§ 1. General terms and conditions for orders of the bicycle lock I SHARE IT and accessories by commercial customers
- Purchase contract
- Warranty and liability
- Prices and terms of payment
- Reservations for the use of the I SHARE IT Online Shop
- Reservation of proprietary rights
- Return of goods
- Data storage
- Place of performance, jurisdiction and partial invalidity
§ 2. General terms and conditions for the use of the GPS online tracking service
- Registration/Conclusion of Contract
- Obligations, duties and rules of conduct of the user
- Data storage
- Place of performance, jurisdiction and partial invalidity
§ 1. General terms and conditions for orders of the bicycle lock I SHARE IT and accessories by commercial customers
The following terms and conditions apply to our offers, sales and deliveries. Deviating conditions, in particular purchasing conditions of the buyer, are only valid if they have been specifically agreed and confirmed by us in writing. These shall be deemed accepted at the latest upon receipt of the goods or services. They shall also apply to all future business relations without any further express agreement.
Unless otherwise agreed, the sale takes place exclusively via the I SHARE IT online store or the haveltec distribution team and it is prohibited for the buyer to offer products from the I SHARE IT online store for sale under his own or a third party’s name in his own or a third party’s online store or online marketplace (e.g.: Amazon). Excluded from this are pure online advertising presentations for the promotion of the stationary sales offer.
§ 1.1 Contract of sale
This purchase contract is binding for the Buyer upon its conclusion. For haveltec GmbH, it is binding upon its conclusion, unless it is revoked by haveltec GmbH within 10 days from the date of issue. Offers of haveltec GmbH are always subject to change. A contract shall only be concluded upon written order confirmation or upon delivery by haveltec GmbH. All subsidiary agreements or amendments shall require the written confirmation of haveltec GmbH in order to be effective.
§ 1.2 Delivery
Delivery will be made according to the agreed terms of payment or after full payment has been received on one of the accounts specified by haveltec GmbH or instructed payment service providers (bank account, PayPal account, etc.). If no payment could be received within 14 days after the date of the respective invoice, the order will be cancelled automatically.
haveltec GmbH is released from the obligation to deliver if the execution is unreasonably impeded or impossible due to force majeure, official orders, traffic and operational disruptions, lack of raw materials or any other circumstances. If, during the execution of the order, haveltec GmbH becomes aware of circumstances that give rise to doubts about the creditworthiness of the purchaser, then haveltec GmbH shall also be released from the obligation to deliver. If this case occurs, haveltec GmbH shall be obligated to deliver only if advance payments are made or sufficient security is provided. If the delivery is delayed due to the above mentioned events, the buyer is still obliged to accept the delivery.
The agreed delivery period shall not begin to run until all technical details, including the necessary queries, have been clarified. The agreed delivery period shall only be deemed to be a firm deal within the meaning of the German Civil Code (BGB) if a corresponding agreement has been expressly made. The agreed delivery period or delivery time shall not apply in the event of delays in delivery due to circumstances for which haveltec GmbH is not responsible. Such circumstances are e.g. force majeure, strikes, operational disturbances etc.. The purchaser is entitled to withdraw from the contract due to non-compliance with the delivery deadline only if the purchaser has granted haveltec GmbH a reasonable grace period in writing. A grace period of at least 8 weeks, calculated from the date of dispatch of the written notice of grace, shall be deemed reasonable. The buyer is obliged to accept the delivery immediately. If delivery is agreed from or around a certain date, the Buyer shall be obliged to accept the goods within 4 weeks of this date.
In the case of call-off orders, the ordered items must be accepted within 3 months – calculated from the call-off date.
§ 1.3 Shipping
Unless otherwise agreed, shipping is at the expense and risk of the buyer, even if the shipment is carried out with haveltec GmbH’s own vehicles.
