Terms and Conditions
Terms and Conditions
1 Introduction
These Terms of Use (hereinafter “Agreement”) are an agreement between you (hereinafter “you” or “User”) and teknihall Service GmbH
and its affiliated companies (hereinafter collectively “GRUNDIG Bike”, “we”, “us” and “our”). This Agreement applies to all users or browsers who access GRUNDIG Bike websites or applications that reference or are linked to this Agreement.
Before setting up an account on GRUNDIG Bike's websites or applications or using GRUNDIG Bike's services, you should carefully read and fully understand all of the terms and conditions of this Agreement, in particular the terms and conditions relating to fees for the Service, the applicable law, the Dispute Resolution, GRUNDIG Bike's Disclaimer or Limitation of Liability, and Your Rights and Responsibilities. These terms and conditions are printed in bold for your information.
If you click “Accept” on the applicable website/application and/or create and use a user account (hereinafter “Account”), you will be deemed to have read, understood, agreed to this Agreement and be bound by its terms and conditions . If you do not agree to this Agreement, you have the right to leave and discontinue using the GRUNDIG Services.
2.User Account Accuracy and Security
2.1 Setting Up an Account
When you access and use certain parts of GRUNDIG Bike's websites or applications. 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 GRUNDIG bike websites or applications without having to create an account again.
2.2 Accuracy of data
The data you provide will be processed by us solely to verify your identity and not for any other purposes. You represent and warrant that any user information you provide to us in connection with your account and your use of GRUNDIG Bike Services is current, complete and accurate, and you agree to update such information as necessary keep it complete and accurate by updating your personal profile. You agree that you will not submit any fake content (including, but not limited to, a username, image or profile) to intentionally and plausibly impersonate another person, whether actual or fictitious person acts. If we believe, in our sole discretion, that the information you provide is not current, complete or accurate, we have the right to deny you access to the GRUNDIG Bike Services. Further data can be found in our data protection declaration.
2.3 Account Security
You may be asked to provide a username, password and possibly other information to secure your account. You are responsible for keeping your password confidential. You may not use another person's user name or password, share your user name or password, or circumvent any authentication mechanism that requires you to enter a user name, password or other information in order to gain unauthorized access to the Services Get GRUNDIG Bike. You agree to notify us immediately of any unauthorized use of your account. We will not be liable for any losses you suffer as a result of someone else using 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 someone else's use of your account.
- Privacy Policy & Cookies
By using GRUNDIG Bike's services, you acknowledge 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 to be.
As explained in more detail in the privacy policy, GRUNDIG Bike websites use cookies to collect certain data from you. Before you use the GRUNDIG Bike websites, you should carefully read and understand our cookie statement.
- authorization
By accessing and/or using the GRUNDIG Bike Services, you represent and warrant that you are at least eighteen (18) years of age and have the authority to enter into agreements under applicable law. If you use the GRUNDIG Bike Services on behalf of a legal entity, you further represent and warrant that you are authorized to act and enter into agreements on behalf of such legal entity.
- Purchases and Payments
If you purchase a product through GRUNDIG Bike's websites or applications, you will be asked to provide your billing and shipping information and your credit or debit card information (each a "Payment Card") so that we can charge you the costs and costs associated with your purchase can charge fees. You represent and warrant that you are the authorized account holder for any payment card you submit through GRUNDIG Bike's websites or applications, and you acknowledge and agree that we have the right to charge your payment card with the cost of the Products as well any taxes, shipping and handling charges that will be disclosed 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 a confirmation of acceptance of your offer to purchase the device(s) ordered. We will only then accept your offer and conclude the purchase contract for a You will cancel the device you ordered when we ship the device to you and confirm to you by email that we have shipped the device to you.
If you are dissatisfied with a product purchased through the GRUNDIG Bike websites or applications, you may return the product to us in the original packaging within 15 days of the date of purchase for a refund of the purchase price. Please see the "Return Policy" for specific return conditions.（https://grundig-bike.com/pages/after-sales-service-policy） You may request and initiate such refund by contacting us through the websites or applications of Contact GRUNDIG Bike. After the 15-day refund period has expired, you will only be able to rely on the devices under our warranty.
We have sole discretion to allow you to purchase certain devices through Amazon.com (“Amazon”) or using PayPal.com’s (“PayPal”) payment processing services. You understand and agree that Amazon and PayPal are third parties, as that term is defined below, and that if you choose to process any portion of your purchase through these third parties, your purchase will be subject to the Terms of Service, Privacy Policy, Refund Policy and may be subject to other policies and agreements of such third parties. It is up to you to familiarize yourself with the policies and agreements of these third parties.
