GENERAL TERMS AND CONDITIONS

WELCOME TO BUYCYCLE! LET’S GET STARTED WITH THE BASICS

Last updated: 19.08.2025

1.INTRODUCTION

1.1 Contracting Parties

Buycycle: BUYCYCLE INC., headquartered in New York, business address: 80 Pine Street, Floor 24, New York, NY 10005, United States. Hereafter referred to as buycycle.

You: User of the buycycle marketplace, whether acting as a Seller, who lists goods and items to sell on our marketplace, and/or a Buyer, who can view, search and buy an Item or multiple Items on the Marketplace.

1.2 buycycle’s role as a Marketplace

buycycle operates as an online marketplace that offers its users to act as Buyers and Sellers of bicycles and bicycle-related products and other sport items in accordance with the provisions of the GTC. buycycle facilitates transactions but are not a party to the sales contracts between Users. You acknowledge and agree that there are risks associated with utilizing an internet-based marketplace and interacting with other users in person. We do not investigate or verify any user’s reputation, conduct, morality, criminal background, or any information users may submit to the services.  

Important: buycycle does not take ownership of items sold on the platform. All sales contracts are concluded directly between Buyers and Sellers as stated in section 2.1.

Limitation of Liability: Buyers acknowledge that you are buying items from sellers directly, not from buycycle. While we may help facilitate the resolution of sales and disputes as your commercial agent, we have no control over and do not guarantee:

• The accuracy, quality, safety, or legality of user content and listings

• The condition, authenticity, or functionality of items sold

• Other users' actions, communications, or failure to perform

• The truth or accuracy of item descriptions and seller representations

You covenant not to sue buycycle, and agree that you will not hold buycycle responsible, for other users' content, actions, or inactions. You understand and accept the inherent risks involved in marketplace transactions between individual parties.

1.3 Scope and Authority of these Terms

These Terms and Conditions, together with our Terms of Use, provide the complete legal framework for using our Marketplace.

Where These Terms Apply:

• The Seller is located within the United States (including all 50 states, District of Columbia, and US territories)

• Separate terms apply for transactions involving Sellers in the European Union

When These Terms Apply:

By using our Marketplace, you automatically agree to these GTC. When signing up to a buycycle account you are specifically required to accept these GTC through a opt-in. This ensures that you understand the specifics of these GTC.

1.4 Mandatory Arbitration Notice

Please read the mandatory arbitration provisions in Section 8, which requires that disputes be resolved by final and binding arbitration on an individual basis, not a class-wide or consolidated basis.

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BEFORE THE SALE

2. BUYING ON BUYCYCLE

2.1 Purchasing contracts between buyers and sellers

All listings constitute invitations to treat. Published prices, descriptions, and negotiations do not constitute binding offers by Sellers. A binding purchase contract is formed between Buyer and Seller when the following steps have been completed:

1. The buyer has completed the buying process submitted payment through the platform

2. The seller has confirmed the sale in his profile within 48h

Important: buycycle facilitates this purchasing contract but is not a contracting party. The contract is governed by the Uniform Commercial Code (UCC) as adopted by the applicable state.

2.2 Buyer Rights, Obligations and Cancellation

Buyer Rights

• Receive item as described in listing and agreed with the seller

• Buyer Protection coverage and access to dispute resolution through platform service

Buyer Obligations

• Payment Obligation: Provide accurate payment information and pay all applicable fees before delivery

• Acceptance Duty: Ensure you, or someone you have access can ensure receipt of delivery at the specified address. Accept the parcel even if packaging appears damaged. 

• Inspection Duty: Inspect items and file a claim within 48 hours of delivery to report issues 

• Good Faith Compliance: Not circumvent platform for transactions initiated on buycycle. Comply with applicable import regulations for international purchases

Order Cancellation

Before order confirmation

• Sellers can decline a buyer’s purchase request anytime before confirmation, free of charge.

• If a counter offer is accepted but the buyer doesn’t complete the purchase, both sides can walk away, also free of charge.

After order confirmation

Once buyer and seller have confirmed the purchase or accepted a counteroffer a binding purchasing contract has been made.

• If a seller cancels after the buyer has confirmed, a $75 cancellation processing fee applies.

• The sale is officially canceled as soon as we receive the cancellation fee.

• Cancellations are no longer possible within 3 days of the scheduled pickup

• buycycle reserves the right to cancel an order in the following circumstances. These will be treated like a seller-side cancellation and the $75 cancellation processing fee will apply.

• Three consecutive unsuccessful pickup attempts have been made

• Seller fails to prepare item for pickup within agreed timeframes

• buycycle reserves the right to cancel an order if the buyer or seller is located in a remote area where logistic services are not available. In this case, no cancellation processing fee will be charged

• Refunds for cancelled orders are processed within 5-10 business days after the cancellation is confirmed.

Order Cancellation After Packaging Dispatch

buycycle reserves the right to recover packaging and logistics costs if the Seller cancels an order after materials have been dispatched, as part of the cancellation fee. 

2.3 Purchase Terms, Display of Prices

What You Pay - Total Purchase Cost: Your total cost includes all of the following components:

Core Costs:

• Listed Item Price: The price set by the seller for the item

• Buyer Protection Fee: Mandatory fee covering secure payment and protection services

• Shipping Costs: Delivery charges based on item size and destination

Additional Costs (When Applicable):

• Taxes and Duties: Import duties, VAT, or customs charges for international orders

• Currency Conversion Fees: Applied when paying in different currency than listing

Price Display and Taxes: The way prices are shown depends on the seller type:

• Consumer Sellers (C2C Transactions) Prices displayed without taxes

• Business Sellers (B2C Transactions) Prices displayed including taxes

Mandatory Payment through buycycle services:  All payments must be made exclusively through the official buycycle checkout process on our website or mobile app using authorized payment methods. Direct payments between users via PayPal, bank transfer, or any other method are strictly prohibited and will void your Buyer Protection coverage, logistics services, and order support. Off-platform transactions are unverified, unsecured, and commonly used in scam attempts. Any seller requesting payment outside our platform checkout system is likely attempting fraud, and all legitimate transactions must complete payment through buycycle's secure checkout process.

