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User Terms and Conditions

Bike2Shop User Terms and Conditions

Valid as of 2020 06 26. Cancels and replaces any previous version.

Introduction

  1. The Bike2Shop electronic commerce platform is a service offered by Herremans S. à r.l., a Luxembourg incorporated company registered in the Luxembourg Trade and Companies Register under number B158177 (hereinafter "Bike2Shop").
  2. Bike2Shop operates an online sales platform (hereinafter the "Platform") with multiple online shops which are listed below and including the one that you are currently visiting (hereinafter the "Site"), allowing Buyers, after registration, to get in touch with Vendors and Delivery agents, registered members of the Platform, for the purpose of making Purchases of products (hereinafter the "Service(s)").
  3. List of online shops operated by Bike2Shop:
  1. For any question relating to the protection of personal data and the use of cookies on the Site, Bike2Shop invites you to consult the Site’s Privacy Policy.

Purpose and scope

  1. The purpose of these Terms and conditions (hereafter the “User Terms”) is to define the conditions under which Bike2Shop makes available to Buyers, as part of the Service, technological tools used for Purchases from Vendors.
  2. These User Terms shall prevail over any other contract of Vendors which contradict or depart from these User Terms, unless their validity has been expressly accepted by Bike2Shop in writing. These User Terms therefore also apply in the event that Bike2Shop performs the Service against conflicting or divergent conditions of the User.
  3. To use the Service, the Buyer must agree to commit to these User Terms without restriction or reservation. This acceptance is materialized by a validation click on the Site.
  4. Bike2Shop reserves the right to modify these User Terms. Any subsequent modification will take effect immediately as of their publication on the Site. They will however not apply for transactions in progress at the time of their entry into force, for which the previous version will continue to apply.

Definitions

  1. The term “Buyer” designates a registered visitor of the Platform who is the initiator of an order placement on the Site.
  2. The term “Delivery agent” refers to a business that delivers products to Buyers. Delivery agents must have concluded a membership agreement with Bike2Shop to be allowed to deliver products sold on the Platform to Buyers.
  3. The term "Price" means the total price of the product as indicated on the Site, including the net price excluding VAT, value added tax ("VAT") and, where applicable, delivery costs. The price elements are indicated in accordance with legal provisions.
  4. The term "Purchases" designates products already manufactured or not yet produced, but the order of which has been placed by the Buyer.
  5. The term "User" refers to a registered or guest visitor to the Site.
  6. The term "Vendor" refers to a business that offers products or services on the Platform. Vendors must have concluded a membership agreement with Bike2Shop to be allowed to list and sell products on the Platform.

Access to Services

  1. To access the Services of the Platform, the User must be an adult natural person or a legal person.
  2. To access the Services of the Platform, the User must register on the Platform and create a user account under the following conditions:
  • To register, the User must open a user account, provide its contact details, an e-mail address and a password.
  • When ordering, the User registered in accordance with the process described above must read and accept the User Terms by checking the relevant box. If the consent is not expressed in this way, the Services cannot be offered, making any order validation impossible.
  1. Each User agrees to provide accurate, up-to-date and complete information when registering on the Platform.
  2. Each User undertakes to keep their data accurate and up to date on a continuous basis.
  3. Each User undertakes to keep secret the password he has chosen, received and modified.
  4. Each User undertakes to immediately inform Bike2Shop in the event of suspicion of unauthorized use or theft of their user account, and to immediately change the password.
  5. Registration on the Platform is free.

Description of the Services offered to Buyers

  1. Users can use the Platform to search for products offered by Vendors and make Purchases directly with Vendors.
  2. The Platform only supports the Click-and-Collect delivery method where the Buyer must withdraw its Purchases at a pickup store managed by a Delivery agent.
  3. With regard to the orders placed on the Site by the Buyer from the Vendor, the conditions are exclusively governed by the agreement concluded between the Buyer and the Vendor provided that they do not contravene the User Terms.
  4. It is expressly agreed that Bike2Shop does not sell any product or service directly and will in no case become a party to contracts concluded between Buyers and Vendors. Bike2Shop makes no declaration of intention in the context of contractual negotiations between the Buyer and the Vendor.
  5. Bike2Shop’s Services are offered to Buyers, subject to availability. Bike2Shop strives to guarantee the permanent accessibility of the Services. However, access to the Services may be temporarily limited or unavailable in the event of Platform maintenance operations, Platform developments or simple malfunctions. If necessary, Bike2Shop will inform the Users, as far as possible.