For orders with a value of goods up to 300,00 € we reserve the right to charge a “minimum quantity surcharge” in the amount of 4,90 Euro. For each shipment we charge a shipping fee, which depends among other things on weight, size and place of delivery. The amount of the shipping fee due in each case can be found in your offer or in your shopping cart summary in the I SHARE IT online store The risk passes to the buyer as soon as the shipment has been handed over to the person performing the transport. If the shipment is delayed at the request of the Buyer, the risk shall pass to the Buyer upon notification of readiness for shipment. haveltec GmbH is entitled, but not obligated, to insure deliveries on behalf of and for the account of the customer.
§ 1.4 Warranty and Liability
The liability for material defects shall be 12 months, unless a direct sale to a consumer is involved. It presupposes that the defect was present at the time of transfer of risk. The buyer has to notify the defect immediately. The transmission of notices of defects to haveltec GmbH must be in writing. Otherwise, haveltec GmbH must be notified of obvious defects in writing without delay, at the latest, however, within one week after delivery. The defective delivery items shall be kept ready for inspection by haveltec GmbH in the condition in which they were at the time the defect was discovered.
Any violation of the above obligations shall exclude any warranty claims against haveltec GmbH. Furthermore, the purchaser is obligated to immediately inspect the shipment for transport damage upon arrival and to immediately notify haveltec GmbH of any property damage or loss by notifying the carrier or by providing an affidavit, which must be signed by two witnesses and by the customer. In the event of a justified notice of defect, haveltec GmbH shall be obligated to remedy the defect at its discretion. If haveltec GmbH does not fulfill this obligation within a reasonable period of time or if the rectification of defects fails despite repeated attempts, the customer is entitled to reduce the purchase price or to withdraw from the contract.
Further claims, in particular claims for expenses, compensation or damages due to defects or consequential damages, shall only exist within the scope of the provisions on limitations of liability. Replaced parts shall be returned to haveltec GmbH upon request. Any assumption of costs for postage and packaging by haveltec GmbH shall be made only after confirmation by haveltec GmbH. Shipments sent to haveltec GmbH freight collect will not be accepted. For the installation of parts or components the skill, care and expertise of a mechanic is assumed. Unauthorized reworking and improper handling will result in the loss of all claims for defects. Only in order to prevent disproportionate damage or in case of delay in remedying the defect by haveltec GmbH, the purchaser shall be entitled, after prior notification of haveltec GmbH, to remedy the defect and to demand reimbursement of the reasonable costs thereof. Wear and tear to an ordinary extent shall not result in warranty claims.
Recourse claims according to §§ 478, 479 BGB (German Civil Code) only exist if the claim by the consumer was justified and only to the legal extent, but not for goodwill arrangements not agreed upon with haveltec GmbH and presupposes the observance of own obligations of the person entitled to recourse, in particular observance of the obligations to give notice of defects. Claims for damages of any kind against haveltec GmbH as well as against its vicarious agents are excluded unless the damage was caused intentionally or by gross negligence. In addition to these terms and conditions, the information provided in the preamble of these terms and conditions shall apply.
§ 1.5 Prices and terms of payment
Unless otherwise agreed in writing, the following provisions shall apply: All prices are net prices without value added tax, which the buyer has to pay additionally in its respective legal height. The prices are ex works. If there are more than 6 months between the conclusion of the contract and the agreed or actual delivery date, the prices of haveltec GmbH valid at the time of delivery or provision shall apply. Purchase personnel and technical personnel are not authorized to collect payments in cash. Payments with discharging effect can only be made directly to haveltec GmbH or also to a bank account specified by haveltec GmbH. Invoices of haveltec GmbH are payable immediately and without deduction, but no later than 14 days after the invoice date of the respective invoice. Acceptance is always on account of payment only.
