General Terms and Conditions

1. Scope

These General Terms and Conditions (GTC) shall apply to all deliveries of LAST GmbH to consumers (as defined by German Civil Code (Bürgerliches Gesetzbuch, hereinafter "BGB") under § 13). LAST GmbH is the operator of the online store www.last-bikes-shop.com and last-bikes.com.

2. Contracting Party

The purchase contract is concluded with Last GmbH, Executive Directors Jochen Forstmann and Jörg Heydt, Vinckeplatz 8, 44139 Dortmund, Federal Republic of Germany, Commercial Register HR B-30781, Registration Court Dortmund, VAT ID No. DE323332770. You can reach our customer service for questions, complaints and objections on workdays from 10:00 a.m. to 5:00 p.m. at the telephone number +49 (0) 231-13 74 23 91 as well as by e-mail using info@last-bikes.com.

3. Offer and Conclusion of Contract

3.1 The presentation of the products at the online store is not a legally binding offer, but an invitation to order. Errors and omissions excepted.
3.2 By clicking the order button in the last step of the ordering process, you place a binding order for the goods listed on the order page. The purchase contract is concluded when we accept your order by sending you an order confirmation.


4. Consumer's Right of Withdrawal


Cancellation Policy Instruction

Right of Withdrawal:

You may cancel your contractual declaration within two weeks in writing (e.g. letter, fax, e-mail) without giving reasons, or - if the goods have been delivered to you before the end of this period - by returning the goods. The time limit begins after receipt of this notification in writing, but not before receipt of the goods by the consignee (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also does not fulfill our obligations under § 312c Section 2 BGB in conjunction with § 1 Sections 1, 2 and 4 BGB-InfoV as well as our obligations under § 312e Section 1 Clause 1 BGB in conjunction with § 3 BGB-InfoV. The timely dispatch of the withdrawal or the goods is sufficient to comply with the withdrawal period. The withdrawal is to be addressed to:

LAST GmbH
Vinckeplatz 8
44139 Dortmund
Germany

Consequences of Withdrawal:
In the event of an effective withdrawal, the services received by both parties must be returned and any benefits derived (e.g. interest) must be surrendered. If you are unable to return the received goods or services in whole or in part or only in a deteriorated condition, you may have to pay compensation for lost value. This does not apply to the surrender of goods if the deterioration of the goods is exclusively due to their inspection - as it would have been possible for you in a local store. In addition, you can avoid the obligation to pay compensation for a deterioration of the goods caused by the intended use of the goods by not using the goods as if they were your property and by refraining from doing anything that could impair their value. Goods that can be sent by parcel post are to be returned at our risk. You have to bear the costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 40 Euros or if, in the case of a higher price of the goods, you have not yet provided contractually payment - in part or full - at the time of the revocation. Otherwise, the return shipment is free of charge for you. Goods that cannot be sent by parcel post will be picked up from you. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your revocation declaration or the goods, for us with their receipt.

Exclusion/Extinction of the Right of Withdrawal
The right of withdrawal does not apply to the delivery of goods that are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. This applies in particular but not exclusively to customized paintwork

End of Cancellation Policy Instruction

4.a. Return Costs when exercising the Right of Withdrawal
If you make use of your legal right of withdrawal (see instruction above), you have to bear the regular costs of the return shipment, if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 40 Euros. This also applies if the price of the goods is higher and you have not yet provided the full or contractual agreed partial payment at the time of the withdrawal. Otherwise, the return shipment is free of charge for you.

5. Prices and Shipping Fees

5.1 The prices stated on the product pages include the statutory value added tax and other price components.
5.2 Information about additional shipping fees will be displayed on the forms during the ordering process.

6. Shipment

6.1 We ship against prepayment (prepayment by bank transfer, payment via Paypal is possible up to 500 Euros). Prices for the time of order apply. The legal right of withdrawal for distance contracts remains unaffected.

6.2 The prices do not include shipping fees, but include the applicable statutory value added tax. The shipping fees can be found here.

6.3 Binding delivery dates must be agreed upon in writing. The agreed delivery period shall begin on the date of the order confirmation. In general, the seller ships within one to seven days after receipt of payment if an advance payment was provided. If necessary, the delivery period shall be extended by the time taken by the buyer to provide the seller with information and documents necessary for the execution of the order and until a deposit or advance payment, if agreed upon, has been received. For frames and complete bicycles, an individual shipping date will be stated in the order confirmation.