Order placement, processing and collection

  1. At order placement, orders are initially in status “pending” (payment status “authorized”) or “processing” (payment status “paid”).
  2. An order placement by the Buyer gives rise to a sales contract between the Vendor and the Buyer, the purpose of which is the purchase with transfer of ownership of one or more products that the Vendor is required to give to the Buyer, with the obligation for the Buyer to pay the agreed Price to the Vendor.
  3. The Buyer is required to pay the Price at the conclusion of the contract and before any delivery of the Purchases.
  4. The Vendor undertakes to give the Buyer an invoice for the Price of the order.
  5. At order placement, Bike2Shop sends to the Vendor and the Buyer a confirmation of the order in the form of an e-mail summarizing the information provided by the parties at the conclusion of the sales contract such as the type and number of product(s) purchased, their descriptions, the Price to be paid by the Buyer, the amount of value added tax, shipping costs if applicable and the method of payment. The summary email also contains the order number.
  6. At shipment to the pickup store, the Vendor changes the shipping status of the order to “shipped” and Bike2Shop, on behalf of the Vendor, sends a message to the Buyer for information.
  7. At delivery of the shipment, the Vendor changes the shipping status of the order to “delivered” which will set the order status to “completed” and Bike2Shop, on behalf of the Vendor, sends a message to the Buyer informing him that the order can be collected at the pickup store.
  8. The order number, kept available in digital or printed form, is used by the Buyer or the person who collects the Purchases to identify the package to be picked up and authorize it for collection.
  9. The Vendor may cancel an order, without having to justify reasons or to pay a penalty, which will set the order status to “cancelled”. If already paid, the Buyer is refunded by re-crediting the means of payment used when ordering. Bike2shop, on behalf of the Vendor, sends a message to the Buyer for information.

Obligations of the Buyer

  1. The Buyer agrees to act in accordance with the obligations defined in these User Terms.
  2. The Buyer undertakes to provide exact and sincere information concerning his contact data and address, including data for the processing of payments, and to keep all his information up to date.
  3. The Buyer undertakes to withdraw the Purchases at the pickup store by his own means within a maximum of four (4) weeks following payment of the order, unless otherwise stated by the Vendor.
  4. If the Buyer does not withdraw the Purchases within the aforementioned period, the order is terminated at the end of aforementioned period, the Vendor recovers ownership of the products and keeps the amount paid by the Buyer as compensation. The Buyer cannot claim any refund or any compensation in the event of the application of this article.
  5. The Buyer is required to respect any other agreement that he may have entered into with the Vendor in connection with the order of a Purchase.

Guarantees

  1. The Buyer has a legal guarantee of conformity. In accordance with the legal provisions in force relating to the conformity of the goods to the contract or to hidden defects, defective products (without this being due to the Buyer) or not corresponding to the order will be reimbursed, by the Vendor, exchanged or repaired at the option of the Buyer, unless the repair or exchange is impossible or involves disproportionate costs for the Vendor. The Buyer can also decide to keep the defective product and request a price reduction from the Vendor, unless the Vendor offers to exchange or repair the good.
  2. In this context, the products must be returned to the Vendor in the state in which they were received with all of the elements (accessories, instructions ...) in a packaging allowing transport in good conditions, the costs of shipment will be refunded to the Buyer on the basis of the invoiced price and the return costs will be borne by the Vendor.
  3. Reimbursement will be made by re-crediting the means of payment used when ordering or through a discount voucher on the purchase of another product.

