I. General terms and conditions of production - tricargo eG
II. General terms and conditions of the workshop - tricargo eG
III. General terms and conditions of rental - tricargo Radlogistik Hamburg GmbH
IV. General terms and conditions of the web shop for end users - tricargo eG
V. General terms and conditions of services - tricargo Radlogistik Hamburg GmbH
Disclaimer: The translation of these terms and conditions was provided by the AI service Deepl.com. We do not take responsibility for any errors in other language versions. Only the German version of the terms and conditions is legally binding for our business. If you have any questions or need clarification, please feel free to contact us – we are happy to assist you.
I. General Terms and Conditions of tricargo eG - Production
1. Scope of application
1.1 These General Terms and Conditions (“GTC”) apply to all deliveries and services provided by tricargo e. G. (“seller” / “tricargo”) to the customer (“buyer”) and are an integral part of all contracts that the seller concludes with the buyer. They also apply to all future business, deliveries and services to the buyer, even if they are not separately agreed again and even if the seller, being aware of differing or conflicting terms, carries out the delivery of the goods without reservation. Any of the Buyer's terms and conditions that differ from or conflict with these Terms and Conditions shall not apply unless the Seller has expressly agreed to them in advance in writing or in text form (e.g. by email).
1.2 Unless otherwise agreed, these Terms and Conditions shall apply in the version valid at the time of the Buyer's order.
1.3 These GTC shall only apply to entrepreneurs in accordance with § 14 BGB (German Civil Code), legal entities under public law or special funds under public law within the meaning of § 310 para. 1 BGB. They do not apply to consumers and private individuals.
2. Subject matter of the contract, basis of the contract, changes to delivery and repeat orders
2.1 The Buyer shall award contracts to the Seller in the form of individual orders or individual contracts based on these GTC. Unless otherwise expressly stipulated in the individual contract award, the subject of the contract with tricargo shall be the sale and delivery of a movable item based on a purchase contract.
2.2 Information provided by the seller regarding the goods or services (e.g. weights, dimensions, utility values, load capacity, technical data) as well as illustrations and drawings are only approximately applicable, unless the usability for the contractually intended purpose requires exact conformity. They are not guaranteed characteristics of the purchased item, but descriptions or characterizations of the deliveries or services, unless otherwise agreed. Customary deviations or deviations that occur due to legal regulations, or technical improvements are permissible, provided they do not affect the usability for the contractually intended purpose.
2.3 The Buyer does not have the right to unilaterally change the scope of delivery and services of tricargo. Any change in delivery must be mutually agreed in advance between the parties, specifying any additional purchase price that may be incurred. All subsequent orders and supplements, as well as changes in services and deliveries, must always be confirmed in writing or text form by the seller in order to be effective. Otherwise, changes in delivery and services or extensions of services are not binding. The price will always be adjusted according to the additional costs.
2.4 Any additional deliveries or expenses that are not listed in the order confirmation but are actually carried out by tricargo at the express request of the buyer will be invoiced to the buyer as costs for additional services. The seller is entitled to reimbursement of expenses in accordance with its current rates. This also applies to necessary preparatory work and unforeseeable time expenditure or additional expenses caused by incorrect information provided by the Buyer or by untimely or unprofessional preliminary work by third parties, insofar as they are not agents of the Seller. The same applies to special services and additional orders.
3. Offer, Acceptance
If the order constitutes an offer as defined by § 145 BGB (German Civil Code), the seller is entitled to accept it within a period of four weeks.
4. Delivery and delivery time, default, default of acceptance, force majeure
4.1 Deadlines and dates for deliveries and services promised by the seller are always only approximate, unless a fixed deadline or date has been expressly promised or agreed. The seller expressly reserves the right to change the date. If shipment has been agreed, delivery times and delivery dates refer to the time of handover to the freight forwarder, carrier or other third party commissioned with the transport. The clarification of all technical questions is a prerequisite for the start of the delivery time specified by tricargo.
4.2 If the seller is unable to meet the agreed binding delivery times for reasons beyond its control (non-availability of the service, force majeure, pandemic-related restrictions), it will inform the buyer of this immediately and at the same time provide the expected new delivery time. If delivery is also not possible within the new delivery period or if performance becomes impossible, tricarco is entitled to withdraw from the contract in whole or in part; any consideration already provided by the buyer will be refunded. In particular, a case of non-availability of delivery in this sense is the untimely delivery by a supplier.
4.3 If the seller falls behind with a delivery or service or if a delivery or service becomes impossible, a reminder from the buyer is required in any case before any further steps are taken. In this case, the seller's liability is limited in accordance with section 10 of these terms and conditions.
4.4 Delivery is subject to the timely and proper fulfillment of the buyer's obligations. The right to object to the non-fulfillment of the contract remains reserved.
4.5 If the Buyer is in default of acceptance, fails to cooperate or if the delivery or performance by the Seller is delayed for other reasons for which the Buyer is responsible, the Seller shall be entitled to demand compensation for the resulting damage, including additional expenses (e.g. storage costs). The right to assert further claims is reserved. In this case, the risk of accidental loss or accidental deterioration of the goods shall pass to the buyer at the time of default in acceptance or other breach of duty to cooperate.
4.6 In the event of an obstacle to performance that was unforeseeable for the seller at the time of conclusion of the contract and for which the seller is not responsible, and which lies outside of its sphere of performance, such as a strike or events of force majeure or other events that could not be foreseen at the time of conclusion of the contract (e.g. operational disruptions of any kind, transport delays, lockouts, strikes, in their or a supplier company, official measures or the lack of, incorrect or untimely delivery by suppliers, pandemic-related restrictions / lockdowns), dates and deadlines for deliveries and services shall be postponed by a reasonable period of time, at least by the number of days during which the obstacle persists. Additional costs incurred due to force majeure events shall be borne by the customer alone. If the aforementioned events make it significantly more difficult or impossible for the seller to provide the delivery or service and the hindrance is not only of a temporary nature, the seller is entitled to withdraw from the contract.
5. Place of performance, shipment, transfer of risk, default of acceptance by the buyer, acceptance
5.1 The delivery of the goods is ex warehouse, which is also the place of fulfillment for the delivery and any subsequent performance. At the request and expense of the buyer, the goods will be shipped to a different destination (sale to destination according to buyer's instructions). Unless otherwise agreed, the seller is entitled to determine the type of shipment (in particular, the transport company, shipping route, packaging).
