Conditions

Terms and Conditions As of: April 4, 2022

(1) These terms and conditions (hereinafter referred to as "Terms") govern the use of this website (the "site") and/or the services, including all related mobile applications (collectively, the "Services"), as well as all offers and sales of products ("Products") through the site. The site is owned and operated by [optimize] (hereinafter also referred to as "we," "us," and "our").

(2) By accessing and/or using the Services, you agree to comply with and be bound by these Terms. If you do not agree with all the Terms, you may not access the site or use the Services. Please carefully read these Terms before accessing our site, using the Services, or purchasing Products. These Terms provide information about who we are, how we sell Products to you, how you can revoke the purchase contract, and what to do in case of issues.

(3) You affirm that you are of legal age and have the legal authority, right, and freedom to enter into a binding agreement based on these Terms and to use the Services and purchase Products. If you are a minor, you need the consent of your parents or legal guardian to use the Services or purchase Products.

Purchase of Products

(1) The purchase of Products is subject to the applicable Terms at the time of purchase.

(2) When you purchase a Product: (i) you are responsible for thoroughly reading the product description before making a binding purchase, and (ii) completing an order on the site (by completing a payment process through the "Order Now" button or a similar button) may constitute a legally binding contract for the purchase of the respective Product, unless these Terms specify otherwise.

(3) You can select Products from our product range and add them to the cart by clicking the corresponding button. Our prices are listed on the site. We reserve the right to change our prices at any time and correct unintentional price errors. These changes do not affect the price of Products you purchased before. When paying, you will see an overview of all Products in your cart. The overview includes the essential features of each Product, the total price for all Products, applicable sales tax (VAT), and possibly shipping costs. On the payment page, you also have the opportunity to review, if necessary, change, remove, or correct the Products and quantities. You can also use the editing function to identify and correct any input errors before placing your final binding order. All specified delivery times apply from receipt of your payment. By clicking the "Order Now" button, you place a binding order to purchase the listed Products at the specified price and shipping costs. To complete the order process via the "Order Now" button, you must acknowledge these Terms as binding for your order by checking the corresponding box.

(4) We will then send you an email confirmation for your order, listing your order, which you can print or save using the appropriate function. Please note that this is an automatic notification, indicating only that we have received your order. It does not indicate that we have accepted your order.

(5) The legally binding agreement for the purchase of Products is only concluded when we transmit an acceptance declaration to you by email or ship the Products to you. We reserve the right not to accept your order. This does not apply in cases where we offer a payment method, and you choose this payment method for your order, initiating a payment process upon submission of your order (e.g., electronic transfer or real-time transfer via PayPal, Giropay, Paydirekt). In this case, the legally binding agreement is deemed concluded when you initiated the ordering process, as described above, through the "Order Now" button.

(6) The purchase contract can be concluded in [German] language. After conclusion of the contract, the contract terms will be stored with us, and you will no longer have access to them.

Right of Revocation

(1) If you purchase one or more Products through the site or the Services, which are shipped in one delivery, the instructions for the right of revocation in Annex 1 to these Terms apply.

(2) If you purchase one or more Products through the site or the Services, which are shipped in partial deliveries, the instructions for the right of revocation in Annex 2 to these Terms apply.

(3) If you purchase one or more Products through the site or the Services, consisting of digital content that is not delivered on a physical medium (e.g., CDs or DVDs), the instructions for the right of revocation in Annex 3 to these Terms apply.

(4) To exercise your right of revocation, you can use the revocation form in Annex 4 to these Terms. However, this is not mandatory.

Product Warranty

We are liable for quality defects and/or legal defects of the Products you purchase from us in accordance with the statutory warranty provisions.

Storage of Online Payment Information

You can store a preferred payment method for the future. In this case, we will store this payment information in accordance with applicable industry standards, if available (e.g., PCI, DSS). You can identify your stored card by its last four digits.

Vouchers, Gift Cards, and Additional Offers

From time to time, vouchers, gift cards, discounts, and other offers ("Offers") are available for our Products. Such Offers are valid only for the period specified in the respective offer. Offers may not be transferred, modified, sold, exchanged, duplicated, or distributed without our express written approval.

Permitted Use

(1) Our Services are provided for informational purposes and for private, non-commercial use only. When using our Services, you must comply with these Terms and all applicable laws.

(2) Unless expressly permitted by these Terms, it is not allowed to: (i) use our Services in an illegal or fraudulent manner (including the infringement of third-party rights) or for the purpose of collecting personal data or impersonating other users; (ii) modify or use our notices regarding copyright, trademarks, or other proprietary rights, or interfere with the security features of our Services; (iii) use our Services in any way to manipulate or falsify content or undermine the integrity and accuracy of content, or take actions to disturb, damage, or interrupt parts of our Services; (iv) use our Services to send, receive, upload/post material that does not comply with our content standards; (v) use our Services to transmit unwanted or unauthorized advertising or promotional material or enable its transmission; (vi) use our Services to transfer data or upload data into our Services that contains viruses, trojans, worms, time bombs, keyloggers, spyware, adware, or other harmful programs or similar computer code designed to impair the operation of computer software or hardware; (vii) use robots, spiders, other automatic devices, or manual processes to monitor/copy our Services or the content contained in our Services, or use network monitoring software to determine the architecture of our Services or extract usage data from our Services; (viii) engage in conduct that restricts or inhibits other users from using our Services or (ix) use our Services for commercial purposes or in connection with any commercial activity without our prior written consent. You agree to fully cooperate with us in the investigation of any activity that is suspected or actually violates these Terms.

