Terms of service

General Terms and Conditions
of SUSHI Mobility GmbH

§ 1 General / Scope
  1. These General Terms and Conditions (hereinafter "GTC") apply to all business relationships between SUSHI Mobility GmbH (hereinafter "we", "us") and its customers (hereinafter "you", "you") in the the version applicable at the time the contract was concluded.
  2. Orders for goods or services (hereinafter "products") are regularly placed via our online shop www.sushi-bikes.com. Our contact details can be found in the imprint.
  3. Customers according to § 1 paragraph 1 are both consumers and entrepreneurs. According to Section 13 of the German Civil Code, a consumer is any natural person who places an order for purposes that are predominantly neither commercial nor self-employed. According to § 14 BGB, an entrepreneur is a natural or legal person or partnership with legal capacity who orders for commercial, self-employed or freelance purposes.
  4. We do not accept any deviating terms and conditions from you. This also applies if we do not expressly object to the inclusion.
§ 2 Conclusion of contract
  1. The presentation of the products in our online shop does not constitute a legally binding offer, but rather an invitation to place an order (invitatio ad offerendum).
  2. You must be at least 18 years old to place an order. You can select the products in our online shop for purchase by initially placing them in the shopping cart without obligation by clicking on the corresponding button. If you want to complete the order, go to the shopping cart, where you will be guided through the rest of the ordering process. After selecting the product in the shopping cart and entering all the necessary order and address data in the next step, clicking on the "Next" button opens a page on which the essential product details, including the costs incurred, are summarized again. Up to this point in time, you can correct your details or withdraw from the contract declaration. A binding offer to conclude a contract with us is only made when you click on the "Pay now" button.
  3. We will then send you an order confirmation by e-mail in which your order is listed again. The order confirmation represents the acceptance of the order, so that a contract is concluded when you receive the order confirmation.
  4. Order processing and contact is usually made electronically via email and automated order processing. You must ensure that the e-mail address you provide for order processing is correct so that the e-mails sent by us can be received at this address. In particular, when using "spam" filters, you must ensure that all e-mails sent by us or by third parties commissioned by us to process the order can be delivered.
§ 3 Prices and Terms of Payment
  1. Orders are subject to the prices listed for the products at the time the order is placed. Unless otherwise stated in our product description, the prices quoted are total prices including statutory sales tax. Any additional delivery and shipping costs are listed and calculated separately.
  2. The full invoice amount of the order is always due immediately at the time the contract is concluded.
  3. In the case of deliveries to countries outside the European Union, additional costs may arise in individual cases for which we are not responsible and which you must bear. These include, for example, costs for money transfers by banks (e.g. transfer fees, exchange rate fees). Such costs can also arise in relation to the transfer of money if the delivery is not made to a country outside the European Union, but you make the payment from a country outside the EU. This does not apply to import duties such as taxes or customs duties.
  4. You are only entitled to set off if your counterclaims are undisputed or have been legally established. You are only entitled to assert rights of retention on the basis of counterclaims from the same contractual relationship.
§ 4 payment options
You will be informed of the payment options in our online shop. The offer of the respective payment options may change under certain circumstances. However, the following payment options are usually available to you:

a. CREDIT CARD (VISA, MASTERCARD, AMERICAN EXPRESS)

When you place your order, you send us your credit card details at the same time. After your legitimation as the legitimate cardholder, we request the credit card company to initiate the payment transaction immediately after the order. The payment transaction is carried out automatically by the credit card company and debits your card.

b. IMMEDIATELY

If you select the "SOFORT" payment method, the payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", you must have an activated online banking account for participation in "SOFORT", identify yourself accordingly during the payment process and confirm the payment order to "SOFORT". The payment transaction will be carried out immediately afterwards by "SOFORT" and your bank account will be debited. You can find more information about the "SOFORT" payment method on the Internet at https://www.klarna.com/sofort/.

c. CLEAR

If you select a payment method offered via the "Klarna" payment service, the payment will be processed by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and Klarna's terms and conditions can be found in our payment information, which can be viewed at the following Internet address: https://b2b.nayla.me/pages/zahlen-via-klarnad.

d. SHOPIFY PAYMENTS

If you select a payment method offered via the "Shopify Payments" payment service, the payment will be processed by the payment service provider Shopify International Limited, Victoria Buildings, 2nd floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (hereinafter "Shopify" ). You will be informed of the individual payment methods offered via Shopify in our online shop. To process payments, Shopify may use other payment services for which special payment terms may apply, to which you may be referred separately. Further information about Shopify Payments is available online at https://www.shopify.de/payments.