5.2 The risk of accidental loss and accidental deterioration of the goods shall pass to the buyer at the latest upon delivery. In the case of mail order purchases, the risk of accidental loss and accidental deterioration of the goods, as well as the risk of delay, shall pass to the buyer at the time of dispatch, i.e. when the goods are handed over to the carrier, freight forwarder or other person designated to carry out the shipment.
6. Prices, Payment
6.1 All prices are net prices in euros plus the respective statutory value added tax. Prices are ex works plus the costs of packaging, customs, fees and public charges, unless expressly agreed otherwise.
6.2 The purchase price shall be due for payment as stated in the order confirmation or invoice, otherwise it shall be payable without any deduction within 14 days of the invoice date at the latest. The deduction of a discount shall require a special agreement in written or text form.
6.3 If the customer does not pay on time, he shall be in default without further explanation by the seller. During the period of default, interest shall be paid on the purchase price at the applicable statutory interest rate (currently 9 percentage points above the ECB base rate). If due payments on the purchase price are not made or not made on time by the buyer despite a reminder and a reasonable deadline being set, the seller is entitled to withdraw from the contract and to charge the client withdrawal costs and/or compensation costs.
6.4 The seller shall notify the buyer of any subsequent increases in the price of materials or other cost increases that were unforeseeable at the time the contract was concluded. These may result in an amendment to the agreed purchase price, which shall then be increased by mutual agreement. The seller may refuse to deliver and perform the service until such time as the remuneration has been adjusted.
7. Retention of title, copyrights
7.1 The goods remain the property of the seller until all payments from the buyer have been received in full. The seller reserves ownership of the sold goods. In the event of a breach of contract by the buyer, including default in payment, the seller is entitled to take back the goods. The buyer must treat the goods with care, insure them appropriately and, if necessary, maintain them.
7.2 As long as the purchase price has not been paid in full, the Buyer shall immediately inform the Seller in writing or text form if the goods become subject to rights of third parties or other interventions by third parties, such as threatened attachments. The goods and items subject to retention of title may not be sold or pledged to third parties or assigned as security before full payment of the secured claims.
7.3 The buyer is not entitled to resell the goods subject to retention of title.
7.4 All image, text or film material handed over or sent by the seller to the buyer is protected by copyright law as a personal intellectual creation. It is and remains the intellectual property of the seller even after payment of the purchase price. Any works created as part of the order may only be used for the contractually specified purpose. The buyer shall receive a simple, non-transferrable and non-exclusive right of use for the purpose of the contract for all image, text or film material. It extends only to the types of use known at the time of the conclusion of the contract. Any other type of use, modification or disclosure to third parties requires the prior written or text form consent in each case.
8. Warranty
8.1 The seller shall provide its deliveries and services in accordance with the provisions of the German Civil Code (BGB) with the contractually agreed quality. All product descriptions that are the subject of the individual contract or that have been publicly announced by the seller (e.g. on the website) shall be deemed to be an agreement on the quality of the goods. If the quality has not been agreed, the question of whether a defect is present or not shall be assessed according to the statutory regulation (Section 434 (1) sentences 2 and 3 BGB). The Vendor shall not assume any liability for public statements made by the manufacturer or other third parties (e.g. advertising statements). The statutory provisions shall apply to the rights of the buyer in the event of material defects and defects of title, unless otherwise specified below.
8.2 The Buyer's claims for defects presuppose that he has fulfilled his statutory inspection and notification obligations (Section 377 of the German Commercial Code (HGB)). If a defect becomes apparent upon delivery or inspection of the goods or at any later point in time, the Seller must be notified of this in writing or text form without undue delay. In any case, obvious defects must be reported in writing or in text form within 3 working days of receipt and for defects not recognizable during the inspection, within the same period of time from discovery. If the buyer fails to properly inspect the goods and/or report defects, the seller shall not be liable for the defect that was not reported, or not reported in time or not properly, in accordance with the statutory provisions.
8.3 If services give cause for justified complaint, the seller has the right, at its option, to rectify the defect (removal of the defect) or to provide subsequent performance by delivering a defect-free item (replacement delivery). If the rectification or subsequent performance fails despite two attempts, the buyer has the legal rights. Claims for defects do not exist in the case of only insignificant deviation from the agreed quality or only in the case of insignificant impairment of the usability of the work. The right of the seller to refuse subsequent performance under the statutory conditions remains unaffected. The seller is entitled to make the subsequent performance dependent on the buyer paying the due purchase price. However, the Buyer is entitled to withhold a reasonable portion of the purchase price in proportion to the defect.
8.4 The Buyer shall give the Seller the time and opportunity necessary for the subsequent performance owed and, in particular, hand over the rejected goods for inspection purposes. In the event of a replacement delivery, the Buyer shall return the defective item in accordance with the statutory provisions.
8.5 Notwithstanding § 438 para. 1 no. 3 BGB, the general limitation period (warranty period) for claims arising from material defects and defects of title is 12 months from the transfer of risk. The aforementioned limitation period under sales law shall also apply to contractual and non-contractual claims for damages by the buyer that are based on a defect in the goods, unless the application of the regular statutory limitation period (§§ 195, 199 BGB) would lead to a shorter limitation period in individual cases. Claims for damages by the buyer in relation to damage to life, limb or health as well as under the Product Liability Act shall become time-barred exclusively in accordance with the statutory limitation periods.
9. Exclusion of set-off, retention, assignment
The buyer is only entitled to set-off insofar as its counterclaims are undisputed, recognized by tricargo or legally established by a court of a member state of the EU. The buyer is only entitled to assert rights of retention based on counterclaims arising from the same contractual relationship. The buyer may not assign his rights and obligations arising from the contractual relationship with the seller to third parties, either in whole or in part.
10. Liability, Limitation of Liability
10.1 The seller is liable in the context of fault-based liability in the event of intent or gross negligence. In the event of slight negligence, the seller is only liable for damages resulting from the significant breach of a material contractual obligation (cardinal obligation). In this case, the claim for damages against the seller is always limited to the foreseeable, contract-typical damage at the time of the conclusion of the contract, depending on the type of delivery and service. This shall also apply to slightly negligent breaches of duty by the Seller's legal representatives and vicarious agents. Furthermore, the Seller's liability for damages caused by it or its vicarious agents through slight negligence shall be limited to €50,000.00 per damaging event for property and pecuniary damages.
