Terms and Conditions of Service

Last Update: December 6th, 2022

Country of eligibility: Germany

THANK YOU FOR CHOOSING REUSE AS AN ALTERNATIVE TO NEW PRODUCTION.

Please read these Terms and Conditions of Service ("Terms", "Terms and Conditions") carefully before using the Service ("Service") provided by Recyclies ("us", "we", or "our"). To use the Service you must be at least 18 years old and be able to enter into legally binding contracts. Minors may access the Service under the supervision of a legal representative who is at least 18 years old and has entered into a Subscription on behalf of the minor. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all members, users, and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms then you may not access the Service.

These Terms and Conditions are applicable to any Subscription plan (Freebies, Rusties, Roadies, and Vintage) between Recyclies and the Member. Any additional agreements that are outside of these Terms and Conditions have to be confirmed in writing by Recyclies to be valid.

Definitions

For the purpose of these Terms and Conditions of Service:

Bike	is the bicycle that is provided to the Member by Recyclies after the Subscription is concluded and these Terms and Conditions of Service have been accepted by the member.
Member	is a private individual or a legal entity that subscribed to the Service offered by Recyclies under these Terms and Conditions of Service.
Membership fee	is the monetary value to be paid by the Member to Recyclies for the use of the Bike and Services provided by Recyclies to the Member.
Subscription	is a contract between the Member and Recyclies that defines the use of the Bike and the additional Services that Recyclies may provide.
Subscription plan	Defines the type of Bike, Accessories coming with the bike, monthly Subscription fee, and additional Services. Available Subscription plans are Freebies, Rusties, Roadies, and Vintage. However, the Subscription may be concluded outside of the standardized plans.

Subscription

By completing the Order and Checkout, the Member is sending a Subscription request to Recyclies to enter into a Subscription. Recyclies may confirm the Subscription request by sending a confirmation email to the Member. However, this confirmation does not represent the affirmation of the Subscription by Recyclies. The Subscription becomes effectual only after the Bike has been delivered or handed over to the Member. After the Subscription request is issued by the Member, Recyclies has to undertake the risk check of the Member and secure the Bike, which may take up to 14 days. During this period, the Subscription request remains legally binding. In case of any reasons are detected that could result in the Subscription request being declined, Recyclies may notify the Member.
In the presence or digital verification process, may be performed by Recyclies to confirm the identity of the Member. To support the process the Member shall present an identification document (ID card, passport, or driver's license). In the event of not being able to finalize the verification, Recyclies preserves the right not to hand over the Bike.
Latest at the handing over of the Bike, the Member shall in written verify the payment method, personal details, and the receiving of the Bike.
During the Subscription period, the Member is entitled to use the Bike handed over to him. The Bike is to be used according to the Terms and Conditions. During the Subscription period, the Member is going to pay a monthly Subscription fee, according to the Subscription plan. The Subscription Fee is to be paid at the beginning of each month based on the date of the Subscription.
Maintenance of the correctness of the data (phone number, address, and payment information) during the Subscription period is the responsibility of the Member. In case of the changes of the data submitted to Recyclies, the Member shall inform Recyclies about the changes within 7 days after the change has happened.

Theft prevention, Locks, and Keys

Based on the Subscription plan, Recyclies may provide the Member with a lock and a compatible key. During the Subscription Period, Recyclies may keep a spare key. It is forbidden for the Member to copy the key or to have more than one key of the same lock or to give the key to any other individual.
The member owes to protect the key from loss. In case the key is damaged, lost, or stolen, the Member shall inform Recyclies immediately after determining the damage, loss, or theft of the key. Recyclies may provide a new lock or key and may charge a fee
t shall protect the key against loss, theft, and unauthorized use at all times and is not permitted to pass the key on to third parties. If the key is lost, stolen, or damaged, the Member must request a new key from Recyclies. Recyclies may charge a Fee as noted in Appendix I-B.

