§ 1. General Terms And Conditions For Orders
- General information, Contracting parties, Scope of application
- Conclusion of Contract, Alteration of Contract
- Delivery, Availability of Goods
- Reservation of Title
- Prices, Shipping Charges, Payment
- Damages and defects
- Warranty Terms and Conditions
- No Sale to Commercial Consumers
- Legal Right of Withdrawal
- Effects of withdrawal
- Standard Withdrawal Form
- Data Privacy
- Final Provisions
§ 2. General Terms and Conditions for the use of the Online Tracking Service
- Registration/Conclusion of contract
- Obligations, duties and rules of conduct of the user
- Data storage
- Place of performance, place of jurisdiction and partial invalidity
§ 1. General Terms And Conditions For Orders
§ 1.1. General Information, Contracting Parties, Scope Of Application
(A) The following rules for the conclusion of a contract apply for orders in our online shop http://www.ilockit.bike
(B) Contracting Partner of the customer is
14770 Brandenburg an der Havel
Registration number HRB 28212
Registration court Amtsgericht Potsdam
(Hereinafter referred to as “haveltec”.)
(C) The business relations between haveltec and the customer shall exclusively be governed by the following General Terms and Conditions as amended at the time of ordering. Any deviating terms and conditions of the customer shall not be acknowledged, unless haveltec explicitly agrees to their application in writing.
(D) Contracts with the customer shall be made exclusively in the German or English language, in each case depending on whether the customer makes the relevant purchase on either the German part or the English part of the online shop. Therefore, if the order is made on the German part of the site exclusively the German version of the Terms and Conditions shall be relevant. If the order is made on the English version of the site exclusively the English version of the Terms and Conditions shall apply.
§ 1.2. Conclusion oOf Contract, Alteration Of Contract
(A) The customer may choose the I LOCK IT bike lock and accessories of his choice from the haveltec page. The customer submits a binding offer for the purchase of the chosen goods via the “Buy” button. The customer may modify and view the data at any time before sending the order.
(B) Thereupon haveltec will send the customer an automatically generated order confirmation sent by e-mail, in which the receipt and acceptance of the order is being confirmed, and all relevant information regarding the order and ordered goods are provided. A purchase contract is concluded when haveltec has sent the ordered product to the customer.
(C) The customer may cancel the order procedure by closing the browser window. Before completion of the order an overview page enables customer to check the order and to change errors of his entries by clicking the button “Back to cart”. haveltec saves the content of the agreement for the statutory time period.
§ 1.3. Delivery, Availability Of Goods
(A) haveltec will send the ordered bike lock or accessories within the written shipping days.
(B) If a delivery is delayed haveltec will inform the customer of the delay.
§ 1.4. Reservation Of Title
The delivered goods remain the property of haveltec until payment has been received in full.
§ 1.5. Prices, Shipping Charges, Payment
(A) All prices indicated on haveltec’s website include the applicable statutory value added tax (VAT).
(B) The respective delivery charges are indicated to the customer in the order form and shall be borne by the customer, unless the customer exercises his/her legal right to withdraw from the contract. In this case the customer will be reimbursed for the delivery costs to his address.
(C) The customer may effect payment by direct debiting, credit card or PayPal.
(D) The payment of the purchase price is due immediately.
(E) Should a debit from the customer’s account via direct debiting fail for reasons within his/her control, the customer shall refund the bank handling charges incurred to haveltec by the return debit.
§ 1.6. Damages And Defects
The statutory provisions shall apply to the warranty for material defects. For entrepreneurs, the warranty period for goods delivered by haveltec is 12 months.
§ 1.7. Warranty Terms and Conditions
The conditions below describe the prerequisites and scope of our warranty. They do not affect your statutory rights or the obligations of your retailer and your contract with them.
Every I LOCK IT product is subject to careful and strict testing of the haveltec GmbH quality assurance. Without prejudice to contractual or statutory warranty claims against the buyer, haveltec grants a manufacturer’s guarantee.
The following applies to all devices that are part of haveltec: The guarantee period for private consumers is 12 months from the date of purchase.
These warranty conditions apply to appliances purchased via haveltec or one of the authorised distributors. A list of authorised distributors can be found online on the I LOCK IT website.
The warranty claims can be obtained via the specialist dealer from whom you bought the appliance, or directly from our local representative office.
Within this period, haveltec will assume the cost of repair or replacement of defective parts free of charge in the event of a material or manufacturing defect.
