Terms and Conditions BikePass Shop
Terms and Conditions (T&C) for the online store of
leap42 UG (limited liability)
Wacholderstraße 42, 40489 Düsseldorf, Germany
Effective: January 2025
§ 1 Scope
(1) These Terms and Conditions apply to all orders placed through the online store of leap42 UG (limited liability), hereinafter referred to as “BikePass,” “we,” or “us.”
(2) These Terms and Conditions apply to consumers (Section 13 of the German Civil Code) and businesses (Section 14 of the German Civil Code).
(3) Any terms and conditions of the customer that differ from or supplement these terms and conditions will not be recognized unless we have expressly agreed to their validity in writing.
§ 2 Contracting Parties
The purchase agreement is concluded with:
leap42 UG (limited liability)
Wacholderstraße 42
40489 Düsseldorf
Germany
Represented by: Managing Director J. Noll
Commercial Register: HRB 100333, Düsseldorf Local Court
Email: support@bikepass.eu
§ 3 Subject Matter of the Contract
(1) In our online store, we offer two types of products:
- BikePass ID (coding kit) – a physical product for individually marking bicycles with a tamper-resistant ID.
- BikePass (digital bike pass, web app) – a digital product that allows users to manage their bikes, components, documents, invoices, photos, and proof of ownership.
(2) To use the BikePass as a digital product, you must have a user account.
(3) The service is provided partly digitally (web app) and partly by mail (coding kit).
§ 4 Formation of the Contract
(1) The presentation of products in the online store does not constitute a legally binding offer, but rather an invitation to place an order.
(2) By clicking the "Buy Now" button, the customer submits a binding offer.
(3) The contract is concluded as soon as we confirm the order by email or ship the goods.
(4) Digital products are made available immediately upon receipt of payment.
§ 5 Prices and Shipping Costs
(1) All prices are total prices and include the applicable sales tax.
(2) Shipping costs are charged separately and shown during the ordering process.
(3) The customer is responsible for any customs duties on shipments outside the EU.
§ 6 Payment Methods
We offer the following payment methods:
- PayPal
- Credit card
- Instant Bank Transfer
- Apple Pay
(1) The available payment methods are displayed during the checkout process.
(2) For credit card payments, the amount will be charged upon completion of the purchase.
§ 7 Delivery and Provision
Physical products (BikePass ID)
(1) Shipping is handled by DHL throughout the EU.
(2) Delivery usually takes 2–5 business days.
(3) Partial deliveries are permitted provided they are reasonable for the customer.
Digital Products (BikePass Web App)
(4) Digital content will be made available to the customer immediately upon receipt of payment.
(5) Access is granted via a confirmation email.
§ 8 Right of Withdrawal for Consumers
(1) Consumers have a 14-day right of withdrawal.
(2) The following applies to digital content (BikePass web app): The right of withdrawal expires if
- the customer has expressly agreed that we may begin performing the contract before the end of the cancellation period, and
- the customer has confirmed that this will result in the loss of their right of withdrawal.
§ 9 Retention of Title
The delivered product remains the property of BikePass until full payment has been received.
§ 10 Rights of Use for Digital Content
(1) The customer is granted a simple, non-transferable right to use the digital product.
(2) Sharing login credentials with third parties is prohibited.
(3) Commercial use, in particular the provision of access to third parties for a fee, is not permitted without the express consent of BikePass.
§ 11 Warranty
(1) The statutory warranty rights under Sections 434 et seq. of the German Civil Code (BGB) apply.
(2) For digital products, we guarantee that access will be provided in a technically sound manner.
(3) The customer must report any apparent defects immediately and grant BikePass a reasonable period of time to remedy the defect.
(4) As part of the remedy, we may, at our discretion,
- set up a new account or
- make technical improvements to the digital product.
§ 12 Liability
(1) We assume unlimited liability in cases of willful misconduct and gross negligence.
(2) In cases of simple negligence, we are liable only for damages resulting from a breach of material contractual obligations (cardinal obligations). In such cases, liability is limited to foreseeable damages typical for this type of contract.
(3) We are not liable for:
- Data loss, unless the customer has created their own backup copies,
- indirect damages such as lost profits,
- Theft of a bicycle; BikePass is a documentation and identification system and does not replace security measures (e.g., bike locks, insurance).
(4) Liability under the Product Liability Act and for damages resulting from injury to life, limb, or health remains unaffected.
§ 13 User Account & Security
(1) The customer is required to keep login credentials confidential and protect them from access by third parties.
(2) Content uploaded by the customer (e.g., images, documents, text) must not infringe upon the rights of third parties (in particular, copyrights, trademark rights, and personal rights).
(3) We reserve the right to suspend or delete accounts if
- the content is clearly illegal,
- if there is misuse of the platform,
- false or misleading information was provided.
§ 14 Dispute Resolution
(1) The European Commission provides an online dispute resolution platform (ODR platform).
