1. Definitions

• Offer: an offer from Ghost-Bikes GmbH (hereinafter: "Ghost") for the purchase of the product, which includes the purchase price, payment obligations, additional costs, an indication of the expected delivery time, and the applicability of these General Terms and Conditions; 

   

• Ghost: the company that sells bicycles and accessories under the trade name Ghost; 

   

• Cooling-off period: the period of 14 days after receipt within which a customer can exercise their right of withdrawal; 

   

• Right of withdrawal: the customer's option to withdraw from the distance contract within the cooling-off period; 

   

• Customer: a natural person who is not acting in a professional or commercial capacity and with whom Ghost concludes a distance contract; 

   

• Model withdrawal form: the European model withdrawal form included in Appendix 1 to these General Terms and Conditions; 

   

• Distance Contract: any contract concluded between Ghost and a Customer within the framework of an organized system for the sale of products, digital content, and/or services, which exclusively uses one or more means of distance communication up to the conclusion of the contract; 

   

• Party: either Ghost or the Customer; 

   

• Parties: Ghost and the Customer jointly; 

   

• Product: E-bike with its accessories and the contract chosen, if any, as sold by Ghost; 

   

• Website: raleighbicycles.com. 

2. Applicability

1. These General Terms and Conditions apply to all offers and contracts between Ghost and the Customer.
2. The text of these General Terms and Conditions will be made available to the Customer before the conclusion of the distance contract.
3. If the distance contract is concluded electronically, the text of these General Terms and Conditions will be made available to the Customer electronically before the conclusion of the distance contract in such a way that it can be easily stored by the Customer on a durable medium.
4. If Ghost does not insist on strict compliance with these General Terms and Conditions in a specific case, this does not mean that their provisions do not apply or that the Customer in any way loses the right to demand strict compliance with the provisions of these General Terms and Conditions in other cases.

3. Estimates and Offers

1. All offers from Ghost are subject to change unless a deadline for acceptance has been agreed.

2. Ghost is not liable for obvious typographical errors.

3. Each offer shall contain information clarifying the rights and obligations associated with the customer's acceptance of the offer. This concerns, in particular, the price including taxes, possible delivery costs, the manner of concluding the distance contract and the actions required for this, whether or not there is a right of withdrawal, the method of payment, delivery, and performance of the distance contract, the deadline for accepting the offer or the deadline within which Ghost guarantees the price, the amount of the distance communication tariff if the costs for using the means of distance communication are calculated on a basis other than the regular basic tariff for the means of communication used, whether the distance contract will be archived after its conclusion and, if so, how it can be viewed by the customer, and the manner in which the customer can review and, if desired, restore the information provided by them in the distance contract before concluding the distance contract.

4. The prices stated in an offer include VAT and other government taxes, as well as all costs that may be incurred in connection with the distance contract, including administrative costs, unless otherwise stated. Transport and assembly costs are shown separately and are expressly excluded from the prices stated in the offers.

5. If the acceptance deviates (even in insignificant respects) from the offer contained in the cost estimate, Ghost is not bound by it. The distance contract will not be concluded in accordance with this deviating acceptance unless Ghost states otherwise. Offers and cost estimates, including those in brochures and on the website, are subject to change and serve only as an invitation to place an order.

 

4. The Contract 

1. Subject to the provisions of paragraph 4, the distance contract is concluded at the moment the customer accepts the offer and fulfills the conditions set by Ghost.
2. If the customer has accepted the offer electronically, Ghost will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by Ghost, the customer may terminate the distance contract.
3. If the distance contract is concluded electronically, Ghost will take appropriate technical and organizational measures to secure electronic data transmission and ensure a secure online environment. If the customer can pay electronically, Ghost will take appropriate security measures.
4. To the extent permitted by law, Ghost may obtain information about the customer's ability to pay, as well as all facts and factors that are relevant for the responsible conclusion of the distance contract. If, as a result of this review, Ghost becomes aware of reasons that prevent the conclusion of the distance contract, it may refuse an order or request, stating the reasons, or make fulfillment subject to special conditions.

 

5. The Price

1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
2. Price increases after the conclusion of the distance contract are only permitted if the customer agrees to them.