- License to Use the Service
Subject to your compliance with this Agreement, we grant you a non-exclusive, non-sublicensable, revocable, non-transferable license to access the GRUNDIG Bike Services for your personal use.
This license does not include, and you may not:
Publish (including republishing on another service), sell, rent or sub-license material from the GRUNDIG Bike Services.
To publicly display material from GRUNDIG Bike's services.
Reproduce, duplicate, copy or otherwise exploit material from the GRUNDIG Bike Services for any commercial purposes.
Edit or otherwise modify material from GRUNDIG Bikes services.
Redistribute material from GRUNDIG Bike's services, unless it is content that is specifically and expressly made available for redistribution.
Unless otherwise stated, we and/or our licensors own the intellectual property rights in the GRUNDIG Bike Services and the material on the GRUNDIG Bike Services, and all rights not expressly granted in this Agreement are reserved by us.
- assumption of risk; Release
By using GRUNDIG Bike services, you knowingly and willingly assume all risks. You voluntarily agree, on behalf of yourself, your personal representatives and your heirs, GRUNDIG Bike and its owners, officers, directors, employees, agents, affiliates, consultants, representatives, sublicensees, successors, assigns, parents, Subsidiaries and affiliated companies, including but not limited to teknihall Service GmbH. (collectively, “GRUNDIG Bike”) from any claims, damages or losses resulting from personal injury, property damage, wrongful death, emotional distress, loss of privacy or other damages or harm suffered by you or any third party as a result of your use of the GRUNDIG Bike Services.
- Prohibited behavior
We impose certain restrictions on your use of the GRUNDIG Bike Services. Any violation of this Section 8 may subject you to civil and/or criminal penalties.
You may not use the GRUNDIG Bike Services in a manner that causes or may cause damage to the GRUNDIG Bike Services or impairment of the availability or accessibility of the GRUNDIG Bike Services, or in a manner that is unlawful, illegal, fraudulent or is harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You may not use GRUNDIG Bike Services to copy, store, host, transmit, send, use, publish or distribute any material which consists of any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or consists of (or is related to) other malicious computer software.
You may not conduct any systematic or automated data collection (including but not limited to scraping, data mining, data extraction and data harvesting) on or in connection with the GRUNDIG Bike Services without our express written consent.
You may not conduct any of the following on the GRUNDIG Bike Services, which is expressly prohibited: (a) providing false, misleading or inaccurate information to us or any other person in connection with the GRUNDIG Bike Services; (b) impersonate another person or otherwise create an affiliation, connection or association with any person or entity; (c) access content or data not intended for you, or log onto a server or account that you are not authorized to access; (d) attempt to probe, scan or test the vulnerability of the GRUNDIG Bike Services, or any associated system or network, or to breach security or authentication measures without proper authorization; (e) interfere or attempt to interfere with any other user, host or network's use of the GRUNDIG Bike Services, including (without limitation) by submitting malware or exploiting software vulnerabilities; (f) forging, altering or falsifying any network packet or protocol header or metadata in connection with or in transmission to the GRUNDIG Bike Services (e.g. SMTP email header, HTTP header or Internet Protocol packet -headers); (g) creating additional accounts to promote your (or someone else's) business, or causing others to do so; or (h) paying anyone for interactions on the GRUNDIG Bike Services.
You may not use GRUNDIG Bike's services to transmit or send unsolicited commercial communications.
You may not use GRUNDIG Bike’s services for marketing purposes without our express written consent.
- User Content
In this Agreement, the term “Your User Content” means material (including, without limitation, text, images, audio, video and audio-visual material) that you submit to the GRUNDIG Bike Services for whatever purpose.
You grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your User Content in any existing or future media. You also grant us the right to sublicense these rights and the right to bring an action for infringement of these rights, provided that we will not bring an action for infringement of the product reviews you post without your express further consent.
Your user content must not be illegal or unlawful, must not violate any third party's rights, and must not be likely to give rise to legal action against you, us or a third party (in each case under any applicable law).
You may not submit any User Content to the GRUNDIG Bike Services that is or has been the subject of any threatened or actual legal proceeding or other similar legal action.
We reserve the right to edit or remove any material submitted to the GRUNDIG Bike Services or stored on our servers or hosted or published on the GRUNDIG Bike Services.
Notwithstanding our rights under these Terms of Use with respect to User Content, we undertake no obligation to monitor the submission of such Content to the GRUNDIG Bike Services or the publication of such Content on the GRUNDIG Bike Services.