Intellectual Property Rights

(1) Our services and related content (and all derived works or improvements thereof), particularly with respect to all texts, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, trademarks, service marks, trade names, and trade dress, as well as interactive features and all intellectual property rights therein, are either owned by us or licensed to us (collectively, "our intellectual property rights"), and none of the provisions in these terms grant you any rights related to our intellectual property rights. Unless expressly stated herein or required by applicable law for the use of the services, you do not acquire any rights, claims, or interests in our intellectual property rights. All rights not expressly granted in these terms are expressly reserved.

(2) If the products include digital content, such as music or videos, the rights will be granted to you as outlined in relation to such content on the site.

Disclaimer of Warranty for the Use of the Site and Services The services, our intellectual property rights, and all information, materials, and content provided in connection therewith and made available to users free of charge are provided without warranty of merchantability and availability and without any warranties of any kind, express or implied (warranties of fitness for a particular purpose or warranties regarding the security, reliability, timeliness, accuracy, and performance of our services, among others), except in cases of malicious non-disclosure of defects. We do not warrant that free services will be provided without interruption and error-free or that they will meet your requirements. Access to the services and the site may be suspended or restricted due to repairs, maintenance, or updates. The warranty for products, as outlined in the "Product Warranty" section above, remains unaffected.

Indemnification You agree to defend and indemnify us from and against all actual or alleged claims, damage claims, costs, liabilities, and expenses (including reasonable attorney fees) arising out of or in connection with your use of the website and services in violation of these terms, including, in particular, any use that violates the restrictions and requirements set forth in the "Permitted Use" section, unless these circumstances are not attributable to your fault.

Limitation of Liability (1) We are only liable for intent, gross negligence, negligent injury to life, body, health, or negligent violation of a material contractual obligation, and only in the case of fee-based services or the sale of products. A "material contractual obligation" means an obligation whose fulfillment is a prerequisite for the proper implementation of the agreement and on which you normally rely and can reasonably rely. Our liability for negligent violation of a material contractual obligation is limited to the amount of typical and foreseeable damages for this type of contract. Our liability under the Product Liability Act or in the case of explicit guarantees remains unaffected.

(2) The above provisions apply to our contractual (including liability for wasted expenditures) and non-contractual liability (including liability in tort) as well as liability arising from pre-contractual negotiations (culpa in contrahendo). They also apply in favor of our managing directors, executive employees, or other legal representatives, employees, and vicarious agents.

Change of Terms and Services; Termination We reserve the right to change these terms from time to time at our sole discretion to accommodate changes in the law or additional features we may introduce or as we otherwise develop our business. Therefore, you should read these terms regularly and in any case during the payment process when purchasing products. The new terms apply to any new order you place after the effective date of the new terms. If continuous services used by you are affected by changes in the terms, we will consider your legitimate interests in a reasonable manner. We will inform you of such changes in advance in a timely manner. The changes are deemed accepted by you if you do not object to these changes within two months of this notification. We will draw your attention to this in our notification. If you object to the changes, we have a special right of termination - without further obligations towards you - effective as of the date of the changes.

ChatGPT

We reserve the right to modify the services, cease the provision of the services or one or more functions of the offered services, or restrict the services. We may permanently or temporarily terminate or suspend access to the services itself—without stating reasons and without further obligations. We will, if possible under the circumstances, notify you in advance and consider your legitimate interests in such actions.

Links to Third-Party Websites The services may contain links through which you can leave the site. Unless otherwise indicated, the linked pages are not under our control, and we are not responsible for the content of linked pages, links contained on a linked page, or changes and updates to such pages. We are not responsible for transmissions received from a linked website. Links to third-party websites are provided for informational purposes only. The fact that we have added links to other websites does not imply endorsement of their owners or content.

Applicable Law (1) These terms are subject to the laws of [Federal Republic of Germany] (without regard to conflict of laws principles) and are to be construed accordingly. (2) The European Commission provides a platform for online dispute resolution (ODR), accessible at: https://ec.europa.eu/consumers/odr/. Please note that we are not obliged to settle disputes with consumers before alternative dispute resolution entities.

MISCELLANEOUS (1) A waiver by either party of a breach or default under these terms does not constitute a waiver of any subsequent breaches or defaults. (2) The headings used in these terms are for convenience only and have no legal significance. (3) Unless expressly stated otherwise: if any part of these terms is deemed unlawful or unenforceable for any reason, it is agreed that such part of the terms shall be struck out, and the remaining terms shall remain unaffected and fully effective. (4) Without our prior written consent, you may not assign your agreement with us under these terms or assign any or all of your contractual rights or obligations. (5) These terms constitute the entire agreement and supersede all prior written or oral agreements between you and us in connection with the services and the sale of products. (6) The provisions of these terms that by their nature are intended to survive such action on our part will remain in effect, especially provisions regarding indemnification, releases, disclaimers, limitations of liability, and this "Miscellaneous" section.

Contact To contact us, please send an email to: Name: Felix Strieder Address: Abteiweg 49 / 42653 Solingen / Germany Email: kontakt@optimize.bike