e. APPLE PAY & GOOGLE PAY

When using Apple Pay, Google Pay or Amazon Pay, payment is processed by the respective provider. You can find more information on the relevant websites:
Apple Pay: https://www.apple.com/de/apple-pay/
Google Pay: https://pay.google.com/intl/de_de /about/

f.PAYMENT

If advance payment by bank transfer has been agreed (only in exceptional cases), payment is due immediately upon receipt of the invoice, unless we have agreed a later due date with you. The bank details for a manual bank transfer are as follows:Account holder: SUSHI Mobility GmbHIBAN: DE92 7019 0000 0002 9082 04
BIC: GENODEF1M01
Bank: Münchner Bank eG

§ 5 Redeeming promotional vouchers
  1. Vouchers that we issue free of charge as part of promotions with a specific period of validity and that you cannot purchase (hereinafter "promotional vouchers") can only be redeemed in our online shop and only in the specified period.
  2. Promotional vouchers can only be redeemed by you.
  3. Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.
  4. Action vouchers can only be redeemed before completing the ordering process. Subsequent settlement is not possible.
  5. Only one promotional voucher can be redeemed per order.
  6. The value of the goods must be at least the amount of the promotional voucher. Any remaining credit will not be refunded by us.
  7. If the value of the promotional voucher is not sufficient to cover the order, you can choose one of the other payment methods we offer to pay the difference.
  8. The balance of a promotional voucher is neither paid out in cash nor does it earn interest.
  9. The campaign voucher will not be refunded if you return the product that you paid for in whole or in part with the campaign voucher within the scope of your statutory right of withdrawal as a consumer.
§ 6 Redeeming gift vouchers
  1. Vouchers that can be purchased through our online shop (hereinafter "gift vouchers") can only be redeemed in our online shop, unless otherwise stated in the voucher.
  2. Gift vouchers and remaining credit on gift vouchers can be redeemed within three years. The period begins at the beginning of the year following the purchase of the voucher.
  3. Gift vouchers can only be redeemed before completing the ordering process. Subsequent settlement is not possible.
  4. Only one gift voucher can be redeemed per order.
  5. Gift vouchers can only be used to purchase products and cannot be used to purchase additional gift vouchers.
  6. If the value of the gift voucher is not sufficient to cover the order, you can choose one of the other payment methods we offer to pay the difference.
  7. The balance of a gift voucher is neither paid out in cash nor does it earn interest. If you return the product that you paid for in full or in part with the gift voucher within the scope of your statutory right of withdrawal as a consumer, you will receive your gift voucher back with the same credit as before.
§ 7 Terms of Delivery
  1. The delivery time of the individual products is indicated on the respective product pages in our online shop. The dates and deadlines stated there are fundamentally non-binding, are to be understood as approximate deadlines and are subject to timely delivery to ourselves, unless otherwise expressly agreed in writing.
  2. Delivery takes place within the delivery areas specified by us. These are located in Germany, Austria and Switzerland. Delivery will be made to the delivery address specified by you. Unless otherwise agreed, the delivery address specified in the order processing is decisive.Packstations
  3. are excluded from this
  4. If delivery or shipping costs are incurred, they will be listed and calculated separately as described in § 3 paragraph 1.
  5. We are entitled to make partial deliveries and partial services. We shall bear the costs incurred in this connection.
  6. If the delivery of the products fails for reasons for which you are responsible, you shall bear the reasonable costs incurred by us as a result. With regard to the costs for the delivery, this does not apply if you, as a consumer, effectively exercise your right of withdrawal. If you as a consumer exercise your right of withdrawal after delivery of the products, you have to bear the costs for the return shipment yourself.
  7. Should the products not be available due to force majeure or product discontinuation, or should we not be able to procure the ordered products under reasonable conditions and should these circumstances only occur after the conclusion of the contract and should we not be responsible for them, then we shall be released from the delivery obligation. If events occur that make delivery significantly more difficult or impossible for us - such as pandemics, disrupted supply chains, strikes, lockouts, official orders or the like - we are not responsible for delays, even in the case of binding deadlines and dates.
  8. It is not possible to collect the products from our business location.
  9. You are asked to check the products received for completeness within seven days. If items from the order are missing, please report this to us immediately. In this case you will receive a free subsequent delivery.
§ 8 Transport damage
  1. If you are a consumer and you notice obvious transport damage when your products are delivered, we ask you to complain about such errors as directly as possible to the delivery agent and to contact us as soon as possible.
    Failure to make this complaint or the Contacting us has no consequences for your legal claims and their enforcement, in particular warranty rights.
  2. As an entrepreneur, you are obliged to properly fulfill the inspection and notification obligations under § 377 HGB.
§ 9 Assembly of our SUSHI BIKES
  1. Our SUSHI BIKES come pre-assembled, with the exception of the handlebars, front wheel, seat post and pedals. All tools needed for assembly are included in the packaging. You can find the assembly instructions on our website. The assembly of the handlebars and pedals is your responsibility and must be carried out as described in the assembly instructions after the SUSHI BIKE has been delivered to you.
  2. You are fully responsible for your SUSHI BIKE after it has come into your possession and for the final assembly phase. You are responsible for assessing your ability to complete the assembly of the handlebars, front wheel, seat post and pedals. If necessary, contact a professional bicycle repair shop to perform the assembly at your own expense.
§ 10 retention of title and risk
  1. Towards you as a consumer, we reserve title to the delivered products until the purchase price owed has been paid in full. Ownership passes to you once the products are delivered to you. This also applies if a storage permit has been given or the delivery is to be made to a third party named by you as a consumer. We assume no liability in the event of an unforeseeable loss.
  2. Towards you as an entrepreneur, we reserve title to the delivered products until all claims from an ongoing business relationship have been settled in full. However, you are entitled to resell the products subject to retention of title in the ordinary course of business. In this case, you assign all claims from such a resale to us, regardless of whether this takes place before or after any processing of the products delivered under retention of title. Irrespective of our authority to collect the claim yourself, you remain authorized to collect the claim even after the assignment. In this context, we undertake not to collect the claim as long as and to the extent that you meet your payment obligations, no application for the opening of insolvency or similar proceedings has been filed and no payments have been suspended.
  3. Once the Products have been delivered to you or to another person nominated by you, the risk and responsibility for them rests solely with you.
  4. You bear full responsibility for any intentional or unintentional changes to the product characteristics or motor settings of the SUSHI BIKES, including those that affect the maximum speed or performance of the SUSHI BIKES.
  5. The SUSHI BIKES comply with the provisions of the German Road Traffic Licensing Regulations if the parts included in the scope of delivery are properly assembled or pre-assembled parts are not changed or removed, provided that this is stated on the respective product page in the online shop. You are responsible for using the SUSHI BIKE according to the legal traffic regulations in your country. Legal regulations on road safety (e.g. road traffic licensing regulations) and traffic rules vary from country to country. So before using the product, make sure that the traffic-specific rules in your country are observed.
§ 11 Right of cancellation and cancellation policy
  1. If you order from us as a consumer, you have a right of withdrawal in accordance with the statutory provisions.
  2. If you, as a consumer, make use of your right of withdrawal according to Section 1, you have to bear the regular costs of the return.
  3. Otherwise, the regulations that are set out in detail in the following
    apply to the right of withdrawal