 

1. The place of delivery is either the address provided to Ghost by the customer or, in the case of Click and Collect, the address of the selected retailer.
2. Delivery times are provided as approximate information only.
3. The customer may request delivery within a reasonable period of time in writing four weeks after a non-binding delivery date or non-binding delivery period has been exceeded. If Ghost fails to meet a delivery date or a delivery period expressly agreed as binding, If Ghost culpably fails to meet the delivery deadline, or if Ghost is in default for any other reason, the customer must grant a reasonable grace period for performance. If Ghost allows this grace period to expire without result, the customer is entitled to withdraw from the purchase contract.
4. In the event of termination in accordance with the previous paragraph, Ghost will refund (if applicable) the amount paid by the customer as soon as possible, but no later than 14 days after termination.
5. If delivery of an ordered product is not possible, Ghost will endeavor to deliver a replacement item. At the latest upon delivery, it will be clearly and comprehensibly indicated that this is a replacement item. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by Ghost.
6. The day and time of delivery depend on the carrier's route plan. It is not possible to reschedule an agreed date. No deliveries are made on Saturdays, Sundays, in the evenings, or on public holidays.
7. Delivery is made to the customer's front door or, in the case of Click and Collect, to the selected retailer. The carrier's employee may not enter the customer's home, shed, or other parts of the home without the customer's consent.
8. Until delivery by Ghost to the customer or to a representative designated in advance, the risk of damage and/or loss of products remains with Ghost, unless expressly agreed otherwise.
9. Ghost is entitled to outsource certain activities—such as warranty work, transport, and assembly of items—to third parties.
10. If, during the execution of the distance contract, it becomes apparent that changes or additions are necessary for its proper performance, the parties shall amend the distance contract promptly and by mutual agreement. If the nature, scope, or content of the distance contract is changed, whether at the request or indication of the customer, the competent authorities, etc., and the distance contract is thereby qualitatively and/or quantitatively altered, this may have consequences for the original agreements. This may result in an increase or decrease in the originally agreed amount. Ghost will communicate these price changes as far in advance as possible. A change to the distance contract may affect the originally stated performance period. The customer must expressly consent to the changes to the distance contract. If they do not consent, they have the right to terminate the contract in these cases.

 

7. Payment

1. Unless otherwise provided in the distance contract or the additional terms and conditions, the amounts owed by the customer must be paid within 14 days of the conclusion of the distance contract.
2. The customer is obligated to inform Ghost immediately of any inaccuracies in the payment information provided or transmitted.
3. If the customer defaults on payment, Ghost is entitled to charge interest at a rate of 5% above the respective base interest rate of the European Central Bank (ECB) from that date. Ghost reserves the right to prove higher damages.
4. All products delivered by Ghost remain the property of Ghost until the customer has fulfilled all of its payment obligations.

 

8. Right of Withdrawal

1. The customer has the option of withdrawing from a distance contract for the purchase of a product within a withdrawal period of 14 days without giving any reason. Ghost may ask the customer for the reason for the withdrawal, but is not obligated to give any reason. The withdrawal period begins on the day after the customer, or a third party other than the carrier designated by the customer in advance, receives the product.

2. The risk and burden of proof for the correct and timely exercise of the right of withdrawal rest with the customer.

 

9. Customer's Obligations During the Withdrawal Period

1. During the withdrawal period referred to in Article 8.1, the Customer is obliged to handle the Product and its packaging with care. They may only unpack or use the Product to the extent necessary to determine the nature, characteristics, and functioning of the Product. The principle applies that the Customer may only handle and inspect the Product in the same way as they would in a store. To determine the nature, characteristics, and functioning of the Product, they may only drive it a maximum of 10 kilometers.
2. The Customer is only liable for any depreciation of the Product resulting from handling of the Product that goes beyond the extent specified in paragraph 1.

 

10. Customer's Exercise of the Right of Withdrawal and Associated Costs

1. If the Customer exercises their right of withdrawal, they must notify Ghost within the withdrawal period using the model withdrawal form (Appendix 1) or by other unambiguous means.
2. The Customer is obliged to return the Product as soon as possible, but no later than 14 days after the day following the notification referred to in paragraph 1, in accordance with the reasonable and clear instructions given by Ghost, with all accessories included in the delivery and – if the product must be returned, as reasonably possible, in its original condition and packaging to the retailer to whom the product was delivered or to the nearest retailer.
3. If the customer exercises their right of withdrawal, they shall bear the costs of return, if any.
4. If the customer has paid an amount to Ghost, Ghost will refund this amount as soon as possible, but no later than 14 days after the return or withdrawal. The refund period begins on the day the product is received at Ghost's warehouse.