Use of the Bike

Under these Terms and Conditions, “use” of the Bike includes riding, pushing, parking, and storing the Bike.
The Bike is considered to be parked at any moment when the Member is not in direct physical contact with the Bike. During the time the Bike is parked or stored the Member has to make sure that the Bike is locked to a fixed object that shall prevent physical movement of the Bike. Locking the Bike only to itself is not considered as locking the Bike as the Bike could be carried away. In case of a theft where the Bike was not locked to a fixed item, the Member may be charged per Appendix I-A-b.
Bikes that are part of the Vintage subscription plan, shall be parked at the secured place (apartment, balcony, locked garage) and locked to a fixed item. In case of a theft where the Bike was not locked to a fixed item and stored at a secured place, the Member may be charged per Appendix I-A-b.
The Member may only use the Bike at their own risk and is responsible for such use and all consequences that may arise from the use of the Bike. The Member is responsible to verify that the Bike is in a good and safe condition throughout the Subscription period. The Member shall regularly check for any damage to the Bike, missing or loose screws, tire condition, the proper functioning of all lights and reflective devices, the proper functioning of pedals, the proper functioning of the bell, and the braking system.
In case of any damage or defect of the Bike, the Member is forbidden to use the Bike, unless the purpose of the use is to park or store the bike or the bike is being pushed to the parking location. The Member shall inform Recyclies in case of defects or damages in 7 days. If the Member uses the Bike for riding, this will mean that he made sure the Bike is functional and safe to ride and has no damages or defects.
The Member shall take care of the Bike and shall not apply unusual stress to the Bike.
The Bike is to be used only by the Member and shall not be given to any other individual, nor shall any other individual be transported on the bike. The Member must not gain any other interest from the bike besides riding the Bike by himself. Selling or sub-letting the bike is forbidden.
The Member may not alter the Bike or make any changes to the Bike that cannot be reversed without damaging it.
Recyclies is entitled to inspect the Bike at any time, to ensure the Bike is in good condition, is being used appropriately, to repair it, or to replace it.

Replacements

The member is entitled to a Replacement only if the Bike is damaged or defective. In case of theft and loss of the Bike, the Member is entitled to a Replacement only if the theft or loss was not caused by the Member's actions.
If Recyclies is unable to repair the damage on the Bike, Recyclies may offer another Bike from the same category. The Member has the right to refuse the offer and cancel the Subscription in case an alternative suitable Bike is not found.
Recyclies may refuse the Replacement in cases when the Member has unpaid costs to Recyclies or if Member did not return the previous Bike or any accessories like locks and/ok keys.

Start of Subscription

The Subscription period starts from the date Order has been issued by the Member. The Subscription continues to run until it is terminated as defined in these Terms and Conditions.

End of Subscription

The termination can be requested by the Member and Recyclies at any time. The termination request shall be submitted in writing per email. The notice period is one month starting from the 1st of the next month after the termination request has been submitted in writing.
The valid termination request is the one that is issued by the Member or by Recyclies per email.
The notice period is one month starting from the 1st of the next month after the termination request has been submitted in writing.
If the termination is issued by the Member, the Member has to return the Bike and all other equipment (lock, keys…) to the Recyclies store before the end of the termination period. If the Member does not return the Bike to the Recyclies store, the termination request is going to be considered invalid and the Subscription is going to continue.
Recyclies may at any time terminate the Subscription with a notice period of one month starting from the 1st of the next month after the termination request has been submitted in writing. The Member shall return the Bike and all other equipment to Recyclies store.
In case of theft, loss, or damage of the Bike, Recyclies reserve the right to terminate the Subscription with immediate effect. Such termination shall be communicated in writing via email.
In case the Member breaks any of the agreements from these Terms and Conditions or does not pay the monthly Subscription fee or any other Charges, Recyclies reserve the right to terminate the Subscription with immediate effect. Such termination shall be communicated in writing via email.
In the event that Recyclies has failed to fulfill obligations described in these Terms and Conditions, the member has the right to terminate the Subscription with immediate effect. Such termination shall be communicated in writing via email.

Prevention and handling of theft

The Member shall take good care of the Bike, including protecting it from theft. At the times when the Bike is parked or stored, the Member must always lock the Bike to a fixed object. The lock provided by Recclies is to be used for locking the Bike. By locking the Bike to a fixed object, the Member shall ensure that the Bike can not be taken away, including being carried away.
In case of theft, the Member shall inform Recyclies immediately after noticing the theft.
In case of theft, the Member shall cooperate with Recyclies in reporting the theft to the police, by providing all necessary details that may be needed to support the police investigation.
In case of theft, the Member shall return the key and all equipment that has not been stolen.
In case of theft, the Member shall pay to Recyclies the charge as defined in Appendix I-A-a in case the Bike was locked to the fixed object, or as defined in Appendix I-A-b in case the Bike was not locked to a fixed object or not locked at all.
In case of false or insufficient information being provided by the Member, Recyclies may charge the Member as defined in Appendix I-E.