(A) Prerequisites for the validity of the Warranty
In accordance with the under-mentioned conditions, we will rectify defects affecting the appliance which are clearly attributable to material and/or manufacturing faults, provided they are reported immediately after being identified, and within 12 months of the date of purchase (the “Warranty Period”).
To claim the warranty a proof of purchase (invoice) must be presented at the request of the customer service technician.
(B) Nature and scope of the Warranty
I. Defects in the device will be remedied free of charge within a reasonable period of time either by repairing or replacing the parts affected. The expenses required for this purpose, such as transport, travel, labor and spare parts costs, are borne by haveltec GmbH. Replaced parts or devices become the property haveltec.
II. The guarantee does not include any further claims for damages against haveltec.
III. The delivery of consumables and accessories is not included in the scope of services.
(C) Warranty Limitations
The guarantee does not come into effect or does not apply if:
- Minor deviations from the target quality are present, which are irrelevant for the value and usability of the device.
- The purchase receipt has been altered in any way or made illegible.
- The model number or serial number on the product has been altered, removed or made illegible.
- Repairs, modifications and / or changes to the product have been made by unauthorized companies or persons.
- Devices are equipped with spare parts, add-ons or accessories which are not original parts and which caused a defect.
- The defect is the result of excessive use outside of its intended purpose.
- The defect was caused by misuse of the product or by certain environmental conditions that do not correspond to the recommended use of the product.
- The defect was caused by the connection of peripheral devices, additional devices or accessories, the use of which is not recommended in the operating instructions.
- The device has been damaged, including but not limited to damage caused by animals, lightning, abnormal voltage, fire, environmental disaster, transportation or water (unless the instruction manual specifically states that the product can be used outdoors).
- Normal signs of wear and tear or spare parts which, due to their nature, can be classified as wear parts (e.g. flex adapter).
- Overload, operation with the wrong supply voltage or wrong type of current or external influences such as fall, hit or attempted theft.
- The product does not work properly because it was not originally designed, manufactured or approved for the country in which you are using the product. This could be the case, for example, if the product was imported.
- The product does not work properly because of problems accessing or connecting to the service providers such as disturbances in the connection network (e.g. TV cable, satellite or internet, GPS, mobile networks), errors the connection of the subscriber or correspondent, local network errors (Cable connections, file server, user connection) and errors in the transmission network (interference, encryption, defects or poor network quality).
- The product does not work properly because the connected smartphone does not meet the required specification for usage, has not been configured correctly or there is some other error with the smartphone.
(D) Invoking of the warranty
The warranty is carried out in such a way that defective parts are repaired free of charge or replaced by faultless parts.
The invoice / receipt with the delivery date or at least the purchase date must be submitted.
Replaced parts become our property.
(E) Replacement delivery
If the improvement is rejected by us, fails or is not profitable, haveltec can replace the product with an equivalent replacement in the form of a new or refurbished product with the same functionality free of charge within the above-mentioned guarantee period.
(F) Other provisions
The provision of services under warranty neither extends the term of the warranty nor sets in motion a new warranty period. The warranty period for spare parts fitted ends with the expiry of the warranty on the appliance as a whole.
§ 1.8. Liability
(A) Any claims for damages by the customer are excluded unless in those cases where the customer’s claims for damages arise from injury to his/her life, body, health or a violation of material contractual obligations (cardinal obligations) and except liability for any other damage caused by deliberate or gross breach of duty by haveltec, its legal representatives or its vicarious agents. Material contractual obligations are obligations whose fulfilment is necessary for achieving the purpose of the contract.
(B) In the event of a violation of material contractual obligations haveltec may only be held liable for foreseeable damage typical of the contract, provided that such damage was caused by slight negligence, unless the customer claims damages arising from injury to his/her life, body or health.
(C) The restrictions set forth in Clauses 1 and 2 above also apply in favor of haveltec’s legal representatives and vicarious agents if damages are claimed directly from them.
(D) The provisions of the Produkthaftungsgesetz [German Product Liability Act] remain unaffected.
§ 1.9. No Sale To Commercial Consumers
The goods offered in the shop are exclusively sold to consumers and companies which are end-consumers. Goods shall not be commercially resold without haveltec’s explicit written approval.
§ 1.10. Legal Right Of Withdrawal
Customers with habitual residence or abode in one of the Member States of the European Union (EU) or in the European Economic Area (EEA) have the legal right of withdrawal that haveltec hereby informs about:
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date on which you or a representative third party who is not the carrier, have taken possession of the goods.
