General Terms and Conditions (GTC)

MUSTcycle System Technology

1. Scope

1.1 These General Terms and Conditions (hereinafter "GTC") apply to all contracts between MUSTcycle System Technology (hereinafter "MUSTcycle") and its customers regarding the sale of bicycles, frame kits, spare parts, accessories, clothing, as well as services and adventure tours.

1.2 These GTC apply both to consumers within the meaning of § 1 KSchG and to entrepreneurs within the meaning of the Business Code (UGB), unless expressly different regulations are made.

1.3 Deviating terms and conditions of the customer become part of the contract only if MUSTcycle expressly agrees to their validity in writing.

1.4 By placing an order, the customer acknowledges these GTC as binding.

2. Provider

The contracting party is

MUSTcycle System Technology

Address according to the imprint

E-mail: jmu@mustcycle.at

Web: www.mustcycle.at

The current contact details can be found in the imprint of the website.

3. Definitions

For the purposes of these GTC, the following terms apply:

Products

All goods offered by MUSTcycle including

• OTIVAO Adventure Bikes
• Frame Kits
• Spare Parts
• Accessories
• Clothing
• Merchandise

Adventure Tours

Guided tours, driving technique training, and other events.

Frame Kit

Frame kit including the described components.

Consumers

Natural persons according to § 1 KSchG.

Entrepreneurs

Companies according to UGB.

4. Subject of the contract

4.1 MUSTcycle develops, manufactures, and sells high-quality sports equipment for alpine use.

The range includes in particular

• OTIVAO Adventure Bikes
• Frames
• Frame Kits
• Spare Parts
• Accessories
• Clothing
• Services
• Repairs
• Adventure Tours

4.2 All technical specifications, weight specifications, measurements, drawings, images, and product descriptions serve the purpose of product description.

They do not represent guaranteed properties unless explicitly stated in writing as binding.

4.3 Product images may differ slightly from the delivered product due to technical representations or production-related differences.

This does not constitute a material defect.

5. Conclusion of the contract

5.1 The presentation of products in the online shop, in brochures, or at trade fairs does not constitute a legally binding offer.

5.2 By placing an order, the customer makes a binding offer to conclude a purchase contract.

5.3 The contract is only concluded through

• a written order confirmation,
• an explicit acceptance declaration, or
• the delivery of the goods.

5.4 MUSTcycle reserves the right to refuse orders without stating reasons, as far as legally permissible.

5.5 Obvious writing, printing, calculation, or transmission errors entitle MUSTcycle to contest or correct.

6. Prices and Payment Terms

6.1 The prices stated at the time of the order apply.

All prices include the statutory value-added tax, unless expressly stated otherwise.

Shipping costs will be listed separately.

6.2 Accepted payment methods are specified in the online shop or the respective order confirmation.

6.3 Unless otherwise agreed, the purchase price is due immediately after the conclusion of the contract or according to the agreed payment terms.

6.4 For custom-made products, MUSTcycle may require a reasonable deposit.

6.5 If the customer is in default of payment, MUSTcycle is entitled to,

• demand statutory default interest,
• assert reminder costs,
• withhold deliveries until full payment is received.

6.6 Offsetting with counterclaims is only permissible to the extent that these have been legally established or expressly acknowledged by MUSTcycle.

6.7 The customer has a right of retention only to the extent that it is based on the same contractual relationship.

7. Manufacturing on Order

7.1 OTIVAO Adventure Bikes and frame kits are generally manufactured and assembled only after receipt of a binding order.

7.2 The manufacturing takes place in artisanal single or small series production using high-quality materials and components.

7.3 Minor production-related differences, particularly regarding

• surfaces,
• material structure,
• weld seams,
• color nuances,
• weight (within the technically usual tolerance range)

do not constitute a material defect.

7.4 MUSTcycle reserves the right to make technical improvements or structural changes, provided that the function, safety, or quality of the product is not impaired.

7.5 Delivery dates are, unless expressly agreed in writing as binding, non-binding guidelines.

8. Delivery and Shipping

8.1 Delivery is made to the delivery address specified by the customer.

8.2 The delivery time is determined by the respective order confirmation.

Unless a binding delivery period has been agreed upon in writing, delivery dates are considered non-binding guidelines.

8.3 Partial deliveries are permissible, provided they are reasonable for the customer.

8.4 If a product cannot be delivered on time due to force majeure, supply shortages, official measures, natural events, or other circumstances not attributable to MUSTcycle, the delivery period will be extended appropriately.

8.5 Claims for damages due to delivery delays exist only in cases of intent or gross negligence.

8.6 The risk of accidental loss or accidental deterioration passes to the customer upon delivery of the goods.

For entrepreneurs, the risk passes to the carrier upon handover.

8.7 The customer is obliged to document obvious transport damage immediately with the deliverer and to inform MUSTcycle about it without delay.

9. Retention of title

9.1 Until full payment of all claims arising from the respective contract, the delivered goods remain the property of MUSTcycle.

9.2 Before the transfer of ownership, the products may not be pledged or assigned as security.

9.3 The customer must inform MUSTcycle immediately if third parties access goods subject to retention of title.

10. Right of withdrawal, exchange, and return

10.1 Statutory right of withdrawal

Consumers have the statutory right of withdrawal only to the extent provided by law.

The details are set out in the separate withdrawal instruction.

10.2 Custom manufacturing

As far as products are manufactured according to customer specifications or are clearly tailored to the personal needs of the customer and the legal requirements are met, there is no right of withdrawal.