- No warranties; Limitation of Liability
10.1 No warranties
We, on our behalf and on behalf of our licensors and suppliers, expressly disclaim all warranties, express or implied, with respect to the GRUNDIG Bike Services, whether by statute or otherwise, including, but not limited to, any implied warranties of merchantability Fitness for a particular purpose, non-infringement, title or security, and any warranties arising from usage, custom or trade practice. Neither we nor our licensors or suppliers warrant that the GRUNDIG Bike Services 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 any damages arising from the provision of the GRUNDIG Bike Services in accordance with this Agreement, including, but not limited to, any errors, omissions, interruptions, delays, tortious acts, errors, representations or other defects arising arising from the failure to provide the GRUNDIG Bike Services, whether caused by an act or omission or otherwise. We will not be liable for any indirect, incidental, special or consequential damages (including, without limitation, damages for loss of profits or revenue), whether caused by any acts or omissions of us, the GRUNDIG Bike Entities or our users or their agents or representatives.
10.2 Your responsibility for loss or damage; Backup of data.
You agree that your use of the GRUNDIG Bike Services is at your own risk. You will not hold us or our licensors and suppliers liable for any loss or damage arising from your access to and/or use of the GRUNDIG Bike Services, including, without limitation, any loss or damage to computers, mobile devices, particularly tablets and /or smartphones, or data. GRUNDIG Bike's Services may contain bugs, errors, problems or other limitations.
10.3 Limitation of Liability
In no event will we or our licensors or suppliers be liable to you for any claims arising from your use of the GRUNDIG Bike Services, including, without limitation, any special, incidental or consequential damages, loss of profits, loss of data or confidential or other information , loss of privacy, costs of obtaining substitute goods or services, failure to comply with obligations including, but not limited to, good faith, reasonable care, negligence or otherwise, whether such damage was foreseeable, or advice or representations to us or our licensors and suppliers arising out of or in connection with your use of the GRUNDIG Bike Services. This limitation shall apply regardless of whether the damages arise out of breach of agreement, 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. GRUNDIG Bike's services would not be offered without these restrictions.
10.4 Participation in Disclaimers
The above disclaimers, waivers and limitations of liability in no way limit any other warranty disclaimers or other limitations of liability contained in any other agreement between you and us or between you and our licensors and suppliers. Some jurisdictions do not allow the exclusion of certain implied warranties or 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, obtained by you through the GRUNDIG Bike Services or otherwise will modify the exclusions or limitations of liability set out in this section.
10.5 No advice
Nothing in GRUNDIG Bike's services constitutes or is intended to constitute advice. If you require advice regarding any legal, financial or medical matter, you should consult an appropriate professional.
- Consent to receive electronic communications from us
By creating an account and providing us with your email address, you expressly consent to receive electronic and other communications from us, both short-term and periodic, including email communications. These communications relate to your purchases, your requests to the Service, etc.
In addition, we may send or display information about GRUNDIG Bike's services, upcoming promotions and other information that may be of interest to you via the email address you have provided to us or by other appropriate means, whereby we will always obtain your prior consent to the extent required by applicable law.
You can unsubscribe from our promotional email list at any time by simply clicking on the unsubscribe link included in every electronic promotional communication we send. After you unsubscribe, we will not send you 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 promotional text list at any time by replying to T via SMS. After you unsubscribe, we will not send you further text messages, but we may continue to contact you as necessary for the websites, applications, devices or services you have requested.
- Intellectual property
You represent and warrant that when using GRUNDIG Bike Services, you will comply with all applicable laws and respect the intellectual property rights of third parties. Your use of GRUNDIG Bike Services is at all times subject to copyright and other intellectual property laws. You agree not to upload, post, transmit, display, perform or distribute any content, data or other materials that infringe any third party's copyrights, trademarks or other intellectual property or proprietary rights.
12.1 Trademarks
GRUNDIG Bike, GRUNDIG and the corresponding logos (collectively the “Trademarks”) are trademarks or registered trademarks of teknihall Service GmbH and are used by us with permission. Other trademarks, service marks, graphics, logos and domain names appearing on, through or in connection with the GRUNDIG Bike Services may be the trademarks of third parties. Neither your use of GRUNDIG Bike Services nor this Agreement grants you any right, title or interest in or to any third party trademarks, service marks, graphics, logos or domain names, or any license to reproduce or otherwise use such marks. You agree that any goodwill in the Marks arising from your use of the GRUNDIG Bike Services vests in the GRUNDIG Bike Entities, and you agree to assign all goodwill to the GRUNDIG Bike Entities. You will not at any time challenge, or assist others in doing so, the GRUNDIG Bike Companies' right, title or interest in the Marks or their validity.