(2) We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
§ 15 Final Provisions
(1) This Agreement shall be governed by German law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
(2) The place of jurisdiction for merchants, legal entities under public law, and special funds under public law is Düsseldorf.
(3) Should any provision of these Terms and Conditions be or become invalid, the remainder of the contract shall remain in full force and effect. The invalid provision shall be replaced by the applicable statutory provision.
Terms and Conditions BikePass App
Terms and Conditions (T&C) for the use of the BikePass web app
by leap42 UG (limited liability), Wacholderstraße 42, 40489 Düsseldorf
Effective: January 2025
§ 1 Scope
(1) These Terms of Use apply to all services of the BikePass web app (“BikePass”) provided by leap42 UG (limited liability).
(2) Use of the web app requires acceptance of these Terms and Conditions.
(3) Any terms and conditions of the user that differ from these shall not apply unless we expressly agree to them.
§ 2 Scope of Services
(1) BikePass is a digital bicycle registry that allows users to:
- Manage bicycles, serial numbers, frame numbers, and components,
- Upload images, invoices, and service documents,
- to track ownership status and transfers of ownership,
- to document lost or found bicycles,
- Present bicycle data in a transparent manner when reselling.
(2) Use of the service is subject to a one-time fee. There is no subscription (no recurring charges).
(3) BikePass provides a tool for prevention, documentation, and identification. We expressly make no guarantee that stolen bicycles will be recovered or that perpetrators will be apprehended.
§ 3 Registration and User Account
(1) Use of the service requires a valid user account. Registration must be completed using a valid email address.
(2) The user agrees to,
- to provide complete and accurate information,
- to keep the login credentials confidential,
- not to share their account with third parties.
(3) The user is responsible for all activities conducted under their account.
(4) If unauthorized use or a security incident is suspected, the user is required to notify BikePass immediately.
§ 4 Use of the Web App
(1) The user is granted a non-exclusive, non-transferable right to use the web app to the extent agreed upon in the contract.
(2) The following actions are prohibited:
- Uploading illegal content,
- Uploading copyrighted content without the appropriate authorization,
- technical tampering with the platform,
- automated bulk use (e.g., bots, scraping),
- Attempts to bypass security features,
- Use of the platform for purposes other than the management or documentation of bicycles.
(3) The user is required to save their own content (e.g., invoices, images) only if they are authorized to do so.
§ 5 User Content
(1) The user retains full ownership of the content they upload (e.g., images, invoices, documents).
(2) He grants BikePass a simple, geographically unrestricted right of use to the extent that it is technically necessary for the provision of the platform (storage, backup, display).
(3) The user is responsible for the legality of the content.
(4) BikePass is entitled to delete or block content if
- they violate applicable law,
- infringe on the rights of third parties,
- obviously do not fit the platform's purpose,
- are technically harmful (e.g., malware).
§ 6 Availability of Services
(1) BikePass strives to ensure high service availability.
(2) Temporary restrictions may arise, in particular, due to:
- Maintenance work,
- Updates,
- technical problems,
- force majeure (e.g., power outages, network failures).
(3) There is no guarantee of uninterrupted availability at all times.
§ 7 Liability
(1) BikePass is liable for damages without limitation only in cases of willful misconduct or gross negligence.
(2) In cases of simple negligence, liability is limited to:
- Damages resulting from a breach of material contractual obligations (cardinal obligations),
- the foreseeable damages typical for this type of contract.
(3) In particular, BikePass is not liable for:
- Data loss, unless the user maintains adequate backups of their data,
- Damages resulting from incorrect or incomplete information provided by the user,
- the theft or loss of a bicycle; BikePass is a documentation and identification system, but it does not replace physical security measures.
(4) Liability for damages resulting from injury to life, limb, or health remains unaffected. The same applies to strict liability under the Product Liability Act.
§ 8 Term of the Agreement and Termination
(1) Access begins after payment of the one-time fee and successful registration.
(2) The user may delete their account at any time using the features provided in the web app.
(3) Upon deletion of the account, all personal data and content will be deleted or anonymized in accordance with the provisions of the Privacy Policy, unless required by law to be retained.
§ 9 Changes to the Terms of Use
(1) BikePass reserves the right to amend these Terms of Use if
- technical changes to the platform,
- new features,
- changes in the legal framework make this necessary.
(2) Users will be notified of material changes in an appropriate manner. If the user continues to use the services after the changes take effect, the amended terms shall be deemed accepted, unless the user objects and ceases use.
§ 10 Final Provisions
(1) This Agreement shall be governed exclusively by German law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
(2) The place of jurisdiction is Düsseldorf, provided that the user is a merchant or does not have a general place of jurisdiction in Germany.
(3) If any provision of these Terms of Use is or becomes invalid, the validity of the remaining provisions shall remain unaffected.