General Terms and Conditions

1.1. These General Terms and Conditions govern the contractual relationship between Pedalia e.U. (“Pedalia”) and persons who hold a user account or publish listings on the online classifieds platform operated at https://www.pedalia.at.

1.2. For persons who use the platform without a user account solely to search or to contact advertisers, the Terms of Use apply.

1.3. Private users are users who do not use the platform in the course of a commercial activity. Traders are users who offer bicycles or bicycle accessories in the course of their commercial activity.

1.4. Deviating terms of a user become part of the contract only if Pedalia expressly agrees to them.

1.5. 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 and for contact between users.

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.

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. Traders must use a trader account. Pedalia reviews the trader profile before approving it. Depositing a payment method does not by itself conclude a paid subscription. The subscription begins only once Pedalia approves the trader account. Before that point, neither the trader profile nor the trader's listings are displayed publicly.

3.6. There is no numerical limit on how many listings a trader with an active subscription may publish at the same time.

3.7. Trader listings disclose the provider's trader status. The trader profile contains the details required to identify the business.

3.8. No subscriptions are offered to private users. A private user account can create any number of listings, but at most three listings may be made publicly visible at the same time.

3.9. A listing is published for 60 days, regardless of whether it belongs to a trader or a private account. It can be extended using the function provided for that purpose. Listings kept up to date continuously through an agreed inventory sync are extended automatically by 60 days from the time of each successful check or uploaded stock list; an expired listing contained in an uploaded stock list is published again.

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

4.6. 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 must review a prepared listing before publishing it. The retailer decides for itself whether to use a prepared listing. It may change the content, price and images before publication, or delete the listing.

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.

6.1. An advertiser may only publish content they are entitled to use. Publication may not infringe any copyright, trade mark, business identifier, personality or other third-party right.

6.2. For the duration of publication, the advertiser grants Pedalia a non-exclusive, royalty-free right to store, reproduce and make publicly accessible on the platform the content the advertiser has released, for the purpose of operating the platform.

6.3. Pedalia may technically edit images and other content to the extent necessary for their display on the platform, for example by resizing them or creating thumbnails.

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. The promotional price function is available exclusively to traders. A price reduction accompanied by a comparison price, a percentage figure or a comparable announcement of a reduction may only be announced on Pedalia through this function.

7.3. To determine the comparison price, the promotional price function uses the price history stored by Pedalia. The lowest price demanded on Pedalia within the 30 days preceding the start of the promotion is decisive.

7.4. 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.

7.5. 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.

7.6. 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. A user account may also be suspended if a trader's required company details are missing or evidently incorrect, if subscription fees due are not paid, or if there are concrete indications that the account is being used abusively or in a way that endangers security.

8.6. Pedalia notifies the affected user of the decision and its specific reason by email. The notice identifies the measure imposed, the circumstances that were decisive for the decision, and the possibility of lodging a complaint against it.

8.7. Where a trader account is temporarily suspended for missing or incorrect company details, the trader may correct the details and request a further review. The subscription continues to run during that time; the suspension does not give rise to a refund of the fee already paid.

8.8. 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.

9.1. Use by private users is free of charge. Pedalia offers private users no paid listings, promotions or other add-on products.

9.2. Traders require an active subscription for the public trader page and for publishing their listings. The subscription covers the trader page, an unlimited number of listings, and the ability to publish, after their own review, listings prepared by Pedalia.

9.3. The trader subscription is concluded only after Pedalia has reviewed and approved the trader profile. Pedalia notifies the trader of the approval. The first monthly billing period begins at that point.

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

9.5. 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.

9.6. 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.

9.7. 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.

9.8. On an ordinary termination, the trader profile remains fully usable until the end of the billing period already paid for. There is accordingly no pro-rata refund.

9.9. Pedalia Plus is an optional add-on to the subscription. An ongoing automatic inventory sync – via a product feed, a product list or interface of the webshop, a check of the website, or a file from the till or merchandise management system – requires Pedalia Plus; uploading a stock list is included in the subscription. By submitting a request for such an inventory sync, the trader orders Pedalia Plus at the monthly fee stated on the Prices page. The fee is incurred only from the day on which Pedalia puts the set-up inventory sync into operation, and is charged pro rata for the billing period in progress with the next invoice, and monthly with the subscription thereafter. Pedalia Plus can be cancelled independently of the subscription, using the function provided for that purpose in the trader area, effective at the end of the paid billing period; if the subscription ends, Pedalia Plus ends with it.

