General Terms and Conditions

1.1. These GTC apply to all legal relationships between Pedalia (hereinafter “Pedalia”) and the users of the online classifieds platform operated at https://www.pedalia.at (hereinafter the “platform”).

1.2. A user within the meaning of these GTC is any person who accesses the platform, creates a user account or publishes a listing. An advertiser is any user who publishes a listing or has one published.

1.3. Deviating, conflicting or supplementary terms of the user do not become part of the contract unless Pedalia expressly agrees to their application in writing.

1.4. The Terms of Use, the Listing Rules and the Privacy Policy apply in addition, in their respective current versions. In the event of a conflict, these GTC prevail.

2.1. Pedalia operates an online classifieds platform on which private individuals and traders can publish and view listings for bicycles, bicycle accessories and related goods and services. Pedalia's service consists exclusively in providing the technical infrastructure for the publication, storage and discoverability of those listings.

2.2. Listings never constitute offers made by Pedalia. Pedalia is neither an intermediary nor a broker nor a commercial agent. No brokerage, intermediation or commercial agency contract comes into existence between Pedalia and its users; Pedalia acquires no claim to commission arising from a contract concluded between users.

2.3. Contracts concerning listed goods or services are concluded exclusively between the users. Pedalia is not a party to those contracts and is not liable for whether a contract is concluded, nor for its performance, reversal or enforceability.

2.4. Pedalia does not process payments between users, offers no checkout, escrow or shipping service, and does not hold purchase monies. Contact, price negotiation, handover and payment take place exclusively between the users and outside the platform.

2.5. Additional paid services, in particular promotions, premium placements and advertising products, may be offered separately and are additionally subject to the conditions notified at the time of booking.

3.1. The platform can be accessed without registration. A user account is required in order to publish listings and to use certain functions.

3.2. Users must provide truthful and complete information on registration and keep it up to date. There is no entitlement to registration.

3.3. Access credentials must be kept confidential and protected against access by third parties. The user is liable for all actions carried out via their user account insofar as they are responsible for the misuse.

3.4. User accounts are not transferable. As a rule, only one private user account is permitted per user.

3.5. Specialist retailers and other commercial providers must maintain a commercial user account and use the listing products designated for that purpose.

4.1. The advertiser is solely responsible for all content they publish, in particular for price information, product, condition and specification descriptions, images, videos and contact and company details.

4.2. Reviewing and, where necessary, correcting the listing as regards its factual, legal, price-related, time-related and other accuracy, as well as keeping it up to date, is the sole responsibility of the advertiser both before and after activation of the listing and for the entire duration of its display. By publishing it, the advertiser expressly confirms that the listing is to be published in that form. Pedalia is under no obligation to review content and assumes no liability in that respect.

4.3. The price field must contain the actual sale price as an Austrian gross end-consumer price in euro, including VAT and all other taxes and charges. In particular, entries such as “make an offer”, leasing, instalment or financing amounts, net prices, partial prices, “from” prices or indicative prices, and any price that does not correspond to the sale price actually demanded, are not permitted.

4.4. Advertisers who contract with consumers in the capacity of a trader must comply with the applicable consumer protection provisions on their own responsibility, in particular those of the KSchG, the FAGG, the UWG and the Price Marking Act. This includes in particular pre-contractual information duties, instruction on the right of withdrawal, statutory warranty, and the requirements governing price marking and the announcement of price reductions.

4.5. Commercial providers are obliged to disclose their status as a trader. Irrespective of tax liability and of whether a trade licence is held, Pedalia classifies providers who list goods or services regularly, in significant volume or with the intention of making a profit as commercial, and may mark or convert the user account accordingly.

4.6. Content created wholly or predominantly using generative artificial intelligence, in particular images, must be labelled as such by the advertiser.

4.7. Prohibited in particular are inaccurate, misleading or incomplete statements, listings for stolen, counterfeit or non-marketable goods, multiple listings for the same item, and content that infringes a statutory prohibition or public morals. The details are set out in the Listing Rules.

5.1. Pedalia may prepare listings for specialist retailers on the basis of publicly available information from the respective retailer's own website and make them available in the retailer's user account (prepared listings). Prepared listings are not publicly visible on the platform until published by the retailer.

5.2. Prepared listings constitute neither an offer nor a warranty on the part of Pedalia. Pedalia gives no warranty as to the accuracy, completeness or currency of the information taken over, in particular as to prices, availability and condition and specification details.