10.2 All the liability restrictions stated in figure 10.1 shall not apply to liability for damages due to loss of life, physical injury or health impairment. The liability restrictions resulting from figure 10.1 shall also apply to breaches of duty by or for the benefit of persons for whose fault the seller is
provisions, i.e. also for their organs or vicarious agents. They shall not apply if the Seller has fraudulently concealed a defect or has assumed a guarantee for the quality of the goods or for claims of the Buyer under the Product Liability Act.
10.3 The Seller shall not be liable for indirect damages, such as lost profits or lost savings of the Buyer.
11. Data protection
11.1 The Seller shall inform the Buyer about the processing of his personal data in the data protection declaration on the website and in the data protection notice. The Seller shall comply with the provisions of the BDSG and the DSGVO when processing personal data. Personal data is all data that personally refers to a person or makes them identifiable (e.g. name, address, e-mail address). These data are processed to the extent necessary for the appropriate processing of inquiries, for the implementation of pre-contractual measures or for the fulfillment of the contract from the purchase contract. The data processing is permissible for the purposes mentioned in accordance with Art. 6 Para. 1 S. 1 lit. b DSGVO. The data will not be passed on to unauthorized third parties without the express consent of the customer. The customer has the option at any time to access their stored personal data, to request information about it, to have it changed, corrected or deleted, to have its processing restricted, to object to its processing, to have it transferred or to complain to a supervisory authority about its processing (all rights under Art. 15 to 20 GDPR). The data will be deleted if it is no longer required for the fulfillment of the contract or if its storage is not permitted by law. If personal data of the buyer are processed on the basis of legitimate interests in accordance with Art. 6 (1) sentence 1 point f GDPR, the buyer has the right to object to the processing of his personal data in accordance with Art. 21 GDPR if there are reasons for doing so arising from his particular situation. The buyer can exercise his right of objection by sending an e-mail to info@tricarcargo.de or by contacting the seller at the address given below.
11.2 By sending a message info@tricargo.de to info@tricargo.de, the buyer can also object to the use or processing of his data for advertising, market or opinion research or for marketing purposes at any time and free of charge .
12. Applicable law, place of jurisdiction
12.1 German law applies exclusively to the entire contractual and legal relationship between the parties and to all legal disputes in connection with this contract, excluding international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction is Hamburg. Its courts have exclusive international and local jurisdiction.
12.2 Should individual provisions of these GTC be invalid, the validity of the remaining provisions shall not be affected. In this case, the parties undertake to replace the invalid provision with a valid provision that comes as close as possible to the economic purpose of the invalid provision.
II. General Terms and Conditions of tricargo eG - Workshop
1. Scope of application
These General Terms and Conditions (“GTC-Workshop”) apply to all workshop deliveries and workshop services provided by tricargo e. G. (“seller” or “contractor” / “tricargo”) to the customer (“buyer” or “client”). Customers in the sense of these provisions are both consumers (any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity) and entrepreneurs (any natural or legal person or a legal partnership that acts in the exercise of their commercial or independent professional activity when concluding a legal transaction).
2. Placing an order
2.1 The repair order must specify the services to be provided and indicate the estimated or binding completion date.
2.2 tricargo is authorized to subcontract.
2.3 Items handed over for repair will only be handed over upon presentation of the repair order.
3. Prices and Cost Estimates
3.1 At the request of the client, tricargo will also indicate the prices that are expected to be applied when the order is carried out. Prices in the repair order can also be indicated by referring to the relevant items of the prices available at tricargo.
3.2 If the client wishes to receive a binding price quotation, a written cost estimate is required, in which the work and the used installation/replacement parts are to be listed in detail and provided with the respective price. Tricargo is bound to this cost estimate for a period of 4 weeks after its submission.
3.3 The services provided to submit a written cost estimate will be charged to the client at €50.00 including 19% VAT (€42.02 plus €7.98 VAT) if no order is placed on the basis of the cost estimate.
3.4 tricargo is entitled to request a reasonable advance payment when the order is placed.
4. Completion
4.1 If the scope of work changes or expands compared to the original order and this results in a delay, tricargo must state the reasons and provide a new completion date.
4.2 If tricargo is unable to meet the completion date due to force majeure or operational disruptions through no fault of its own, there is no obligation to pay compensation for the resulting delays, nor to provide a replacement vehicle or to reimburse the costs of using a rental vehicle. tricargo is obliged to provide information about the delays as far as possible and reasonable.
5. Acceptance
5.1 Unless otherwise agreed, the acceptance of the subject matter of the contract by the client takes place at Waidmannstraße 12 in 22769 Hamburg. The client is obliged to pick up the subject matter of the contract within 5 days of receipt of the notification of completion.
5.2 In case of non-acceptance, tricargo can charge a storage fee of €5.00 including 19% VAT (€4.20 plus €0.80 VAT) for each day or part thereof.
The object of the order can also be stored elsewhere at tricargo's discretion. The costs and risks of storage shall be borne by the client.
5.3 If the object to be repaired is not collected within 4 weeks after the last set deadline, the client, by taking note of these general terms and conditions, expressly agrees that the object to be repaired can be disposed of by tricargo at its own discretion (§929 sentence 2 BGB).
6. Invoicing of the order
6.1 The invoice must show the prices for the work performed and for any spare parts and materials used separately.
6.2 If the collection or delivery of the object of the order is agreed at the request of the client, these shall be at his expense.
6.3 If the order is executed on the basis of a binding cost estimate, a reference to the cost estimate is sufficient, with only additional work to be listed separately.
6.4 Complaints regarding the invoice amount or the workshop service must be made no later than 5 days after delivery of the object of the order and the invoice.
After that, the stated invoice amount shall be deemed to have been mutually agreed.
7. Payment
7.1 The invoice amount and the prices for additional services are due for payment without deduction when the repair item is accepted and handed over electronically by debit card, but no later than 5 days after notification of completion and handover or sending of the repair invoice.
7.2 The client can object to an unauthorized debit in the case of electronic payment by debit card within 7 days. If a chargeback is made without authorization or in an abusive manner, fees of €40.00 per chargeback will be incurred, which will be charged to the cardholder.
8. Extended Lien
8.1 Due to its claims arising from the contractual relationship, tricargo has a contractual lien on the objects that have come into its possession as a result of the order until full and incontestable payment has been made.
8.2 The contractual lien can also be asserted for claims arising from work carried out earlier or for other services, provided that they are related to the client.
9. Limitation of liability for defects
Claims by the client for defects become time-barred one year after acceptance of the subject of the contract.
If the client accepts the subject of the contract despite being aware of a defect, he is only entitled to claims for defects if he reserves the right to do so at the time of acceptance.
