Terms and Conditions

1.Introduction

These Terms of Use (hereinafter referred to as "Agreement") are an agreement between you (hereinafter referred to as "you" or "user") and Hong Kong Grundig Mobility Technology Co., Limited

and their affiliated companies (hereinafter collectively referred to as "GRUNDIG Bike", "we", "us" and "our"). This agreement applies to all users or browsers accessing the websites or applications of GRUNDIG Bike that refer to or are linked to this agreement.

 

Before you set up an account on the websites or applications of GRUNDIG Bike or use the services of GRUNDIG Bike, you should carefully read and fully understand all the terms of this agreement, especially the terms regarding service fees, applicable law, dispute resolution, the disclaimer or limitation of liability of GRUNDIG Bike, as well as your rights and obligations. These terms are printed in bold for your information.

 

If you click "Accept" on the respective website/application and/or set up and use a user account (hereinafter "account"), it is assumed that you have read and understood this agreement, agree to it, and are bound by its terms. If you do not agree with this agreement, you have the right to leave and stop using the services of GRUNDIG.

 

2. User Account, Accuracy, and Security

 

2.1 Setting up an account

If you access and use certain parts of the websites or applications of GRUNDIG Bike, including but not limited to https://grundig-bike.com/.

Once you have successfully created your account, you can use it to log in to various websites or applications from GRUNDIG bike without having to create an account again.

2.2 Accuracy of the data

The data you provide to us will be processed exclusively to verify your identity and not for other purposes. You warrant and guarantee that all user data you provide to us in connection with your account and your use of the services of GRUNDIG Bike is current, complete, and accurate, and you commit to updating this data as needed to keep it complete and accurate by updating your personal profile. You agree that you will not submit fake content (including, but not limited to, a username, an image, or a profile) to deliberately and credibly impersonate another person, whether an actual or fictitious person. If, at our sole discretion, we believe that the data you have provided is not current, complete, or accurate, we have the right to deny you access to the services of GRUNDIG Bike. Further data can be found in our privacy policy.

2.3 Account Security

You may be asked to provide a username, a password, and possibly other data to secure your account. You are responsible for keeping your password confidential. You are not permitted to use another person's username or password, to share your username or password, or to bypass an authentication mechanism that requires entering a username, password, or other data to gain unauthorized access to the services of GRUNDIG Bike. You agree to notify us immediately of any unauthorized use of your account. We are not liable for losses you suffer because someone else uses your account with or without your knowledge. You may be held liable for losses incurred by us, our affiliates, officers, directors, employees, consultants, agents, and representatives due to the use of your account by another person.

 

3. Privacy Policy & Cookies

By using the services of GRUNDIG Bike, you declare that you have read and understood our Privacy Policy (the "Privacy Policy" https://grundig-bike.com/pages/datenschutz-erklarung) and agree to be bound by this Privacy Policy.

As explained in more detail in the privacy policy, the GRUNDIG Bike websites use cookies to collect certain data from you. Before using the GRUNDIG Bike websites, you should carefully read and understand our cookie statement.

 

4. Authorization

By accessing and/or using the services of GRUNDIG Bike, you represent and warrant that you are at least eighteen (18) years old and legally capable of entering into agreements under applicable law. If you use the services of GRUNDIG Bike on behalf of a legal entity, you further represent and warrant that you are authorized to act on behalf of that legal entity and to enter into agreements.

 

5. Purchases and payments

If you purchase a product through the GRUNDIG Bike websites or applications, you will be asked to provide your billing and shipping information as well as your credit or debit card details (each a "payment card") so that we can charge you for the costs and fees associated with your purchase. You represent and warrant that you are the authorized account holder for all payment cards you submit through the GRUNDIG Bike websites or applications, and you acknowledge and agree that we have the right to charge your payment card for the costs of the products as well as any taxes, shipping, and handling fees communicated to you at the time of purchase.

 

Your order is an offer to us to purchase the device(s) in your order. When you place an order to purchase a device from us, we will send you an email confirming receipt of your order and containing the details of your order (the "order confirmation email"). The order confirmation email is a confirmation that we have received your order and does not constitute acceptance of your offer to purchase the ordered device(s). We only accept your offer and conclude the purchase contract for a device you ordered when we ship the device to you and confirm by email that we have shipped the device to you.

