Terms and Conditions

Table of Contents

1. Scope of Application
2. Conclusion of the Contract
3. Right to Cancel
4. Prices and Payment Conditions
5. Shipment and Delivery Conditions
6. Reservation of Proprietary Rights
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

1.1 These General Terms and Conditions 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 shop. The inclusion of the Client’s own conditions is herewith objected to, unless other terms have been stipulated.

1.2 For contracts regarding the delivery of vouchers, these Terms and Conditions shall apply accordingly, unless expressly agreed otherwise.

1.3 A consumer pursuant to these Terms and Conditions is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity.

1.4 A business entity within the meaning of these Terms and Conditions is any natural or legal person or partnership with legal capacity acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.

2) Conclusion of the Contract

2.1 The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.

2.2 The Client may submit the offer via the online order form integrated into the Seller's online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the shopping cart.

2.3 The Seller may accept the Client’s offer within five days,

• by transferring a written order confirmation or an order confirmation in written form (fax or e-mail); insofar receipt of order confirmation by the Client is decisive, or
• by delivering ordered goods to the Client; insofar receipt of goods by the customer is decisive, or
• by requesting the Client to pay after he placed his order.

Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Seller not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.

2.4 When submitting an offer via the Seller's online order form, the text of the contract is stored by the Seller after the contract has been concluded and transmitted to the Client in text form (e.g. e-mail, fax or letter) after the order has been sent. The seller shall not make the contract text accessible beyond this. If the Client has set up a user account in the Seller's online shop prior to sending his order, the order data shall be stored on the Seller's website and can be accessed by the Client free of charge via his password-protected user account by specifying the corresponding login data.

2.5 Prior to submitting a binding order via the Seller’s online order form, the Client may recognize input errors by reading attentively the information displayed on the screen. The enlargement function of the browser to enlarge the display on the screen may be an effective method for better recognizing input errors.

2.6 The Client can correct all the data entered via the usual keyboard and mouse function during the electronic ordering process, until he clicks the button finalizing the ordering process.

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

2.8 Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client’s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. Particularly, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.

3) Right to Cancel

3.1 Consumers are entitled to the right to cancel.

3.2 Detailed information about the right to cancel is provided in the Seller’s instruction on cancellation.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the Seller’s product description, prices indicated are total prices including the statutory sales tax. Delivery costs, where appropriate, will be indicated separately in the respective product description

4.2 In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases (custom fees, etc.) 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 (transfer fees, exchange rate fees, etc.) 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.

4.3 Payment can be made using one of the methods mentioned in the Seller’s online shop.

4.4 If prepayment by bank transfer has been agreed upon, payment is due immediately after conclusion of the contract, unless the parties have arranged a later maturity date

4.5 When payments are made using a payment method offered by PayPal, handling of payments takes place via the payment service provider PayPal ((Europe) S.a. r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter called “PayPal”) subject to the PayPal terms of use which can be viewed at: https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.

In case the client has no PayPal account, the conditions applicable for payments without PayPal account will be effective. They can be viewed at: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full

4.6 If the "SOFORT" payment method is selected, payment processing is carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter: "SOFORT"). To be able to pay the invoice amount via "SOFORT," the Customer must have an online banking account that is enabled for participation in "SOFORT," must appropriately authenticate themselves during the payment process, and must confirm the payment instruction to "SOFORT." The payment transaction is then carried out immediately by "SOFORT," and the Customer's bank account is debited. The Customer can obtain further information about 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 by 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 shop. Stripe may use other payment services to process payments, for which special payment conditions may apply, and the Customer may be separately informed. Further information about Stripe can be found on the Internet at https://stripe.com/de.

4.8 In the case of payment by invoice, the purchase price is due for payment 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 from the date of the invoice, unless otherwise agreed. The payment method "purchase on account" requires a successful credit check by Klarna AB. If the Customer is allowed to use the payment method "purchase on account" after the credit check, payment is processed in cooperation with Klarna AB, to which the Seller assigns its payment claim. In this case, the Customer can only make payments to Klarna AB with debt-discharging effect. In all other respects, the General Terms and Conditions of Klarna AB apply, which the Customer can access as part of the ordering process. 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 the corresponding payment limitation in its payment information in the online shop.