For the setup, Pedalia charges a one-time setup fee of EUR 290 for an inventory sync via a file from the till or merchandise management system, via an interface for which the trader provides an access key, or via a check of the website, and of EUR 100 for a stock list in the trader's own format. A stock list following Pedalia's template, as well as syncs via a product feed or a public product list, are set up without a setup fee. All amounts are exclusive of value added tax. The setup fee is incurred only if the trader requests the setup, and is charged with the next subscription invoice or separately. If the setup fee is not paid by the due date despite a payment reminder, Pedalia may suspend the inventory sync until payment is made. If the inventory sync cannot be set up for reasons for which Pedalia is responsible, the setup fee is refunded; otherwise it is not refunded, including if the inventory sync or the subscription is later terminated. In individual cases, Pedalia may waive the fee for Pedalia Plus for a certain period, or the setup fee in whole or in part, for example as part of a pilot phase; there is no entitlement to this.

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 a party to the sale contracts brokered through the platform. Pedalia is therefore 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 is liable in accordance with the statutory provisions for damage it causes intentionally or through gross negligence. Vis-à-vis traders, liability for property and financial loss caused through slight negligence is excluded and additionally limited in amount to the fee paid for the order concerned.

10.6. Vis-à-vis consumers, liability for property and financial loss caused through slight negligence is excluded unless the breach of duty concerns the provision of the account, listing, search or contact functions agreed under clause 2.

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. Ranking cannot be improved in exchange for payment. The trader subscription gives a trader no paid priority over other matching listings.

11.3. Traders have access through their user account to their own profile and listing data and to messages sent to them via the platform about a listing. No access is granted to other users' personal data outside the functions provided for the relevant contact, nor to other traders' data.

11.4. Pedalia processes the data a trader enters and the data generated through use of the platform for the purpose of operating the platform, performing the contract, moderation and security. The details of the processing of personal data and of the service providers used are set out in the Privacy Policy.

11.5. Pedalia does not sell user data and does not make data from the platform available to any third party for that party's own advertising or marketing purposes.

11.6. Once a trader subscription ends, the public trader page is deactivated and the listings are no longer displayed publicly. For as long as the user account exists, the trader's own profile and listing data stored in it remain accessible to the trader. On a later renewal, listings that have not yet expired can be published again.

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.

12.5. A trader may terminate its subscription with effect from the end of the current billing period. Termination does not automatically end the user account.

12.6. Where Pedalia ends a trader subscription with immediate effect under clause 12.3, the fee attributable to the days of the current billing period not yet used is credited. Any VAT charged is corrected accordingly. A merely temporary suspension, by contrast, does not end the subscription.

12.7. Where a trader deletes its user account during a billing period already paid for, the trader profile and listings are taken offline on deletion of the account. In that case there is no refund of the fee attributable to the remainder of the billing period.

12.8. On termination of a trader subscription, the public visibility of the trader profile and the trader's listings ends. Further storage of account, contract and listing data is governed by the Privacy Policy and by statutory retention obligations.

13.1. Amendments to these GTC or to the Listing Rules applicable to traders are notified to traders by email at least four weeks before they take effect.

13.2. Traders may terminate the contractual relationship before an announced amendment takes effect. Advance notice is not required where Pedalia must implement a change without observing the notice period because of a directly applicable statutory or official obligation, or where an immediate change is necessary to meet an unforeseen and immediately impending threat from fraud, malware, spam or a breach of data security.

13.3. Amendments that alter the contractual relationship with private users to their disadvantage in substance become part of the contract only with their consent. If a private user does not consent to a required contract amendment, Pedalia may end the existing user relationship.

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

14.2. The statutory places of jurisdiction apply for consumers.

14.3. For disputes with traders, the exclusive jurisdiction of the court with subject-matter competence for Pedalia's registered seat in Vienna is agreed.

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