W&W Cycles AG
Ohmstraße 2
97076 Würzburg Germany 

Phone: +49 (0)931 250 61 16 
Fax: +49 (0)931 250 61 20 

Mail: postmaster@wwag.com
Executive director with power of attorney:
Wolfgang Schmidt
Court of registration:
Amtsgericht Würzburg
Number of registration:
HRB 5217
Sales tax identification number according § 27 a Umsatzsteuergesetz
DE 134182653

Privacy policy

With the following declaration we are fulfilling our statutory obligation to provide information. It contains information on the storage of data, the type of data, their purpose and our identity. We are also informing you of the first transmission and the type of data transmitted.

1. The subject of data protection

The subject of data protection is personal data, i.e. individual information on personal or factual circumstances of a particular or identifiable natural person, such as their name, postal address or e-mail address, and also usage data such as the IP address of a computer. 

2. Automatic anonymous data collection, processing and use

We automatically collect, process or use non-personal information that your browser transmits to us (cookies). This information includes:
  • the browser type/version
  • operating system
  • referrer URL (the source of a link)
  • IP address (host name of the computer being used)
  • the time of the server request
In most web browsers it is possible, through the “settings function” on the menu bar, to select an option which will stop your browser accepting any new cookies or which deactivates cookies you have already received. However, this could affect individual functions of the website. If you would nevertheless like to reduce the use of cookies, you must ensure that each computer and each browser with which you work has the desired level of protection.

3. Initiated personal data collection, processing and use

The collection, use or utilisation of personal data is not necessary in order to use the website and will not be carried out by us. Data collection, processing or use will only occur if you voluntarily provide your personal data. This may be necessary for the following:
3.1 Registration
In order to conclude a contract you must first register. For this purpose it is necessary to provide personal data. The following personal data will be requested in this process: first name and surname address e-mail address telephone number
  • first name and surname
  • address
  • e-mail address
  • telephone number
3.2 Google Analytics
Google Analytics This website uses Google Analytics, a web analysis service provided by Google Inc. (“Google”). Google Analytics uses so-called “cookies”, i.e. text files which are stored on your computer and make it possible to analyse your use of the website.
The information generated by the cookies on your use of this website will generally be transferred to and stored on a Google server in the USA. On behalf of the operator of this website, Google will use that information to assess your use of the website in order to prepare reports on the website activities and to provide other services to the website operator associated with the use of the website and the use of the Internet.
The IP address provided by your browser within the framework of Google Analytics will not be combined with any other Google data.You can prevent the storage of the cookies by setting your browser software accordingly. However, please note that if you do so you may not be able to use all the functions of this website to their full extent.
You can also prevent the recording of the data generated by the cookie relating to your use of the website (including your IP address) to Google and the processing of that data by Google by downloading and installing the browser plug-in available under this link.
In view of the discussion concerning the use of analysis tools with full IP addresses, we would like to point out that this website uses Google Analytics with the extension “_anonymizeIp()” and therefore IP addresses will only be further processed in an abbreviated form in order to prevent them from being linked to particular individuals. Further information concerning the terms and conditions of use and data privacy can be found here
3.3 The performance of the contract
It may be necessary to pass on your personal data to companies which we use to provide the service or to perform the contract, for example transport companies or other service providers. No disclosure of the data to third parties will occur beyond the extent to which it is necessary to carry out the business transaction.
3.4 Disclosure of data to state institutions and authorities
We will only pass on data to state institutions or agencies which are authorised to receive information when required to do so under law or on the basis of a court decision.
3.5 Utilisation of telemedia
We collect and use personal data to the extent this is necessary to enable the utilisation of telemedia (usage data). These usage data include, in particular, attributes to identify the customer, information on the beginning, end and scope of the respective use and information on the telemedia used by the customer.
3.6 The use of usage data for billing
We will use usage data after the end of the usage process if the data are necessary for the purposes of settlement with the customer (billing data). In this context we combine usage data relating to the use of different telemedia by a customer to the extent that this is necessary for settlement. The service provider is permitted to block the data in order to comply with existing retention periods provided for by law, the articles of association or by contract.
3.7 Disclosure of the data to third parties
We pass on billing data to other service providers or third parties to the extent this is necessary for the purpose of calculating the fee and for settlement with the customer. If we have concluded a contract with a third party on the collection of the fee, it will be permitted to transmit billing data to that third party to the extent that it is necessary for this purpose. Anonymised usage data may be transmitted for the purpose of market research conducted by other service providers. 