Receipt of Delivery: Buyers must accept delivery at the specified address. Buyers are responsible to specify and confirm correct address details. In case of incorrectly stated delivery address, the buyer is liable for any cost resulting from failed delivery. Furthermore a failed delivery due to a buyer error may result in loss of Buyer Protection rights.

2.4 Right of Withdrawal from brokerage contract

When This Section Applies: 

When you use buycycle, you enter into two separate contracts:

1. Purchase Contract - Between you (buyer) and the seller for the actual bike/item

2. Brokerage Contract - Between you and buycycle for our marketplace services

As a consumer, you have the legal right to cancel your agreement with buycycle for our marketplace services within 14 days. This is separate from any rights you have regarding your purchase from the seller.

Your Withdrawal Right:

You have the right to withdraw from the brokerage contract within 14 days without giving any reason. The withdrawal period begins from the date you conclude the brokerage contract (when you agree to use our service).

Important Legal Limitation: No withdrawal right exists once our brokerage services have been fully performed with your express consent. This occurs when:

• Your transaction is completed successfully

• Item has been picked up, shipped or delivered

• Our mediation/brokerage services have been provided

How to Exercise Withdrawal: If withdrawal is still possible, contact us via mail at support@buycycle.com. Provide a clear statement of your withdrawal decision. No specific form is required.

Consequences of Valid Withdrawal: If withdrawal is legally possible, we will:

• Refund all payments received from you (including buyer protection fees)

• Process refund within 14 days of withdrawal notice

• Transfer your refund to the same payment method you originally used for your purchase

3. SELLING ON BUYCYCLE

3.1 Seller Obligations

Fulfilment of purchasing Terms:

As a seller you have the following fundamental obligations from the purchasing contract in accordance with applicable state commercial law.

• Provide Accurate Item Description. Create transparent, non-deceiving listings reflecting actual condition.

• Fulfil Agreed Quality Standards. The item must match all specifications and condition statements in your listing, or agreements made with the buyer via the chat. Further you are obliged to provide all accessories and documents mentioned in the listing

• Ensure Fitness for Purpose. You must ensure items are suitable for their intended use as described

• Timely Delivery. Ensure to ship item within agreed timeframes or hand over the item at the agreed time and place (see section 5 for the exact deadlines depending on your shipment type)

• Ensure proper Packaging. Package items securely according to buycyle’s guidelines to prevent damage (see section )

• Accept payment through buycycle. Verify personal details (KYC process) and provide accurate bank account details in order to receive payment (section 4.2). buycycle is not liable for any issues caused by incorrect payment details entered by the sellers. 

• Have a US Bank Account. In the US, you can only make a Payout in dollars to a personal bank account located within the United States. Making a Payout outside of the US is not allowed.

• Tax Obligations: Sellers responsible for reporting income to IRS and state tax authorities

Tax obligations on sales income:

Both consumer and commercial sellers are responsible for declaring sales income according to local tax laws, keeping records of all transactions for tax purposes, if required, consult tax professionals for obligations in your jurisdiction

Authenticity Requirements:

• Sellers must ensure all items are genuine and authentic. The sale of counterfeit or replica items is prohibited.

• Proof of authenticity is required (such as, but not limited to an invoice from authorized dealer or serial number verification)

• If a sale is canceled after confirmation due to the item being counterfeit, the seller is charged $75 cancellation processing fee for listing a counterfeit item. 

Violations against this policy will result in account termination and suspension from the marketplace. We further withhold to cancel other ongoing orders from your account if you are distributing a counterfeit item.

3.2 Seller Fees and Brokerage Contract Terms

When sellers publish listings, they enter into a brokerage contract with buycycle:

• buycycle promotes and displays the listing on the marketplace

• Facilitates communication with potential buyers through the marketplace 

• Organises shipment coordination

• Provides payment services and holds funds in escrow

• Provides dispute resolution services

The Total Cost of Selling include:

• buycycle’s seller fee (commission). The overview of our current fees can be found here.

• Any boosting or highlighting fees, if chosen by the seller

These charges only apply on successful sales and are deducted from the payout amount.

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DURING THE SALE

4. PAYMENT PROCESSING

4.1 Payment Processing through Service Provider Adyen

All payments on buycycle are processed via the payment service provider Adyen N.V., Friedrichstraße 63, entrance Mohrenstraße 17, 10117 Berlin (hereinafter "Adyen"). To use Adyen, the Seller must be registered with Adyen. As part of the Adyen payment service, buycycle offers the Buyer various payment methods. Adyen may use other payment services to process payments, for which special payment terms may apply, to which the Buyer may be informed separately. If the payment is not being processed due to insufficient funds in the account or due to the provision of incorrect bank details or if the Buyer objects to the direct debit although he is not entitled to do so, the Buyer shall bear the fees incurred by the chargeback of the respective credit institution if he is responsible for this. Further information on Adyen is available on the Internet at https://www.adyen.com/us_EN/legal/terms-and-conditions.

buycycle operates under US payment services regulations. We may be acting as a money transmitter under applicable state laws and maintain appropriate licenses where required.

4.2 Receiving payments & Mandatory Verification through Adyen (KYC)

To receive payments for sales on buycycle, sellers must set up a valid bank account in their buycycle profile. Other payment options are not supported. 