Damages to the Bike

In the case of damage to the Bike, the Member shall inform Recyclies about the damage, at the latest in the next 12 hours.
Recyclies reserve the right to charge any damage made by Member as defined in Appendix I-A-c.
In the event of an accident, the Member is not allowed to accept any liability to a third party without Recyclies’ prior consent. In case the Member accepts any liability to a third party, the Member is going to bear all consequences for the liability. The Member is not allowed to accept any liability on Recyclies behalf.

Subscription payments and charges

In order to start the Subscription, the Member shall provide a direct debit mandate on his bank account, credit card, or any other payment method so that Recyclies can withdraw the monthly Subscription fee and any other charges owed by the Member.
The Members shall inform Recyclies about the payment changes (credit card changes, bank number changes…) to avoid missed payments. In case of missed payments by the Member, Recyclies reserve the right to hire a debt collection agency. Any additional costs shall be paid by the Member.

Changes to these Terms and Conditions of Service

Recyclies reserves the right to change these Terms and Conditions of Service if this is necessary for any reason Recyclies considers important, such as but not limited to changes in the Subscription fee, changes in the legal state, or changes of the strategy. In case of such changes, Recyclies shall communicate to the Member the changes via email at least one month in advance. After the changes have been communicated, the Member reserve the right to terminate the Subscription in case the change is directly influencing the price or scope of the service. If the Member does not object within 1 month of receiving the message, the changes will take effect.

Miscellaneous

By requesting the Subscription, online or in-store, the Member accepts without any reservation these General Terms and Conditions.
In case of a request from the public authorities to provide information about the Member, Recyclies may provide such information according to the relevant laws.

Final Provisions

Should a provision of these General Terms and Conditions be or become invalid or non-executable, this shall not affect the remaining provisions. The invalid or non-executable provision shall be replaced by the relevant legal regulations.
The law of the Federal Republic of Germany applies to these Terms and Conditions of Service.
Any disputes arising from the General Terms and Conditions in relation to the Member's subscription shall be submitted to the court of Berlin.

Appendix I - Fees and charges

Here you can find an overview of Fees and Charges as mentioned in the Terms and conditions.

A. Charges for lost, stolen, not returned, or damaged Bike.

In case of the Bike being lost, stolen, not returned, or damaged, Recyclies reserve the right to charge the Member as defined in the tables below per the relevant situation and subscription plan:

a. Loss or theft of a Bike that was locked to a fixed item

Subscription plan	Currency	Amount
Freebies	€	20,00
Rusties	€	100,00
Roadies	€	200,00
Vintage	€	300,00

b. Loss or theft of a Bike that was not locked

Subscription plan	Currency	Amount
Freebies	€	50,00
Rusties	€	200,00
Roadies	€	400,00
Vintage	€	600,00

c. Damage to the Bike

Subscription plan	Currency	Amount
Freebies	€	20,00
Rusties	€	100,00
Roadies	€	200,00
Vintage	€	300,00

d. Not returning a Bike after the subscription period ended

Subscription plan	Currency	Amount
Freebies	€	50,00
Rusties	€	200,00
Roadies	€	400,00
Vintage	€	600,00

B. Additional charges for losing or damaging a key, or a key being stolen.

Recyclies reserves the right to issue a Charge to the Member in case of a key being lost or damaged, or a key being stolen as listed below:

Subscription plan	Currency	Amount
Freebies	€	-
Rusties	€	15,00
Roadies	€	20,00
Vintage	€	40,00

C. Administrative actions supported by Recyclies.

In case Recyclies gets involved in any clarifications or handling of investigations, fines, or penalties inflicted on Recyclies by authorities caused by the Member, Recyclies reserved the right to charge the administrative cost from the Member in the amount of € 30,00 per inquiry.

D. Failed deliveries of the Bike.

In case of failed deliveries of the Bike to the address of the Member, where the Member did not show up or was unreachable by phone, Recyclies reserves the right to charge the costs to the Member of € 30,00 per failed delivery.

E. Dishonest or unfair behavior.

In cases of dishonest behavior such as but not limited to providing false information or statements by the Member or using a Bike with an intention to damage it or destroy it, Recyclies reserve the right to charge the Member up to € 100,00 per every attempt of such behavior.

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