 

11. Exclusion of the right of withdrawal

1. Ghost may only exclude the customer's right of withdrawal to the extent provided for in paragraph 2 of this article.
2. An exclusion of the right of withdrawal is only possible for products: (a) that were manufactured by Ghost according to the customer's specifications; (b) that are clearly personal in nature; and/or (c) that cannot be returned due to their nature.

 

12. Conformity and Warranty

1. Ghost warrants that the products comply with the distance contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations applicable at the time the distance contract is concluded.
2. The product is subject to the statutory warranty period. To the extent permitted by law, Ghost sets this warranty period at two years for the entire product. The warranty does not cover damage or defects resulting from accidents, improper assembly or installation of the product by the user, improper or careless use, improper operation or modification of the product, maintenance contrary to the product's maintenance instructions, or lack of maintenance of the product by the customer. The warranty does not apply to parts subject to wear and tear during normal use and requiring replacement. Scratches and cosmetic damage (e.g., color fading and peeling paint) are not covered by the warranty.
3. The warranty period begins at the time of delivery to the customer, regardless of whether this is made via a retailer in the case of Click and Collect.
4. Warranty claims must be made to the nearest retailer, with the product available for inspection. At the same time, the original purchase receipt and the original warranty certificate supplied with the product must be presented to the nearest retailer.
5. The customer's rights under this article are without prejudice to their statutory rights.

 

13. Intellectual Property

1. All intellectual property rights to the products remain with Ghost at all times.
2. Ghost is entitled to use the knowledge acquired during the execution of a distance contract (with the exception of personal data) for other purposes, provided that third parties do not gain knowledge of the customer's strictly confidential information.

 

14. Data and Files, Data Protection

1. These General Terms and Conditions apply to the website(s) operated by Ghost and to all products and services offered and delivered by Ghost to customers via the Internet.
2. Ghost treats its customers' data confidentially. It will not be disclosed to third parties unless Ghost is legally obliged to do so, or disclosure is necessary for the delivery of the product or service. If the data provided by the customer is personal data, Ghost will comply with all applicable data protection laws and regulations when processing this data. The privacy policy on the Raleigh website explains which personal data Ghost processes for what purposes, and how the company handles data protection laws and regulations.

 

15. Subscription

1. Customers who have purchased a product have the option of purchasing a connectivity subscription via the website. This subscription can be purchased at any time subject to the applicable terms and conditions, which can be found on the website. If the customer chooses a subscription with insurance, if available, they must also accept the insurer's terms and conditions. Fees may apply for the various subscriptions: The prices are listed on the website. The customer has the right to cancel the subscription within 14 days of purchasing the subscription without giving any reason. The customer will then receive a full refund. 

 

16. Customer Service

1. The customer can contact Ghost using the contact form on the website or by phone at 09632 / 9255333. 

 

17. Applicable Law and Disputes

1. The contract with the customer is governed exclusively by German law, even if an obligation is fulfilled in whole or in part abroad or if the party involved in the legal relationship is domiciled abroad. The applicability of the UN Convention on Contracts for the International Sale of Goods is excluded.

 

18. Location and Amendment of Terms 1. 

1. These General Terms and Conditions can be viewed and downloaded from the website. The customer has declared that they have read and agreed to these General Terms and Conditions before the distance contract could be concluded. 

2. The German text shall generally prevail for the interpretation of these General Terms and Conditions. 

 

ANHANG 1: European Withdrawal Form 

Please only complete and return this form if you wish to withdraw from the contract.  

To [Entrepreneur's details]:  

I/we (*) hereby revoke my/our (*) contract for the sale of the following goods (*)/provision of the following service (*)  

Ordered on (*)/Received on (*)  

Name(s) of consumer(s)  

Address of consumer(s)  

Signature of consumer(s) [only if this form is submitted on paper]  

Date (*)

Delete as appropriate