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General terms and conditions of business
GENERAL
The following terms and conditions apply to all contracts, deliveries, and other services. Our offers are non-binding and subject to change without notice. All illustrations, drawings, dimensions, and weights contained in price lists, catalogs, and other media are non-binding specifications. The information is presented according to our current knowledge. We reserve the right to make changes. We cannot exclude errors in product labeling or pricing. The presentation of our product range online does not constitute an offer, but rather an invitation to accept offers (so-called “invitatio ad offerendum”). Our offer is directed at end consumers, and goods are only sold in quantities typical for household use. A purchase agreement for an item is concluded as soon as we deliver the ordered item to the buyer.
PRICES
Prices are subject to change without notice and are ex-works Kronberg/Taunus, excluding shipping and packaging costs. All previous price lists become invalid upon publication of the next price list. All prices are in euros and include the applicable VAT.
DELIVERY
Deliveries are generally at the buyer’s expense. Freight and other shipping costs will be invoiced to the buyer upon delivery. We will select the most economical shipping method for you. The seller’s obligation to deliver is waived in the event of operational disruptions not caused by the seller, strikes, natural disasters, or other cases of force majeure, as well as in the event of non-delivery by the seller’s supplier, provided that delivery has become impossible. If this only results in a delivery delay, the seller’s obligation to deliver and the buyer’s obligation to accept delivery remain in effect. In the aforementioned cases, the seller is not liable for damages due to non-performance of the contract or for delay, even after the expiry of any grace period set by the buyer. In the event of a return not made within the scope of the following right of withdrawal, the sender bears the costs and the shipping risk.
Right of withdrawal for consumers
Consumers have a right of withdrawal in accordance with the following provisions, whereby a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.
— Start of the cancellation policy —
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods.
To exercise your right of withdrawal, you must inform us (Merlin Cycles GmbH, Westerbachstraße 9, 61476 Kronberg, email: info@merlincycles.de) of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post, fax or email). You may use the attached model withdrawal form, but this is not obligatory.
To meet the cancellation deadline, it is sufficient that you send your notification of exercising your right of cancellation before the cancellation period expires.
Consequences of the revocation
If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs (excluding any additional costs incurred if you chose a delivery method other than our cheapest standard delivery option), without undue delay and no later than fourteen days from the day on which we received your notification of withdrawal. For this reimbursement, we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise; in no case will you be charged any fees as a result of this reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you send the goods before the fourteen-day period has expired. You bear the direct costs of returning the goods.
You are only liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.
— End of the cancellation policy —
Special notes regarding free shipping
If the shipping of the ordered goods from us to you is free of charge due to the value of your order, and you only exercise your statutory right of withdrawal with respect to part of the goods ordered, so that the remaining goods do not reach the amount for free shipping, then you must bear the shipping costs as they would have been incurred if you had only ordered the goods remaining with you.
The same applies if the shipment of the ordered goods from us to you was free of charge due to the order of an item marked “Free Shipping” and you return this item marked “Free Shipping”.
Exclusion or premature expiry of the right of withdrawal
The right of withdrawal does not apply to contracts
- for the supply of goods that are not prefabricated and for whose production an individual selection or specification by the consumer is decisive or which are clearly tailored to personal needs;
- for the supply of goods which are liable to deteriorate or expire rapidly;
- for the supply of alcoholic beverages, the price of which was agreed upon at the time of conclusion of the contract, but which can be delivered no earlier than 30 days after conclusion of the contract and whose current value depends on fluctuations in the market over which the entrepreneur has no influence;
- for the delivery of newspapers, magazines or illustrated magazines, with the exception of subscription contracts.
The right of withdrawal expires prematurely in the case of contracts
- for the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
- for the supply of goods if, after delivery, they have become inseparably mixed with other goods due to their nature;
- for the supply of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.
Special notes on financed transactions
If you financed this contract with a loan and you revoke the financed contract, you are also no longer bound by the loan agreement if both contracts constitute a single economic unit. This is particularly likely to be the case if we are also your lender or if your lender uses our services for the financing. If the loan has already been disbursed to us when the revocation or return takes effect, your lender assumes our rights and obligations under the financed contract with respect to the legal consequences of the revocation or return. The latter does not apply if this contract concerns the acquisition of financial instruments (securities, foreign currency, or derivatives).
