General Terms and Conditions

  1. Scope of application
  2. Conclusion of contract
  3. Right of withdrawal
  4. Prices and terms of payment
  5. Delivery and shipping conditions
  6. Retention of title
  7. Electronic communication
  8. Disclaimer for external links
  9. Liability for defects (warranty)
  10. Redemption of promotional vouchers
  11. Redemption of gift vouchers
  12. Copyrights
  13. Applicable law
  14. Place of jurisdiction
  15. Alternative dispute resolution
  16. Disclaimer

1) Scope of application

1.1These General Terms and Conditions (hereinafter referred to as “GTC”) of the company Mesona Handels GmbH (hereinafter referred to as “Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as “Client”) and the Seller relating to all goods and/or services presented in the Seller’s online store. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise agreed.

1.3A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity.

1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.

2) Conclusion of contract

2.1The product descriptions contained in the seller’s online store do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2The customer can submit the offer via the online order form integrated into the seller’s online store. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by e-mail, online contact form or telephone.

2.3The seller may accept the customer’s offer within five days,

  • by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive in this respect, or
  • by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive in this respect, or
  • by requesting payment from the customer after the order has been placed.

If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer’s offer at the time the customer clicks the button that completes the ordering process.

2.5When submitting an offer via the seller’s online order form, the text of the contract is saved by the seller after the contract is concluded and sent to the customer in text form (e.g. email, fax or letter) after the customer’s order has been sent. The seller will not make the text of the contract available beyond this. If the customer has set up a user account in the seller’s online store before sending his order, the order data is archived on the seller’s website and can be accessed free of charge by the customer via his password-protected user account by entering the corresponding login data.

2.6Before submitting a binding order via the seller’s online order form, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the magnification function of the browser, with the help of which the display on the screen is enlarged. Customers can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click on the button that concludes the ordering process.

2.7The German and English languages are available for the conclusion of the contract.

2.8Order processing and contact are generally carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Right of withdrawal

3.1Consumers are generally entitled to a right of withdrawal.

3.2Further information on the right of withdrawal can be found in the seller’s withdrawal policy.

4) Prices and terms of payment

4.1Unless otherwise stated in the seller’s product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs will be indicated separately in the respective product description.

4.2For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3The payment option(s) will be communicated to the customer in the seller’s online store.

4.4If advance payment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed a later due date.

4.5If payment is made using a payment method offered by PayPal, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

If the seller also offers payment methods via PayPal for which he makes advance payments to the customer (e.g. purchase on account or payment by installments), he assigns his payment claim in this respect to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller’s declaration of assignment, PayPal or the payment service provider commissioned by PayPal shall carry out a credit check using the transmitted customer data. The seller reserves the right to refuse the customer the selected payment method in the event of a negative check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the customer can only pay PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, the seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipment, returns, complaints, revocation declarations and shipments or credit notes, even in the event of the assignment of claims.

4.6 If the “SOFORT” payment method is selected, payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter referred to as “SOFORT”). In order to be able to pay the invoice amount via “SOFORT”, the customer must have an online banking account activated for participation in “SOFORT”, legitimize himself accordingly during the payment process and confirm the payment instruction to “SOFORT”. The payment transaction is then immediately carried out by “SOFORT” and the customer’s bank account is debited. The customer can find more information on the “SOFORT” payment method on the Internet at https://www.klarna.com/sofort/.

4.7 If a payment method offered via the payment service “Stripe” is selected, payment processing is carried out via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The individual payment methods offered via Stripe are communicated to the customer in the seller’s online store. Stripe may use other payment services to process payments, for which special payment conditions may apply, to which the customer may be informed separately. Further information on Stripe can be found on the Internet at https://stripe.com/de.

4.8 If the payment method purchase on account is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid to Klarna AB, Sveavägen 46, 11134 Stockholm, Sweden (www.klarna.de) within 14 (fourteen) days of the invoice date without deduction, unless otherwise agreed. The payment method purchase on account requires a successful credit check by Klarna AB. If the customer is permitted to use the payment method purchase on account after a credit check, the payment is processed in cooperation with Klarna AB, to which the seller assigns his payment claim. In this case, the customer can only make payment with debt-discharging effect to Klarna AB. In all other respects, the General Terms and Conditions of Klarna AB, which the customer can call up during the ordering process, shall apply. The seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in the payment information in the online store.

