Conditions and Information of Cancellation Rights

General Terms and Conditions and Information of Cancellation Rights

By Profirad AG Owner Benjamin Nocke, Heinrich-Nordhoff-Str. 11-13, 34225 Baunatal, Germany

The following General Terms and Conditions are written in English and can be downloaded by the customer. If desired, the General Terms and Conditions can be asked for in digital or written form. To do so, please use our e-mail address info@profirad.de. In addition to that the General Terms and Conditions are handed to the customer with delivery of the products. The owner’s address can be taken from each bill as well as from IMPRINT on the right side of our home page.

IMPRINT

on the right side of our home page.

PREAMBLE

Our Online Shop provides you with everything concerning bikes. Listed prices on our web page are precisely valid for internet orders done in our online shop on Profirad.de (called &quout;Profirad AG&quout; in the following).

1. Coverage

For purchase contracts and orders on Profirad AG only the General Terms and Conditions in the present form at the time of the order are valid. Differing rules are invalid. Rules other than mentioned are only valid with explicit, written acknowledgement by Profirad AG.

2. Product choice and technical order transaction

The customer has the possibility to click on the products collected on our website and listed under a certain product group or other and to accumulate them in a virtual shopping cart. These items can be deleted if necessary. If the customer decides to order, he can start the ordering process in the virtual shopping cart and go through the process. After entering all necessary data for ordering, the customer can start the actual ordering process and receives a list of the ordered items, their total prices including sales tax which is shown specifically. Incidental shipping and mailing expenses ( § 5 General Terms and Conditions, shipping and mailing expenses) are also listed.

Before finally sending the order, the customer has the opportunity to check its correctness especially on price and number and to possibly add, delete or correct it.

3. Conclusion of the Contract

Offers on the web page Profirad.de are subject to change and demonstrate a noncommittal invitation to the customer to order at our online shop. Therefore Profirad.de is in case of unavailability despites order by the customer not bound to performance. With ordering, the customer gives a committal offer for a purchase contract. A conclusion of the contract and a committal bounding of Profirad.de is only valid, if Profirad AG confirms the order in written form or delivers the order. Both is seen as acceptance of the offer of a purchase contract, stated by the customers order. The acceptance can be declared in a time frame of 7 calendar days.

After receiving the customer’s order, Profirad AG is going to confirm the order’s reception immediately. The confirmation is not a committal acceptance of the contract. The confirmation can be combined with the acceptance, but there has to be a distinct notice by Profirad AG. Profirad AG is authorized to deliver a product, equal in price and quality to the ordered item, if the customer gave its acceptance to this on the ordering form.

4. Performance and Delivery Liability

With closing the contract, a certain delivery deadline is not agreed on, as long as no other regulation was agreed on. In general the delivery takes between 2-6 working days. After the customer has put his order and the contract was closed, delivery of the goods shall depend on correct and punctual supply to ourselves. If the delivery is dependent on a supplier (hedging transaction), and the delivery fails because of reasons which are not Profirad AG’s responsibility, we are aloud to cancel the contract. The customer doesn’t have a right for compensation in this case. In case of cancellation because of unavailability, the customer is informed immediately and his expenses are refunded.

If Profirad AG is not able to deliver the order out of the above mentioned reasons, for longer than 3 weeks after closing the contract, the customer has the right to cancel the contract (independent from its right of cancellation, see 5) without right of compensation. Expenses of the customer are refunded immediately.

All mentioned prices are total prices including sales tax. Despites biggest care and attention, there might happen some failures. Therefore we reserve the right to cancel delivery, if failures like unwarranted price and product changes, as well as delivery failures by our suppliers occur.

5. Revocation Rights

In the following, the customer is advised of his revocation rights and its effects.

Revocation Right

You are allowed to revoke your contract declaration in 2 weeks without mentioning the reasons for your cancellation in written form (e.g. letter, fax, e-mail) or by sending back your order. This deadline starts earliest with receiving this declaration. For keeping the deadline, it is enough to send back the order or your written declaration in time. Please send your revocation to:

Name/Company: Profirad AG, Owner Mr Benjamin Nocke, Address: Heinrich-Nordhoff-Str. 11-13, 34225 Baunatal, Germany Tel-No.: 07 00 - 77 63 47 23 ( € 0,12 per minute, landline ), Telefax-No.: 07 00 - 11 10 00 77, E-Mail-Address: info@Profirad.de

You are advised that this right is not valid I contracts with custom made products, and products which are especially tailored for the demands of the customer or are not suitable for cancellation due to their character, which may perish or reach the expiry date very quickly . It is also not valid for delivery of audio or video reports or software, if the data medium was unsealed by its recipient, for newspapers or magazines and for bet and lottery items.