10.3 No voluntary right of return or exchange

MUSTcycle does not grant a voluntary right of return or exchange.

An exchange out of goodwill remains at the discretion of MUSTcycle in individual cases and does not establish any legal claim.

10.4 Inspection of the goods

The statutory right of withdrawal only entitles the customer to inspect the nature, characteristics, and functioning of the product to the extent that would also be possible in a retail store.

In particular, the following uses do not constitute a mere examination of the goods:

• Rides in the terrain,
• Rides on trails,
• Rides in bike parks,
• Jumps,
• sporty use,
• Competitions or training.

If a loss in value occurs due to use beyond the permissible examination, the customer must provide compensation for the value to the extent provided by law.

11. Warranty

11.1 The statutory warranty provisions of Austrian law apply.

11.2 The customer must report obvious defects immediately after discovery.

This serves for the fastest possible processing and does not constitute a prerequisite for consumers to assert statutory warranty rights.

11.3 In the event of a warranty claim, MUSTcycle has the right to first make improvements or exchanges, as far as this is legally permissible.

11.4 Only when improvements or exchanges are impossible or unreasonable, or fail within a reasonable time, do the customer’s statutory further warranty rights apply.

11.5 Excluded from the warranty are damages due to

• normal wear and tear,
• improper use,
• lack of maintenance,
• overloading,
• accidents,
• falls,
• non-approved components,
• unauthorized modifications,
• improper repairs,
• failure to observe the operating instructions,
• Non-compliance with safety and usage instructions,

as far as these circumstances are causative for the defect.

11.6 For wear parts, only the usual wear characteristics apply.

Normal wear does not constitute a warranty defect.

11.7 Components from other manufacturers are subject to the respective warranty and guarantee conditions of the manufacturer.

12. Voluntary Manufacturer's Warranty

12.1

In addition to the statutory warranty, MUSTcycle provides a voluntary manufacturer's warranty for selected products in accordance with the applicable warranty and service conditions.

12.2

The voluntary manufacturer's warranty represents an independent voluntary service from MUSTcycle and does not limit the statutory warranty rights of the customer.

12.3

Scope, duration, conditions, and exclusions are exclusively derived from the separate warranty and service conditions.

13. Liability

13.1 MUSTcycle is liable according to statutory provisions for damages caused intentionally or through gross negligence.

13.2 In cases of slight negligence, MUSTcycle is liable – as far as legally permissible – only for the violation of essential contractual obligations and only for the foreseeable, typical contractual damage.

13.3 The liability limitations do not apply in cases of

• damages to life, body, or health,
• claims under the Product Liability Act,
• intentional conduct,
• gross negligence,
• explicitly assumed guarantees.

13.4 The customer is obliged to use the product exclusively in accordance with

• the operating instructions,
• the safety and usage instructions,
• the maintenance guidelines

to be used.

Any use outside the intended area of application is at your own risk.

13.5 MUSTcycle is not liable for damages caused by

• improper use,
• lack of maintenance,
• unauthorized modifications,
• use of non-approved components,
• failure to observe the operating instructions,
• failure to observe the safety and usage instructions

if these circumstances are causally related to the damage.

14. Adventure Tours

14.1 Adventure Tours serve the purpose of experiencing nature and sports as well as technical driving training.

They do not represent a competition.

14.2 Participation is at your own risk.

Each participant confirms with the booking,

• to be in good health,
• to have sufficient physical fitness,
• to be able to meet the requirements of the respective tour.

14.3 The instructions of the tour guides must be followed at all times.

In case of safety-threatening behavior, a participant may be excluded from the tour.

There is no right to a refund in this case.

14.4 MUSTcycle reserves the right to

• adjust, postpone, or cancel tours due to weather,
• natural events,
• government orders,
• safety reasons

.

This does not give the participant any further claims, as far as legally permissible.

14.5 During all tours, wearing a helmet is mandatory.

MUSTcycle also recommends wearing appropriate protective clothing.

15. Intellectual Property

15.1 All rights to

• trademarks,
• logos,
• product names,
• photographs,
• graphics,
• CAD data,
• technical drawings,
• designs,
• documentation,
• user manuals,
• software as well as
• other documents

remain exclusively with MUSTcycle or the respective rights holders.

15.2 Without prior written consent, these may not be reproduced, published, modified, or used commercially.

15.3 This applies in particular to designs of the OTIVAO Adventure Bike as well as all future MUSTcycle products.

16. Data Protection

16.1 The processing of personal data is carried out in accordance with the applicable data protection regulations.

16.2 Details can be found in the separate privacy policy on the MUSTcycle website.

17. Final Provisions

17.1 Severability Clause

Should individual provisions of these terms and conditions be wholly or partially ineffective or unenforceable, the validity of the remaining provisions shall remain unaffected.

Instead of the ineffective provision, the legally permissible regulation that comes closest to the economic purpose of the ineffective provision shall apply.

17.2 Applicable Law

Austrian law shall apply exclusively, excluding the conflict of laws provisions and the UN Sales Law (CISG), unless mandatory statutory consumer protection regulations oppose this.

17.3 Jurisdiction

For entrepreneurs, the competent court at the registered office of MUSTcycle is agreed as the exclusive jurisdiction, as far as legally permissible.

For consumers, the statutory jurisdiction regulations apply.

17.4 Contract Documents

Part of the contractual relationship are – depending on the type of product or service – additionally:

• Warranty and service policy
• the operating instructions,
• the safety and usage instructions,
• the cancellation policy,
• the privacy policy.

In the event of contradictions, mandatory statutory provisions take precedence.