4.9 If the payment method “PayPal invoice” is selected, the seller assigns his payment claim to PayPal. Before accepting the seller’s declaration of assignment, PayPal shall carry out a credit check using the transmitted customer data. The seller reserves the right to refuse the customer the payment method “PayPal invoice” in the event of a negative check result. If the payment method “PayPal Invoice” is approved by PayPal, the customer must pay the invoice amount to PayPal within 30 days of receipt of the goods, unless PayPal specifies a different payment term. In this case, the customer can only make payment to PayPal with debt-discharging effect. However, the seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipment, returns, complaints, revocation declarations and shipments or credit notes, even in the event of the assignment of claims. In addition, the General Terms of Use for the use of PayPal’s purchase on account apply, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/pui-terms.

4.10 If the payment method credit card via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. Payment is processed by the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as “Stripe”). Stripe reserves the right to carry out a credit check and to reject this payment method if the credit check is negative.

4.11 If a payment method offered via the payment service “Klarna” is selected, payment processing is carried out via Sofort GmbH (HRB 218675) with registered office at Theresienhöhe 12, 80339 Munich, Germany, subject to its terms and conditions, which can be viewed at https://www.klarna.com/de/agb/

4.12The customer grants revocable consent for the invoice to be sent in electronic .pdf format by e-mail, as an e-mail attachment or as a web download to the communication data provided by the customer (e-mail address). Invoices or delivery notes/invoices sent to the last communication addresses provided by the customer shall be deemed to have been received by the customer.

4.13A down payment of the purchase price is required for the pre-order of certain products. This deposit must be paid within 7 days of completing the order. If the full deposit is not paid within this period, we reserve the right to cancel the pre-order without further notice. The remaining balance is due before the goods are dispatched. The customer will be informed by us in good time about the due date of the outstanding amount. Withdrawal from the purchase is possible until the balance is due. In the event of withdrawal, the amount already paid will be refunded.

5) Delivery and shipping conditions

5.1Unless otherwise agreed, the goods shall be shipped to the delivery address specified by the customer. The delivery address specified in the seller’s order processing is decisive for the processing of the transaction.

5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of withdrawal. If the customer effectively exercises his right of revocation, the provision in the seller’s revocation instructions shall apply to the return costs.

5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall not pass to the customer until the goods are handed over to the customer or a person authorized to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment and the seller has not previously named this person or institution to the customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a specific covering transaction with the supplier with due care. The seller shall make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer shall be informed immediately and the consideration shall be reimbursed without delay.

5.5 If the seller offers the goods for collection, the customer can collect the ordered goods within the business hours specified by the seller at the address specified by the seller. In this case, no shipping costs will be charged.

5.6 Vouchers are provided to the customer as follows:

– via download

5.7If not all products ordered are in stock, we shall be entitled, but not obliged, to make partial deliveries at our expense.

6) Retention of title

If the seller makes advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.

7) Electronic communication

You agree that contract-related communication may take place in electronic form.

9) Liability for defects (warranty)

9.1 Unless otherwise stated in the following provisions, the provisions of statutory liability for defects shall apply. In deviation from this, the following applies to contracts for the delivery of goods:

9.2 If the customer acts as an entrepreneur,

– the seller has the choice of the type of supplementary performance;
– the limitation period for defects in new goods is one year from delivery of the goods;
– the rights and claims due to defects are excluded for used goods;
– the limitation period does not begin again if a replacement delivery is made as part of the liability for defects.

9.3 The above limitations of liability and shortening of time limits do not apply

– for claims for damages and reimbursement of expenses by the customer,
– in the event that the seller has fraudulently concealed the defect,
– for goods that have been used for a building in accordance with their normal use and have caused its defectiveness,
– for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

9.4 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected.