4. Minors

We are particularly concerned to ensure the protection of personal data of children. For that reason, we shall not intentionally collect, process or use any data of minors, unless their parents/guardians have given their consent. If we find that without such consent minors have entered personal data themselves or that personal data concerning such persons have been entered on our site, we shall delete these data immediately.

5. Entitlement to information

The customer is entitled at all times to request information on the data stored concerning his or her person, also insofar as this relates to the origin of said data, recipients or categories of recipients to which data are passed on and the purpose of the storage.

6. Deletion and blocking

We undertake to delete the personal data which are processed for our own purposes as soon as we no longer need them to fulfil the purpose for which they were stored. The data will be blocked instead of deleted if deletion is not permitted due to retention periods provided for by law, the articles of association or by contract; if there is reason to believe that as a result of the deletion interests of the affected person that merit protection will be affected; or if deletion is not possible or is only possible with disproportionate expenses due to the particular type of storage. Furthermore, you are entitled at any time to request that we block, correct or delete the data we have collected. The data will also be deleted if you revoke your consent to the collection, processing and use of your personal data. If such revocation occurs during an ongoing business transaction, the data will be deleted immediately after this transaction is complete. This is without prejudice to additional statutory deletion or blocking obligations.

7. Technical and organisational measures

We undertake to implement the technical and organisational measures necessary to ensure compliance with the data protection regulations, provided that the expenses are reasonable in relation to the desired purpose of protection. With regard to communication by e‑mail we cannot guarantee full data security. We therefore recommend that you communicate confidential information by post.

8. The identity of the responsible body

The responsible body in the meaning of the German data protection laws is: 

W&W Cycles AG  
Ohmstraße 2, 97076 Würzburg  
Phone: +49 (0)931 250 61 16  
Fax: +49 (0)931 250 61 20  
E-Mail: postmaster@wwag.com

9. Revocation

The customer can revoke its consent to the collection, processing and use of its data at any time with effect for the future. The revocation notice should be sent to:

W&W Cycles AG  
Ohmstraße 2, 97076 Würzburg  
Phone: +49 (0)931 250 61 16  
Fax: +49 (0)931 250 61 20  
E-Mail: postmaster@wwag.com

§ 1 General / Scope

1. The following General Terms and Conditions shall apply for all business relations between W&W Cycles AG and the Client. The version in force at the time of conclusion of the contract shall be definitive in each case.

2. Clients shall be both consumers and enterprises. Consumers in the sense of these Terms and Conditions shall be natural persons with whom a business relation is entered into without a commercial or autonomous professional activity being attributable to it. Enterprises in the sense of these Terms and Conditions shall be natural or juristic persons or partnerships with legal capacity with whom a business relation is entered into and which act in pursuance of their commercial or autonomous professional activity. Both consumers and enterprises shall be considered as Clients in the sense of these Terms and Conditions. Diverging regulations of clients are hereby vetoed.

3. Diverging, opposing or supplementary provisions shall only be recognised if this has been expressly agreed in writing. Agreements reached individually with the Client (including collateral agreements, supplements and changes) shall in every case have priority over these Terms and Conditions.