For orders placed between December 1st, 2020 and December 23rd, 2020, an extended withdrawl period until January 31st, 2021 applies.
To exercise your right of cancellation, you must notify us haveltec GmbH, Ritterstraße 81, 14770 Brandenburg, Germany E-Mail: firstname.lastname@example.org by a clear statement (by letter or email) of your decision to withdraw from this contract. You can use the withdrawal form (§ 10 b), however, this is not mandatory. In order to observe the revocation period, it is sufficient for you to send the message about the right of withdrawal before the withdrawal deadline.
§ 1.11. Effects Of Withdrawal
If you withdraw from this contract, we must refund you all payments that we have received from you, including delivery costs (with the exception of the additional costs arising from the fact that you have chosen a type of delivery other than that offered by us expensive type of standard delivery have) immediately at the latest within fourteen days from the date of receipt of your cancellation notice. For the repayment, we use the same method of payment that you used for the initial transaction unless you explicitly agreed otherwise; in any case, you will not be charged any fees for this repayment. We may withhold the reimbursement until we have either received the returned goods or if the evidence is supplied that you have returned the goods to us, whichever is earlier. Immediately, at the latest within fourteen days from the day of your notification of withdrawal, you have to return the goods to us. The deadline is met if you submit the goods before the period of fourteen days. You have to bear the direct shipping costs for the return of the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the nature of the goods. End of the withdrawal policy
§ 1.12. Standard Withdrawal Form
If you want to cancel the contract, please fill out this form and send it back.
Hereby give notice that (s) I / we (*) from my / us (*) concluded contract available via the purchase of the following products (*) / provision of the following services (*)Appointed on (*) / received on (*)Name of person / consumer (s)Address of person / consumer (s)Signature of / consumer (s) (with message on paper only)Date
§ 1.13. Data Privacy
(A) haveltec collects customer data in the processing of contracts. In this processing, haveltec observes in particular the provisions set forth in the Bundesdatenschutzgesetz and the Telemediengesetz. haveltec will only collect, process or use customer data and website usage data with the customer’s consent as far as this is required for handling the contractual relations and for the use and accounting of telemedia services.
(B) haveltec will not use any customer data for advertising, market or opinion research without the customer’s consent.
(C) The data entered with regard to the processing through foreign payment service providers are not stored by haveltec, however by the respective payment provider as the case may be. The respective data privacy provisions of the payment service provider apply in this respect.
§ 1.14. Final Provisions
(A) As far as the customer is a consumer with habitual residence or abode in one of the Member States of the European Union (EU) or in the European Economic Area (EEA) and for other customer, the contracts between haveltec and its customers are governed by the law of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the international sale of goods. Regardless of that choice of law, consumers are always protected by the mandatory consumer protection law of the State the costumer has its habitual residence in at the time of the conclusion of the contract. As far as the customer is a consumer neither with habitual residence or abode in one of the Member States of the European Union (EU) nor in the European Economic Area (EEA), the law of the Federal Republic of Germany and the German consumer protection law is applicable to the exclusion of the United Nations Convention on Contracts for the international sale of goods.
(B) Venue for all disputes arising from contractual relations between the customer and haveltec GmbH is haveltec’s registered office, provided that the customer is a salesperson, a legal person under public law or a special fund under public law.
(C) If any provision of this contract is legally invalid the other provisions hereof shall remain binding. Any ineffective provisions are replaced by legal provisions, as far as existent.
Revised 30th of November 2020
§ 2. general terms and conditions for the use of the online tracking service
§ 2.1. registration/conclusion of contract
In order to use the Online Tracking service, the user must have an I LOCK IT GPS bike lock or tracker, as well as the user’s registration via the I LOCK IT app. The user is obliged to provide true and complete information about name and e-mail address during registration. haveltec reserves the right to verify the accuracy in individual cases. Pseudonyms are not permitted. haveltec reserves the right to temporarily or permanently block the customer’s access to online tracking in case of reasonable suspicion of misuse or misappropriation (in particular recording of transaction data of third parties).