6.4 If non-compliance with deadlines is due to force majeure, e.g. mobilization, war, riot, pandemics or similar events, or strike or lockout, the deadlines shall be extended accordingly. The seller shall only be liable for delay in cases of intent or gross negligence defined by the statutory provisions. The same applies to liability for injury to life, body or health.

6.5 The seller shall be entitled to make partial deliveries, provided they are acceptable for the buyer and no other express agreement has been made. Partial deliveries shall be deemed to be independent deliveries for payment obligations, transfer of risk and warranty obligations. The buyer is not permitted to reject independent partial deliveries.

6.6 If the delivery time is exceeded by two weeks, the buyer may grant the seller a grace period of six weeks.

6.7 The transfer of risk takes place when the goods are dispatched to the buyer.

7. Payment

7.1 Payment shall be made in accordance with the payment method specified during the order process.

7.2 You are only entitled to a right of set-off if your counterclaims have been legally established in court, or are undisputed, or have been acknowledged by us in writing.

7.3 You can only exercise a right of retention if the claims result from the same, single contractual relationship.

8. Retention of Title

8.1 We reserve title to the purchased item until the purchase price has been paid in full.

8.2 The customer shall only be entitled to resell the reserved goods after obtaining our prior consent and provided that they are not in default of payment to us. The customer hereby assigns to the seller all claims against their buyer or third parties arising from the resale in the amount of the purchase price, in the case of partial payments, in the amount of the outstanding balance.

9. Warranty

9.1 The claims made by the customer under warranty are initially limited to the right to rectification of defects or replacement delivery at the discretion of the customer as a consumer, whereby the choice of the consumer can be refused by the seller if it is only possible at disproportionate cost. If the customer is an entrepreneur, this right of choice shall not apply. In case a rectification of defects or a replacement delivery fails, the customer is entitled to reduce the payment or to withdraw from the contract at his own choice. Claims for damages remain unaffected. A rectification of defects shall be considered to have failed after the second unsuccessful attempt. If the suplementary performance has failed or if the seller refuses to carry it out, the buyer can demand a reduction of the purchase price, withdraw from the contract, or demand compensation at their own choice. The right of the buyer to assert further claims for damages under the conditions stated below remains unaffected.

9.2 The limitations of liability pursuant to § 8 para. 1 shall not apply to damage to life, body or health resulting from a negligent or intentional breach of duty by the seller, its legal representatives or its vicarious agents, or to liability under the Product Liability Act. The same applies to damages caused by intentional or negligent breach of contract or fraudulent intent on the part of the Seller or its legal representatives or vicarious agents.

9.3 The seller is also liable for the negligent breach of main contractual obligations. This, however, applies only if the damages are typically associated with the contract and are foreseeable. The Seller shall not be liable for breaches of secondary obligations not essential to the contract due to simple negligence.

9.4 Information and conditions for consumers
The warranty period for used articles is 1 year and the effective date being the date of delivery. For new goods the legal period of two years applies without restriction and, begins with the handover.

9.5 Notice and conditions for entrepreneurs as end customers
For entrepreneurs as end customers, the limitation period for new goods is 1 year, starting with the delivery. Claims for defects in used goods are excluded.

9.6 The restrictions mentioned above in accordance with No. 1. and 2. do not apply in the cases of § 438 para. 1 No. 2 BGB (building, items for buildings) and § 634 a para. 2 BGB (building or work whose result consists in the rendering of planning or monitoring services for this purpose). Nor do they apply to damage to life, body or health resulting from a negligent or intentional breach of duty by the seller, his legal representatives or his vicarious agents or from liability under the Product Liability Act. The limitations of liability shall also not apply to damages caused by intentional or grossly negligent breach of contract or fraudulent intent on the part of the seller or his legal representatives or vicarious agents.

10. Data Protection

The seller informs the buyer that for the conclusion of the contract, data of the buyer is collected and stored. This data may also be transmitted to authorized and carefully selected partners of the seller in accordance with § 11 BDSG (German federal data protection act) for credit assessment purposes. All personal data will be treated confidentially. The full regulations of our privacy policy can be found here.

11. Place of Jurisdiction, Place of Performance, Applicable Law

If permissible, the law of the Federal Republic of Germany shall apply exclusively. If the customer is a merchant or a legal entity under public law or a special fund under public law, the place of performance and jurisdiction is the registered office of the seller. However, the seller is also entitled to sue the customer at the court responsible for his registered office.