4. The contractual language shall be German.

§ 2 Conclusion of Contract

1. The conditions for our goods shall be without obligation and non-binding. Our presentation of goods in the catalogue and on the internet shall not constitute an offer, but a non-binding invitation to the Client to order. Technical and other changes in form, colour or weight shall remain reserved within reasonable bounds. Each catalogue shall lose its validity on publication of a new version.

2. Ordering of the desired goods shall constitute a binding offer of contract by the Client. Receipt of an order by telephone shall not constitute a binding acceptance by the firm of W&W Cycles. W&W Cycles shall be entitled to accept the offer of contract implicit in the order within 3 working days from the receipt of the order by telephone. In the case of goods ordered by electronic means W&W Cycles shall be entitled to accept the order within 3 working days from receipt of the order.

3. W&W Cycles shall be entitled to decline the order, for instance after checking the creditworthiness of the Client.

4. The acceptance of or the refusal to accept the order shall be confirmed to the Client electively by e-mail, by fax or by letter. The contract shall then have come into being on receipt of the confirmation.

5. W&W Cycles reserves the right to release itself from fulfilling the contract if the goods are to be delivered by a provider on the day of delivery and such delivery does not take place in whole or in part. This reservation regarding delivery to W&W Cycles shall apply only if W&W Cycles is not responsible for the non-delivery. W&W Cycles shall not be responsible for lack of service insofar as a so-called congruent covering transaction was concluded to fulfil the contractual obligations. If the goods are not delivered, W&W Cycles shall immediately inform the Client of this circumstance and refund the purchase price. The Client may determine that the refund price is credited to the Client's account set off against future orders.

§ 3 Reservation of Title

1. In the case of consumers, W&W Cycles reserves ownership rights to the goods until full payment of the purchase price. In the case of enterprises, W&W Cycles reserves ownership rights to the goods until full settlement of all claims from any existing business relationship. If the value of the reserved goods exceeds the securable claims from the current business relationship by more than 20%, W&W Cycle shall be obliged to release the reserved goods on demand of the enterprise.

2. The Client shall be obliged to treat the goods with due care during reservation of ownership. The Client shall immediately inform W&W Cycles in writing of any access by third parties to the goods, and in particular of any debt enforcement measures as well as any damage to or destruction of the goods. The Client shall immediately declare any change of ownership as well as its own change of address. The Client shall immediately refund all damages and costs to W&W Cycles that arise through a violation against these obligations and through necessary intervention measures against access to the goods by third parties.

3. W&W Cycles shall be entitled in the case of non-contractual behaviour of the client, and in particular in the case of payment default, to withdraw from the contract and demand return of the goods. W&W Cycles shall also be entitled in the case of violation of a duty according to Figure 2 to withdraw from the contract and demand return of the goods when adhesion to the contract is no longer reasonable.

4. The enterprise shall be entitled to resell the goods in the normal course of business. It now cedes to W&W Cycles AG all claims in the amount of the invoice price that arise for it against a third party through the reselling. W&W Cycles AG accepts the cession. After the cession the entrepreneur shall be authorised to collect the claim. W&W Cycles reserves the right to collect the claim itself as soon as the entrepreneur does not properly meet its payment obligations and comes into default. The working and processing of the goods by the entrepreneur happens always in the name and on behalf of W&W Cycles AG. Should a processing of the goods take place, W&W Cycles shall acquire joint ownership of the new object in proportion to the worth of the delivered goods.