 

If you are not satisfied with a product purchased through the GRUNDIG Bike websites or applications, you can return the product to us within 15 days of the purchase date in its original packaging for a refund of the purchase price. Please refer to the "Return Policy" for specific return conditions. (https://grundig-bike.com/pages/after-sales-service-richtlinie) You can request and arrange such a refund by contacting us through the GRUNDIG Bike websites or applications. After the 15-day refund period has expired, you can only rely on our warranty for the devices.

 

It is at our sole discretion to permit you to purchase certain devices through Amazon.com ("Amazon") or using the payment processing services of PayPal.com ("PayPal"). You understand and agree that Amazon and PayPal are third parties, as defined below, and that if you choose to complete part of your purchase through these third parties, your purchase may be subject to the terms of service, privacy policies, refund policies, and other policies and agreements of these third parties. It is your responsibility to familiarize yourself with the policies and agreements of these third parties.

 

6. License to use the service

Subject to compliance with this agreement, we grant you a non-exclusive, non-sublicensable, revocable, non-transferable license to access the services of GRUNDIG Bike for your personal use.

This license does not include, and you may not:

To publish material from the GRUNDIG Bike services (including republishing in another service), to sell, rent, or sublicense material from the GRUNDIG Bike services.

Material from the services of GRUNDIG Bike to be shown publicly.

To reproduce, duplicate, copy, or otherwise use material from the services of GRUNDIG Bike for commercial purposes.

To process or otherwise modify material from GRUNDIG Bikes services.

To redistribute material from the services of GRUNDIG Bike, unless it is content that is specifically and expressly made available for redistribution.

Unless otherwise stated, we and/or our licensors are the owners of the intellectual property rights in the services of GRUNDIG Bike and the material on the services of GRUNDIG Bike, and all rights not expressly granted in this agreement are reserved to us.

 

7. Risk assumption; release

By using the services of GRUNDIG Bike, you knowingly and willingly assume all risks. You voluntarily agree, on your own behalf, on behalf of your personal representatives and heirs, to release GRUNDIG Bike and its owners, senior executives, directors, employees, agents, affiliated companies, consultants, representatives, sublicensees, legal successors, assignees, parent companies, subsidiaries, and affiliated companies, including but not limited to Hong Kong Grundig Mobility Technology Co., Limited (collectively "GRUNDIG Bike"), from any claims, actions, or losses due to personal injury, property damage, wrongful death, emotional distress, loss of privacy, or other damages or disadvantages that you or third parties may incur as a result of your use of the GRUNDIG Bike services.

 

8. Forbidden behavior

We impose certain restrictions on your use of the services of GRUNDIG Bike. Any violation of this Section 8 may have civil and/or criminal consequences for you.

 

You may not use the services of GRUNDIG Bike in a way that causes or may cause damage to the services of GRUNDIG Bike or impairs the availability or accessibility of the services of GRUNDIG Bike, or in a way that is unlawful, illegal, fraudulent, or harmful, or in connection with an unlawful, illegal, fraudulent, or harmful purpose or activity.

 

You may not use the services of GRUNDIG Bike to copy, store, host, transmit, send, use, publish, or distribute material that consists of spyware, computer viruses, trojans, worms, keyloggers, rootkits, or other malicious computer software (or is related to such).

 

You may not conduct systematic or automated data collection (including, but not limited to, scraping, data mining, data extraction, and data harvesting) on or in connection with the services of GRUNDIG Bike without our express written consent.

 

You are not allowed to behave in the services of GRUNDIG Bike as follows, which is expressly prohibited: (a) providing false, misleading, or inaccurate information to us or other persons in connection with the services of GRUNDIG Bike; (b) impersonating another person or otherwise falsely claiming affiliation, connection, or association with a person or entity; (c) accessing content or data not intended for you, or logging into a server or account for which you do not have access authorization; (d) attempting to probe, scan, or test the vulnerability of the services of GRUNDIG Bike or any related system or network, or violating security or authentication measures without proper authorization; (e) disrupting or attempting to disrupt the use of the services of GRUNDIG Bike by another user, host, or network, including (without limitation) by transmitting malware or exploiting software vulnerabilities; (f) forging, altering, or falsifying network packet or protocol headers or metadata in connection with or during transmission to the services of GRUNDIG Bike (e.g., SMTP email headers, HTTP headers, or Internet protocol packet headers); (g) creating additional accounts to promote your business (or that of another) or causing others to do so; or (h) paying persons for interactions on the services of GRUNDIG Bike.