If you want to avoid a contractual obligation as much as possible, exercise your right of withdrawal and also cancel the loan agreement if you are entitled to a right of withdrawal for that as well.
Sample cancellation form
If you wish to cancel the contract, please fill out this form and return it.
To
Merlin Cycles GmbH
Westerbachstraße 9
D-61476 Kronberg
Email: info@merlincycles.de
I/We* hereby revoke the contract I/we* concluded for the purchase of the following goods
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*) Please delete as appropriate
PAYMENT
In the event of late payment, Merlin Cycles GmbH is entitled to default interest of 5% above the base interest rate for consumers and 8% above the base interest rate for merchants, unless a higher loss is proven. From the moment the buyer defaults on payment, all outstanding payments, including those from other invoices issued by Merlin Cycles GmbH, become immediately due and payable. In this case, Merlin Cycles GmbH may make any outstanding deliveries contingent upon prepayment or withdraw from the contract to that extent. Merlin Cycles GmbH is under no obligation to deliver to the buyer. Merlin Cycles GmbH is entitled to refuse delivery in writing immediately upon receipt of an order from the buyer.
The buyer’s right of set-off is limited to undisputed counterclaims, counterclaims established by a final and binding judgment, or counterclaims acknowledged by Merlin Cycles GmbH. The same applies to the assertion of a right of retention, provided the buyer is a merchant within the meaning of the German Commercial Code (HGB).
PROPERTY
The purchased item remains our property until all our claims arising from the contract have been settled in full. This retention of title also extends to all claims we may acquire against the buyer in connection with the purchased item, e.g., due to repairs, spare parts deliveries, or other services. If the buyer is a merchant and the contract is part of their commercial business, the retention of title also applies to claims we have against the buyer arising from the ongoing business relationship.
At the buyer’s request, we are obliged to waive the retention of title if the buyer has fulfilled all claims related to the purchased item and adequate security exists for the remaining claims arising from the ongoing business relationship.
As long as the retention of title exists, any sale, pledging, transfer of ownership as security or any other transfer or alteration of the object of purchase that impairs our security is only permitted with our prior written consent.
In the event of third-party access, particularly in the case of seizure of the purchased item, the buyer must notify us immediately in writing and inform the third party immediately of our retention of title.
WARRANTY
Our goods are subject to statutory warranty rights. We guarantee that the products purchased from us are free from defects for a period of two years from delivery of the goods to the consumer. This period also applies to consequential damages, unless claims are based on tort. The buyer’s warranty rights, provided the buyer is a merchant as defined by the German Commercial Code (HGB), are contingent upon the buyer having properly fulfilled their obligations to inspect and report defects. In the case of justified complaints, the seller is entitled to two attempts at rectification at their own expense. This can be done, at the buyer’s discretion, by repair or replacement. The buyer must set a reasonable deadline for this. The seller may refuse rectification that would incur disproportionately high costs.
The warranty is void if any repairs or modifications are attempted by the buyer, or if the product is used in a competitive manner. The frame and rim warranty is void in the event of damage caused by jumps or improper use. The warranty for the frame and fork is valid only if the parts remain in their original condition and are used for their intended purpose. The buyer is not entitled to withhold or offset payments due to any complaints. Warranty claims cannot be made without a receipt. For bicycles, the frame number must be entered on the receipt. A manufacturer’s warranty does not affect the seller’s warranty.
LIABILITY
We are always liable without limitation for claims arising from damages caused by us, our legal representatives or agents.
- in case of injury to life, body or health,
- in the case of intentional or grossly negligent breach of duty,
- in the case of warranty promises, if agreed, or
- insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and on which the contractual partner may regularly rely (cardinal obligations), caused by slight negligence on the part of us, our legal representatives, or vicarious agents, our liability is limited to the amount of the foreseeable damage that typically arises at the time of conclusion of the contract. All other claims for damages are excluded.
CODE OF CONDUCT
We have committed ourselves to the following codes of conduct:
Trusted Shops quality criteria
Link: http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf
DISPUTE RESOLUTION
We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
FINAL PROVISIONS
Should any provision of our General Terms and Conditions be or become invalid, it shall be replaced by a valid provision that most closely reflects its original intent. The validity of the remaining provisions shall remain unaffected.
As of October 20, 2025