Right of withdrawal

  1. In accordance with the legal provisions in force, as part of a purchase order made from a professional Vendor, the Buyer has a period of fourteen (14) days from receipt of the product(s) ordered to exercise, with said Vendor, its right of withdrawal, without having to justify reasons, or to pay a penalty.
  2. In case of exercise of the right of withdrawal within the aforementioned period, only the price of the Purchases will be reimbursed, the return costs remaining the responsibility of the Buyer, unless otherwise indicated by the Vendor.
  3. Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) and must also be accompanied by a copy of the invoice for optimized management.
  4. The Buyer exercises his right of withdrawal directly from the Vendor concerned by using the standard withdrawal declaration form made available on the Site and which can be accessed by clicking the “Return item(s)” button next to an order. This will create a return request on the Platform in status “Received”.
  5. Once the withdrawal declaration form sent to the Vendor, the Buyer must return the product(s) without delay to the same pickup store where initially collected from.
  6. Case 1: the Delivery agent is also the Vendor
  • The Vendor assesses the validity of the return request and updates the status of the return request on the Platform to either “Return authorized” or “Request rejected”.
  1. Case 2: the Delivery agent is not the Vendor
  • The Delivery agent assesses the validity of the return request and informs the Vendor.
  • The Vendor updates the status of the return request on the Platform to either “Return authorized” or “Request rejected”.
  • If the return is authorized, the Vendor arranges shipping from the pickup store.
  1. The Buyer will be reimbursed the amounts paid at the latest within fourteen (14) days from the date on which the right was exercised with the Vendor, using the same means of payment as that of the purchase order. This reimbursement date may be postponed until the product is recovered by the Vendor.

Vendor and Delivery agent rating

  1. Bike2Shop allows Buyers, when technically possible, to assess the performance of Vendors and Delivery agents by means of a rating system after the execution of an order and to evaluate the content published by other Buyers according to whether they are useful, relevant or necessary. The rating system thus facilitates purchasing decisions.
  2. Buyers agree to provide only accurate information in the assessments provided and to comply with legal provisions.
  3. Bike2Shop does not verify reviews and assumes no responsibility for the reviews or their content.
  4. The evaluation system cannot be used against its objectives. In particular, it is prohibited:
  • to claim inaccurate facts,
  • to be evaluated or to organize such an evaluation by a third party, or
  • to allow facts or circumstances unrelated to the conclusion or performance of the order to be mentioned in the assessments.
  1. Bike2Shop reserves the right to delete all or part of the evaluations, if Bike2Shop becomes aware of it in any way whatsoever, which would have content that is inadmissible within the meaning of this User Terms.

Prohibited Uses of Services

  1. It is up to the User to ensure that his behavior on the Bike2Shop Platform complies with applicable laws. Users are warned that the publication, distribution or simple provision of the content and activities described below, violate applicable law, the rights of third parties or the interest of Bike2Shop and are therefore strictly prohibited on the Bike2Shop Platform:
  • The publication or dissemination of insults, false statements, abusive, defamatory or slanderous allegations,
  • Violent, racist publications or content calling for the commission of offenses or any other publication or content punishable under criminal law,
  • Content and representation of a sexual nature or prohibited to minors,
  • The reproduction, representation and public disclosure of works protected by copyright without having the related rights,
  • The publication of images without the consent of the persons concerned,
  • The publication of any content infringing the anonymity of Users or their right to remain anonymous,
  • Use of the Site for commercial purposes other than those authorized by Bike2Shop, unless Bike2Shop has previously given written consent to such commercial use for other purposes,
  • The publication of personal data of third parties,
  • Use of the Site for political or religious purposes,
  • The sending of "junk mails", "chain letters" or unsolicited mass mail, instant messages or "spamming", and in general any use made in violation of the legal provisions applicable to data protection personal,
  • The use of the Site causing disruption, interruption or excessive load of Bike2Shop Services,
  • Using the account, user name or password of another User without their authorization,
  • The use of technical and logical means having the effect of impairing the proper functioning of the Platform,
  • Blocking, deleting or modifying the content generated by Bike2Shop,
  • Use of the Services contrary to applicable laws and regulations.
  1. The examples given in the above list are not exhaustive.
  2. Exclusion of liability of Bike2Shop in the event of prohibited use of the Services:
  • The User is responsible for all claims that other Users or third parties would assert against Bike2Shop due to the prohibited use of the Services of the Platform, as described in a non-exhaustive manner in the articles above.li
  • If applicable, the User assumes alone and/or will reimburse at first request all the costs necessary for the advice and legal defense of Bike2Shop.
  • In addition, the User undertakes to provide Bike2Shop without delay with all the information necessary for the examination of complaints and its defense in the event of a complaint by third parties.

Content deletion, restriction and blocking of User accounts

  1. Bike2Shop reserves the right to terminate the contract without notice, in the event of violation of the legal provisions, the rights of third parties and
  • to warn the User,
  • to delete content from this User,
  • to limit the use of the Site for the User,
  • to temporarily or permanently exclude the User from the use of the Site (blocking),
  • take any other necessary or useful legal action (such as filing a criminal complaint).
  1. These measures may be taken, even if this is not required by applicable law or regulation, at the sole discretion of Bike2Shop.
  2. As soon as a User has been blocked, that User is prohibited from logging in with another user account or using the Services from any other user account.
  3. The agreements already concluded between a User and Vendors are not affected by a restriction or blocking of this User.