Valid Bank Account in Profile

• Sellers MUST register a valid EU/EEA bank account in their buycycle profile before making any sale

• Alternative payment methods (PayPal, crypto, cash, etc.) are not accepted

• Incorrect bank details may result in permanent loss of funds - buycycle is NOT responsible for payments sent to incorrectly entered account details

Furthermore the seller is required to complete the verification process, also called Know Your Customer (KYC) check through Adyen. KYC verification is required by EU anti-money laundering regulations. Providing false or misleading information is illegal and will result in account termination. Sellers who cannot pass KYC verification cannot receive payments. 

• Photos of a valid identification document (ID card, drivers license or passport). Please note: the document must be issued within the continent the goods were sold in.

• If required, an official document by the sellers bank (e.g. bank statement or letter of bank) 

• Adyen might require the user to provide additional documentation such as proof of residency, company registration documents 

For verification Adyen may require:

• Valid identification document: Government-issued ID card, driver's license, or passport

• Document must be issued in the same continent where goods are sold

• Expired documents will be rejected

• Bank verification: Official bank statement or letter from your bank, inside the US

• Additional documentation (if required by Adyen):

• Proof of residency

• Company registration documents (for business sellers)

• Additional identity verification documents.

For further information on the verification process through Adyen is available at: https://docs.adyen.com/platforms/verification-overview/

4.3 Escrow Services & Payment timelines (Holding funds safely)

How Escrow Works:

• Buyer's payment is held securely upon purchase

• Funds remain in escrow during shipping and delivery

• Payment released to seller 48 hours after delivery confirmation. In case of orders from commercial sellers, the payment is released to the seller 14 days after delivery confirmation.

• If issues arise, funds remain protected until resolution is reached.

Payment Timeline:

• Payment authorization: Immediate upon purchase

• Escrow holding period: Until delivery + 48 hours

• Seller payment: Within 24 hours of escrow release

• Refund processing: 3-5 business days if required

4.4 Chargeback and Off-Platform Payment

All payments must be made through buycycle’s official checkout system. Any payment made outside the platform — including but not limited to PayPal, direct bank transfer, or cash — is strictly prohibited. Transactions conducted off-platform are not eligible for Buyer Protection, and buycycle assumes no responsibility for any resulting loss, fraud, or dispute. Users engaging in off-platform payments do so at their own risk and in violation of these Terms.

In the event of a chargeback on a platform-completed transaction, buycycle will make reasonable efforts to dispute the chargeback through its payment service provider. However, if the chargeback is upheld and the buyer retains both the item and the refunded amount, buycycle reserves the right to offset the resulting loss against any current or future payouts to the same buyer or associated user accounts.

4.5 Failed Payments 

If the payment is not being processed due to insufficient funds in the account or due to the provision of incorrect bank details or if the Buyer objects to the direct debit although he is not entitled to do so, the buyer is not entitled to receive any items or services within the formed purchasing contract. Furthermore the Buyer shall bear the fees incurred by the chargeback of the respective credit institution if he is responsible for this.

5. SHIPPING, DELIVERY AND IN-PERSON PICKUP

This section outlines the responsibilities, procedures, and liabilities applicable to Sellers and Buyers regarding the shipment, delivery, and handling of items sold via the buycycle platform. All parties are required to adhere strictly to the terms set forth below to ensure a smooth and protected transaction process.

5.1 buycycle arranged pickup / managed shipments

5.1.1 Pre-shipment pickup

This section describes the requirements and responsibilities of the Seller prior to the pickup of the item by the designated shipping service provider.

buycycle provided packaging material

For all bicycle sales made through the buycycle platform, the use of buycycle provided packaging material (shipping box and inlays) is mandatory. The cost of the packaging material is fully covered by buycycle.

After order confirmation, buycycle will determine the appropriate box size based on the bicycle’s type and dimensions. The packaging material will be dispatched to the Seller via buycycle’s designated shipping service provider. The Seller is required to use this packaging material exclusively for shipping the sold bicycle.

While instances of packaging material not fitting the bicycle are uncommon, the Seller is required to contact buycycle support without undue delay if such a mismatch occurs. buycycle will assess the situation and, where necessary, provide replacement package material at no additional cost to the Seller.

In the event that the packaging material is delayed through no fault of the Seller, and the Seller chooses to withdraw from the sale as a result, no penalties will apply. However, if the Seller cancels the sale for other reasons after packaging has already been dispatched, buycycle reserves the right to recover the cost of the packaging and apply other penalty fees.

Packing of the bike in the buycycle provided box

As soon as the seller receives the packaging material, he is obligated to review the buycycle packaging guide and Shipping Policy. The Seller must then pack the bicycle using the designated inlays to ensure adequate protection. Proof of proper packing must be uploaded by the Seller in the Order Center.

The following picture proofs are required:

Type of picture	Reason for requirement
At least 3 pictures of the unpacked item	To verify the condition of the item before the sale
Pictures of the wrapped and well-protected item outside the packaging	To demonstrate proper pre-packaging in case of transport damage claims
Pictures of the wrapped and well-protected item inside the packaging material	To confirm proper internal packing in case of transport damage claims
Pictures of the packed/sealed parcel from all angles	To confirm proper closure, no reshaping, and no protruding items, which helps avoid oversized handling surcharges

Sellers may be charged up to $300 or the actual cost of resulting damage (whichever is higher) if non-compliant packaging causes loss, damage or oversize surcharges.

The Seller must ensure the bicycle is packed and ready for shipment within 14 days of receipt of the packaging material and that it is available for pickup by the designated shipping service provider.

buycycle provided shipping label

Once you upload photos of your packed bike, buycycle will provide a shipping label in the Order Center. This label is valid for one parcel only and must not be used for multiple boxes or shipments.

