General Terms and Conditions (GTC)
§ 1 Provider and Scope
1.1 The online shop milkit.bike is operated by Sport Components AG, Feldeggstrasse 24/26, 8008 Zürich, Switzerland (UID CHE-296.198.648), email: support@milkit.bike.
1.2 These GTC apply to all orders placed in the online shop milkit.bike and to the use of the website.
1.3 The online shop is aimed primarily at consumers. A consumer is anyone who places an order for a purpose that can be attributed neither to their commercial nor to their independent professional activity. A business customer is anyone who places an order in the course of their commercial or independent professional activity, for example a retailer. If a business customer orders in the online shop, these GTC apply with the deviations expressly stated in § 5.1 and § 10. The right of withdrawal under § 5.1 is available to consumers only.
1.4 Any deviating terms of the customer shall not apply, even if we do not expressly object to them.
§ 2 Conclusion of Contract
2.1 The presentation of products in the online shop does not constitute a legally binding offer, but an invitation to place an order.
2.2 You place the desired products in the shopping cart and enter your details. Before you submit the order, the checkout process shows you a summary of all details; until then, you can correct input errors using the buttons in the checkout process or the editing functions of your browser. By submitting the order via the button that completes the order, you make a binding offer to purchase the goods in the shopping cart.
2.3 We confirm receipt of your order automatically by email. This confirmation does not yet constitute acceptance of your offer. We will accept or reject your offer within five working days of receipt of the order. The contract is concluded when we accept your order. Acceptance takes place by dispatch of the goods, which we notify you of by email (including by a shipping confirmation with tracking from our logistics partner), or by delivery of the goods. We may reject orders, in particular if goods are unavailable or in the case of obvious pricing or display errors. If we have neither accepted nor rejected your order by the end of this period, you are no longer bound by your offer. In these cases, we will refund any payments already made without delay.
2.4 The contract text (your order) is stored by us. You will receive the order details with the confirmation email. You can view these GTC on the website at any time.
2.5 The language of the contract is English.
§ 3 Prices and Payment
3.1 The prices displayed in the online shop at the time of the order apply. All prices are final prices including statutory VAT. Shipping costs are added; they depend on the country of delivery and are shown before the order is completed.
3.2 You can pay by credit card (Mastercard, Visa) or PayPal. The purchase price is charged when the order is placed. If we cannot accept the order or deliver the goods, we will refund the amount without delay to the payment method you used.
§ 4 Delivery
4.1 We deliver to Switzerland, Liechtenstein, the member states of the European Union and worldwide, insofar as the shop offers the country of delivery in the checkout process.
4.2 Within Switzerland and the EU, delivery usually takes a few working days, but no longer than 30 days after receipt of your order. For deliveries to other countries, the delivery time depends on the destination country.
4.3 For deliveries to countries outside the EU, customs duties, import charges and taxes may apply. These are borne by the customer unless they have already been shown and charged in the checkout process.
4.4 Please note any visible transport damage with the carrier and report it to us. This does not limit your statutory rights.
§ 5 Right of Withdrawal, Returns and Incorrect Deliveries
5.1 Right of withdrawal for consumers in the EU and EEA
Consumers whose habitual residence is in a member state of the European Union or the European Economic Area have a right of withdrawal in accordance with the following withdrawal policy.
Withdrawal Policy
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period will expire after fourteen days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
To exercise the right of withdrawal, you must inform us (Sport Components AG, Feldeggstrasse 24/26, 8008 Zürich, Switzerland, phone: +41 44 515 22 69, email: support@milkit.bike) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or an email). You may use the attached model withdrawal form, but it is not obligatory.
You can also exercise your right of withdrawal online at milkit.bike/pages/widerruf. If you use this online function, we will send you an acknowledgement of receipt on a durable medium (e.g. by email) without delay, containing the content of the withdrawal statement and the date and time of its receipt.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to
BSZ GROUP / BSZ Direktmarketing GmbH
Wallensteinstrasse 6b
82538 Geretsried
Germany
without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
End of withdrawal policy
5.2 Voluntary return within 30 days
Independently of the statutory right of withdrawal, all customers, including those outside the EU and EEA, may return goods within 30 days of receipt. Please contact us beforehand at support@milkit.bike. You bear the cost of the return shipment. We will refund the purchase price; the original shipping costs are not refunded for this voluntary return. The conditions of this section apply only to the voluntary return; the statutory right of withdrawal under 5.1 and your warranty rights under § 6 remain unaffected.