    Revocation instructions
    Right of withdrawal & fvoluntary right of return (satisfaction guarantee)

    Without prejudice to your statutory rights, we grant you a voluntary 30-day right of return.

    In the case of a contract of sale, from the day on which you or a third party designated by you, who is not the carrier, took possession of the products.
    In the case of a contract for several products, the ordered in a single order and which are delivered separately from the day you or a third party designated by you, who is not the carrier, takes possession of the last product.

    In order to exercise the right of withdrawal, you as a consumer must: to us (SUSHI Mobility GmbH, Hofmannstraße 7B, 81379 Munich, hello@sushi-bikes.com) by means of a clear statement (e.g. a letter sent by post, or e-mail) about the decision to withdraw from this contract. To meet the cancellation deadline, it is sufficient to send the communication regarding the exercise of the right of cancellation before the cancellation period has expired.


    Consequences of revocation
    If you, as a consumer, have withdrawn from the contract, we will owe you all payments we have received from you, including delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than ours have chosen the cheapest standard delivery offered), immediately and at the latest within fourteen days from the day on which we received notification of the cancellation of the contract. The same means of payment that was used in the original transaction will be used for this repayment unless expressly agreed otherwise; Under no circumstances will fees be charged for this repayment. We can refuse the repayment until we have received the products back.