User Responsibility

  1. The User is responsible for all activities that are carried out from his user account, unless he can demonstrate an abuse of his user account not resulting from a breach of his duty of care.

Liability limitations of Bike2Shop

  1. Bike2Shop is liable without limitation for damage caused by Bike2Shop, its employees and auxiliaries, intentionally or through gross negligence, in the event of fraudulent concealment as well as for any bodily injury.
  2. Bike2Shop is only liable for other damages if there is a breach of an obligation, the performance of which is essential for the proper performance of the contract and of which the contractual partner can regularly rely. Liability for damages is limited to direct and foreseeable damages in the performance of the contract. Any liability of Bike2Shop going beyond the above is excluded.
  3. Since Bike2Shop is not involved in the contractual relationship between the Buyer and the Vendor, Bike2Shop does not assume any guarantee and / or responsibility for obligations or damages resulting from the sale of products or services, payment conditions or delivery terms.
  4. Bike2Shop is subject to an obligation of means and does not guarantee Users any operational availability of the Services.

Duration and termination of the registration period

  1. Users can unregister from the Platform at any time. To this end, termination by email is sufficient.
  2. Bike2Shop has the right to unregister Users from the Platform at any time. To this end, termination by email is sufficient.
  3. However, the contracts concluded between the Buyer and the Vendor are not affected by the fact that the Buyer is unregistering from the Platform.

Intellectual property

  1. All texts, comments, works, illustrations, works and images reproduced or represented on the Site are strictly reserved under copyright law as well as intellectual property, for the entire duration of protection of these rights and for the whole world. Any reproduction or representation, in whole or in part, of the Site or of all or part of the elements found on the Site is strictly prohibited.
  2. The corporate names, brands and distinctive signs reproduced on the Site are protected under trademark law. Reproduction or representation of all or part of one of the aforementioned signs is strictly prohibited and must be subject to the prior written authorization of the trademark owner.

Protection of personal data

  1. Personal data of Users is processed by Bike2Shop, Vendors and Delivery agents, as well as their partners in the event of a purchase order by a Buyer. The processing of Users' personal data is essential for accessing and using the Services. To find out more about the processing of your personal data and your rights relating thereto, Bike2Shop invites you to consult the privacy policy of the Bike2Shop Platform available on the Site.

Security

  1. The site is subject to a security system: Bike2Shop has adopted the SSL encryption process but has also strengthened all of the scrambling and encryption processes to protect all sensitive data related to payment methods as effectively as possible used on the Site.

Modification of the User Terms

  1. Bike2Shop reserves the right to modify the User Terms unilaterally and at any time, in particular in the event of modifications to the Services.

Partial nullity

  1. If one or more stipulations of the User Terms are held to be invalid or declared as such in application of a law, a regulation or a final decision of a competent court, the other stipulations will retain all their force and all their scope.

Complaints

  1. At any time, the Buyer can contact the Vendor, send any request or complaint relating to Purchases using the messaging tool made available as part of the Service, in particular to assert its guarantees.
  2. Disputes are settled directly between the Buyer and the Vendor, if necessary using the messaging tool made available to them in the context of the Service, without any liability from Bike2Shop including in the event of the messaging tool being unavailable.
  3. The Buyer and the Vendor will make their best efforts to reach an amicable resolution of the dispute.
  4. When the complaints are justified, the declared dispute may give rise either to the return of the product having been the subject of the Purchase, or to a refund.

Online Dispute Resolution Platform

  1. In accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and business professionals of the European Union.
  2. This platform is accessible under the following link: https://webgate.ec.europa.eu/odr/

Applicable law - Dispute resolution

  1. The General Conditions are governed by the law of the Grand Duchy of Luxembourg. Any litigation relating to their interpretation and / or their execution falls within the competence of the Court of the registered office of Bike2Shop, unless imperative legal provisions grant to the Purchaser the competence of other jurisdictions.
  2. For any delivery outside Luxembourg, the application of the law of the Grand Duchy of Luxembourg does not preclude mandatory legal provisions, more favorable to consumers who may exist in another country member of the European Union.