The Seller must print and affix two copies of the label to the exterior of the parcel. Additionally, one extra copy of the label must be placed inside the packaging (this can be inserted through the handle opening) to avoid the need to reopen the parcel.

Day of Pickup

On the scheduled pickup date, the Seller must ensure the parcel is fully packed, sealed, and labeled, and must be available at the pickup address to hand over the parcel to the courier.

At the time of handover, the Seller must obtain a signed proof of pickup from the courier using an additional label copy and upload this document to the Order Center. This document serves as key evidence in the event of a claim. Failure to provide this document may result in buycycle being unable to assist in dispute resolution. Even when provided, this document does not transfer liability to buycycle but enhances the likelihood of a favorable carrier claim outcome.

buycycle shall communicate all pickup instructions to the designated carrier. However, if the carrier fails to complete the pickup for reasons outside buycycle’s control, buycycle shall not be held liable. In such cases, buycycle will promptly reschedule the pickup

Improper Use of Packaging Material

The Seller must not modify the structure of the  packaging material provided by buycycle, including the specified shipping box and protective inlays. Additional padding of the items inside the box are encouraged, as long as they do not alter the shape and dimensions of the shipping box.  Misuse such as modifying the box, failing to properly seal it, or allowing items to protrude may lead to additional carrier charges up to 300$ or shipment refusal.

Oversized or Overweight Shipments

If a shipment exceeds carrier limitations due to improper packing (e.g., bloated or loosely filled parcels), any resulting surcharges imposed by the carrier may be passed on to the Seller. This includes but is not limited to dimension overage, girth overage, weight overage, or non-standard parcel classifications.

Non-Compliance with Labeling Requirements

The Seller is responsible for affixing two printed copies of the shipping label provided by buycycle to the parcel in a clearly visible and scannable manner. This pre-caution ensures your sale is delivered if for any reason one label is damaged or detached during the shipment. Reuse of a label for multiple parcels, obscured barcodes, or incorrect application may result in failed pickup, delays, or additional fees.

Prohibited Items and Dangerous Goods

Sellers must not include any items classified as prohibited or dangerous under applicable laws, international transport regulations, or carrier-specific restrictions. This includes, but is not limited to, weapons, explosives, flammable materials, and lithium-ion batteries. Sellers are required to consult the official prohibited items lists of buycycle’s shipping partners, such as DHL, Fedex, UPS, and others. Violations may result in penalties, shipment rejection, legal liability, or account suspension.

5.1.2 Post-shipment pickup

Carriers perform shipping services

All shipments are fulfilled by buycycle’s pre-approved third-party carriers. buycycle is not a carrier, logistics, or postal service provider, and does not physically handle, sort, or deliver items sold on its platform.

Tracking the parcel

Shipment tracking is made available via the Order Center, based on data supplied by the carrier. buycycle disclaims all liability for inaccuracies, incompleteness, or outdated tracking data to the extent permitted by law. Estimated delivery times are dependent on the selected carrier and may vary. You can find out more about the expected shipment lead times here.

Delivery delays

buycycle shall not be held responsible for delivery delays resulting from causes beyond its control, including but not limited to severe weather, carrier disruptions, or logistical bottlenecks. In the event of a substantial delay, you may contact us to cancel your order. We will assess the situation, and if the delay is deemed justified, we will refund any payments made for products not received.

Lost or damaged parcel

In case of a lost or damaged parcel, buycycle shall be immediately informed and if possible a buyer protection claim opened. Followingly, buycycle will start investigations with the carrier and or open start investigation on the buyer protection claim. This process is detailed in full in section 6.

Failure to Accept Delivery

The Buyer must ensure availability at the delivery address to receive the parcel within the expected delivery window. If the carrier is unable to deliver after multiple attempts due to the Buyer’s unavailability or refusal, any associated costs (e.g., return shipment, storage fees) may be charged to the Buyer.

Unjustified Refusal of the Parcel

If the Buyer refuses a delivery without a valid and documented reason, they may forfeit the right to request a refund or replacement. Importantly, visible transport damage or material discrepancies from the listing do not justify rejecting the parcel. In such cases, the Buyer must accept the delivery and then initiate a claim with buycycle. This is the correct and required procedure.

5.2 buycycle arranged drop-off shipping /unmanaged shipments

Some item categories are sent with a prepaid shipping label which is provided by buycycle who transacts with carriers to transport and deliver the Item you purchased (Prepaid Shipping)

5.2.1 Pre-shipment drop-off

This section describes the requirements and responsibilities of the Seller prior to the drop-off of the parcel by the designated shipping service provider.

Packaging material

For all non-bicycle sales made through the buycycle platform, the customer is responsible for arranging his own packaging. It is mandatory for the seller to use boxes which are safe to use and align with the below:

• Use a strong, corrugated cardboard box

• Do not reuse boxes that are damaged, soft, or have compromised corners

• Ensure the box is fully closed with no parts protruding

• Do not use boxes with dangerous goods, battery, or hazard symbols

• Use internal protection materials to prevent movement, such as bubble wrap, packing peanuts, foam, crumpled kraft paper, or air pillows

• Use strong packing tape (not masking or duct tape)

• Apply the H-taping method: one strip along the top seam and two strips along the side seams

• Seal all box edges and openings securely

• Do not wrap multiple items in one box: one item, one box, one label

• Do not use round or cylindrical-shaped parcels

• Do not use packaging made of non-cardboard materials

• Do not use parcels wrapped in shrink wrap or stretch wrap

• Do not use parcels bound with metal, plastic, or cloth straps

• Do not place “Fragile” labels on the box

Packing of the item in the package material

The seller is obligated to review the buycycle packaging guide and Shipping Policy. The Seller must then pack the item using proper inlays to ensure adequate protection. Proof of proper packing must be uploaded by the Seller in the Order Center.