12.2 Copyrights
12.2.1 All content and other materials made available via the GRUNDIG Bike services, in particular logos, design, texts, graphics and other files as well as their selection, arrangement and arrangement are either the property of teknihall Service GmbH or the property of our licensors and suppliers. Unless expressly stated otherwise, your use of the GRUNDIG Bike Services or this Agreement does not grant you any right, title or interest in and to such materials.
12.2.2 Notification of Claims of Copyright Infringement
If you believe that one of our users, through the use of our Application or Services, is unlawfully infringing your copyright by posting unauthorized material, and you wish to have the allegedly infringing or unauthorized material removed, you may request that such material be removed , by:
(a) Send written notice to our designated agent (see below) at the address provided below
teknihall Service GmbH
Levi-Strauss-Allee 10-12
63150 Heusenstamm
Germany
E-mail: support@grundig-bike.com
; or
(b) Send the written notice by email to the Designated Representative. When you send the email, it should contain all of the information requested below.
In accordance with the Limitation of Liability for Infringement of Copyright on the Internet of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must contain substantially the following:
1.Your handwritten or electronic signature;
2.identification of the copyrighted work that you claim has been infringed, or, if the claim relates to multiple works in the App or Services, a representative list of such works;
3.identification of the material on our App or Services that you claim infringes your copyright and that you wish us to remove;
4.sufficient information to enable us to locate the material in question (e.g. the URL of the material or the ID number of the material);
5. information reasonably sufficient to permit us to contact you (including your name, postal address, telephone number and, if available, email address);
6.a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright or other right owner, its agent, or the law;
7.a statement that the information in the notification is accurate; and
8.A statement that you are either the owner of the copyright or other right that is allegedly infringed or that you are authorized to act on behalf of the owner of the copyright or other right.
Our copyright agent for receiving DMCA notices is:
Legal Department
teknihall Service GmbH
Levi-Strauss-Allee 10-12
63150 Heusenstamm
Germany
E-mail: support@grundig-bike.com
Please note that your counter notice, including your contact information, may be disclosed to the party that filed the DMCA notice against you.
The DMCA permits us to restore the removed content if the party that filed the original DMCA notice does not file a lawsuit against you within ten (10) business days of receipt of a copy of your counter-notice.
Please note that pursuant to Section 512(f) of the DMCA, you may be held liable for damages (including costs and attorneys' fees) if you knowingly misrepresent that material or activity on the Application or Services was mistakenly removed or disabled.
12.2.3 Uploading Content
Users can access content on the services of GRUNDIG Bike. This content may involve uploading content (such as links, profile data and comments). You represent and warrant that any content you upload or post is your own creation or that you have the necessary rights, licenses and permissions to submit such content and to lawfully grant us the necessary rights in such content. You further represent and warrant that you will not upload any Content that violates the rights of any third party or that is unlawful to possess in your location or would be unlawful if displayed or offered for download on the Site. We reserve the right, in our sole discretion, to refuse or delete any user registration or otherwise restrict access to the Site.
Users can upload and publish links to GRUNDIG Bike's services. Linked websites are not under our control and we are not responsible for the contents of any linked website or any link contained in a linked website. We provide links only as a convenience, and the inclusion of any link does not imply endorsement by us of that website.
We understand that we cannot guarantee that files made available for downloading through the GRUNDIG Bike Services will be free of viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. It is your responsibility to maintain appropriate security precautions and procedures to ensure that any files you receive through GRUNDIG Bike's Services are free from such contamination.
- appropriateness
By using GRUNDIG Bike's Services, you agree that the disclaimers and limitations of liability contained in this Agreement are reasonable.
If you do not consider these to be appropriate, you may not use GRUNDIG Bike's services.
- Other parties
GRUNDIG Bike's Services may be linked to third party services (“Third Party Services”), some of which are affiliated with us and some of which are not. We have no control over the content and performance of third party services. We have not reviewed, and cannot review or control, all of the material, including computer software or other goods or services, made available through the Third-Party Services. Accordingly, we make no representations, warranties or endorsements regarding Third Party Services or the accuracy, currency, content, suitability, legality or quality of the data, materials, goods or services available through Third Party Services. We disclaim, and you agree to assume, all responsibility and liability for any damage or other harm that may arise to you or any third party as a result of the use of third party services.