 

You may not use the services of GRUNDIG Bike to transmit or send unsolicited commercial communications.

 

Without our explicit written consent, you may not use the services of GRUNDIG Bike for marketing purposes.

 

9. User Content

In this agreement, the term "Your User Content" refers to material (in particular texts, images, audio, video, and audiovisual material) that you transmit to the services of GRUNDIG Bike for any purpose.

You grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute your user content in all existing or future media. You also grant us the right to sublicense these rights and the right to file a lawsuit for infringement of these rights, provided that we will not file a lawsuit for infringement of the product reviews you have posted without your explicit further consent.

Your user content must not be illegal or unlawful, must not infringe the rights of third parties, and must not give rise to legal action against you, us, or a third party (each according to applicable law).

 

You may not submit user content to the services of GRUNDIG Bike that is the subject of a threatened or actual legal proceeding or any other similar claim.

 

We reserve the right to edit or remove any material that is transmitted to the GRUNDIG Bike services, stored on our servers, or hosted or published on the GRUNDIG Bike services.

 

Notwithstanding our rights under these Terms of Use regarding user content, we do not commit to monitoring the transmission of such content to the services of GRUNDIG Bike or the publication of such content on the services of GRUNDIG Bike.

 

10. No warranties; limitation of liability

10.1 No warranties

We expressly disclaim on our own behalf and on behalf of our licensors and suppliers all express or implied warranties regarding the services of GRUNDIG Bike, arising by law or otherwise, including but not limited to all implied warranties of merchantability, fitness for a particular purpose, non-infringement of third-party rights, legal certainty or ownership, as well as all warranties arising from trade usage, custom or trade practice. Neither we nor our licensors or suppliers guarantee that the services of GRUNDIG Bike will meet your requirements or that the operation of the GRUNDIG Bike services will be uninterrupted or error-free. We disclaim any implied liability for damages arising from the provision of the GRUNDIG Bike services under this agreement, including but not limited to errors, omissions, interruptions, delays, unauthorized acts, mistakes, assurances or other defects resulting from the non-provision of the GRUNDIG Bike services, whether caused by an act or omission or otherwise. We are not liable for indirect, incidental, special or consequential damages (including but not limited to damages from lost profits or lost revenues), whether caused by acts or omissions of us, the GRUNDIG Bike companies or our users or their agents or representatives.

 

10.2 Your responsibility for loss or damage; securing data.

You agree that the use of GRUNDIG Bike services is at your own risk. You do not hold us or our licensors and suppliers liable for any losses or damages arising from your access to and/or use of the GRUNDIG Bike services, especially not for the loss or damage of computers, mobile devices, particularly tablets and/or smartphones, or data. The GRUNDIG Bike services may contain bugs, errors, issues, or other limitations.

 

10.3 Limitation of Liability

Under no circumstances shall we or our licensors or suppliers be liable to you for claims arising from your use of the GRUNDIG Bike services, including but not limited to special, incidental or consequential damages, lost profits, loss of data or confidential or other information, loss of privacy, costs for procuring replacement goods or services, failure to comply with obligations, including but not limited to good faith, reasonable care, negligence or others, whether or not such damages were foreseeable, or advice or statements to us or our licensors and suppliers arising from or related to your use of the GRUNDIG Bike services. This limitation applies regardless of whether the damages arise from a breach of the agreement, a tort, or any other legal theory or form of action. You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the agreement between you and us. The GRUNDIG Bike services would not be offered without these limitations.

 

10.4 Participation in Disclaimers

The above disclaimers, waivers, and limitations of liability do not in any way limit other warranty disclaimers or other liability limitations in other agreements between you and us or between you and our licensors and suppliers. Some jurisdictions do not allow the exclusion of certain implied warranties or the limitation of certain damages, so some of the above disclaimers, waivers, and limitations of liability may not apply to you. Our licensors and suppliers are intended third-party beneficiaries of these disclaimers, waivers, and limitations. No advice or information, whether oral or written, that you receive about the services of GRUNDIG Bike or otherwise, changes the disclaimers or limitations of liability stated in this section.