The following picture proofs are required:

 

Type of picture	Reason for requirement
At least 3 pictures of the unpacked item	To verify the condition of the item before the sale
Pictures of the wrapped and well-protected item outside the packaging	To demonstrate proper pre-packaging in case of transport damage claims
Pictures of the wrapped and well-protected item inside the packaging material	To confirm proper internal packing in case of transport damage claims
Pictures of the packed/sealed parcel from all angles	To confirm proper closure, no reshaping, and no protruding items, which helps avoid oversized handling surcharges

Failure to pack the item in accordance with the Packaging Guide and failure to provide the required picture documentation shall result in the Seller being held liable for any resulting damage or lost shipment, or a flat penalty of $300, whichever is greater.

buycycle provided shipping label

Once you upload photos of your packed item, buycycle will provide a shipping label in the Order Center. This label is valid for one parcel only and must not be used for multiple boxes or shipments.

The Seller must print and affix two copies of the label to the exterior of the parcel. Additionally, one extra copy of the label must be placed inside the packaging.

Non-Compliance with Labeling Requirements

The Seller is responsible for affixing two printed copies of the shipping label provided by buycycle to the parcel in a clearly visible and scannable manner. Reuse of a label for multiple parcels, obscured barcodes, or incorrect application may result in failed pickup, delays, or additional fees.

Shipment drop-off and deadline

The seller can drop-off the parcel to the carrier allowed drop-off location up-to 7 days of confirmation of the order. Failure, to do so will lead to the cancellation of the order and buycycle will not be responsible for any dropped-off items beyond the 7 day timeline.

At the time of drop-off, the Seller must obtain a proof of drop-off from the drop-off shop personnel. This document serves as key evidence in the event of a claim. Failure to provide this document may result in buycycle being unable to assist in dispute resolution. Even when provided, this document does not transfer liability to buycycle but enhances the likelihood of a favorable carrier claim outcome.

Oversized or Overweight Shipments

If a shipment exceeds buycycle limitations as shown in the Order Center due to improper packing (e.g., bloated or loosely filled parcels), any resulting surcharges imposed by the carrier may be passed on to the Seller. This includes but is not limited to dimension overage, girth overage, weight overage, or non-standard parcel classifications.

Prohibited Items and Dangerous Goods

Sellers must not include any items classified as prohibited or dangerous under applicable laws, international transport regulations, or carrier-specific restrictions. This includes, but is not limited to, weapons, explosives, flammable materials, and lithium-ion batteries. Sellers are required to consult the official prohibited items lists of buycycle’s shipping partners, such as DHL, Fedex, UPS, and others. Violations may result in penalties, shipment rejection, legal liability, or account suspension.

5.2.2 Post-shipment drop-off

This section outlines the responsibilities of all parties and the processes that apply once the parcel has been dropped-off by the shipping service provider.

Carriers perform shipping services

All shipments are fulfilled by buycycle’s pre-approved third-party carriers. buycycle is not a carrier, logistics, or postal service provider, and does not physically handle, sort, or deliver items sold on its platform.

Tracking the parcel

Shipment tracking is made available via the Order Center, based on data supplied by the carrier. buycycle disclaims all liability for inaccuracies, incompleteness, or outdated tracking data to the extent permitted by law. Estimated delivery times are dependent on the selected carrier and may vary.

Lost or damaged parcel

In case of a lost or damaged parcel, buycycle shall be immediately informed and if possible a buyer protection claim opened. buycycle will start investigations with the carrier and or open start investigation on the buyer protection claim. This process is detailed in full in section 6.

5.7 In person Pickup

What’s in Person Pickup

You have the option to collect items directly from sellers instead of using buycycle provided shipping services, unless the seller has explicitly excluded this option. For self-collection, the seller will notify you via chat message, email, or SMS when your item is ready for pickup and arrange a convenient date, time, and location.

There is no shipping fee and buycycle buyer protection fee on in person pickups.

Sharing your personal info

The buyer's payment will be held in escrow until the buyer has confirmed that the item was handed over in person. To facilitate an exchange in person the seller is required to provide current contact details when confirming the sale. These include, name, address and phone number. Followingly, buyers and sellers are responsible to coordinate a suitable time slot and pickup date on their own behalf. 

Exclusion from buyer protection:

Buyers selecting in Person Pickup are not entitled to Buyer-Protection as per Section 6. Buyers understand and accept that choosing self-collection means taking full responsibility for verifying the item meets your expectations before completing the purchase. This decision cannot be reversed after pickup is completed.

Switching from shipping to self-pickup 

It is possible to switch from arranged- or drop-off shipping to self-pickup if both buyer and seller agree, and general customer support is notified. In this case, customer support will cancel the shipment and refund the shipment fee and buyer protection. If packaging material has been delivered, or is already in transit the cost of packaging materials cannot be refunded. 

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AFTER THE SALE

6. BUYER PROTECTION POLICY

PLEASE READ THIS SECTION CAREFULLY. IT EXPLAINS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW A CLAIM THAT YOU, OTHER USERS AND BUYCYCLE HAVE AGAINST EACH OTHER IS RESOLVED

6.1 Purpose of Buyer Protection

The buycycle Buyer Protection provides buyers with a refund policy if an Item is damaged during the shipping process, confirmed as lost or significantly not as described by the seller. Our specialized Claims Team will assist you during this process to form an objective decision and resolve your claim according to our Buyer Protection policy. Your payment will be held in escrow until the claim is resolved. Our Buyer Protection program is not an insurance, but an additional platform service to facilitate safe transactions. Buyer Protection coverage is limited to platform-verified transactions and logistics and requires full documentation compliance, including proof of packaging. Self-handled returns are excluded. Buyer Protection is mandatorily applied for a fee and for each purchase made on buycycle, excluding self-pickups.