10. Liability
Tricargo is only liable for damages that can be traced back to the material used in the repair and the work performed during the repair. Liability only exists in the event of a material breach of contractual obligations. Insofar as the damage is covered by an insurance policy taken out by the client for the respective claim, tricargo is only liable for any associated disadvantages of the client.
The personal liability of legal representatives, agents and employees of tricargo for damages caused by them through slight negligence is excluded.
11. Applicable Law, Place of Performance and Jurisdiction
11.1 German law applies exclusively to the entire contractual and legal relationship between the parties and all legal disputes in connection with this contract, excluding international uniform law, in particular the UN Sales Convention. Place of performance and jurisdiction. Its courts have exclusive international and local jurisdiction.
11.2 Should individual provisions of these terms and conditions be invalid, the validity of the remaining provisions shall not be affected. In this case, the parties undertake to replace the invalid provision with a valid provision that comes as close as possible to the economic purpose of the invalid provision.
12. Data protection
12.1 Tricargo informs the customer about the processing of his personal data in the data protection declaration on the website and in the data protection notice. Tricargo complies with the provisions of the BDSG and the DSGVO when processing personal data. Personal data is all data that personally refers to a person or makes them identifiable (e.g. name, address, email address). These data are processed to the extent necessary for the appropriate processing of inquiries, for the implementation of pre-contractual measures or for the fulfillment of the contract. The data processing is permissible for the purposes mentioned in accordance with Art. 6 Para. 1 S. 1 lit. b GDPR. The data will not be passed on to unauthorized third parties without the express consent of the customer. The customer has the option at any time to access their stored personal data, to request information about it, to have it changed, corrected or deleted, to have its processing restricted, to object to its processing, to have it transferred or to complain to a supervisory authority about the processing (all rights under Art. 15 to 20 GDPR). The data will be deleted if it is no longer required for the fulfillment of the contract or if its storage is not permitted by law. If personal data of the buyer are processed on the basis of legitimate interests in accordance with Art. 6 Para. 1 S. 1 lit. f DSGVO, the buyer has the right to object to the processing of his personal data in accordance with Art. 21 DSGVO, provided that there are reasons for doing so that arise from his particular situation. The buyer can exercise his right to object by sending an email to info@tricarcargo.de or by contacting tricargo at the address below.
12.2 By sending a message to info@tricargo.de, the customer can also object to the use or processing of his data for purposes of advertising, market or opinion research or for marketing purposes at any time and free of charge.
Detailed information on data protection can be found at https://tricargo.de/privacy.
13. Dispute resolution procedure
We do not participate in dispute resolution proceedings before a consumer arbitration board and are not obliged to do so.
III. General Terms and Conditions of tricargo Radlogistik Hamburg GmbH - Rental
The key points of the rental contract in a nutshell:
- The subject of the contract is the rental of a cargo bike including accessories such as a lock, battery and charger.
- Your obligations include the proper and contractual use, timely payment of the rent and the punctual return of the bike at the end of the rental period.
- You are liable for any damage to the bicycle caused by you or authorized users. Fines and cleaning costs may also be charged to you.
- The bicycle is fully insured by the lessor – in the event of damage, you only pay the excess.
- The lessor takes care of regular maintenance and repairs. You must report any major defects to him immediately.
- You can extend the rental period, but you need to get permission to sublet.
- Late returns will incur additional fees and penalties.
- German law applies, and the place of jurisdiction is Hamburg.
1. Scope
1.1 These General Terms and Conditions (GTC) apply to all business relationships for the rental of vehicles (hereinafter referred to as “cargo bike”) for the exclusive use of the customer between the respective contracting user of the cargo bike (hereinafter referred to as the “renter”) and tricargo Radlogistik Hamburg GmbH (hereinafter referred to as the “lessor”).
1.2 Any deviating terms and conditions of a CUSTOMER shall not apply.
2. Subject matter and conclusion of the contract, rental period
2.1 The subject of this contract is the rental of a cargo bike (“rental vehicle”) for use as a means of transport, including a lock, keys, battery and charger (“accessories”). A rental contract for movable property for the intended use is agreed between the lessor and the lessee. The minimum age of the tenant is 18 years of age. However, if a contract is concluded by a minor, it can be freely revoked by tricargo until it is approved by the legal representative. The tenant is responsible for ensuring that the authorized drivers fulfill the obligations arising from this contract.
2.2 The tenant receives an individual offer from tricargo according to his specifications with the type and number of cargo bikes and accessories, the rental period and the amount of rent in electronic form. On the basis of the offer received from tricargo and these terms and conditions, the customer submits his binding rental order for the rental vehicle in a binding manner using the link provided to him or otherwise in text form.
2.3 The rental contract is concluded with the acceptance by tricargo as the lessor, of which it informs the tenant in writing with the order confirmation. The contract is concluded for a binding limited period for the rental period chosen by the tenant and confirmed with the order confirmation. The tenant is not entitled to receive a written rental contract. Furthermore, the lessor is free to accept the booking order. The bindingly confirmed rental vehicle, together with its accessories, can be found in the order confirmation, along with its type, year of manufacture and all details. The method of payment can also be found in the order confirmation.
2.4 The renter has no right of withdrawal.
2.5 The subletting of the rental vehicle and the transfer to third parties, whether for commercial or private use, is generally not permitted, unless tricargo has expressly agreed to such a transfer in writing or text form, stating a surcharge in writing or text form, before handing over the rental vehicle to the renter.
3. Delivery and return of the rental vehicle
3.1 The rental vehicle together with all accessories will be handed over to the Lessee at the time and place specified in the order confirmation. The rental period begins with the delivery of the cargo bike. When picking up the vehicle, the lessee must provide a suitable form of identification. The lessor will provide the rental services with the necessary care and is entitled to use third parties in its own name as agents at its own discretion to hand over the rental vehicle.
3.2 If the order confirmation cannot be presented when the rental vehicle is picked up, tricargo may refuse to hand over the rental vehicle or to carry out any necessary maintenance or repair work.
3.3 The rental company shall hand over the rental vehicle to the renter in a technically flawless, usable, roadworthy and clean condition.
3.4 When the rental vehicle is handed over to the Lessee and when it is returned by the Lessee to the Lessor, the form “Handover protocol & terms of use: Lademeister (Miete)” must be completed and signed by the Lessor and the Lessee. The handover protocol can be created and signed electronically. The condition of the rental vehicle and the presence of accessories and/or damage to the rental vehicle are recorded in a binding manner in the handover protocol. The handover protocol becomes part of the contract. The protocol, lock, key, battery and charger are handed over with the rental vehicle. The rental vehicle is cleaned when it is handed over to the Lessee. The Lessee is not entitled to have copies of the key for the rental vehicle made.