Revocation Effects

In case of a valid cancellation, received performance has to be refunded and possibly received advantage (e.g. interests) have to be returned. If you can’t return the received performance partly or fully, or only in decreased quality, you have to pay compensation for the value of it. This is not valid for products, if the decreased quality is only based on checking the product on its performance, which you could have done equally in a store. Basically you can avoid compensation for the loss of the products value, if you don’t use it as an owner, and avoids everything which decreases the product’s value. Items which can be transported in a parcel must be sent back. Returns from ware delivery, where the price is up to 40 € have to be paid by you, if delivered product equals the ordered one. In any other case, the return of the goods is free of charge for you. Items, not suitable for parcel delivery are picked at your place.

6. Prices

The valid prices are the prices listed at the time of the ordering, the way they were shown on the web page of profirad.de.

The prices are understood from location of Profirad.de including sales tax without shipping or mailing costs (see 7, shipping and mailing costs).

7. Handling of Orders/Transaction of Contract

Handling of Orders

As a general rule, orders are handled in 48 hours. After 7 days latest, the customer is informed if the items are not available, and the customers order therefore has to be rejected.

Delivery

If the ordered products are available, they are generally delivered in 2-6 work days after Profirad AG received the order, without being committal deadlines.

Shipping and Mailing Costs

For shipping (shipping including package costs) the following prices are charged:

Prepayment (Germany) Shipping with DHL, Shipping Costs: 5,90 €
Credit Card (Germany), Shipping with DHL, Shipping Costs: 5,90 €
Debit Advice (Germany), Shipping with DHL, Shipping Costs: 5,90 €
Cash on Delivery (Deutschland), Shipping with DHL, Shipping Costs: 10,90 €
Prepayment (Europe incl. Switzerland), Shipping with DHL, Shipping Costs: 13,90 €
Credit Card (Europe incl. Switzerland), Shipping with DHL, Shipping Costs: 13,90 €
Cash on Delivery (Europe incl. Switzerland), Shipping with DHL, Shipping Costs: 18,90 €
Prepayment (Worldwide, all other countries), Shipping with DHL, Shipping Costs: 38,00 €
Credit Card (Worldwide, all other countries), Shipping with DHL, Shipping Costs: 38,00 €
Cash on Delivery (Worldwide, all other countries), Shipping with DHL, Shipping Costs: 43,00 €

From a price of 300 € we pay the delivery for you (only in Germany).

8. Conditions of Payment

Profirad AG is issuing a bill for the customer’s order, which is handed over to him with delivery of the ordered goods. Profirad AG delivers via prepayment or cash on delivery. Profirad AG has the right, to ask for prepayment or securities for an order, if circumstances emerge after closing of the contract, which make it likely that the pecuniary claim towards the customer is in danger. This is especially the case, if the customer already gave a statutory declaration in the last three years, or already was in default of payment with Profirad AG.

Furthermore, Profirad AG reserves the right in single cases, to only close a contract with prepayment and not to accept an order otherwise. An individual agreement is necessary, which stands over the General Rules and Agreements.

Prices on bills are always end prices including sales tax.

9. Contractual Exclusion of Setoff and Right of Retention

The customer doesn’t have the right to offset with own claims against payment claims by Profirad AG, except the customer’s claims against Profirad AG are undisputed or absolute.

The customer has the right to counter payment claims by Profirad AG – also in case of defects-, despites they result from the same contract.

10. Reservation of Proprietary Rights

The delivered goods remain in the proprietary of Profirad AG and its owner Benjamin Nocke (only Profirad AG in the following) until payment is completed. The customer does not have the right to dispose over the conditional goods, to pawn, to assign for security, to assimilate or recast, if proprietorship wasn’t handed over yet. If the conditional proprietorship of the delivered goods is invalid because of use and assimilation of the conditional goods (e.g. by connection with other goods), the customers already assigns the co-ownership of the via connection originated object to Profirad AG. The disposal is replaced as the customer helds the newly originated object under lock and key free of charge.

If third parties claim rights concerning the conditional goods, e.g. in case of distraint, the customer hast to mention Profirad AG’s proprietorship and immediately give notice to Profirad AG.