Discount and bill charges shall be borne by the buyer and are due immediately. Therefore, under the conditions of §§ 366, 367 BGB (German Civil Code) and despite any other provision of the purchaser, haveltec GmbH determines which claims are fulfilled by the payment of the purchaser. If the buyer is in default, haveltec GmbH is entitled to charge interest in the amount of 9% points above the prime rate of the European Central Bank. The interest is due immediately. If the purchaser does not meet his payment obligations, in particular if he is in default with the payment of an invoice or if haveltec GmbH becomes aware of other circumstances that call into question the creditworthiness of the purchaser, haveltec GmbH is entitled to call due the entire remaining debt. In this case, haveltec GmbH is also entitled to demand advance payments or securities with respect to all other contracts, as well as to withdraw from these contracts after a reasonable grace period or to demand damages for non-performance.
The Buyer shall only be entitled to set-off if the counterclaim is undisputed or has been legally established. If, after the conclusion of the contract, haveltec GmbH receives information which makes the granting of a credit corresponding to the amount of the order appear not to be completely unobjectionable or which gives rise to doubts in this respect, haveltec GmbH shall be entitled to demand advance payments in cash without regard to prior agreements. Doubts about the creditworthiness of the Buyer exist, for example, in the event of non-payment of due invoices despite reminders, in the event of a significant deterioration of the Buyer’s financial situation, in the event of the dissolution or transfer of business, in the event of the pledging or transfer by way of security of goods inventories and accounts receivable to other creditors and in the event of foreclosures.
§ 1.6 Reservations for the use of the I SHARE IT Online Shop
The orders placed in the I SHARE IT Online Shop, which are placed by the Customer himself or by the users of the Customer’s account, are legally valid purchase contracts. The Customer shall be liable for any unauthorized use of his user data made possible by his conduct and any costs incurred thereby. Refusal to accept or return the orders may lead to the deletion of the user data and thus to the exclusion from the I SHARE IT Online Shop. The costs incurred, processing costs, freight costs and costs for return delivery shall be borne by the Customer. Furthermore, the User/Customer agrees not to violate any data, trademark or image rights through its use. This applies in particular to copying or downloading data or images. No guarantee is given for the availability of the I SHARE IT online shop.
§ 1.7 Retention of title
Until the fulfillment of all (also balance) claims, which are due to haveltec GmbH from any legal ground against the customer now or in the future, haveltec GmbH is granted the following securities, which haveltec GmbH will release upon the buyer’s request at the buyer’s option, as far as their value sustainably exceeds the claim by more than 20 %. All deliveries are made under reservation of title. Ownership shall not pass to the purchaser until the purchaser has settled all its liabilities – including those arising in the future – arising from its business relationship with haveltec GmbH. This shall also apply if the purchase price for certain deliveries of goods designated to the Buyer has been paid.
In case of a current account, the reserved property shall be considered as security for the balance claim of haveltec GmbH, if applicable. Processing and treatment shall be carried out for haveltec GmbH excluding the acquisition of ownership according to § 950 BGB (German Civil Code) without any obligation. The processed goods shall serve as security for haveltec GmbH in the amount of the invoice value of the processed reserved goods. In the event of processing or combination with other goods not belonging to haveltec GmbH by the Buyer, we shall be entitled to ownership of the new item in the ratio of the invoice value of the other processed goods subject to retention of title to the acquisition value of the other processed goods. Otherwise, the same shall apply to the new item as to the goods subject to retention of title. In the event of resale of the goods subject to retention of title, the claims arising therefrom for the purchaser shall already now be assigned to haveltec GmbH.
This assignment shall also apply if the goods subject to retention of title have previously been processed by the purchaser or if they are resold to several employees. The assigned claim shall serve as security for haveltec GmbH in the amount of the invoice value of the respective goods sold. If the goods are sold by the Buyer together with other goods not belonging to haveltec GmbH, whether without or after processing, the assignment shall only apply to the amount of the value of the goods involved according to the invoice of haveltec GmbH. The buyer is entitled to process, sell or install the goods subject to retention of title in proper business transactions as long as he is not in default. Pledges or transfers of ownership by way of security are not permitted.
