General Terms and Conditions of Sale and Delivery Dealers

Fatboy Bikes Europe GmbH

24-08-2026

1. Scope of application

(1) These Terms and Conditions apply to all contracts for the sale and delivery of goods between Fatboy Bikes Europe GmbH (“Fatboy”) and entrepreneurs within the meaning of Section 14 BGB (“Buyer” or “Dealer”).

(2) These Terms apply to all future transactions.

(3) These Terms apply to every order placed by a Buyer, including any order placed through Fatboy's public online shop. Fatboy's consumer terms and conditions do not apply to Buyers.

(4) Deviating terms of the Buyer shall not apply unless expressly confirmed in writing.

2. Offers and conclusion of contract

(1) All offers are non-binding.

(2) A contract is concluded upon order confirmation or delivery.

(3) Fatboy may correct obvious errors in pricing or calculation.

3. Prices and payment

(1) All prices are net, plus statutory VAT where applicable, and plus additional costs such as battery and dangerous goods handling.

(2) For deliveries to Buyers in other EU member states who provide a valid VAT identification number, the reverse charge procedure applies and no German VAT is charged. The Buyer is responsible for accounting for VAT in its own country and must provide a valid VAT identification number before the first order.

(3) Fatboy covers standard shipping costs for deliveries to Buyers. Surcharges for islands and special destinations remain unaffected. Where delivery is agreed under Incoterms® 2020 FCA, the Buyer bears the transport costs.

(4) Prices in order confirmations are binding.

(5) Fatboy may pass on supplier price increases if reasonable.

(6) Payment terms are stated in the invoice or order confirmation.

(7) In case of late payment, default interest applies in accordance with Section 288 BGB and deliveries may be suspended.

4. Credit check and security

Fatboy may conduct credit checks, require advance payment or security, apply a credit limit, and suspend delivery.

5. Insolvency and financial deterioration

The Buyer must immediately inform Fatboy of insolvency filings, financial deterioration or enforcement actions.

Fatboy may then declare all claims due, withdraw from contracts and demand return of goods.

6. Delivery and shipping

(1) Unless otherwise agreed, delivery is made under Incoterms® 2020 CPT.

(2) Different delivery terms may be agreed in individual cases. In particular, where the Buyer collects the goods from Fatboy or an agreed location, delivery may be made under Incoterms® 2020 FCA. The applicable Incoterm is specified in the order confirmation or otherwise agreed in writing.

(3) Partial deliveries are permitted.

(4) Delivery times are non-binding unless expressly confirmed in writing.

(5) Additional costs may apply for express delivery, special handling and dangerous goods transport.

7. Transfer of risk

Risk passes upon handover to the first carrier. Where delivery is agreed under Incoterms® 2020 FCA, risk passes upon handover of the goods to the Buyer or the carrier nominated by the Buyer.

8. Retention of title

(1) Goods remain property of Fatboy until full payment of all claims arising from the business relationship.

(2) The Buyer may resell goods; receivables are assigned to Fatboy.

(3) Fatboy may reclaim goods in case of default.

9. Inspection and notification of defects

(1) The Buyer must inspect goods immediately.

(2) Defects must be reported within 7 days for visible defects, and immediately upon discovery for hidden defects.

(3) Otherwise goods are deemed accepted.

(4) Transport damage must be documented with the carrier and reported immediately with photographs.

10. Assembly and product responsibility

(1) Products are delivered partially assembled.

(2) The Buyer is responsible for final assembly, safety check and proper handover.

(3) Fatboy provides manuals and safety instructions in the languages it makes available. The Buyer is responsible for ensuring that end customers receive this information in the language required in the country of sale.

11. Product safety and national obligations

(1) Fatboy acts as importer and responsible person within the meaning of Regulation (EU) 2023/988 for products placed on the market in the European Union.

(2) Where the Buyer resells products into a country in which it acts as importer or distributor under national law, the Buyer is responsible for meeting the resulting national obligations, in particular registration for electrical equipment, batteries and packaging.

(3) The Buyer shall cooperate in recalls and safety actions, and shall keep records of serial numbers, customers and sales data.

(4) Sales are permitted within the EEA. Exports outside the EEA require approval.

12. Product modification and software

Unauthorised modification, tuning or software manipulation voids the warranty and excludes liability.

The Buyer shall not advertise or represent the products as being capable of modification beyond the limits of EN 15194.

Fatboy retains all rights to software and technical data.

13. Statutory warranty (B2B)

The statutory warranty period between Fatboy and the Buyer is 12 months from delivery.

Fatboy may repair or replace at its discretion.

14. Voluntary manufacturer warranty

(1) In addition to the statutory warranty, Fatboy grants a voluntary manufacturer warranty of 24 months from delivery, with no mileage limit, covering the frame, battery, motor, electrical components and remaining components.

(2) This warranty applies to end customers and to Buyers in respect of their own stock. It is transferable to a subsequent owner on presentation of the original proof of purchase, and restarts for 24 months in respect of any part replaced under warranty.

(3) The voluntary warranty does not extend the statutory warranty under section 13.

(4) The full conditions are published on Fatboy's website and may be updated from time to time.

15. RMA and service process

Claims must be submitted with the serial number, proof of purchase and supporting documentation.

Fatboy supplies the required replacement parts free of charge and responds to warranty enquiries within ten working days. The Buyer bears its own labour costs unless otherwise agreed.

16. Returns and cancellations

(1) Returns require prior approval.

(2) Returns are only accepted if goods are unused, unassembled and in original packaging.

(3) For approved returns of goods that are not defective, a restocking fee of 20 percent of the net invoice value applies.

17. Liability

Fatboy is liable without limitation for intent and gross negligence, injury to life, body or health, and product liability.

In all other cases, liability is limited to the net invoice value. Indirect damages are excluded.

18. Indemnification

The Buyer shall indemnify Fatboy against all third-party claims arising out of or in connection with improper assembly, modification or handling, incorrect advice, breach of these Terms, or acts or omissions of the Buyer.

19. Force majeure

Force majeure events suspend obligations. After 8 weeks either party may withdraw.

20. Data protection

Each party processes personal data in accordance with applicable data protection law, in particular the GDPR. Fatboy processes the contact details of the Buyer's staff for the purpose of managing the business relationship. Further information is available in Fatboy's privacy policy.

21. Governing law and jurisdiction

German law applies. Place of jurisdiction shall be Fatboy's registered office.

22. Severability

Invalid provisions do not affect the validity of the remaining provisions.