Terms of service
Terms of Service
General Terms and Conditions
Effective Date: June 1, 2022
Version Number: 230220
1. Definitions
In these general terms and conditions (“Terms”), the following definitions shall apply:
1.1 Agreement: Any and every agreement entered into in a signed writing between Hepha and a Customer including these Terms, and any amendment thereto.
1.2 Customer, You or Your: All consumers and entrepreneurs with whom Hepha enters into an Agreement or with whom Hepha is negotiating about the conclusion of an Agreement.
1.3 Consumer: A consumer is any natural person who places an order for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is a natural or legal person or partnership with legal capacity who orders for commercial, self-employed or freelance purposes.
1.4 Order: Any order issued by a Customer to Hepha in any form whatsoever.
1.5 Privacy Policy: The statement to be consulted by the Customer on the website of Hepha regarding the processing of personal data, which may be amended from time to time and is incorporated herein by reference and located at https://hepha.com/policies/privacy-policy.
1.6 Products: Any and all goods which are the subject of an Agreement.
1.7 Services: All services provided by Hepha to the Customer, which are directly linked to the Purchase of a Hepha Product by a Customer.
1.8 Hepha or We or Us: The private company with limited liability under German law, Hepha GmbH, having its registered offices in Maisach, Germany.
2. Applicability
All offers, deliveries, and services of Hepha are subject to these General Terms and Conditions. They become part of all agreements that Hepha enters into with a Customer regarding the products and/or services offered by Hepha.
The general terms and conditions of the Customer or a third party do not apply, even if Hepha does not specifically oppose the application of such terms and conditions in each individual case.
Contact information relevant to the Customer that relate to the identity of Hepha:
Hepha GmbH, Lise-Meitner-Str. 7a, 82216 Maisach, Germany
Contact: info@hepha.com, tel. +49(0) 814 2284 4480
3. Quotations, Agreements, Product Descriptions
A quotation or (price) offer, particularly in advertisements or other advertising material, shall not be binding on Hepha and shall qualify only as an invitation to the Customer to place an Order.
The legal relationship between Hepha and the Customers (the “Contracting Parties”) is solely governed by the written agreement entered into, including these General Terms and Conditions.
Hepha shall observe due care in informing the Customer of the figures, measurements, weights, features, and other information applicable to the Products, but cannot warrant that these shall be free of deviations.
The agreed quality of the products is solely defined by individual agreements made with the Customer and the technical specifications in the product data sheets.
Hepha does not offer any guarantee or warranty that the products can be used as intended by the Customer.
To operate all features of the Product and have full availability of the Services offered by Hepha, it is necessary to have private access to a mobile device with updated Hepha mobile device applications.
4. Prices and Terms of Payment
All Hepha’s prices are in EUR unless expressly stated otherwise.
Prior to delivery, any change of factors having an impact on the prices of Hepha may be charged to the Customer.
If prepayment by bank transfer has been agreed, payment is due immediately after conclusion of the contract.
Credit Card (VISA, MASTERCARD, AMERICAN EXPRESS): Payment is initiated immediately after order placement.
If you select the "SOFORT" payment method, the payment will be processed by SOFORT GmbH.
If you select a payment method via Klarna, the payment will be processed by Klarna Bank AB.
5. Delivery and Risk
The delivery period is indicated on the respective product pages in our online shop.
The delivery period shall commence on the date of Hepha’s written order confirmation.
The Customer has the right to dissolve the Agreement if Hepha fails to deliver within a reasonable period.
Hepha is entitled to partial deliveries under certain conditions.
If the parties have not explicitly agreed on delivery costs, the delivery shall be made at Hepha’s premises.
If the Customer fails to collect the Products, Hepha shall be entitled to store the Products at the Customer’s risk.
6. Consumer Right of Withdrawal
If the Customer is a Consumer, they must be informed about a statutory right of withdrawal.
You have the right to withdraw from this contract within 14 days without giving any reason.
If you withdraw from this contract, we shall reimburse all payments received from you.
Exceptions to the right of withdrawal apply in certain cases.
Model withdrawal form is provided for your convenience.
7. Retention of Title
Title to the Products shall not be transferred until full payment is made.
The Customer shall not be authorized to rent, let, or encumber the Products until title is transferred.
The Customer shall inform Hepha of any claims regarding the Products.
8. Inspection and Complaints
The Customer shall inspect the Products immediately upon arrival.
Failure to inspect does not affect legal claims for consumers.
The Customer shall cease use of defective Products immediately.
Return of Products requires prior written agreement from Hepha.
9. Warranty
All products purchased from Hepha come with a 2-year warranty on important components.
Warranty periods for bicycle frames are 5 years for aluminum and carbon frames.
Warranty does not cover normal wear and tear or damage due to misuse.
10. Warranty Claims
Hepha warrants only those features explicitly agreed in writing.
Liability is limited to what can be claimed from suppliers.
11. Force Majeure
Obligations are suspended during a force majeure situation.
Either party may dissolve the Agreement if the situation lasts over one month.
12. Liability
Customer’s claims for compensation are excluded except in specific cases.
In case of breach of fundamental obligations, liability is limited.
13. Termination
Hepha may suspend or dissolve the Agreement if the Customer fails to fulfill obligations.
14. Maintenance and Updates
Updates may be necessary to maintain safety and functionalities.
15. Transfer of Rights and Obligations
Hepha may transfer rights and obligations to third parties with prior notice to the Customer.
16. Privacy
We process and safeguard your personal data according to our Privacy Policy.
17. Conversion
If any provision of these Terms cannot be invoked due to any imperative rule of law, it shall be construed to have a corresponding meaning.
18. Applicable Law, Competent Court
The law of Germany shall be applicable to these Terms and any disputes shall be brought before the competent court in Düsseldorf, Germany.
19. Severability
If any provision is declared illegal or unenforceable, the remaining provisions shall remain in effect.
20. Amendment of Terms
These Terms may be amended by Hepha with notification to the Customer. In the absence of protest, the amended Terms shall apply.
Hepha GmbH, Lise-Meitner-Str. 7a, 82216 Maisach, Germany
Contact: info@hepha.com, tel. +49(0) 814 2284 4480