The purchaser revocably authorizes haveltec GmbH to collect the claims assigned to it for its account in its own name. In the event of a sale of receivables, the authorization to collect shall exist, in particular if it serves to secure further credit, only with prior written consent. However, upon request of haveltec GmbH, the purchaser shall disclose the assignment and provide haveltec GmbH with the necessary information and documents. The Buyer is obligated to sufficiently insure the goods subject to retention of title against fire and water damage at its own expense to haveltec GmbH. Insurance claims arising in the event of damage are already assigned to haveltec GmbH. The assignment is accepted. In case of access of third parties to the goods subject to retention of title or the assigned claims, the Buyer shall point out the ownership of haveltec GmbH or the assignment of the claim and notify haveltec GmbH immediately by handing over the documents required for the objection. Costs and damages shall be borne by the Buyer.
In case of cessation of payments, application for or initiation of bankruptcy proceedings, judicial or extrajudicial composition proceedings, protest of checks or bills of exchange, as well as in case of any other conduct of the Buyer in violation of the contract – in particular default of payment – the right to resell for use or installation of the reserved goods and the authorization to collect the assigned claims shall expire. Upon request of haveltec GmbH, the purchaser shall immediately name his customers and refer to the retention of title of haveltec GmbH or the assignment of claims. In this case, haveltec GmbH is entitled to take back the goods subject to retention of title at the expense of the buyer or, if applicable, to demand the assignment of the buyer’s claims for return against third parties. The taking back as well as the seizure of the goods subject to retention of title by haveltec GmbH shall constitute a rescission of the contract only if this has been expressly declared, unless the German Installment Purchase Act (Abzahlungsgesetz) applies.
§ 1.8 Taking back of goods
A return of sold goods is generally excluded. If haveltec GmbH is forced to take back the goods for reasons for which the Buyer is responsible, the Buyer is obligated to reimburse haveltec GmbH for all costs, expenses, etc. incurred by haveltec GmbH and also to compensate haveltec GmbH for a reasonable reduction in value resulting from the use as well as for the profit lost by haveltec GmbH due to the taking back. The Purchaser agrees that haveltec GmbH may offset the amount of the resulting claim against purchase price installments already paid.
Occasionally, the return of goods can be agreed upon after prior written agreement. The prerequisite for this is that the returned goods are complete, undamaged and in their original packaging. The costs and risk of delivery are borne by the buyer. We reserve the right to charge a handling and restocking fee of 20% for the processing of returned goods.
§ 1.9 Data storage
§ 1.10. Place of Performance, Jurisdiction and Partial Invalidity
Place of performance is Brandenburg an der Havel. If the Buyer is a merchant, a legal entity under public law or a special fund under public law, the local court of Brandenburg an der Havel shall be agreed as the place of jurisdiction for any disputes arising from the contracts and related legal relationships for both parties at the discretion of haveltec GmbH. The same shall apply if the domicile or habitual residence of the purchaser is unknown at the time the action is filed. In all other cases, the jurisdiction of the local court of Brandenburg an der Havel is agreed for the judicial dunning procedure (§ 688 ff. ZPO). Should one or more of the above provisions be or become invalid, this shall not affect the validity of the remaining provisions. The ineffective provision shall be replaced by an effective one which realizes the economic purpose pursued with it as far as possible.
§ 2. general terms and conditions for the use of the online tracking service
§ 2.1. registration/conclusion of contract
In order to use the Online Tracking service, the user must have an I SHARE IT GPS bike lock or tracker, as well as the user’s registration via the I SHARE IT web portal (https://tracking.ilockit.bike) . The user is obliged to provide true and complete information about name and e-mail address during registration. haveltec reserves the right to verify the accuracy in individual cases. Pseudonyms are not permitted. haveltec reserves the right to temporarily or permanently block the customer’s access to online tracking in case of reasonable suspicion of misuse or misappropriation (in particular recording of transaction data of third parties).