 

10.5 No advice

Nothing in the services of GRUNDIG Bike constitutes or is intended to constitute advice. If you require advice regarding legal, financial, or medical matters, you should consult an appropriate professional.

 

 

 

11. Consent to receive electronic communications from us

By creating an account and providing us with your email address, you expressly agree to receive electronic and other communications from us, both on a short-term basis and at regular intervals, including email communications. These communications relate to your purchases, your inquiries to the service, etc.

 

In addition, we may send or display information about GRUNDIG Bike services, upcoming promotions, and other information that may be of interest to you via the email address you have provided to us or through other appropriate means, always obtaining your prior consent as required by applicable law.

 

You can unsubscribe from our list of promotional emails at any time simply by clicking the unsubscribe link included in every electronic promotional message we send. After you have unsubscribed, we will not send you any further promotional emails, but we may continue to contact you as necessary for the websites, applications, devices, or services you have requested.

 

You can unsubscribe from our advertising text list at any time by replying with T via SMS. After you have unsubscribed, we will not send you any further text messages, but we may continue to contact you as necessary for the websites, applications, devices, or services you have requested.

 

12. Intellectual Property

You declare and guarantee that you comply with all applicable laws when using the services of GRUNDIG Bike and respect the intellectual property rights of third parties. Your use of the services of GRUNDIG Bike is at all times subject to copyright and other laws protecting intellectual property. You agree not to upload, post, transmit, display, perform, or distribute any content, data, or other materials that infringe copyrights, trademarks, or other intellectual property rights or proprietary rights of third parties.

 

12.1 Trademarks

GRUNDIG Bike, GRUNDIG, and the corresponding logos (together the "Marks") are trademarks or registered trademarks of Hong Kong Grundig Mobility Technology Co., Limited and are used by us with permission. Other trademarks, service marks, graphics, logos, and domain names appearing on, through, or in connection with the services of GRUNDIG Bike may be trademarks of third parties. Neither your use of the services of GRUNDIG Bike nor this agreement grants you any right, title, or interest in these marks or in third-party trademarks, service marks, graphics, logos, or domain names, nor a license to reproduce or otherwise use these marks. You agree that any goodwill in the marks arising from your use of the services of GRUNDIG Bike belongs to the GRUNDIG Bike companies, and you agree to assign all such goodwill to the GRUNDIG Bike companies. You will at no time challenge the right, title, or interest of the GRUNDIG Bike companies in the marks or their validity, nor assist others in doing so.

 

12.2 Copyright

12.2.1 All content and other materials provided through the GRUNDIG Bike services, in particular logos, designs, texts, graphics, and other files as well as their selection, arrangement, and layout, are either the property of Hong Kong Grundig Mobility Technology Co., Limited or the property of our licensors and suppliers. Unless expressly stated otherwise, you do not acquire any rights, titles, or interests in these materials through the use of the GRUNDIG Bike services or this agreement.

 

12.2.2 Notification of Claims Due to Copyright Infringement

If you believe that one of our users is unlawfully infringing your copyright by posting unauthorized material through the use of our application or services, and you wish to have the allegedly infringing or unauthorized material removed, you can request the removal of this material by:

(a) Send a written notice to the representative we have designated (see below) at the address given below

Hong Kong Grundig Mobility Technology Co., Limited
Office 5, 8/F Mega Cube, 8 Wang Kwong Road, Kowloon Bay

Registration Number: 77113098

E-mail: support@grundig-bike.com

; or

(b) Send the written notification by email to the designated representative. When you send the email, it should include all the information requested below.

In accordance with the law limiting liability for copyright infringement on the Internet under the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written statement (the "DMCA notice") must essentially contain the following:

1. Your handwritten or electronic signature;

2. the identification of the copyrighted works that you believe have been infringed, or, if the claim relates to multiple works in the app or services, a representative list of those works;

3. identification of the material in our app or services that you believe infringes your copyright and that you want us to remove;

4. sufficient data that allows us to locate the material in question (e.g., the URL of the material or the ID number of the material);

5. sufficient information that enables us to contact you (including your name, postal address, telephone number, and, if available, email address);

6. a statement that you believe in good faith that the use of the contested material is not authorized by the copyright holder or other rights holder, their agent, or by law;

7. a declaration that the information in the notification is correct; and

8. a sworn statement that you are either the owner of the copyright or another right that is allegedly infringed, or that you are authorized to act on behalf of the owner of the copyright or another right.