    As a consumer, you have the products immediately and in any case no later than fourteen days from the day on which you informed us of the cancellation of this contract to return or hand over to the following address

    LOGSTA Germany GmbH
    ℅ SUSHI Mobility GmbH
    Bachstraße 2
    85406 Zolling

    . The deadline is met if the products are sent before the period of fourteen days has expired. As a consumer, you only have to pay for any loss in value of the products if this loss in value is not due to an examination of the nature, properties and functionality of the products Handling is due to you. According to § 7 paragraph 4 sentence 3 you as a consumer have to bear the costs for the return yourself if you have exercised your right of withdrawal.

    - End of cancellation policy -

  4. General information for returns

a. As a consumer, you have to avoid damaging and contaminating the products. The products must be returned in their original packaging, including all accessories and packaging components. If you are no longer in possession of the original packaging, it must be returned in protective outer packaging.

b. If the products are returned to us unfree of damage and contamination, we reserve the right to pass on the costs incurred to you.

c. Please note that the above paragraphs a-b are not a prerequisite for the effective exercise of the right of withdrawal.

§ 12 Statutory liability for defects
  1. Unless otherwise specified below, the general statutory provisions on liability for defects apply.
  2. For consumers, the limitation period for statutory claims for defects is two years and begins with the delivery of the products.
  3. For entrepreneurs, the limitation period for warranty claims for the delivered products - except in the case of claims for damages - is twelve months from receipt of the products.
  4. If you are an entrepreneur, we can either repair the goods or deliver a replacement if we are notified in good time that the goods are defective.
  5. The warranty is excluded for defects caused by you. This is particularly the case in the event of improper handling, incorrect operation or unauthorized repair attempts.
  6. The warranty period for used products is one year. Warranty claims therefore only exist for defects that occur within one year of delivery of the products.
  7. Any claims should be addressed to us directly. You are asked to use the complaint form. Repairs that have already been carried out, including the replacement of spare parts, cannot be claimed retrospectively.
  8. As an entrepreneur, you must properly fulfill all inspection and notification obligations under § 377 HGB for any warranty rights
§ 13 Voluntary guarantee of the provider
  1. We grant you a voluntary dealer guarantee.
  2. The guarantee conditions are also made available on the following website and can be viewed there permanently: www.sushi-bikes.com/pages/garantie
  3. In addition to the voluntary dealer guarantee, the statutory warranty claims in accordance with Section 12 of these General Terms and Conditions remain unaffected.
§ 14 Liability
  1. We have unlimited liability if the cause of the damage is based on an intentional or grossly negligent breach of duty by us or our legal representatives or vicarious agents.
  2. Furthermore, we are liable for the slightly negligent breach of essential obligations. Obligations are essential, the violation of which jeopardizes the achievement of the purpose of the contract or the fulfillment of which is essential for the proper execution of the contract and on the observance of which you regularly trust. In this case, however, we are only liable for the foreseeable, contract-typical damage. We are not liable for the slightly negligent breach of obligations other than those specified in the preceding sentences.
  3. The above limitations of liability do not apply in the event of injury to life, limb or health, for a defect after the assumption of a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
  4. Insofar as our liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
  5. Given the current state of the art, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. In this respect, we are not liable for the constant and uninterrupted availability of our online shop.
§ 15 Out-of-court online dispute resolution
  1. The European Commission provides a platform for out-of-court online dispute resolution (OS), which you can find under the link to the European Commission's platform: https://ec.europa.eu/consumers/odr/
  2. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
§ 16 Copyright

We have copyrights and/or rights of use to all images, films and texts published in our online shop. Use of the images, films and texts is not permitted without our express consent.

§ 17 Applicable law

The law of the Federal Republic of Germany applies to all legal relationships between you and us, excluding the laws on the international purchase of movable goods. If you placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in sentence 1.

§ 18 Final Provisions
  1. We reserve the right to make changes to our website, policies, terms and conditions including these Terms and Conditions at any time.
  2. If you breach these T&Cs and we do nothing about it, we will still be entitled to exercise our rights on any other occasion where you breach these T&Cs.
  3. Should a provision of these General Terms and Conditions be ineffective, this shall not affect the validity of the remaining provisions.

