1. Scope
These terms apply to all contracts for the purchase of goods concluded through the dealer area of Minibike Friends between EXPAQ GmbH and business customers (dealers) within the meaning of section 14 of the German Civil Code (BGB), including group preorders.
Seller and contractual partner:
EXPAQ GmbH
Schwabstr. 2
71686 Remseck
Germany
Represented by: Xiaoli Stelzenmüller
Register court: Amtsgericht Ludwigsburg
Commercial register number: HRB 746351
VAT identification number: DE291902426
Email: exp@minibikefriends.com
Platform operator:
Minibike Friends
Owner: Andre Römhild
Küferstraße 47
71686 Remseck am Neckar
Germany
Email: info@minibikefriends.com
Telephone: +49 177 7100427
Minibike Friends operates the technical platform and dealer area. It is not the seller and does not become a party to the purchase contract. Conflicting or supplementary terms of the dealer do not apply unless EXPAQ GmbH expressly agrees to them in writing.
2. Dealer account and approval
The dealer area is available only to businesses. Dealers must provide complete and accurate company details, including a valid VAT identification number where available, and keep them up to date. There is no entitlement to approval. Approval may be revoked for good cause, in particular in the case of false information or misuse.
3. Contract formation
Product presentations in the dealer area are not binding offers. By submitting an order, the dealer makes a binding offer to purchase the goods. An automatic acknowledgement of receipt is not an acceptance. The contract is formed when EXPAQ GmbH accepts the order by order confirmation, invoice or dispatch of the goods.
4. Prices and taxes
Dealer prices shown in the dealer area are net prices plus statutory VAT where applicable, plus shipping costs as shown in checkout or agreed individually. For intra-Community supplies to dealers in other EU member states with a valid VAT identification number, the supply may be VAT-exempt under the reverse-charge procedure where the statutory requirements are met.
5. Group preorders
5.1. For selected products, EXPAQ GmbH offers group preorders. Each product has a target quantity and may have a deadline. The progress towards the target quantity is shown in the dealer area as an aggregated number of pieces. Stated availability dates are non-binding estimates.
5.2. By submitting a preorder via “Preorder verbindlich abgeben”, the dealer makes a binding offer to purchase the stated quantity, subject to the condition that the target quantity is reached. No payment is due when the preorder is submitted.
5.3. Until the target quantity is reached, the dealer may cancel the preorder free of charge by email to EXPAQ GmbH or Minibike Friends.
5.4. Once the target quantity is reached, all participating dealers are informed by email. The contract is formed when EXPAQ GmbH confirms the preorder or issues the invoice.
5.5. Group preorders are invoiced for advance payment. The full invoice amount is due within 7 days of the invoice date. EXPAQ GmbH places the order with the manufacturer only after payment has been received.
5.6. If payment is not received in time, EXPAQ GmbH may, after a reminder setting a further period of 3 days, withdraw from the contract for that dealer’s quantity. The quantity is then released and may be allocated to other dealers.
5.7. If the target quantity is not reached by the deadline, the preorder lapses. Neither party has any further obligation.
5.8. If the manufacturer does not deliver or delivers late, EXPAQ GmbH informs the dealers without undue delay. Payments already made for goods that cannot be supplied are refunded without undue delay.
6. Payment
Unless otherwise agreed, invoices are payable without deduction within the period stated on the invoice. EXPAQ GmbH may make delivery dependent on advance payment.
7. Delivery and transfer of risk
Delivery is made to the address stated by the dealer. Risk passes to the dealer when the goods are handed over to the carrier. Partial deliveries are permitted where reasonable.
8. Retention of title
The goods remain the property of EXPAQ GmbH until all claims arising from the business relationship have been paid in full. The dealer may resell the goods in the ordinary course of business and hereby assigns to EXPAQ GmbH the resulting claims against its customers as security.
9. Inspection and defects
The dealer must inspect the goods without undue delay after delivery and give notice of any defects in accordance with section 377 of the German Commercial Code (HGB). Otherwise, the statutory rights in respect of defects apply.
10. Product information and road approval
Information on compatibility, approvals and intended use is set out in the product information. The dealer is responsible for passing on product, safety and approval information to its customers. See Product Safety and Road Approval.
11. Liability
EXPAQ GmbH is liable without limitation for intent and gross negligence and for injury to life, body or health. For slight negligence, liability exists only for breach of material contractual obligations and is limited to foreseeable damage typical of the contract. Mandatory statutory liability, in particular under the Product Liability Act, remains unaffected.
12. No right of withdrawal
The statutory right of withdrawal for consumers does not apply to dealers.
13. Applicable law and jurisdiction
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If the dealer is a merchant, a legal person under public law or a special fund under public law, the place of jurisdiction is the registered office of EXPAQ GmbH.
Updated: 30 September 2026