3. Right of Withdrawal for Consumers
Consumers generally have a statutory right of withdrawal for contracts concluded off-premises and for distance contracts. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. Details can be found in the withdrawal policy provided to every consumer no later than immediately before conclusion of the contract.
4. Payment, Default
4.1 The prices displayed in the online shop at the time of ordering shall apply. All prices include statutory VAT and any shipping costs indicated separately. The customer will be informed of the available payment methods in the Provider’s online shop.
4.2 If payment in advance is agreed, the purchase price shall be due immediately upon conclusion of the contract.
4.3 If payment by SEPA direct debit is agreed, payment shall be due immediately upon conclusion of the contract. Before the purchase price is debited, the customer will be informed when the agreed purchase price is expected to be collected (pre-notification). Collection shall not occur before receipt of the pre-notification and not before the date specified therein. If the direct debit fails due to insufficient funds, incorrect bank details or other reasons attributable to the customer, the customer shall bear any chargeback fees incurred.
4.4 If payment by credit or debit card is agreed, the purchase price shall be due immediately upon conclusion of the contract.
4.5 If payment via PayPal is agreed, payment shall be processed through PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.
4.6 If payment via Sofort is agreed, payment shall be processed through Sofort GmbH, Theresienhöhe 12, 80339 Munich, Germany.
4.7 If Apple Pay is selected, payment shall be processed through Apple Inc., Infinite Loop, Cupertino, CA 95014, USA.
4.8 If Google Pay is selected, payment shall be processed through Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.
4.9 If payment by American Express is selected, payment shall be processed through American Express Europe S.A., Theodor-Heuss-Allee 112, 60486 Frankfurt am Main, Germany.
4.10 If VISA is selected, payment shall be processed through Visa Europe Services Inc., London Branch, 1 Sheldon Square, London W2 6TT, United Kingdom.
4.11 If Giropay is agreed, payment shall be processed through paydirect GmbH, Stephanstr. 14-16, 60313 Frankfurt am Main, Germany.
5. Retention of Title
The purchased Goods shall remain the property of the Provider until full payment of the purchase price has been received.
6. Delivery and Reservation of Self-Supply
6.1 Unless otherwise agreed, delivery shall be made within the delivery period specified in the online shop to the delivery address provided by the customer.
6.2 Collection of purchased Goods by the customer is excluded.
6.3 If the Provider is unable to deliver the ordered Goods because the Provider has not been supplied by its own supplier through no fault of its own despite having concluded a corresponding covering transaction with a reliable supplier in due time, the Provider shall be released from its obligation to perform and may withdraw from the contract. The Provider shall inform the customer without undue delay of the unavailability of the Goods. Any consideration already provided by the customer shall be reimbursed without undue delay.
7. Warranty
The statutory warranty provisions shall apply.
8. Liability and Indemnification
8.1 The Provider shall have unlimited liability:
- for damages resulting from injury to life, body or health caused by intentional or negligent breach of duty;
- for damages caused by intentional or grossly negligent breach of duty;
- under a guarantee, unless otherwise agreed;
- under mandatory statutory liability provisions.
8.2 If the Provider negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract.
8.3 Any further liability of the Provider, its agents and legal representatives is excluded.
8.4 The customer shall indemnify the Provider against any third-party claims, including reasonable legal defence costs, arising from unlawful or contractual conduct attributable to the customer.
9. Data Protection
The Provider shall process personal data confidentially and in accordance with applicable data protection laws. Further information can be found in the Provider's Privacy Policy.
10. Final Provisions
10.1 The laws of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG), unless such choice of law would deprive a consumer habitually resident in the EU of mandatory consumer protection provisions of their country of residence.
10.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the courts at the Provider’s registered office shall have jurisdiction.
10.3 Should any provision of these GTC be invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.
11. Information on Online Dispute Resolution / Consumer Arbitration
The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
The Provider’s e-mail address can be found in the heading of these GTC.