3.5 If the Lessee has arranged for the rental vehicle to be delivered and the Lessor has confirmed this in text form, the Lessee shall bear the costs of delivery.
3.6 The rented vehicle shall be returned to the place of delivery. The rented vehicle shall be returned to the Lessor at the agreed place of return in the same condition as when it was handed over, cleaned, (if possible) charged and in working order with all accessories, locks, keys, batteries and charger(s).
3.7 If the renter has not made the rented vehicle available for return at the designated return location at the agreed time and has caused a pick-up, or if the rented vehicle is picked up by the rental company at the instigation of the renter, the renter shall bear the costs of the pick-up by the rental company, in particular the costs of return transport, a search and all associated expenses.
3.8 When the vehicle is handed over, the Lessee will be instructed on how to use the cargo bike.
4. Rental fee and costs, deposit
4.1 The Lessee shall pay the rental fee stated in the order confirmation / invoice upon conclusion of the contract and before delivery of the rental vehicle. This is always stated net plus statutory VAT. The total rental price includes comprehensive insurance and theft insurance, as well as regular maintenance at the locations / stations designated by the lessor (usually the handover location), which the lessee is obliged to carry out. The kilometer driven is free of charge. The lessee is responsible for charging the rental vehicle and must pay for this.
4.2 The timeliness of the payment is determined by the receipt of the payment on the account of tricargo.
4.3 In the event of non-payment or incomplete payment of due payments, the lessor has the legal right to refuse to provide its services until the consideration has been paid (objection of non-performance of the contract), i.e. it does not have to hand over the rental vehicle. If a due payment is not made by the tenant despite a reminder and a reasonable deadline, tricargo is also entitled to withdraw from the contract and to charge the tenant for cancellation costs and damages.
If the tenant is in default, tricargo is entitled to charge default damages, in particular default interest at the statutory rate (9 percentage points above the ECB base rate), as well as all legal costs.
4.4 An extension of the rental period is possible, but requires a new offer from tricargo to the tenant in the sense of clause 2.2 and a separate order confirmation according to clause 2.3. The tenant is not entitled to keep the rental vehicle without re-booking and receiving an order confirmation. Continued use of the rental vehicle does not extend the rental relationship and § 545 BGB does not apply. The lessor hereby objects to any extension of the lease through continued use. If the lessee has not received a new order confirmation despite booking or if the necessary new booking fails, the lessee must in any case return the rental vehicle at the scheduled time at the place of delivery and may not continue to use it. The lessor reserves the right to take criminal action.
4.5 If the Lessee does not return the rental vehicle to the Lessor at the end of the agreed rental period, the Lessor is entitled to demand compensation from the Lessee for the duration of the withholding of the rental vehicle. This compensation shall be calculated as the pro-rata fee for the extended rental period per day of withholding, in line with the amount of the previously agreed rental fee. In addition, the lessor reserves the right to claim further damages for which the lessee is responsible. In this case, the lessor can also demand an appropriate contractual penalty of at least €1,500.00, which can be reviewed by a court of law in the event of a dispute. Further claims for damages remain unaffected.
4.6 The lessee must pay a deposit of €650.00 by bank transfer to the account of tricargo indicated in the order confirmation when the contract is concluded and before handover. The deposit serves to secure the lessor's counterclaims arising from the lease and is due immediately. The deposit will usually be refunded promptly after the rented vehicle has been returned and inventoried. If counterclaims need to be examined, the deposit will be refunded no later than 14 days after the rented vehicle has been returned, whereby the costs for any damage incurred will be invoiced and can be deducted from the deposit.
4.7 The costs for any necessary interior cleaning of the cargo space of a cargo bike or other cleaning of the rented item, in particular the removal of inadmissibly applied adhesive films, shall be borne by the renter. The rental company is entitled to request the renter to clean the rented item by a certain date. If the Lessee does not rectify the defect, the Lessor may restore the proper condition itself and charge the Lessee for the cleaning costs.
5. The Lessee's obligations to cooperate and behave
5.1 The Lessee warrants that the data provided by him is correct and complete. The Lessee must immediately notify any changes to personal or company data in writing or text form.
5.2 The lessee may only use the vehicle themselves or through employees of their company if they have received written instruction. They must check independently whether these persons meet the requirements for driving the respective cargo bike, in particular whether they are sufficiently fit to drive.
5.3 The renter is obliged to use and treat the rented vehicle carefully, gently, conscientiously and with care. He is obliged to charge the battery of the rented vehicle only with the original charger supplied by tricargo. The rented vehicle may only be driven at an appropriate speed.
5.4 If the controls on the cargo bike indicate a problem, the renter must act in accordance with the instructions in the operating manual for the vehicle. The renter agrees not to exceed the permissible total weight and to regularly check the tire pressure. The technical specifications must be adhered to.
5.5 The lessee is obliged to have the regular maintenance carried out by the lessor at the places designated by the lessor (place of delivery) and to always comply with a corresponding request from tricargo to make the rental vehicle available for repair and maintenance work without delay. tricargo may demand the return of the vehicle from the renter at any time in the event of a breach of this obligation and is entitled to terminate the contract extraordinarily in accordance with section 11. During regular maintenance, the rental vehicle is serviced in such a way that it is checked for safety and operational readiness, for example by checking the air pressure in the tires, refilling operating fluids and cleaning the rental vehicle and its components. Small wear parts can also be replaced free of charge. Defects or damage to the rental vehicle caused by the renter are not covered by the maintenance included in the rental price from tricargo and the renter must report these and bear all associated maintenance and repair costs themselves. It is recommended that the renter check the scope of coverage of their business liability insurance. The renter is liable for all damage to the rental vehicle and its accessories that they have caused intentionally or negligently.
5.6 The Lessee is obliged to inform the Lessor at any time, at the Lessor's request, of the current mileage of the rental vehicle in text form, if necessary at short notice, in particular if maintenance is due in accordance with section 5.5.
5.7 The Lessee may not make any technical changes to the rental vehicle. The Lessee may not change the appearance of the rental vehicle, in particular by painting, applying stickers or adhesive films. Existing stickers or adhesive films may not be removed. The Lessee may not make any installations or conversions or remove the GPS tracking tool (if available).