With the delivery of a GPS-capable I SHARE IT device the subscription period associated with the device starts automatically. The GPS service subscription required for this must be purchased with the bicycle lock. Without the GPS service package, the bicycle lock can still be used, but the GPS functionality is deactivated.
The scope of services, the price and the duration of the contract as well as any possible renewal options of the subscription result from the scope of services published for the respective product at https://ishareit.bike at the time of the conclusion of the contract.
§ 2.2. Obligations, duties and rules of conduct of the user
The user must keep the access data (the combination of email address and password) strictly confidential and protect it from unauthorized access by third parties. The user shall not disclose the access data to anybody, including employees of haveltec. If the user has reason to believe that the access data has become known to third parties in any way, the user is obliged to change his password immediately.
The user undertakes to use the services provided by haveltec in accordance with the intended purpose and to refrain from any actions that could harm or endanger haveltec, other haveltec users or third parties and/or that could restrict the availability of the services for other users. Intended use shall also include compliance with all instructions, recommendations and the like that haveltec provides at the time of conclusion of the contract or thereafter, on its homepage, in operating instructions and/or other documents made available to the user. The I SHARE IT GPS bicycle lock has been specially developed for tracking in case of theft and should therefore only be used for this purpose. Some countries and regions have laws regarding digital positioning and tracking of persons and/or objects. The customer or user of the haveltec GPS tracking device, but not haveltec, is solely responsible for complying with such laws or regulations.
The user has the possibility to retrieve the location data of his I SHARE IT GPS bicycle lock or other I SHARE IT GPS capable devices in real time (slight time delay possible) using the I SHARE IT web portal, in order to determine and track the location of his bicycle or other object in real time. Depending on the model of I SHARE IT GPS device this function is available only in case of theft or permanently.
If the user interferes with the services by manipulating the software, own software or automated access to haveltec’s software, haveltec is entitled to terminate the services immediately and to terminate the subscription with the user without notice and/or prematurely. In this case, haveltec shall not be entitled to claim a refund of the service fee already paid. The same applies if the user accesses the tracking functions of the tracker or data of haveltec by means other than those provided to the user within the scope of the respective subscription.
§ 2.3. Availability/Warranty/Liability
haveltec does not warrant the permanent availability of its services. Downtimes due to maintenance, software updates and due to circumstances (such as technical problems in the field of mobile data transmission, lack of network coverage, connection problems, problems with the availability of one or more mobile phone providers) that are beyond haveltec’s direct control and therefore beyond its control cannot be excluded. The user declares not to assert any claims for damages and/or warranty claims for failures that are not the fault of haveltec.
Although haveltec makes every effort to provide the user with a secure data connection, haveltec does not guarantee that data transport via external systems, in particular the Internet or telecommunication networks, will not be tracked, recorded or falsified by third parties.
The use of haveltec’s offer by the user is exclusively at the user’s own risk and voluntary. This applies without limitation to the use of the hardware used for this purpose, including (but not limited to) the respective smartphone and any use by the user of data created by haveltec or provided by haveltec. The user expressly acknowledges that such data may be erroneous and haveltec, to the extent permitted by law, does not assume any responsibility for the accuracy of such data.
§ 2.4. Data Storage
§ 2.5. Place of performance, place of jurisdiction and partial invalidity
Place of performance is Brandenburg an der Havel. If the buyer is a merchant, a legal entity under public law or a special fund under public law, the local court of Brandenburg an der Havel is agreed upon as the place of jurisdiction for both parties for any disputes arising from the contracts and any legal relations in connection therewith. The same shall apply if the residence or usual abode of the buyer is unknown at the time of filing a suit. In all other cases, it is agreed that the Local Court of Brandenburg an der Havel shall have jurisdiction for the legal dunning procedure (§ 688 ff. ZPO). Should one or more of the above provisions be or become invalid, the validity of the remaining provisions shall not be affected. The ineffective provision shall be replaced by an effective one which achieves the economic purpose intended by it as far as possible.