4.9 When the payment method "credit card via Stripe" is selected, the invoice amount is immediately due upon conclusion of the contract. Payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to conduct a credit check and to reject this payment method in case of a negative credit check.

4.10 In case of payment by means of a payment method offered by KLARNA, the payment will be processed by Sofort GmbH (HRB 218675) with registered office in Theresienhöhe 12, 80339 Munich, Germany, subject to their terms and conditions, which can be viewed at https://www.klarna.com/de/agb/

4.11 The customer gives the revocable consent to send the invoice in electronic format .pdf by email, as an email attachment or as web download to the communication data (email address) provided by the customer. Sent invoices to customers email address are deemed to have been received.

5) Shipment and Delivery Conditions

5.1 Goods are generally delivered on dispatch route and to the delivery address indicated by the Client, unless agreed otherwise. During the processing of the transaction, the delivery address indicated in the Seller’s order processing is decisive.

5.2 Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply, if the Client exercises his right to cancel effectively, if the delivery cannot be made due to circumstances beyond the Client's control or if he has been temporarily impeded to receive the offered service, unless the Seller has notified the Client about the service for a reasonable time in advance.

5.3 If the Customer acts as a
business entity, the risk of accidental loss and accidental deterioration of the sold goods is transferred to the Customer as soon as the Seller has delivered the item to the forwarding agent, the carrier, or the person or institution otherwise assigned with carrying out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to the Customer upon handover of the item to the Customer or to an authorized person. Notwithstanding this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer as a consumer as soon as the Seller has delivered the item to the forwarding agent, the carrier, or the person or institution otherwise assigned with carrying out the shipment, if the Customer has commissioned the forwarding agent, the carrier, or the person or institution otherwise assigned with carrying out the shipment and the Seller has not previously disclosed the identity of these persons or institutions to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies 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 diligence. The Seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed immediately, and the consideration will be refunded without delay.

5.5 If the Seller offers the goods for collection, the Customer can collect the ordered goods during the Seller's business hours at the address specified by the Seller. In this case, no shipping costs will be charged.

5.6 Gift vouchers are provided to the Customer as follows:

- by email

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

6) Reservation of Proprietary Rights

If the Seller provides advance deliveries, he retains title of ownership to the delivered goods, until the purchase price owed has been paid in full.

7) Electronic Communication

You agree that contract-related communications may be made in electronic form.

8) Disclaimer for External Links

On some pages we refer to other pages of the world wide web by means of links. The following applies to all these links: We expressly declare that we have no influence whatsoever on the design and content of the linked pages. We expressly dissociate ourselves from all contents of the linked pages of third parties and do not adopt these contents as our own. This declaration applies to all links displayed and to the contents of the pages to which links lead.

9) Liability for Defects (Warranty)

9.1 Should the object of purchase be deficient, statutory provisions shall apply.

9.2 If the customer is a business entity,

- the seller has the choice of the type of subsequent performance;
- the statutory limitation period for defects in new goods is one year from the delivery of the goods;
- rights and claims for defects in used goods are excluded;
- the limitation period does not start anew if a replacement delivery is made as part of the warranty.

9.3 The liability limitations and shortened periods set forth above do not apply:

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

9.4 Furtherrmore, for business entities, the statutory limitation periods for any existing statutory recourse claims remain unaffected.

9.5 If the customer is a consumer, they are requested to report any obvious transport damage to the delivery agent and notify the seller. Failure to do so will not affect the customer's statutory or contractual warranty claims.

9.6 Claims for compensation for property damage, downtime, costs for renting or leasing equipment, travel expenses, lost 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 harm caused by a defect is - as far as legally permissible - excluded.

9.7 Warranty claims of the customer expire in any case if the customer has made changes to the goods without our written consent. This also applies if the customer has altered or mishandled the goods and the cause of the defect cannot be ruled out as a result.

