Scope

These General Terms and Conditions, as updated at the time of your purchase order, exclusively govern the business relationship between you and KRAFT Digital Health Mobility UG (limited liability), located at Mariendorfer Damm 1, 12099 Berlin, Germany (OXYDRIVE eQuadricycle). KRAFT Digital Health Mobility UG (referred to as OXYDRIVE) does not recognize any differing terms from you unless explicitly agreed upon in writing by OXYDRIVE.

Contractual Partners

OXYDRIVE is managed by KRAFT Digital Health Mobility UG (limited liability), with its address at Mariendorfer Damm 1, 12099 Berlin, Germany. Upon the formation of a contract, KRAFT Digital Health Mobility UG (limited liability) will be your contractual partner.

KRAFT Digital Health Mobility UG (limited liability)
c/o The Drivery GmbH
Mariendorfer Damm 1
12099 Berlin
Germany

Formation of Contract

By placing an order, you submit a binding offer to OXYDRIVE to enter into a contract. The purchase agreement comes into effect when OXYDRIVE accepts your offer by dispatching the goods. The automated confirmation email upon receipt of your order does not constitute acceptance by OXYDRIVE; it merely acknowledges that your purchase offer has been received. For advance payments, OXYDRIVE will provide bank account details via email, which also does not imply acceptance of your offer.

The contract text will be stored. The automated confirmation email contains your order details. You can view or download OXYDRIVE's General Terms and Conditions at any time from this site.

The purchase contract may be concluded in either German or English.

Cancellation Instructions

Right of Withdrawal

You have the right to withdraw your offer to enter into a contract within thirty (30) days without needing to provide any reasons. The 30-day period begins when the goods are handed over to you or a third party designated by you, excluding the carrier.

To exercise your right of withdrawal, you must clearly state your decision in writing. This can be done by regular mail or email. You may use the sample withdrawal form provided. Sending the withdrawal notice within the 30-day period is sufficient to meet the deadline.

Please address your withdrawal notice to:

KRAFT Digital Health Mobility UG (limited liability)
c/o The Drivery GmbH
Mariendorfer Damm 1
12099 Berlin
Germany
dk[at]digitalhealthmobility.com

Effects of Withdrawal

If you withdraw from the contract, we will refund all payments received from you, including delivery costs (except for additional costs arising if you chose a method of delivery other than the least expensive standard delivery offered by us), within 14 days from the day we receive your withdrawal notice. Refunds will be made using the same payment method you used for the initial transaction unless otherwise agreed. No fees will be charged for the refund. We may withhold the refund until we have received the returned goods or until you have provided evidence that you have sent the goods back, whichever is earlier.

You are required to send the goods back to us without delay and no later than 14 days from the date you informed us of your withdrawal.

Return Address:

KRAFT Digital Health Mobility UG (limited liability)
c/o The Drivery GmbH
Mariendorfer Damm 1
12099 Berlin
Germany

The withdrawal period is observed if you send the goods back within the 14-day timeframe. We will cover the costs of returning the goods.

You will only need to compensate for any reduction in the value of the goods if it is the result of handling them beyond what is necessary to establish their nature, characteristics, and functioning.

Sample Withdrawal Form

If you wish to withdraw from the contract, please fill out this form and return it to us:

KRAFT Digital Health Mobility UG (limited liability)
c/o The Drivery GmbH
Mariendorfer Damm 1
12099 Berlin
Germany
dk[at]digitalhealthmobility.com

  • I () hereby withdraw from the contract for the purchase of the following goods()/provision of the following services(*)

  • Ordered on()/received on()

  • Name of consumer(s)

  • Address of consumer(s)

  • Signature of consumer(s) (only if sent by post)

  • Date

(*) Delete as applicable

Exclusions from the Right of Withdrawal

You do not have the right to withdraw if:

  • You are not a consumer within the meaning of Section 13 BGB (German Civil Code). According to § 13 BGB, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.

  • The goods have been custom-made or tailored to your specifications, provided that the individual components cannot be separated without disproportionate effort or significant adverse effects on their functionality or condition.

Delivery and Delayed Delivery

Unless otherwise agreed, delivery will be made to the address you specify.

In some cases, OXYDRIVE may offer to send you a product that is temporarily unavailable at a later date, once it becomes available (delayed delivery). You will not incur any additional shipping costs or cash-on-delivery fees for delayed deliveries.

Payment

If you are a customer in Germany, you may pay OXYDRIVE via PayPal or advance payment. New customers cannot pay by invoice. OXYDRIVE reserves the right to refuse payment by invoice for certain customers or orders. For customers outside of Germany, payment is accepted PayPal, or advance payment only.

Payments made via PayPal will only be processed once the goods have been dispatched.

If you choose to pay in advance, you must transfer the payment directly to our bank account. Please note that you are responsible for any bank fees associated with advance payments from abroad. OXYDRIVE must receive the full invoice amount.

Due Date and Delays

The purchase price is due immediately upon conclusion of the contract. For orders placed by invoice, the invoice will indicate the due date. If you delay payment, OXYDRIVE is entitled to charge interest on the overdue amount.

Set-off and Right of Retention

You may only offset claims if your counterclaims are legally recognized or acknowledged by OXYDRIVE. Additionally, you may only exercise your right of retention if your counterclaim arises from the same contractual relationship.

Retention of Title

The goods remain the property of OXYDRIVE until full payment has been made.

Warranty for Defects and Liability

The statutory warranty conditions apply. The warranty period is 2 years, starting from the date of delivery. Your warranty claims are initially limited to subsequent performance (rectification of defects or replacement).

Unless stated otherwise, further claims are excluded regardless of their legal basis. OXYDRIVE is not liable for losses that do not occur to the delivered goods themselves. In particular, OXYDRIVE is not liable for lost profits or other financial losses. Where OXYDRIVE's liability is excluded or limited, this also applies to the personal liability of employees, representatives, and agents.

The above limitation of liability does not apply if the loss is caused by intentional misconduct or gross negligence or if there is harm to life, body, or health. The limitation also does not apply if you make claims under Product Liability Act. Moreover, the limitation of liability does not apply in cases of breach of essential contractual obligations.

Applicable Law

The entire legal relationship between you and OXYDRIVE is governed by German law.