5.3. The retailer may amend or delete prepared listings at any time before publication. There is no obligation to publish them.

5.4. By publishing a prepared listing, whether individually or in bulk, the retailer expressly confirms that they have reviewed its content and prices and adopts them in full as their own. From the moment of publication the listing is deemed in every respect to be a listing created by the retailer itself; clause 4 of these GTC applies without restriction.

5.5. For evidentiary purposes, Pedalia records the time of each publication, the user account acting, and the state of the content published at that time.

6.1. The advertiser warrants that they hold all rights in the texts, photographs, graphics, videos and other files they provide, and that publication of those materials infringes no third-party rights, in particular no copyright, trade mark, business identifier, personality or competition rights.

6.2. The advertiser grants Pedalia a non-exclusive, territorially and temporally unlimited, royalty-free right to use the content provided for the purpose of operating, displaying and promoting the platform, including the right to edit it to the extent technically necessary and to reproduce it in previews and search results.

6.3. The advertiser assumes responsibility for the advertising. In particular, they warrant that it complies with press law and competition law provisions.

6.4. All rights in the platform itself, in particular in software, databases, design, trade marks and other identifiers, remain with Pedalia. Systematic extraction, reproduction or re-use of platform content without prior written consent is not permitted.

7.1. The advertiser may change the price of a listing at any time. Pedalia records the time and amount of every price change and may indicate as a matter of fact that a price has been reduced.

7.2. Announcing a price reduction is permitted exclusively via the promotional price function provided by Pedalia. The reference price used is the lowest price that the advertiser demanded for the same item on the platform within the 30 days preceding activation of the promotion.

7.3. The promotional price function requires that the listing has previously been active continuously at the reference price for at least five days and that the promotional price falls below the reference price by at least the minimum percentage stated in the function. The promotion ends automatically after 14 days, after which the promotional price applies as the regular price. The advertiser may end the promotion early at any time.

7.4. Statements of price reduction, comparison or saving outside the promotional price function are not permitted, in particular struck-through prices, percentage figures, and comparisons with recommended retail prices or with third-party prices in the listing text, in images or in the title.

7.5. Even when using the promotional price function, the advertiser remains solely responsible for the lawfulness and accuracy of their price information. Pedalia's technical provision of the function does not constitute a review or confirmation of the admissibility of the specific price reduction.

8.1. Pedalia is entitled to review listings and other content for compliance with these GTC, the Listing Rules and applicable law. There is no obligation to carry out such a review; a voluntary review gives rise to no liability for content not reviewed.

8.2. Automated procedures may be used to detect possible infringements. A decision resulting in the removal, suspension or restriction of a listing is not taken on a solely automated basis.

8.3. Where an infringement can be remedied, Pedalia may place the listing in the status “revision required”. In that case the listing is not publicly visible on the platform but remains editable by the advertiser. Pedalia states the reason. Once the advertiser has amended it, the listing is reviewed again.

8.4. In the case of serious or repeated infringements, Pedalia may remove listings, restrict functions, or suspend or terminate the user account. In the event of an infringement of clause 4.3 or clause 7 of these GTC, in particular in the case of misleading price information, Pedalia is entitled to take the listing offline with immediate effect.

8.5. Any person may notify Pedalia of unlawful content. The notification facility and the procedure for handling notices and complaints are described on the platform. Pedalia provides the affected user with a statement of reasons for decisions to remove or restrict content.

8.6. The affected user may lodge a complaint against such a decision within six months of receipt of the statement of reasons. The right to bring proceedings before a court or an out-of-court dispute resolution body remains unaffected.

9.1. Publishing private listings is free of charge to the extent stated. Commercial providers require a paid subscription; its scope, term and fee are disclosed transparently before the contract is concluded.

9.2. Payment is processed by an external payment service provider, whose terms apply in addition. Pedalia does not store complete payment card data.

9.3. Unless stated otherwise, fees are payable in advance for the relevant billing period. The subscription renews automatically for the relevant billing period unless terminated by the end of the current period.

9.4. Where fees change, the new terms take effect for ongoing contracts as well. The fee remains unchanged for any period already paid in advance; the new fee applies from the next invoice. Notice of a fee adjustment is given in good time and in any event before it takes effect. The user is entitled to terminate the contract with effect from the end of the current billing period up until the adjustment takes effect.