§ 4 Conditions of withdrawal

1. Withdrawal rights
You have the right to withdraw from this contract within fourteen days, without giving a reason. The withdrawal period shall be fourteen days from the date on which you or a third party indicated by you (carrier excluded) take final possession of the goods.
To exercise your right, you should submit a clear declaration (e.g. mail, fax or e-mail) of your intention to withdraw from the contract to W&W Cycles AG, Ohmstraße 2, 97076 Wuerzburg, Germany (Tel. +49 (0) 931 250 6116; Fax +49 (0) 931 250 6120; e-mail:sales@wwag.com). You may use the attached specimen withdrawal form, although this is not required.
To comply with the withdrawal period, it is sufficient that you send your declaration of exercise of withdrawal before the withdrawal period expires. 
2. Consequences of withdrawal
If you withdraw from this contract, we will reimburse all payments we receive from you, including the costs of delivery (with the exception of any additional costs arising from you having chosen a different mode of delivery than that offered by us – i.e. our most economical standard shipping), without delay and at the latest within fourteen days of us receiving your declaration of withdrawal. For this reimbursement, we use the same method that you used in the original payment transaction, unless expressly agreed otherwise; in no case will you be charged fees for this reimbursement. We may withhold reimbursement until we have received the returned goods back, or until you have demonstrated that you have returned the goods, whichever is earlier. You must return or hand over the goods immediately and in any event not later than fourteen days from the date you declare to us your withdrawal from the contract, to W&W Cycles AG, Ohmstraße 2, DE-97076 Wuerzburg. The deadline is met if you send the goods before a fortnight elapses.
You shall bear the direct costs associated with returning the goods. The cost are estimated to a maximum of about € 100,-.
You are only required to pay for any diminished value of the goods, when such is due to handling by you other than is necessary to ascertain the nature, characteristics and functioning of the goods.

§ 5 Prices, Payment, Offsetting and Right of Return

1. The offered price shall be binding. Statutory value added tax shall be included in price quotations to the consumer. Price quotations to enterprises shall contain no statutory value added tax. In mail-order sales, the price shall be understood to include a flat fee for mailing. No additional costs shall accrue for the Client by use of long-distance communication methods.

2. Delivery to the Client by W&W Cycles shall take place at the option of the Client against prepayment (transfer or credit card) or cash on delivery. Clients based outside Germany shall be delivered to exclusively against prepayment (transfer or credit card). W&W Cycles shall issue an invoice to the Client which shall be given to it on delivery of the goods or sent by letter.

3. If the Client chooses to pay by prepayment, the agreed purchase price shall be transferred to W&W Cycles AG within 10 days after confirmation of the order according to § 2 Figure 4, citing the order number.

4. Other than Figure 1, W&W Cycles AG may offer the Client a delivery against invoice at its own discretion. The invoiced amounts on delivery shall be due immediately on receipt of invoice, without discount. In the case of delayed payment default, interest shall be charged in the amount of a minimum of 8 percentage points above the base interest rate. W&W Cycles AG shall be entitled to prove greater damages and demand a higher default charge.

5. Other than Figure 1, a Client may on previous agreement also collect the goods from W&W Cycles itself. In this case, a cash payment as and when goods are collected shall also be possible. The Client shall only have a right to offset if its counterclaims were legally established or recognised by W&W Cycles AG.

6. The Client may only exercise its right to return if its counterclaim rests on the same contractual relationship. 

§ 6 Transfer of Risk

In the case of consumers, the risk of fortuitous decay and fortuitous deterioration of the purchased goods shall pass to the consumer with the transfer of the goods, even in the case of mail order. In the case of enterprises, the risk of fortuitous decay and fortuitous deterioration of the goods in the case of mail-order shall pass to the enterprise with the passing of the goods to the shipping company, carrier or other person otherwise mandated to carry out the shipment. It shall be equivalent to a transfer if the Client is in default with acceptance. 

§ 7 Liability for Material Defects and Defects of Title

1. In the case of defects at the time of transfer of risk, consumers shall have the choice of whether supplementary performance shall take place through rework or replacement. W&W Cycles shall have the right to refuse the type of supplementary performance if it is only possible with disproportionate costs and some other type of supplementary performance remains without substantial disadvantages for the consumer. In the case of enterprises, W&W Cycles AG shall for defects in goods at the time of transfer of risk provide warranty through rework or replacement at its initial estimation. Insofar as only merchants are involved in the contract, § 377ff HGB shall apply.