5.8 The Hirer may only use the rental vehicle within the geographical limits prescribed in the order confirmation. If the Hirer wishes to use the vehicle in other areas, the prior consent of the Rental Firm in written or text form is required.
5.9 The rental vehicle may only be used on public roads. The Lessee is obliged to protect the vehicle from overuse in every way. Use for the following purposes is strictly prohibited: participation in races and similar events (competitions, sporting events), participation in off-road driving, participation in vehicle tests or safety training, transportation of highly flammable, toxic or hazardous substances.
5.10 The renter may only use the rental vehicle on paved roads, not in rough terrain, such as across forests and fields. The rental vehicle may not be used in extreme and dangerous weather, such as heavy rain, storms, snow or freezing rain. The rental vehicle may only be used properly and the permissible maximum loads must be adhered to. The same applies to animals of all kinds.
5.11 During evening and night hours, the vehicle must be parked in closed rooms or safely in outdoor areas.
5.12 The renter is obliged to use the rented vehicle only in accordance with the relevant legal regulations, in particular the StVG and the StVO, and in particular not to drive the vehicle under the influence of alcohol or other intoxicating substances. These requirements also apply to all organs, employees, staff or other agents of the tenant. Any penalties resulting from violations of the law or administrative offenses by the tenant or his agents, such as fines, shall be borne by the tenant and shall be paid by him in the specific amount. If such sanctions, penalties or measures are imposed on tricargo, the renter is obliged to immediately indemnify tricargo from this on first request and to pay these costs to tricargo, including a processing fee, according to its current rates.
5.13 If Tricargo is obliged, in the event of an accident or for any other reason in connection with the use of the rented vehicle, to disclose the identity of a person who was driving or using the rented vehicle at the time in question to the authorities or other authorized third parties,
was driving or using the rental vehicle at the time in question, the renter must immediately provide the identity of that person upon request, including location data transmitted by the GPS device attached to or on the rental vehicle (if available).
5.14 The use of the rental vehicle is at the sole risk of the renter and the persons driving the vehicle.
5.15 At the request of tricargo, the tenant is obliged at any time to make the rented vehicle available to tricargo at his own expense for the purpose of inspection and technical inspection, or to have it made available by vicarious agents, in particular to check the behavioral and cooperation obligations regulated in this section when using the rented property.
6. Restrictions on use, repairs, force majeure
6.1 The Hirer shall, upon delivery of the rental vehicle and at the beginning of each journey, ensure the functionality and operational safety of the rental vehicle and, in particular, check the tire pressure, the functionality of the lighting, the battery and the on-board computer, as well as the stability of the wheels, saddle and handlebars.
6.2 If the Lessee discovers a defect or fault in the rental vehicle during the rental and usage period that significantly limits the usability of the vehicle or makes extensive repairs necessary, the Lessee must notify the Lessor immediately, sending a photo of the defect or fault. The Lessor will then decide whether to repair the rental vehicle, retain it or provide a replacement vehicle. The rental vehicle can usually be repaired at the place of delivery. The repair by a third party commissioned by the renter himself is not permitted.
6.3 If the road safety of the vehicle is no longer guaranteed due to the damage or if the damage threatens to increase as a result of continued driving, the renter or driver is no longer permitted to drive the vehicle without the express consent of the rental company in written or text form. The renter or driver may only drive the vehicle again after the repair or after the lessor has given his express consent. If the defect cannot be remedied immediately by a short-term repair, both parties to the contract shall have the right to terminate the contract without notice. The renter shall remain obliged to pay the agreed rent on a pro-rata basis until the defect or fault occurs. The renter has no right to receive a replacement rental vehicle from the rental company, unless the defect was caused intentionally or through gross negligence by the rental company. Claims for price reduction and compensation are excluded to the same extent, in particular because tricargo always offers and carries out repairs during the rental period. In the event of repairs during the rental period, the renter has no right to claim for any transport costs of the rental vehicle or for their own travel costs.
6.4 Insofar as the lessor is unable to remedy the situation as a result of a culpable failure on the part of the lessee to report the situation, the lessee is not entitled to assert warranty rights.
6.5 In the event of force majeure, such as official measures and closures, including measures to combat disease, natural disasters, epidemics, pandemics, quarantine, political unrest or strikes, which make it partially or completely impossible to perform the service, the contractual obligations shall continue to exist to the extent that they can be performed despite the force majeure. If the performance becomes permanently impossible due to such force majeure obstacles, tricargo is released from the contractual obligations to that extent. In the event of force majeure that could not be foreseen at the time of the conclusion of the contract and that makes it impossible to perform, both the lessor and the tenant can terminate the contract with immediate effect.
There will be no refund for the rental period already paid.
7. What to do in the event of an accident, traffic accident, theft, damage, liability of the tenant
7.1 If the renter, while using the rental vehicle, is involved in an accident, traffic accident, damage caused by game, fire, theft or a similar event causing damage, whether or not they are at fault, they must immediately ensure that the accident or damage is recorded by the police and must notify the police and involve them. In particular, the Lessee shall report the damage to the nearest police station if the police cannot be reached by telephone. This also applies if the rented vehicle was only slightly damaged or in the case of accidents for which the renter is responsible and in which no third parties were involved. The renter must report the accident to the rental company immediately and send it a written accident report, including a sketch of the accident if necessary, and provide all information relevant to the insurance company. The renter must also include the names and addresses of the parties involved and witnesses in writing.
7.2 The renter is liable for all damage to the vehicle that can be attributed to operating errors, overuse or the violation of other obligations arising from section 5 of this contract during the rental period. The Lessee shall be equally liable for any damage culpably caused by his relatives, workers, employees, co-drivers or other third parties who come into contact with the vehicle through or via the Lessee, including if the Lessee culpably fails to provide the Lessor with the personal and factual information necessary to enforce any claims for compensation. The Lessee shall also be liable if the damage is not discovered until after the vehicle has been returned (hidden damage). In addition, the Lessee shall be liable by law for all damage to the rental vehicle that he has caused. The Lessee must insure himself against liability losses. Liability insurance is expressly recommended.
7.3 The rental vehicle is fully comprehensive and insured against theft. In the event of intentional or grossly negligent destruction, damage or loss of the rental vehicle, the renter shall be liable for compensation. In the event of damage, the renter shall bear the excess agreed with the insurance company and shall indemnify tricargo against any payments made in this regard.