6.2 Filing a Claim

1. Accept Delivery (Even if There’s an Issue)

Receiving an item won’t void your right to file a claim. Accept it first so you can inspect the item for any issues.

2. Within 48h after delivery: File a Claim

If there are any issues with the Item. You must report the issue under our Buyer Protection policy to us by clicking the “report a problem” button in the chat of your purchased item   within 48 hours from our notice that the item has been delivered. This will suspend the transaction and all money for it will continue to be held in escrow until the issue is resolved. If you don’t report an issue via the report a problem button, the transaction will automatically be marked as completed. 

Important: Sending an email does not count as filing a claim. Even when sent within the 48h.

3. Fill out the claim form

When clicking the “report a problem button” you will be asked to fill out a form. Please describe the issues as precisely as possible and provide additional pictures or videos that help us and the seller understand the condition of your item. This report will be shared with the seller and it is the baseline to judge your claim objectively. We’ll notify the Seller about your claim.

Important: One Claim per Order rule. Inspect the item thoroughly before submitting the claim form. Any issues not disclosed in the claim form cannot be considered in the evaluation of your claim. You also cannot file a second claim after your first one has been resolved.

4. Self Mediation Phase (5 Days)

We suggest discussing with the Seller first to explain what issue you’re experiencing so you and the Seller can agree on a resolution you’re both happy with. Both buyers and sellers can send compensation offers and requests directly via the chat. If accepted, the agreed amount will automatically be deducted from the seller's payment and refunded to the buyer. 

Important: 

• Compensation offers contain a compensation amount, not a new bike price 

• By accepting compensation offers, both parties acknowledge that this will resolve the claim. No further request can be sent. This action is final and can not be undone.

When to request help by buycycle?

Both sellers and buyers can escalate the issue to our claims resolution team by clicking the “Need buycycle’s help? Click here”- button after a claim is filed. 

• If you’re unable to reach a solution.

• If both parties agree to return the item

• If the seller can provide evidence that the item was packed safely and damaged during transit, please request buycycle’s help to find a solution

• If you have not reached an agreement with the seller within 5 days of reporting the issue, your claim will be escalated to our claims team automatically. 

5. Resolution through buycycle 

Our specialised claims team will review your case and consider all available information including the listing, your chat with the seller, pictures of the condition before and after shipping. We may ask you and the Seller to provide us with additional information and evidence to inform the objective decision about whether your case is eligible for a refund or return according to our buyer protection policy. You and the Seller agree to respect the final decision.

6.3 Refunds

How your refund is calculated:

Confirmed Issue with Item	Refundable	Non-refundable
Missing Receipt (if listed as present in the advertisement)	5% of item price (from seller payout)	Buyer protection fee, Shipping fee, Packaging fee
Item received in dirty condition beyond normal maintenance	5% up to 50$	Buyer protection fee, Shipping fee, Packaging fee
Mechanical condition not as described	Replacement parts will be reimbursed proportionally to the item's depreciated value at the time of purchase. The reimbursement cap is calculated as: (Purchase Price ÷ Original Retail Value) × Total Repair Cost	Buyer protection fee, Shipping fee, Packaging fee
Cosmetic Condition not as described	Up to 10% of item price	Buyer protection fee, Shipping fee, Packaging fee

You are not eligible for a full or partial refund, if you:

• reported an issue that is determined to be in line with the seller’s description or is visible in the original listing,

• have already confirmed that everything was ok with the Item when you received it (by clicking the “everything is OK”-button),

• did not report the issue via the “report a problem” button within the 48h window

• did not provide the Claims team with proof an Item was damaged or differs from the description within timelines communicated to you,

• did not respond to communications through the email provided within 3 days after requesting help

• you used or configured the Item in some way before you reported it, or

• have caused the issue yourself through improper unboxing or assembly, 

• are under investigation because you’re suspected of abusing or misusing the Buyer Protection

Compensation for damages by buycycle & mandatory copay

buycycle will cover repair or replacement costs for transit-related damage, provided the item was packed according to our packaging standards. Furthermore it must be evident that the damages were not pre-existent to transport from the pre-shipping pictures (as explained in section 5.1.1). If damage results from improper or insufficient packaging, the seller will be held liable for part or all of the resulting costs. When purchasing pre-owned items or bikes in any condition other than "new," some minor adjustments or replacement of wear-and-tear parts may be expected. In such cases, a copay of up to 75$ may apply, after which the repair is covered under our Buyer Protection policy.

Counterfeit items

If you claim an Item is a counterfeit within the 48 hour claim period you need to provide evidence that supports your argument. We’ll review this evidence and reach out to you and the Seller and obtain information from both sides in order to make an objective decision.

• If the Item’s authenticity is not doubted, then we’ll complete the Transaction and release the money in Escrow to the Seller. 

• If there's not enough information for us to determine whether the Item is a counterfeit or not, then we’ll deem the case as ambiguous and cancel the Transaction, refund you and require you to return the Item to the Seller and pay for return shipping costs (unless otherwise agreed with the Seller).

• If there’s strong evidence the Item is a counterfeit, then we’ll notify the Seller. They’ll have 48 hours to provide us with evidence that the Item is authentic (invoice, proof of authenticity, warranty card etc.). If they can’t or don’t provide this, we’ll cancel the Transaction and you won’t need to return the Item to the Seller in order to get a refund.

Lost in transit items

• If you report that you have not received your item at your address or the shipping status indicates that the item is lost in transit, we will open an investigation with the carrier. 

• This investigation period lasts 21 days, and allows the carrier to internally search for your parcel.

• If your item is found during this period, the item will be delivered to you as planned. If your item is confirmed as lost by the carrier after this period by the carrier, we will issue a full refund. 