11. Guarantee and Liability

In case of defect of a delivered good, the customer has the choice, if the supplementary performance should happen in form of remedy or replacement. Profirad AG hs the right to refuse the form of the demanded supplementary performance if it is only possible with disproportional costs and another form of supplementary performance remains without disadvantage for the customer.

If remedy or replacement fail after an adequate period, the customer has the choice to ask for lowering the sales price, for withdrawal from the contract or compensation.

If the customer’s claim was right less, also for the customer easily noticeable right less, Profirad AG has the right to ask for shipping and testing costs of 20 € from the customer.
The customer reserves the confirmation of a lower effort, Profirad AG reserves the confirmation of a higher effort. There are no guarantees given to the customer. Producer warranties remain untouched.

12. Limitation of Liability

A liability of compensation for easily negligent actions by Profirad.de is excluded, which is also valid for easily negligent breach of duties of mail order helps.

This limitation of liability is not valid with infraction of life, body and health as well as infraction of contract essential duties. This is the same case with an existing guarantee or if the breach of duty is based on gross negligence, intention or deceitfulness by Profirad AG or an auxiliary person. Equally the clauses of the product liability act remain untouched.

13. Guarantee and Lapse of Time Limits

The guarantee period is two years, after delivery of goods. In case of used goods, the period is 1 year after delivery of goods.

14. Privacy

Profirad AG is going to attend all necessary privacy laws, especially restrictions of the teleservice privacy laws. All data entered by customers are going to be treated confidential. Data necessary for conclusion of the contract ( § 33 BDSG) are going to be saved, and online passed on for the order necessary reasons, e.g. for suppliers.

15. Final Clauses

Contract language is solely German, this is also valid for orders from abroad, if not agreed on differently.

If one clause of the conditions becomes invalid, the other conditions remain valid. The invalid clause is going to be replaced with a legal clause.

Kassel is exclusive court of jurisdiction, if the customer is general merchant or doesn’t have a general court of jurisdiction in the country.

Exclusively German law is valid with elimination of UN- Sales Law. AGB - 28.11.2003

Revocation Right Information

You can revoke your contract declaration during a period of two weeks without giving reasons, in written form (e.g. letter, fax, mail) or by sending back the delivered goods. The period starts earliest with receiving this information. For keeping the revocation period, it is enough to send the revocation or goods in time. Please send your revocation to:

Name/Company: Profirad AG, Owner Mr Benjamin Nocke
Address: Heinrich-Nordhoff-Str. 11-13, 34225 Baunatal, Germany
Phone.: +49 (0)7 00 - 77 63 47 23
Fax.: +49 (0) 56 01 - 92 98 59
E-Mail-Address: info@Profirad.de
Internet: www.Profirad.de

You are advised that the revocation right is not valid for contracts, - for the delivery of goods which are custom made - which are explicitly made for the needs of a customer - which are because of their character not made for return or can expire quickly - which are for video and audio records or software, and the seal was broken by the customer - magazines, illustrates or newspaper - bet or lottery devices

Cancellation Effects

In case of a valid cancellation, received performance has to be refunded and possibly received advantage (e.g. interests) have to be returned. If you can’t return the received performance partly or fully, or only in decreased quality, you have to pay compensation for the value of it. This is not valid for products, if the decreased quality is only based on checking the product on its performance, which you could have done equally in a store. Basically you can avoid compensation for the loss of the products value, if you don’t use it as an owner, and avoids everything which decreases the product’s value. Items which can be transported in a parcel must be sent back. Returns from ware delivery, where the price is up to 40 € have to be paid by you, if delivered product equals the ordered one. In any other case, the return of the goods is free of charge for you. Items, not suitable for parcel delivery are picked at your place.

End of Revocation Information

Bycicles, Accesories, Parts, Bikes, all in one - Profirad AG
Heinrich-Nordhoff-Str. 11-13, 34225 Baunatal, Germany
Tel. 07 00 - 77 63 47 23 ( € 0,12 per minute, landline )

Data Protection and Data Integrity

The topics data protection and data safety enjoy highest priority at Profirad AG. All information given to us from you –especially personal data- is treated confidential, not given to third parties and protected from unauthorized use by third parties. Your personal data is only used for the purposes for which they were given to us and which you allowed us to use them.

The transmission of your data is encoded and done with latest security technologies. Therefore we use a 128-Bit-Encoding in the internet, based on a SSL-Protocol. Until today there are no ways known to decode this encoding.

You can recognize a data transmission via a safe and encoded internet connection when the internet address (URL) in your browser window changes from http:// to https:// . Additionally the lock symbol is a sign for a safe and encoded internet connection and data transmission.