7.4 If damage occurs to the transport bike during the rental period, it is assumed that the renter is responsible for the damage, unless he can prove that the damage occurred through no fault of his own.
7.5 Compliance with existing regulations and laws, in particular the road traffic regulations, during the use of the vehicle is the sole responsibility of the renter. The renter shall indemnify the rental company against all fines and warning fees, fees or other costs that the authorities may impose on the rental company for such violations.
8. Liability, tricargo's limitations of liability, limitation
8.1 The lessor is liable for intent or gross negligence. In the case of slight negligence, the lessor is only liable for damages resulting from the significant breach of an essential contractual obligation (cardinal obligation). The claim for damages against the lessor is always limited to the foreseeable, contract-typical damage at the time of the conclusion of the contract, depending on the type of service, in the event of a slightly negligent breach of contractual obligations. The aforementioned liability limitations shall also apply to slightly negligent breaches of duty by the legal representatives and vicarious agents of the contractor. This limitation of liability shall not apply to compensation for damages due to injury to life, limb or health.
8.2 Except in cases of intent and gross negligence, the lessor shall not be liable for indirect damages, such as additional expenses, lost profits or unrealized savings.
8.3 The lessee is obliged to cooperate in the event of disruptions to services within the framework of the statutory provisions on the duty to mitigate damages, to avoid possible damages or to keep them to a minimum.
8.4 Claims for damages due to property and financial losses become time-barred within one year from the date of performance, insofar as the damage is not based on an intentional or grossly negligent breach of duty by the landlord or one of its agents. All claims arising from tortious acts, as well as claims for compensation for bodily injury, are subject to the statutory limitation period.
9. Data protection
9.1 Tricargo informs the tenant about the processing of his personal data in its data protection information. Tricargo complies with the provisions of the BDSG and the DSGVO when processing personal data. Personal data is all data that personally refers to a person (e.g. name, address, email address). This data is processed to the extent necessary for the appropriate processing of the tenant's request or booking request, for the implementation of pre-contractual measures or for the fulfillment of the contract from the rental contract. The data processing is in accordance with Art. 6 Para. 1 S. 1 lit. b DSGVO for the stated purposes. The data will not be passed on to unauthorized third parties without the express consent of the tenant. The tenant has the option at any time to access their stored personal data, to request information about it, to have it changed, corrected or deleted, to have its processing restricted, to object to its processing, to have it transferred or to complain to a supervisory authority about the processing (all rights under Art. 15 to 20 GDPR). The data will be deleted if it is no longer required for the fulfillment of the contract or if its storage is not permitted by law. If personal data of the tenant are processed on the basis of legitimate interests in accordance with Art. 6 Para. 1 S. 1 lit. f GDPR, the tenant has the right to object to the processing of his personal data in accordance with Art. 21 GDPR, provided that there are reasons for doing so that arise from his particular situation. He can exercise his right to object by emailing miete@tricargo.de or by contacting tricargo at the business address.
9.2 By sending a message to tricargo via miete@tricargo.de, the tenant can also object to the use or processing of his data for purposes of advertising, market or opinion research or for marketing purposes at any time and free of charge. 10. Termination
10.1 The right to extraordinary termination for good cause remains unaffected for both parties.
An important reason for the lessor to terminate the contract with the lessee is the lessee's inability to pay, impending inability to pay or over-indebtedness, the opening of insolvency or composition proceedings against the lessee's assets or property, or the rejection of the opening of insolvency or composition proceedings due to lack of assets, or the lessee's submission to asset management or restructuring proceedings, also if the lessee has only partially or not fully paid two invoices despite them being due and has thus fallen into arrears, or if enforcement measures are taken against the lessee, the rental vehicle has been lost or destroyed during the term of the contract, or the lessee is using the rental vehicle in a manner that is recognizably contrary to the provisions of section 5. This applies in particular if the tenant, despite a warning from tricargo, continues to use the rented vehicle in a manner contrary to the contract or intentionally or through gross negligence causes significant damage to the rented vehicle. In the event of imminent danger, tricargo is entitled to immediately pick up the rented vehicle and withdraw possession from the tenant.
10.2 If the tenant has concluded several rental contracts with tricargo, the landlord has the right to terminate all rental contracts without notice in accordance with section 11.1.
10.3 Any termination must be in writing or text form.
11. Final Clauses
11.1 The entire contractual and legal relationship between the landlord and the tenant is subject exclusively to German law. Should one or more provisions of these terms and conditions be or become invalid, the validity of all other provisions or agreements will not be affected.
11.2 The client may only transfer claims from this contract to third parties with the prior written consent of tricargo. The client is only entitled to a set-off with counterclaims that are recognized by tricargo and undisputed or have been legally established by an EU court.
11.3 Hamburg is agreed as the exclusive place of jurisdiction for any dispute arising from this contractual relationship.
IV. General Terms and Conditions of tricargo - Webshop for Consumers
1. Scope of application
These General Terms and Conditions (GTC private consumers) apply to all orders placed in the tricargo online store by private consumers.
2. Contractual partner
The purchase contract is concluded with tricargo eG, Waidmannstraße 12, 22769 Hamburg, Germany, cooperative register: GnR 1092 Hamburg District Court.
3. Conclusion of contract
The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to place an order. By clicking the “Buy” button, you are placing a binding order for the goods in your shopping cart. An e-mail confirming receipt of your order will be sent immediately after you submit your order. This confirmation does not yet constitute acceptance of your offer. The purchase contract is concluded when we accept your order by sending you an order confirmation by e-mail or by delivering the goods within five days.
4. Contract text
We save the contract text and send you the order data by email. You can also view the general terms and conditions for private end consumers at any time at www.tricargo.de. You can view your previous orders in the “Orders” section if you have registered as a customer and logged in to the website with your access data.
5. Contract language
The legally binding contract language is German.
6. Right of withdrawal
6.1 Right of withdrawal
Consumers have a 14-day right of withdrawal.
6.2 Right of withdrawal
Right of withdrawal
You have the right to revoke this contract within 14 days without stating a reason. The revocation period is 14 days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods. To exercise your right of withdrawal, you must contact
tricargo eG
- Service-
Waidmannstraße 12
22769 Hamburg
Germany
E-Mail: service@tricargo.de
Tel.: +49 40 / 67 99 53 00
by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of their decision to withdraw from this contract. You can use the attached sample withdrawal form for this, but this is not mandatory. 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.