6.4 Returns

Unlike traditional e-commerce, we focus on ensuring that purchases meet expectations rather than offering blanket returns. A Buyer Protection claim for a return is only valid, if one of the following reasons is confirmed by one of our experts.

Confirmed Reason for return	Refundable	Return Shipping Cost
Wrong size*	Item price, Buyer protection fee, Shipping fee, Packaging fee	Are to be covered by the seller
Counterfeit item	Item price, Buyer protection fee, Shipping fee, Packaging fee	Are to be covered by the seller
Significant structural damage that is safety critical	Item price, Buyer protection fee, Packaging fee	Are to be covered by the seller

*Defining Wrong sizing

Buyers are responsible to verify the sizing information provided by the seller against the manufacturer's own information. In case the size indicated in the listing, the description of the item, or the size recommendations provided by buycycle are contradicting or ambiguous, it is the buyer's responsibility to confirm the exact size by asking clarifying questions to the seller or consulting the item manufacturer. A “wrong size claim” is only valid if the item is clearly mislabeled according to the manufacturer's sizing definitions and nomenclature. If the buyer fails to review the full item advertisement, which states the correct size in the images or written description, your claim will be denied. If the wrong size is noticed by the buyer and reports this problem within 48h they must provide evidence through stickers, engravings, printing, label or receipt on the item. Buyers' own measurements are no valid reason.

Unauthorized Returns do not grant Refunds

A return or return shipment is only valid if it has been approved in advance by buycycle. This applies in particular to transactions between private parties. Also if the return is not made via the shipping service offered by buycycle, an unauthorized return without prior approval by buycycle is not a legally valid reversal. A refund cannot be made in such cases and the buyer must pay the full shipping price back to their location and waives any right of buycycle’s Buyer Protection

Important information for Buyers regarding Returns

• Ensure proper packaging. You are obliged to pack the item properly and securely for transportation. Inadequate packaging can lead to transport damage for which the buyer is liable. Damages during the return shipment resulting from inadequate packaging will be deducted from the buyers refund of the purchase price. 

• Document the condition and packaging. We suggest documenting the condition and packaging in detail with pictures, to protect yourself against potential accusations by the seller. 

• Refund payout after Seller confirmation. After the item was delivered back to the seller, they’ll have 2 days to confirm they have the Item and everything was returned in full and is ok (at which point you’ll receive your refund) or report an issue (in which case your money will still be kept safe in Escrow until the issue is resolved).

Important information for Sellers regarding returns

• Cover return shipping costs. If a return is granted to the buyer for one of the reasons above, and you are responsible to cover the cost of the return shipment. We will collect the amount owed via the payment service provider Adyen 

• Payment deadline and consequences. If you do not pay the amount within 3 days of notification or are unresponsive, the item will be shipped to one of our facilities. You will be charged an additional 200$ return handling fee. The bike will be sent back to you as soon as you cover all outstanding amounts.

• Confirm condition within 48h after delivery. After you have received the returned item you have 48 hours to confirm that everything is ok with the returned item. If you report an issue we will not issue a refund to the buyer until the issue is resolved. To report an issue, you must contact your designated claims specialist via the email thread used to notify you about the return.

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LET’S WRAP THIS UP - FINAL IMPORTANT TERMS

7. FORCE MAJEUR

buycycle is not responsible for delays in performance due to force majeure or due to circumstances for which the Buyer is responsible and entitles buycycle to postpone the provision of the affected services for the duration of the hindrance plus a reasonable start-up and planning period. buycycle will notify the User of delays in performance or changes in performance due to force majeure.

Should one of the contracting parties be prevented in whole or in part from fulfilling its obligations under the contract due to force majeure or other circumstances which it cannot reasonably be expected to remedy, these obligations shall be suspended until the disruptions and their consequences have been remedied. In this case, the contractual partner concerned shall have no claim to consideration. The contractual partner concerned is obliged to inform the other contractual partner immediately and to take all technically and economically reasonable measures to restore the conditions for the fulfillment of the contract without delay.

Force majeure is an external event caused by elementary forces of nature or by the actions of third parties, which is unforeseeable according to human insight and experience, cannot be prevented or rendered harmless by economically acceptable means, even with the utmost care that can reasonably be expected in the circumstances, and cannot be accepted by the affected contractual partner due to its frequency.

Delays due to circumstances beyond control):

buycycle is not responsible for delays due to causes beyond its control. If the delivery of the products is delayed due to an event beyond buycycle's control (e.g. due to delays in courier services, logistics or bad weather), buyers will be informed as soon as possible. In the event of a significant delay, a cancellation is possible after consultation with buycycle and the seller.

8. FINAL PROVISIONS

Place of jurisdiction; choice of law; dispute resolution

These Terms and any dispute arising out of or related to these Terms or our Services shall be governed by the laws of the State of Delaware, without regard to its conflict of law principles, to the maximum extent permitted by applicable law. The UN Convention on Contracts for the International Sale of Goods shall not apply. If you are a consumer residing in another state at the time of your order, nothing in this choice of law provision shall deprive you of the protection afforded by mandatory consumer protection laws of your state of residence that cannot be waived by contract.

The exclusive place of jurisdiction for all disputes arising from or in connection with a contract between us and the user is Munich, provided that the contracting parties are merchants, the user has no general place of jurisdiction in Germany or in another EU member state, the user has moved his permanent place of residence abroad after these General Terms and Conditions have come into force or the user's place of residence or habitual abode is not known at the time the action is brought. buycycle is also entitled to sue at the general place of jurisdiction of the User.

Dispute Resolution. Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Buycycle and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.