You accept that, as a limited liability company, we have an interest in limiting the personal liability of our officers and employees. You agree that you will not assert any personal claim against our officers or employees or against GRUNDIG Bike companies in respect of any losses you suffer in connection with the GRUNDIG Bike Services.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability contained in this Agreement will protect our officers, employees, agents, subsidiaries, successors, assigns and subcontractors, as well as us and the GRUNDIG Bike Entities.
- Indemnification
Without limiting the indemnification provisions of this Agreement, you (the “Indemnifying Party”) agree to indemnify and hold us and the GRUNDIG Bike Entities (collectively, the “Indemnified Parties”) harmless from and against any and all claims, actions, demands, causes of action and other proceedings (each, “ Claim” and collectively “Claims”), defend, indemnify and hold harmless, attorneys’ fees and costs, and grant us sole and exclusive control of the defense of any proceeding, including the selection of counsel and any settlement negotiations related thereto arising out of or relating to: (i) the relationship between you and us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; (ii) your breach of this Agreement, including, without limitation, any representations or warranties contained in this Agreement; (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 Indemnitees; (v) your violation or alleged violation of any foreign, domestic, international, federal, state or local law or regulation; (vi) your violation of Section 8 regarding the prohibited use of the GRUNDIG Bike Services and other prohibited activities; or (vii) your violation or alleged violation of any third party’s copyright, trademark or other intellectual property or proprietary rights.
The Released Parties each have the right, but not the obligation, to participate, through counsel of their own choosing, in the defense of any Claim for which you are obligated to defend, indemnify or hold harmless each and/or all Released Parties . You are not entitled to settle a claim without the prior written consent of the relevant GRUNDIG Bike companies.
- Termination
16.1 Termination
Without limiting any other provision of this Agreement, we reserve the right, in our sole discretion and without explanation or liability, to refuse use of the GRUNDIG Bike Services to any person for any reason or no reason, including without limitation for breach or alleged breach of any representation, warranty or agreement contained in this Agreement or any applicable law or regulation. This Agreement will automatically terminate if you breach any of the representations, warranties or covenants contained in this Agreement. Such termination will be automatic and will not require any action on our part.
16.2 Effect of Termination
Termination of this Agreement automatically terminates all rights and licenses granted to you under this Agreement, including all rights to use the GRUNDIG Bike Services. In the event of termination, we will have the right, but not the obligation, in our sole discretion to terminate all Services and/or all of your personal information and any other files or data that you have provided to us or that otherwise relate to your use of the Services from GRUNDIG Bike to be deleted from our systems. Upon termination, you must cease all use of GRUNDIG Bike Services.
Following termination, we reserve the right to take any action we deem necessary to prevent your unauthorized use of the GRUNDIG Bike Services.
16.3 Continuity
Upon termination, all rights and obligations arising under this Agreement will terminate, except that the following sections will survive any termination of this Agreement: Sections 1-4 and 7-19.
17 Choice of law and place of jurisdiction
17.1 The law of the Federal Republic of Germany applies exclusively to this contract, excluding the UN Convention on Contracts for the International Sale of Goods and the norms of international private law that refer to it.
17.2 The contracting parties agree, to the extent permitted by law, to the exclusive jurisdiction of the court at the supplier's registered office for all disputes arising from and in connection with this contract.
- Explanations
All notices required or permitted under this Agreement must be in writing. We will deliver all notices by email to the last email address provided to us by the intended recipient. You agree that any communication you receive from us electronically will satisfy any legal requirement that it be in writing. You are solely responsible for ensuring that the email address you have on file with us is accurate and current, and notice to you will be effective upon our sending an email to that address. You must provide any notice to us by submitting the notice to us at support@grundig-bike.com.
- Miscellaneous
19.1 Assignment
We may transfer, subcontract or otherwise deal with any of our rights and/or obligations under the Agreement without notifying you or obtaining your consent. You may not 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 any court or other competent authority, the remaining provisions will remain in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted and the remainder of the provision will continue in effect.
19.3 No waiver
A waiver by either party of any term or condition or any breach of this Agreement in any one instance will not waive such term or condition or any subsequent breach.
19.4. Independent Contractors
You and we are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement.
19.5 No Third Party Beneficiaries
There are no third party beneficiaries of this Agreement, with the following exceptions: the Company Parties, Indemnitees, and our licensors and suppliers (to the extent expressly provided in this Agreement).
19.6 Entire Agreement
These Terms of Use, together with our Privacy Policy, constitute the entire agreement between you and us in relation to your use of the GRUNDIG Bike Services and supersede all prior agreements in relation to 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 top of the Agreement. If the change is material we will notify you in accordance with Section 18.
19.8 Contacting us
If you have any questions about our Terms of Use, please contact us at support@grundig-bike.com .