If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than additional charges arising from your choosing a method of delivery other than the cheapest standard delivery offered by us), immediately and no later than 14 days from the date on which we receive notice of your revocation of this Agreement. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will we charge you fees for this repayment. We can refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier. You must return the goods immediately and in any case no later than 14 days from the date on which you notify us of the cancellation of this contract, to
tricargo eG
- Service-
Waidmannstraße 12
22769 Hamburg
or hand them over. The deadline is met if you send the goods before the period of 14 days has expired. You bear the direct costs of returning the goods. You only have to pay for any diminished value of the goods if this loss in value is due to a not necessary for the examination of the nature, characteristics and functioning of the goods handling of you.
6.3 Exclusion / Expiration of the right of withdrawal
The right of withdrawal does not apply to the delivery of goods,
• that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or that are clearly tailored to the personal needs of the consumer,
• as well as to the delivery of audio or video recordings or computer software in a sealed package, if the seal has been removed after delivery.
7. Prices and shipping costs
7.1 Prices
The prices are listed in euros at tricargo.de. All prices are exclusive of VAT. VAT is shown separately in the shopping cart and then added. German VAT registration number: DE 316 164 226
7.2 Shipping costs
The shipping costs incurred are not included in the purchase price. They can be found on our website at the following link Terms and Conditions (https://tricargo.odoo.com/shop/bedingungen) in the respective offer. The shipping costs will be shown separately during the ordering process and are to be borne by you in addition.
8. Delivery area, delivery time and delivery process
8.1 We deliver to Germany
We deliver within Germany.
8.2 Delivery to Germany
The delivery time for the respective products is 3 to 5 working days. If the quantity available is less than 5 pieces, this will be indicated on the product page. Excluded from this are products in the product categories of loading foremen and superstructures, for which the delivery time will be provided on request. The average delivery time with our service provider is an additional 3 - 4 working days, but no later than 10 working days after receipt of your order. The delivery period begins on the day after the payment order is issued to the transferring credit institution for advance payment or on the day after the contract is concluded for other payment methods, and ends at the end of the last day of the period. If the last day of the period falls on a Sunday or a public holiday at the place of delivery, the next working day shall take the place of such a day. If an ordered item is not available for immediate delivery, we will notify you immediately. If an item is not in stock for the initial delivery, it will automatically be delivered at a later date. If you do not wish to receive a subsequent delivery, please note this on your order. Of course, you will not have to pay any additional shipping costs for a subsequent delivery.
9. Payment options
We generally offer the following payment options:
Credit card
We also offer our customers the option to pay by Mastercard or VISA. Please provide your credit card number, check digit and the expiry date of your card with your order. The invoice amount will be debited to your credit card account at the time of delivery.
PayPal
Pay securely, easily and quickly with your PayPal account. If you don't yet have a PayPal account, you can set one up in no time: Register at www.paypal.de/anmeldung and link your bank account or credit card to your PayPal account and you can pay with PayPal. Your PayPal account will be debited upon receipt of your order.
Prepayment
Please transfer the total amount of your order in advance to our account, quoting your customer or invoice number, the full name of the customer and their place of residence (please note your share of the shipping costs when making your advance transfer):
GLS Bank
IBAN: DE37 4306 0967 2071 8992 00
BIC: GENODEM1GLS
44774 Bochum
Germany
We reserve the right to make the delivery in a different payment method than the one you requested. In this case, you will be notified by us in advance.
10. Retention of title
The goods remain our property until full payment has been received.
11. Warranty and guarantees
For all defects in the purchased item occurring during the statutory warranty period, the statutory claims for subsequent performance, for rectification of defects/new delivery and, if the statutory requirements are met, the further claims for reduction or withdrawal as well as for compensation, including compensation for the damage instead of fulfillment and reimbursement of your wasted expenses. The assertion of statutory rights in respect of defects is free of charge.
12. Return shipment/costs of return shipment
Our packaging is also suitable for return shipments. To return/complain about online orders, please go to your customer account.
All you have to do is hand in the package at the post office package counter. If you request a return, the goods will be picked up at your location.
It is not absolutely necessary to use the returns procedure offered in order to effectively exercise your right of withdrawal.
Please send any questions regarding the returns procedure or returns to the following email address: service@tricargo.de
13. Transport damage/Complaints
Please report obvious defects to us immediately.
If a package arrives at your premises visibly damaged, please open it immediately in the presence of the postman/parcel service and have a confirmation of damage issued immediately. Failure to report the defect immediately or to open the package in the presence of the postman/parcel service has no consequences for your statutory warranty rights. If you have any questions, please contact our customer service team on +49 40 67 99 53 00. Please always return the package with our return package label (no wheels)..
14. Applicable law/Place of jurisdiction
14.1 The application of the law of the Federal Republic of Germany shall be deemed agreed for all contracts concluded with us. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply. If the customer's usual place of residence is not in Germany but in another EU country and the national provisions of that country stipulate further consumer protection rights than those provided for by German law, the national provisions of the customer's usual place of residence shall apply (Art. 6 (2) Rome I Regulation).
14.2 In the event that the customer is a merchant, Hamburg is agreed as the exclusive place of jurisdiction.
15. Links
Insofar as this website contains external links (hyperlinks) to third-party websites, these linked websites are the sole responsibility of their respective operators. tricargo has checked the contents of the external target pages for any legal violations before setting up any links. Nevertheless, tricargo has no influence on the content of the target pages, so that tricargo expressly does not adopt the content of the linked pages as its own. tricargo also regularly checks the linked pages and will immediately remove the link in question if it becomes aware of a legal violation on a linked page.
16. Miscellaneous
16.1 Weight, geometry and equipment information is based on manufacturer specifications. We reserve the right to make technical changes in the interest of technical progress, as well as color variations, errors and input errors. Delivery while stocks last.
16.2 The European Commission provides a platform for online dispute resolution (OS), which can be found at http://ec.europa.eu/consumers/odr/. We are not obliged and are generally not willing to participate in a dispute resolution procedure before a consumer arbitration board. However, we endeavor to resolve any differences of opinion arising from our contract amicably. Our email address is info@tricargo.de
16.3 With regard to our promotional vouchers or discount codes, the respective conditions for these apply.
V. General terms and conditions of tricargo Radlogistik Hamburg GmbH – Services
For services provided by tricargo Radlogistik GmbH, the General German Freight Forwarding Terms and Conditions recommended by the DSLV Bundesverband Spedition und Logistik e.V. (DSLV) in the 2017 version (ADSp 2017) and the General Terms and Conditions for Logistics in the 2019 version (Logistik-AGB 2019) apply.