Our copyright agent for receiving DMCA notices is:

Legal Department

Hong Kong Grundig Mobility Technology Co., Limited
Office 5, 8/F Mega Cube, 8 Wang Kwong Road, Kowloon Bay

E-mail: support@grundig-bike.com

 

Please note that your counterstatement, including your contact details, may be forwarded to the party that filed the DMCA notice against you.

The DMCA allows us to restore the removed content if the party that submitted the original DMCA notice does not file a lawsuit against you within ten (10) business days after receiving a copy of your counter-notification.

Please note that under Section 512(f) of the DMCA, you may be held liable for damages (including costs and attorney's fees) if you knowingly make false claims that material or activities in the application or services were wrongfully removed or disabled.

 

12.2.3 Uploading Content

Users can upload content to the services of GRUNDIG Bike. This content may include uploading or posting content (such as links, profile data, and comments). You warrant and guarantee that all content you upload or post is your own creation or that you have the necessary rights, licenses, and permissions to submit this content and to lawfully grant us the necessary rights to this content. You further warrant and guarantee that you do not upload content that infringes the rights of third parties or whose possession at your location is unlawful or would be unlawful if displayed on the website or offered for download. We reserve the right, at our sole discretion, to refuse or delete user registrations or otherwise restrict access to the website.

 

Users can upload and publish links to the services of GRUNDIG Bike. Linked websites are not under our control, and we are not responsible for the content of a linked website or a link on a linked website. We provide links only for convenience, and the inclusion of a link does not imply that we endorse the respective website.

We are aware that we cannot guarantee that files made available for download through the services of GRUNDIG Bike are free from viruses, worms, Trojan horses, or other codes with contaminating or destructive properties. It is your responsibility to take appropriate security measures and procedures to ensure that all files you receive through the services of GRUNDIG Bike are free from such contamination.

 

13. appropriateness

By using the services of GRUNDIG Bike, you agree that the disclaimers and limitations of liability contained in this agreement are reasonable.

If you do not consider these appropriate, you are not allowed to use the services of GRUNDIG Bike.

 

14. Other parties

The services of GRUNDIG Bike may be linked with third-party services ("third-party services"), some of which are affiliated with us and others are not. We have no control over the content and performance of third-party services. We have not reviewed all materials, including computer software or other goods or services, provided in third-party services and cannot review or control them. Accordingly, we make no representations, warranties, or endorsements for third-party services or for the accuracy, timeliness, content, suitability, legality, or quality of the data, materials, goods, or services available through third-party services. We disclaim any responsibility and liability for damages or other disadvantages that you or third parties may incur through the use of third-party services, and you agree to assume these.

 

You accept that, as a limited liability company, we have an interest in limiting the personal liability of our executives and employees. You agree that you will not make any personal claims against our senior executives or employees or against GRUNDIG Bike companies in relation to losses incurred by you in connection with the GRUNDIG Bike services.

 

Notwithstanding the preceding paragraph, you agree that the warranty and liability limitations contained in this agreement protect not only our executives, employees, representatives, subsidiaries, legal successors, assignees, and subcontractors but also us and the GRUNDIG Bike companies.

 

15. Indemnification

Without limiting the indemnification provisions of this Agreement, you (the "indemnifying party") agree to defend, indemnify, and hold harmless us and the GRUNDIG Bike companies (together the "indemnified parties") from and against all claims, actions, demands, causes of action, and other proceedings (individually "claim" and collectively "claims"), including attorney fees and costs, and to grant us sole and exclusive control over the defense in any proceeding, including the choice of legal counsel and all related settlement negotiations, arising out of or in connection with: (i) the relationship between you and us, whether based on contract, tort, law, fraud, misrepresentation, or any other legal theory; (ii) your breach of this Agreement, including, without limitation, any representations or warranties contained herein; (iii) your access to or use of GRUNDIG Bike services or products; (iv) your provision of information or other data to us or any of the indemnified parties; (v) your violation or alleged violation of foreign or domestic, international, federal, state, or local laws or regulations; (vi) your violation of Section 8 regarding prohibited use of GRUNDIG Bike services and other prohibited acts; or (vii) your violation or alleged violation of copyrights, trademark rights, or other intellectual property rights or proprietary rights of third parties.