General conditions
for a test drive at SUSHI Mobility GmbH

§ 1 Use of SUSHI BIKES
  1. The test ride should give the test rider the opportunity to evaluate the SUSHI BIKE in terms of function, riding characteristics, ease of use, possible uses etc - i. H. the usability – to get to know and thus to make a decision about the purchase of this bicycle.
  2. The test rider deposits his identity card with the SUSHI BIKES Ambassador for the duration of the ride.
  3. The test rider assures that his fitness to drive is free from drug, alcohol or illness-related restrictions that could affect the ride and that he is familiar with the operation of the type of bicycle used.
  4. The test rider undertakes to treat and operate the SUSHI BIKE carefully and properly and to observe the traffic regulations.
  5. In the event of damage or an accident involving the SUSHI BIKE made available to the test rider, the test rider undertakes to inform the SUSHI Ambassador immediately, if possible also directly from the scene of the accident, and, if possible, bring about a police investigation of the accident. If the police cannot record the accident, the test driver must prepare a detailed accident report at the scene of the accident. The immediate obligation to provide information also applies in the event of theft, other loss (e.g. confiscation) and a technical or other defect (e.g. breakdown) of the SUSHI BIKE.
§ 2 Return of the SUSHI BIKE

The test rider must return the SUSHI BIKE to the handover location in a clean condition at the end of the agreed period of use. If the agreed return time is exceeded, the test rider is liable for all damage incurred by SUSHI Mobility GmbH ("SUSHI BIKES") and the SUSHI Ambassador from the withholding of possession. In addition, SUSHI BIKES and the SUSHI Ambassador are entitled to demand reasonable compensation from the test rider for the period of withholding of the SUSHI BIKE beyond the time of return. Further claims for damages remain unaffected.

§ 3 Liability of the test driver
  1. The test rider is liable to SUSHI BIKES and the SUSHI Ambassador, subject to paragraph 2, for all culpably caused damage (including loss, loss and confiscation) that arise from the time of acceptance until the time of return.
  2. Notwithstanding paragraph 1, the test driver is only liable for damage caused by slight negligence if this has been agreed.
  3. There is no liability for damage due to normal wear and tear. Otherwise, liability is limited to damage that is not covered by an agreed bicycle insurance.
  4. The test rider indemnifies SUSHI BIKES and the SUSHI Ambassador against all claims arising from the violation of laws, ordinances or other regulations in connection with the use of the SUSHI BIKE. The same applies to claims by third parties due to accidents, insofar as and as long as the liability insurance of SUSHI BIKES or the SUSHI Ambassador does not cover the damage.
§ 4 Liability of SUSHI BIKES and the SUSHI Ambassador
  1. Any liability of SUSHI BIKES or the SUSHI Ambassador for breach of their contractual obligations is limited to intent and gross negligence.If SUSHI BIKES or the SUSHI Ambassador has to pay for damage caused by slight negligence due to legal provisions, SUSHI BIKES and the SUSHI Ambassador are liable to a limited extent: Liability only exists in the event of a breach of essential contractual obligations, such as those covered by the SUSHI BIKES test ride agreement or wants to impose on the SUSHI Ambassador according to its content and purpose or the fulfillment of which makes the proper execution of the test drive agreement possible in the first place and compliance with which the test driver regularly relies and may rely on. This liability is limited to the typical damage that was foreseeable at the time the contract was concluded.
  2. Insofar as the liability of SUSHI BIKES or the SUSHI Ambassador is excluded or limited, this also applies to the personal liability of the legal representatives, vicarious agents and employees of SUSHI BIKES and the SUSHI Ambassador.
  3. The liability limitations and exclusions in paragraphs 1 and 2 do not apply to claims that have arisen due to malicious behavior by SUSHI BIKES or the SUSHI Ambassador, as well as to liability for guaranteed characteristics, for claims under the Product Liability Act and for damages injury to life, body or health.
§ 5 Privacy Policy

The test rider hereby agrees that SUSHI BIKES stores his data (first and last name, location, mobile phone number and e-mail address) for the purpose of processing any purchase by the test rider and the associated billing sales partners of SUSHI BIKES and contact him for product information by phone or email, provided he has not objected. He is aware that he can revoke this consent at any time by sending an email to hello@sushi-bikes.com. All information on the collection, processing and use of personal data by SUSHI BIKES can be found in the Privacy Policy.

§ 6 Other
  1. The law of the Federal Republic of Germany applies to these General Terms and Conditions and the entire legal relationship between the test rider and SUSHI BIKES as well as the SUSHI Ambassador.
  2. Should a provision in these General Terms and Conditions or a provision within the framework of other agreements be or become invalid, this shall not affect the validity of all other provisions or agreements.

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