10) Redemption of Promotional Vouchers

10.1 Vouchers issued by the seller as part of promotional campaigns with a specific validity period and provided free of charge, and which cannot be purchased by the customer (hereinafter referred to as "Promotional Vouchers"), can only be redeemed in the seller's online shop and only during the specified period.

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

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

10.4 Only one promotional voucher can be redeemed per order.

10.5 The 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.

10.6 If 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 chosen to cover the difference.

10.7 Promotional voucher credits will not be paid out in cash or earn interest.

10.8 Promotional vouchers will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher as part of their statutory right of withdrawal.

10.9 Promotional vouchers are intended for use by the person named on them. Transfer of promotional vouchers to third parties is not permitted. The seller is entitled, but not obligated, to verify the material entitlement of the respective voucher holder.

11) Redemption of Gift Vouchers

11.1 Vouchers that can be purchased through the seller's online shop (hereinafter "Gift Vouchers") can only be redeemed in the seller's online shop, unless the voucher specifies otherwise.

11.2 Gift vouchers and any remaining credit from gift vouchers are redeemable until the end of the third year after the year of voucher purchase. Remaining credit will be credited to the customer until the expiry date.

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

11.4 Only one gift voucher can be redeemed per order.

11.5 Gift vouchers can only be used to purchase goods and not for the purchase of additional 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 chosen to cover the difference.

11.7 Gift voucher credit will not be paid out in cash or earn interest.

11.8 Gift vouchers are intended for use by the person named on them. Transfer of gift vouchers to third parties is not permitted. The seller is entitled, but not obligated, to verify the material entitlement of the respective voucher holder.

12) Copyrights

Mesona Handels GmbH has copyrights to all pictures, videos and texts published on this website (www.fasterbikes.eu). Use of the images, videos and texts is not permitted without the express consent of Mesona Handels GmbH.

If, apart from delivering the goods, the contract obliges the Seller to process those goods according to specifications defined by the Client, the Client has to ensure that contents made available to the Seller for purposes of processing do not violate third-party rights (for example copyrights and trademark rights). The Client shall indemnify the Seller from claims of third parties asserted against the Seller in connection with the violation of their rights by the Seller’s contractual use of the Client’s contents. The Client will meet any reasonable costs of necessary legal defense including all court and lawyer’s fees according to the statutory rate. This shall not apply, if the Client is not responsible for the violation of rights. In case claims are asserted against the Seller, the Client shall be obliged to furnish the Seller promptly, truthfully and completely with all information that is necessary for the verification of the claims asserted and for a corresponding legal defense.

13) Applicable Law

The law of the Republic of Austria shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his habitual residence.

14) Place of Jurisdiction

If the Client is a businessman, a legal entity of public law or a separate estate under public law with its seat in the territory of the Republic of Austria, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract.. If the Client is domiciled outside the territory of the Republic of Austria, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract provided that the contract or claims from the contract can be assigned to the Client’s professional or commercial activities. In any event however, regarding the aforementioned cases the Seller is entitled to call the court responsible for the seat of the Client.

15) Alternative Dispute Resolution

15.1 The EU Commission provides on its website the following link to the ODR platform: https://ec.europa.eu/consumers/odr.

This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.

15.2 The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.

16) Disclaimer

Mesona Handels GmbH shall not be liable for damages - with the exception of personal injuries - as far as the damages are not based on an 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 affecting Mesona Handels GmbH from the concluded contract. This exclusion of liability does not apply to completely unforeseeable or atypical damages the customer could not have expected. Accordingly, Mesona Handels GmbH is not liable in particular for damages, resulting from a not proper and professional assembly, installation and/or use of the sold products by the customer.

The use of the offered items is at your own risk. If the legal standards of the road traffic regulations are not observed, the use on public roads is not permitted. 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 area. Also the user of the S-Trax Snowbike Conversion Kit must comply with all applicable traffic regulations and follow the regulations and laws of the vehicle type.