The indemnified parties each have the right, but not the obligation, to participate in the defense of claims through an attorney of their choice, where you are obligated to defend, indemnify, or hold harmless each and/or all indemnified parties. They are not entitled to settle a claim without the prior written consent of the respective GRUNDIG Bike companies.

 

16. Termination

16.1 Termination

Without limiting any other provisions of this agreement, we reserve the right, at our sole discretion and without explanation or liability, to refuse a person the use of the GRUNDIG Bike services for any reason or no reason, including but not limited to a breach or alleged breach of any representation, warranty, or agreement contained in this agreement, or any applicable law or regulation. This agreement terminates automatically if you breach any of the representations, warranties, or agreements contained in this agreement. Such termination is automatic and requires no action on our part.

 

16.2 Effect of Termination

Termination of this agreement automatically ends all rights and licenses granted to you under this agreement, including all rights to use the services of GRUNDIG Bike. In the event of termination, we are entitled, but not obligated, at our sole discretion to terminate all services and/or delete all your personal data and any other files or data you have provided to us or that otherwise relate to your use of the services of GRUNDIG Bike from our systems. After termination, you must cease any use of the services of GRUNDIG Bike.

After termination, we reserve the right to take all measures we consider necessary to prevent your unauthorized use of the services of GRUNDIG Bike.

 

16.3 Continuation

Upon termination, all rights and obligations arising from this contract shall cease, with the exception that the following sections shall survive any termination of this contract: Sections 1-4 and 7-19.

 

17 Choice of Law and Jurisdiction

17.1 This contract is exclusively governed by the law of the Hong Kong Special Administrative Region of the People's Republic of China, excluding the UN Sales Convention and the international private law provisions referring to it.

 

17.2 The contracting parties agree, to the extent legally permissible, on the exclusive jurisdiction of the court at the supplier's registered office for all disputes arising from and in connection with this contract.

 

18. Explanations

All communications required or permitted under this agreement must be in writing. We send all communications by email to the last email address provided to us by the intended recipient. You agree that any communication you receive from us electronically satisfies the legal requirement for written form. You bear sole responsibility for ensuring that your email address registered with us is correct and up to date, and a communication to you is considered effective as soon as we send an email to that address. You must make any communication to us by sending the communication to us at support@grundig-bike.com.

 

19. Miscellaneous

19.1 Assignment

We are entitled to transfer, subcontract, or otherwise deal with our rights and/or obligations under the agreement without notifying you or obtaining your consent. You are not entitled to transfer, subcontract, or otherwise deal with your rights and/or obligations under the agreement.

 

19.2 Separability

If any provision of this agreement is found to be unlawful and/or unenforceable by a court or other competent authority, the remaining provisions shall remain in effect. If an unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part shall be deemed deleted, and the remainder of the provision shall remain in effect.

 

19.3 No waiver

The waiver by a party of a condition or a breach of this agreement in a specific case does not constitute a waiver of that condition or a later breach.

 

19.4. Independent Contractors

You and we are independent contractors, and no agency, partnership, joint venture, or employer-employee relationship is intended or created by this agreement.

 

19.5 No Third-Party Beneficiaries

There are no third-party beneficiaries to this agreement, with the following exceptions: the parties of the company, indemnity recipients, and our licensors and suppliers (as expressly stated in this agreement).

 

19.6 Entire Agreement

These terms of use, together with our privacy policy, constitute the entire agreement between you and us regarding your use of the GRUNDIG Bike services and supersede all previous agreements regarding your use of the GRUNDIG Bike services.

 

19.7 Changes to the Agreement

If we decide to change the agreement, we will update the change date at the beginning of the agreement. If the change is substantial, we will notify you in accordance with Section 18.

 

19.8 Contact

If you have any questions about our terms of use, please contact us at support@grundig-bike.com.