With the successful installation of a GPS-capable I LOCK IT device and the activation of the user account, the subscription period associated with the device starts automatically. With the bicycle lock I LOCK IT GPS the use of the Online Tracking Service is free of charge for the first 2 years. After the two years the user can continue to use I LOCK IT GPS but will no longer have access to the Online Tracking Service. The subscription can be renewed by the user at the then current offers via the I LOCK IT App for a fee. Users who have purchased their I LOCK IT GPS bicycle lock via the crowdfunding platform Kickstarter can use the Online Tracking Service permanently free of charge.
The scope of services, the price and the duration of the contract as well as any possible renewal options of the subscription result from the scope of services published for the respective product at https://www.ilockit.bike at the time of the conclusion of the contract.
§ 2.2. Obligations, duties and rules of conduct of the user
To be able to use haveltec’s services to the full extent, an updated I LOCK IT app must always be used. If not up-to-date apps or outdated end devices are used, the user may not be able to use the services to their full extent. haveltec will ensure that all services of the I LOCK IT app can be used with the latest two major version updates for Android and iOS.
The user must keep the access data (the combination of email address and password) strictly confidential and protect it from unauthorized access by third parties. The user shall not disclose the access data to anybody, including employees of haveltec. If the user has reason to believe that the access data has become known to third parties in any way, the user is obliged to change his password immediately.
The user undertakes to use the services provided by haveltec in accordance with the intended purpose and to refrain from any actions that could harm or endanger haveltec, other haveltec users or third parties and/or that could restrict the availability of the services for other users. Intended use shall also include compliance with all instructions, recommendations and the like that haveltec provides at the time of conclusion of the contract or thereafter, on its homepage, in operating instructions and/or other documents made available to the user. The I LOCK IT GPS bicycle lock has been specially developed for tracking in case of theft and should therefore only be used for this purpose. Some countries and regions have laws regarding digital positioning and tracking of persons and/or objects. The customer or user of the haveltec GPS tracking device, but not haveltec, is solely responsible for complying with such laws or regulations.
The user has the possibility to retrieve the location data of his I LOCK IT GPS bicycle lock or other I LOCK IT GPS capable devices in real time (slight time delay possible) using the I LOCK IT APP, in order to determine and track the location of his bicycle or other object in real time. This function is only available with the I LOCK IT GPS bicycle lock in case of theft. This is indicated by triggering the alarm. This saves the energy consumption of the GPS tracker.
If the user interferes with the services by manipulating the software, own software or automated access to haveltec’s software, haveltec is entitled to terminate the services immediately and to terminate the subscription with the user without notice and/or prematurely. In this case, haveltec shall not be entitled to claim a refund of the service fee already paid. The same applies if the user accesses the tracking functions of the tracker or data of haveltec by means other than those provided to the user within the scope of the respective subscription.
§ 2.3. Availability/Warranty/Liability
haveltec does not warrant the permanent availability of its services. Downtimes due to maintenance, software updates and due to circumstances (such as technical problems in the field of mobile data transmission, lack of network coverage, connection problems, problems with the availability of one or more mobile phone providers) that are beyond haveltec’s direct control and therefore beyond its control cannot be excluded. The user declares not to assert any claims for damages and/or warranty claims for failures that are not the fault of haveltec.
Although haveltec makes every effort to provide the user with a secure data connection, haveltec does not guarantee that data transport via external systems, in particular the Internet or telecommunication networks, will not be tracked, recorded or falsified by third parties.
The use of haveltec’s offer by the user is exclusively at the user’s own risk and voluntary. This applies without limitation to the use of the hardware used for this purpose, including (but not limited to) the respective smartphone and any use by the user of data created by haveltec or provided by haveltec. The user expressly acknowledges that such data may be erroneous and haveltec, to the extent permitted by law, does not assume any responsibility for the accuracy of such data.
§ 2.4. Data Storage
§ 2.5. Place of performance, place of jurisdiction and partial invalidity
Place of performance is Brandenburg an der Havel. If the buyer is a merchant, a legal entity under public law or a special fund under public law, the local court of Brandenburg an der Havel is agreed upon as the place of jurisdiction for both parties for any disputes arising from the contracts and any legal relations in connection therewith. The same shall apply if the residence or usual abode of the buyer is unknown at the time of filing a suit. In all other cases, it is agreed that the Local Court of Brandenburg an der Havel shall have jurisdiction for the legal dunning procedure (§ 688 ff. ZPO). Should one or more of the above provisions be or become invalid, the validity of the remaining provisions shall not be affected. The ineffective provision shall be replaced by an effective one which achieves the economic purpose intended by it as far as possible.
Revised 14th of September 2020