9.5 If the customer is acting as a consumer, he is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.

9.6 Claims for compensation for material damage, downtime, costs for rental or leasing of equipment, travel expenses, loss of profit or other claims are excluded. The liability of Mesona Handels GmbH is limited to the respective purchase value of the product. Liability for consequential damages is excluded to the extent permitted by law.

9.7 The customer’s warranty claims shall expire in any case if the customer has tampered with the goods without our written consent. This shall also apply if the customer has modified the goods and/or handled them improperly and the cause of the defect cannot be excluded from this.

10) Redemption of promotional vouchers

10.1Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and that cannot be purchased by the customer (hereinafter “promotional vouchers”) can only be redeemed in the seller’s online store and only during the specified period.

10.2Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher.

10.3Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

10.4Only one promotional voucher can be redeemed per order.

10.5The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.

10.6If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

10.7The balance of a promotional voucher is neither paid out in cash nor does it bear interest.

10.8The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of their statutory right of withdrawal.

10.9The promotional voucher is only intended for use by the person named on it. The promotional voucher may not be transferred to third parties. The seller is entitled, but not obliged, to check the material eligibility of the respective voucher holder.

11) Redemption of gift vouchers

11.1 Vouchers that can be purchased via the seller’s online store (hereinafter referred to as “gift vouchers”) can only be redeemed in the seller’s online store, unless otherwise stated in the voucher.

11.2 Gift vouchers and remaining credit on gift vouchers can be redeemed until the end of the third year after the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiration date.

11.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

11.4 Only one gift voucher can be redeemed per order.

11.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.

11.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

11.7 The balance of a gift voucher is neither paid out in cash nor does it bear interest.

11.8 The gift voucher is only intended for use by the person named on it. The gift voucher may not be transferred to third parties. The seller is entitled, but not obliged, to check the material eligibility of the respective gift voucher holder.

12) Copyrights

Mesona Handels GmbH holds the copyright to all images, films and texts published on the www.fasterbikes.eu website. Use of the images, films and texts is not permitted without the express consent of Mesona Handels GmbH.

If, in addition to the delivery of the goods, the contract obliges the seller to process these goods in accordance with the specifications defined by the customer, the customer must ensure that the content provided to the seller for processing does not infringe the rights of third parties (e.g. copyrights and trademark rights). The customer shall indemnify the seller against claims by third parties asserted against the seller in connection with the infringement of their rights through the contractual use of the customer’s content. The customer shall bear all reasonable costs for the necessary legal defense, including all court and attorney’s fees at the statutory rate. This does not apply if the customer is not responsible for the infringement. If claims are asserted against the seller, the customer is obliged to provide the seller promptly, truthfully and completely with all information necessary for the verification of the asserted claims and for an appropriate legal defense.

13) Applicable law

The law of the Republic of Austria shall apply to all legal relationships between the parties to the exclusion of the laws on the international sale of goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.

14) Place of jurisdiction

If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Republic of Austria, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer is domiciled outside the territory of the Republic of Austria, the seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer’s professional or commercial activity. In the above cases, however, the seller is in any case entitled to appeal to the court at the customer’s place of business.

15) Alternative dispute resolution

15.1The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

15.2The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

16) Disclaimer

Mesona Handels GmbH shall not be liable for damages – with the exception of personal injury – unless the damages are based on intentional or grossly negligent behavior of Mesona Handels GmbH, its legal representatives or its vicarious agents and the behavior causing the damage does not concern the main obligations of Mesona Handels GmbH arising from the concluded contract. This exclusion of liability does not apply to completely unforeseeable or atypical damages which the customer could not have expected. Mesona Handels GmbH is therefore not liable in particular for damage resulting from improper and professional assembly, installation and/or use of the products sold by the customer.

The use of the items offered is at your own risk. Use on public roads is not permitted if the legal standards of the road traffic regulations are not observed. No liability is accepted for damage caused by improper use. The road traffic regulations and their legal provisions must be observed when using the products in public areas. Users of the S-Trax Snowbike conversion kit must also adhere to all applicable traffic regulations and comply with the regulations and laws of the vehicle type.