 

No Representative Actions. You and Buycycle agree that any dispute arising out of or related to these Terms or our Services is personal to you and Buycycle, and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding. The limitations imposed by this section apply to, but are in no way limited to, class action refund claims brought by a class of taxpayers against Buycycle related to taxes collected and remitted in good faith efforts at compliance with state and local marketplace facilitator or marketplace provider laws. Nothing in this section will be construed to prohibit a buyer from filing a refund claim with the seller or applicable state and local tax authority as permitted by law.

 

Arbitration of Disputes. Except for small claims disputes in which you or Buycycle seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Buycycle seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Buycycle waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, for any dispute or claim that you have against Buycycle or relating in any way to the Services, you agree to first contact Buycycle and attempt to resolve the claim informally by sending a written notice of your claim ("Notice") to Buycycle by email at help@buycycle.com or by certified mail addressed to Buycycle Inc., Attn: 80 Pine Street, Floor 24, New York, NY 10005

 

The Notice must (a) include your name, your residence address, your email address, your telephone number, and, if you have registered for an Buycycle account, the email address your account is registered under if it is different from your current email address; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Buycycle cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in King County, Washington unless you are a consumer, in which case you may elect to hold the arbitration at the JAMS office closest to your residence. For purposes of this Section 23, a "consumer" means a person using the Services for personal, family or household purposes. Additionally, arbitrations may be conducted telephonically or via video conference for disputes alleging damages less than $10,000. You and Buycycle agree that arbitrations will be held in accordance with the JAMS Streamlined Arbitration Rules and Procedures ("JAMS Rules"). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.

 

You and Buycycle agree that these Terms affect interstate commerce and that the enforceability of this Section 23 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine whether a dispute may be arbitrated. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual's claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

 

The arbitration will allow for the discovery or exchange of non-privileged information relevant to the dispute. The arbitrator, Buycycle, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.

 

You and Buycycle agree that for any arbitration you initiate, you will pay the filing fee and Buycycle will pay the remaining JAMS fees and costs. For any arbitration initiated by Buycycle, Buycycle will pay all JAMS fees and costs. You and Buycycle agree that the state or federal courts of the State of Delaware and the United States sitting in Kent County, Delaware have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

 

Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Buycycle will not have the right to assert the claim.

 

You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 23 by emailing Buycycle at help@buycycle.com.

 

In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 23.

 

If any portion of this Section 8 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 8 or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 8; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 8 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 8 will be enforceable. If you are a consumer, the provisions of this Section 8 will be modified to the extent necessary to conform to the JAMS Consumer Arbitration Minimum Standards.

Designated Agent. Spiegel & Urtrera P.A.

Address: 9 EAST LOOCKERMAN ST STE 202, DOVER, KENT (DE), 19901, UNITED STATES

 

Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to Buycycle for certain costs and damages.

Amendments. Amendments and supplements to all contracts must be made in writing to be effective. This also applies to amendments to this written form clause.

buycycle reserves the right to change these GTC, provided that the changes are reasonable for the User and the essential provisions of existing contractual relationships remain unaffected. buycycle will notify the User of the changes in writing at least six (6) weeks before they come into effect. If the User does not agree to the changes, the User may object in writing within one week before the planned entry into force of the changes. Without an objection from the User, the changes are considered approved. buycycle will expressly inform the User of the significance of their silence when notifying him of the changes to the GTC.

Should provisions of these GTC or a provision included in them in the future be wholly or partially invalid or unenforceable or lose their legal validity or enforceability at a later date, this shall not affect the validity of the GTC. The same applies if contracts between the contracting parties contain a loophole. In place of the invalid or unenforceable provisions or to fill the gap, an appropriate provision shall apply that comes closest to what the contracting parties intended or would have intended according to the meaning and purpose of the contract if they had considered the point when concluding this contract or when subsequently including a provision.

Data protection. buycycle is authorized to save and process the data relating to the respective order in accordance with the legal provisions and the privacy policy available on the Marketplace.

Privacy Policy: We are committed to making Your experience satisfying and safe. Protecting the privacy of our users is a primary concern for Us. When you request Our online services, the information you provide to us is used to validate Your identity. Although a certain limited amount of information is required for us to be able to serve you our data collection policies otherwise allow you to choose how much information you provide to us. The information you provide will be shared only with our professional consultants.

If user does not accept this Privacy Policy (including any updated terms hereto) or does not meet or comply with these provisions, then user may not use this website. Website Terms and Conditions are incorporated herein by reference and user, by using the website, hereby agrees that user shall comply with Website Terms and Conditions and this Privacy Policy. Please be advised that Website reserves the right to release such information to law enforcement or other governmental officials as, in Website’s sole and absolute discretion, it is deemed necessary to comply with the law.

Ownership & Limited License. The Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by Buycycle or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license ("License") to access and use our Services.

Severability. If a court or relevant authority decides that any section of these Terms is illegal, the remaining sections will remain in full force and effect. Should provisions of these GTC or a provision included in them in the future be wholly or partially invalid or unenforceable or lose their legal validity or enforceability at a later date, this shall not affect the validity of the GTC. The same applies if contracts between the contracting parties contain a loophole. In place of the invalid or unenforceable provisions or to fill the gap, an appropriate provision shall apply that comes closest to what the contracting parties intended or would have intended according to the meaning and purpose of the contract if they had considered the point when concluding this contract or when subsequently including a provision."

Changes to these GTC. buycycle reserves the right to change these GTC, provided that the changes are reasonable for the User and the essential provisions of existing contractual relationships remain unaffected. buycycle will notify the User of the changes in writing at least six (6) weeks before they come into effect. If the User does not agree to the changes, the User may object in writing within one week before the planned entry into force of the changes. Without an objection from the User, the changes are considered approved. buycycle will expressly inform the User of the significance of their silence when notifying them of the changes to the GTC.