9.5. Where Pedalia takes a listing offline on account of an infringement of these GTC or the Listing Rules, there is no entitlement to a refund of the fee attributable to that listing.

9.6. Consumers retain their statutory rights of withdrawal in full, in particular under the FAGG. Information on the existence, periods, exercise and any early expiry of those rights is provided separately before the contract is concluded.

10.1. Pedalia merely provides the technical infrastructure for storing and publishing third-party content and does not adopt that content as its own. Pedalia assumes no liability for the accuracy, completeness, currency or lawfulness of content posted by users, in particular for price information, descriptions and images.

10.2. Pedalia is not liable for the goods and services offered on the platform, whether under warranty or guarantee, or in damages, product liability or on any other legal basis. Nor is Pedalia liable for any particular success of a listing, for the creditworthiness, identity or contractual reliability of users, or for the enforceability of a contract concluded between users.

10.3. Pedalia is not liable for uninterrupted availability of the platform. Maintenance, technical faults and circumstances outside Pedalia's control may lead to temporary restrictions.

10.4. The platform may contain links to third-party websites. Pedalia has no influence over their content and accepts no responsibility for it.

10.5. Pedalia's liability is limited to intent and gross negligence. This limitation does not apply to personal injury, to breach of material contractual duties, or to the extent that mandatory statutory provisions, in particular the Consumer Protection Act and the Product Liability Act, preclude it.

10.6. Vis-à-vis traders, Pedalia's liability for financial loss is additionally limited in amount to the fee paid for the order concerned. Claims for damages by traders must be asserted in court within six months of becoming aware of the loss and of the party causing it, failing which they lapse.

10.7. The user shall fully indemnify and hold Pedalia harmless against all third-party claims founded within the user's sphere of responsibility. This covers in particular claims arising from inaccurate or misleading price information, from infringement of the UWG or of copyright, trade mark or business identifier rights, from infringement of personality rights, and claims under § 1330 ABGB, together with the reasonable costs of out-of-court and court legal defence, including lawyers' and court fees.

10.8. The user shall inform Pedalia without delay as soon as they become aware of third-party claims in connection with content they have posted, and shall support Pedalia in its legal defence to a reasonable extent.

11.1. The ranking of listings in search results and overviews is determined by the match with the search query and the filters selected, the completeness and currency of the listing, the time of publication or last update, and, in the case of location-based searches, distance.

11.2. Paid promotions may influence ranking. Such placements are marked as advertising or as paid placement. Ranking is influenced in return for payment exclusively in that marked form.

11.3. A provider's membership of a particular provider group, in particular private or commercial, is shown on the listings and is available as a filter criterion.

12.1. The user relationship is entered into for an indefinite period. Users may delete their user account at any time without giving reasons; existing paid contracts remain unaffected until the end of the current billing period.

12.2. Pedalia may terminate the user relationship on one month's notice to the end of a calendar month.

12.3. The right of either party to terminate for good cause remains unaffected. Good cause exists for Pedalia in particular in the case of serious or repeated infringements of these GTC, the Terms of Use or the Listing Rules.

12.4. On termination of the user relationship, the user's listings are taken offline. Statutory and contractual retention obligations remain unaffected; the details are set out in the Privacy Policy.

13.1. Pedalia may amend these GTC where this is necessary because of a change in the law, supreme court case law, changed market conditions or a change in the range of services offered, and where the user is not thereby unreasonably disadvantaged.

13.2. Users are notified of amendments in text form at least four weeks before they take effect. If the user does not object before they take effect, the amendments are deemed to have been accepted. This consequence is pointed out separately in the notification. In the event of an objection, either party is entitled to terminate the user relationship with effect from the date the amendment takes effect.

13.3. The current version of these GTC is available on the platform.

14.1. Austrian law applies, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods.

14.2. Where the user is a consumer domiciled or habitually resident in Austria, mandatory consumer protection provisions and the statutory places of jurisdiction for consumers remain unaffected.

14.3. For disputes with traders, the exclusive jurisdiction of the court with subject-matter competence for Vienna, Austria is agreed.

14.4. Pedalia is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration body. Consumers may nevertheless contact the Internet Ombudsstelle.

14.5. These GTC are drawn up in German. Translations are provided for information only; in the event of any discrepancy, the German version prevails.

15.1. Full details of the media owner and service provider pursuant to § 5 ECG, §§ 24 and 25 MedienG and § 14 UGB are set out in the Imprint.