2. Should rework fail, the Client may in principle discretionally demand a reduction in the purchase price or a revocation of the contract, as well as damages in the case of liability. In the case of only slight damages, the Client has no right of withdrawal. If the Client chooses damages, the liability limitations according to § 8 Figures 1 and 2 of these General Terms and Conditions shall apply.

3. Consumers must declare obvious defects in goods in writing within 2 months of receipt. Otherwise the warranty claim may not be enforced. Enterprises must immediately examine goods for deviations in quality and amount and declare recognisable defects within a period of 1 week from receipt of the goods. Otherwise the warranty claim may not be enforced. Hidden defects are to be declared in writing within a period of 1 week from discovery. Punctual dispatch suffices to comply with the time limit. The Client (consumer and enterprise) has full responsibility for proving all claim conditions and in particular for defects themselves, for the time of discovery of the defect and for the promptness of any notice of defects.

4. For consumers, the warranty period is 2 years after transfer of risk; for entreprises, the warranty period is 1 year after transfer of risk.
5. W&W Cycles gives its Client no guarantee in the legal sense. Manufacturer's guarantees remain unaffected by this.

§ 8 Liability and Limitations of Liability

1. Apart from liability for material defects and defects of title, W&W Cycles shall be unlimitedly liable insofar as the cause of damage is based on intent or gross negligence. W&W Cycles shall also be liable for the slightly negligent violation of important obligations (obligations the violation of which endanger the achievement of the purpose of the contract) as well as for the violation of cardinal obligations (obligations the fulfilment of which make the fulfilment of the contract possible in the first place and on the keeping of which the Client regularly relies), with restriction, however, only to the foreseeable damages typical for this type of contract. W&W Cycles shall not be liable for slightly negligent violation of obligations other than the aforementioned.

2. The limitations of liability in the foregoing paragraph shall not apply in the case of violation of life, limb and health, for defects after takeover of a guarantee for the state of the product and in the case of fraudulently concealed defects. Liability according to the product liability law shall remain unaffected.

3. Where the liability of W&W Cycles is excluded or limited, this also applies to the personal liability of its employees, representatives and vicarious agents.

4. W&W Cycles AG shall only be liable for its own content on the website of its online shop or for the declarations in the sales catalogue. Insofar as W&W Cycles receives knowledge of illegal content on external websites, W&W Cycle shall immediately remove links to these sites. 

§ 9 Storage of data and data protection

1. W&W Cycles AG will store personal data of the customer which is necessary for the fulfilment and processing of the order and may pass that data on to third parties engaged for the fulfilment and processing of the order. The customer hereby explicitly agrees to this type of use/utilisation and passing on of its personal data. The stored personal data will be treated confidentially by W&W Cycles AG and also by third parties engaged by it for the fulfilment and processing of the order, in accordance with the provisions of law, particularly the German Data Protection Act (Bundesdaten-schutzgesetz), and our privacy policy.

2. Each customer has the right to withdraw their consent as referred to in § 9.1 at any time with effect for the future; in which case W&W Cycles AG will be obliged to immediately delete the customer’s personal data. 

§ 10 Final Provisions

1. The law of the Federal Republic of Germany shall be in force. In the case of consumers who do not conclude the contract for professional or commercial purposes, this choice of law only applies insofar as guaranteed protection is withdrawn through compelling regulations of the state of law in which the consumer customarily resides. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply.

2. If the Client is a merchant, the exclusive place of jurisdiction for all disputes arising from this contract shall be Würzburg. The same shall apply if the Client has no general place of jurisdiction in Germany or if the domicile or customary residence is not known at the time at which an action is filed.

3. Should individual provisions of this contract with the Client, including these General Terms and Conditions, be or become wholly or partly invalid, this shall not affect the validity of the remaining provisions. Any wholly or partly invalid provision shall be replaced by a provision whose commercial/economic consequences most closely approximate to those of the invalid one.