5.3 Incorrect, incomplete or defective delivery
If you receive an incorrect, incomplete or defective delivery, please contact us at support@milkit.bike. We will cover the cost of the return and send you the correct goods free of charge. Your statutory warranty rights under § 6 remain unaffected.
§ 6 Warranty
6.1 The statutory warranty rights apply to defects in the goods delivered. The warranty period is two years from delivery of the goods. For consumers whose habitual residence is in the EU or EEA, the mandatory consumer protection provisions of their country of residence also apply. For customers in Switzerland, the provisions of the Swiss Code of Obligations on warranty in sales contracts (Art. 197 et seq. CO) apply.
6.2 Please report a defect as soon as possible after discovering it via our ticket system at support.milkit.bike or by email to support@milkit.bike. Please include your order number and a short description, if possible with photos or a short video. We will get back to you with the next steps. Please do not return goods to us without prior consultation.
6.3 Subsequent performance takes place, at your choice, by repair or replacement and is free of charge for you, including shipping costs. We may refuse the chosen type of subsequent performance under the statutory conditions. Further statutory rights, in particular price reduction, rescission and damages, remain unaffected in accordance with the law.
6.4 If a voluntary guarantee exists for a product (from us or the manufacturer), your statutory warranty rights remain unaffected. For products sold with a guarantee notice, the guarantee stated there continues to apply unchanged.
6.5 § 7 applies to liability.
§ 7 Liability
7.1 We are liable without limitation for intent and gross negligence, for injury to life, body or health, for fraudulently concealed defects, where we have assumed a guarantee, and under the mandatory provisions of product liability law.
7.2 In the case of slight negligence, we are liable only for breach of an essential contractual obligation. An obligation is essential if its fulfilment makes the proper performance of the contract possible in the first place and if you may regularly rely on its fulfilment. In this case, liability is limited to the foreseeable damage typical for the contract.
7.3 Otherwise, our liability is excluded.
7.4 These limitations of liability also apply in favour of our employees, representatives and auxiliary persons.
7.5 Your statutory warranty rights under § 6 remain unaffected.
§ 8 Website
8.1 We prepare product descriptions and images with care. We reserve the right to make changes to the design and technology of a product that do not impair its function and are reasonable for you.
8.2 We strive to keep the website available with as few interruptions as possible, but cannot guarantee that it will be available without interruption or errors, or free of harmful components. § 7 applies to damage arising from the use of the website.
8.3 The operators of linked third-party websites are responsible for their content.
§ 9 Data Protection
Personal data is processed in accordance with our privacy policy. It is available on the website under “Privacy Policy” (milkit.bike/policies/privacy-policy).
§ 10 Applicable Law and Place of Jurisdiction
10.1 Consumers: applicable law. Contracts with consumers are governed by Swiss law. If the consumer’s habitual residence is in a member state of the EU or EEA, the mandatory consumer protection provisions of that state remain unaffected by this choice of law.
10.2 Consumers: place of jurisdiction. The mandatory statutory places of jurisdiction apply to disputes with consumers. We may assert claims against consumers only at their place of habitual residence, unless the law provides otherwise.
10.3 Business customers: applicable law. Contracts with business customers are governed by Swiss law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
10.4 Business customers: place of jurisdiction. The place of jurisdiction for disputes with business customers is Zürich, Switzerland. We are also entitled to assert claims against business customers at their registered office.
§ 11 Final Provisions
11.1 The version of the GTC available on the website at the time of your order applies.
11.2 Should any provision of these GTC be invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the statutory provision.
Annex: Model Withdrawal Form
(Complete and return this form only if you wish to withdraw from the contract.)
To: Sport Components AG, Feldeggstrasse 24/26, 8008 Zürich, Switzerland, support@milkit.bike
I/We () hereby give notice that I/we () withdraw from my/our () contract of sale of the following goods ():
Ordered on () / received on ():
Order number:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date:
(*) Delete as appropriate.