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Terms & Conditions

1        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 sets up an online sales platform (hereinafter the "Platform") with multiple online shops, including this online shop (hereinafter the "Site"), allowing Buyers, after registration, to get in touch with Sellers, also registered on the Platform, for the purpose of making Purchases of products and services (hereinafter the "Service (s)").

3)      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.

2        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 and Sellers, as part of the Service, technological tools used for Purchases from Sellers.

2)      These User Terms shall prevail over the general conditions of sale or any other contract of Sellers 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 when registering on the Site.

4)      The Sellers and Bike2Shop may conclude agreements derogating from these User Terms. To be valid, these agreements must be written and accepted by Bike2Shop.

5)      Bike2Shop reserves the right to modify these User Terms. Any subsequent modification will take effect immediately for online products or services upon notification to the Buyer and their publication on the Site. They will not apply for transactions in progress at the time of their entry into force.

3        Other definitions

1)      The term "Purchases" designates goods already manufactured or not yet produced, but the order of which has been placed by the Buyer, as well as the services, excluding delivery services, that can be purchased by Buyers under the conditions described in these User Terms.

2)      The term “Buyer (s)” designates the major users of the Bike2Shop Platform who buy products or services from Sellers on it.

3)      The term “General Conditions” designates these User Terms, Sellers’ membership agreements as well as the Privacy Policy of the Bike2Shop Platform taken collectively.

4)      The term "Product Presentation" should be understood as the presentation of products or services by Sellers, which can be directly purchased or reserved by Buyers on Bike2Shop.

5)      The term "Price" means the total price of the product or service 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.

6)      The term "User (s)" refers to Sellers, Buyers and ordinary visitors to the Site.

7)      The term "Seller (s)" refers to businesses that offer products or services through Bike2Shop.

8)      Bike2Shop offers Sellers and Buyers the following method of sale and delivery of products:

  1. By "Click & Collect", understood as the purchase of a product without delivery and having to be taken away by the Buyer from a pickup store.

4        Access to Services

1)      To access the Services of the Bike2Shop Platform, the Buyer must be a major natural person or a legal person.

2)      To access the Services of the Bike2Shop Platform, the Buyer must register on the Site and create a User account under the following conditions:

  1. To register, the Buyer must open a User account, provide its contact details, an e-mail address and a password, and must accept these User Terms as well as the Privacy Policy.
  2. After sending the online form, the Buyer will receive an email at the address provided, with confirmation that he can access the Bike2Shop Platform.
  3. When ordering, the Buyer registered in accordance with the process described above must again 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.

3)      Each User agrees to provide accurate, up-to-date and complete information when registering and registering on the Bike2Shop Platform.

4)      Each User undertakes to keep their data accurate and up to date on a continuous basis.

5)      Each User undertakes to keep secret the password he has chosen, received and modified.

6)      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.

7)      Registration for the Bike2Shop Platform is free for Buyers.

5        Description of the General Services for Users of the Bike2Shop Platform

1)      Bike2Shop offers Users registered on the Site an electronic commerce platform that can be used in the following way:

  1. Buyers can search for products or services offered by Sellers on the Bike2Shop Platform and make Purchases in accordance with these directly with the Seller.
  2. Sellers may offer their products or services locally or internationally.

2)      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 Sellers. Bike2Shop makes no declaration of intention in the context of contractual negotiations between the Buyer and the Seller.

3)      Bike2Shop offers each User the possibility of using the Site as a Buyer.

4)      Bike2Shop offers Sellers the technical possibility of publishing content in the form of words, images and animated images on the Site.

5)      Bike2Shop transmits orders made by Buyers to Sellers on the Site.

6)      Orders are initially in status “pending” or “processing”. Once the order is ready for pickup, the Seller changes the order status to “complete” and Bike2Shop, on behalf of the Seller, sends a message to the Buyer indicating that the Purchases are ready to be withdrawn at the pickup store agreed with the Seller.

7)      Bike2Shop sends the Seller 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 Purchases, their descriptions, the Price to be paid by the Buyer, the amount of value added tax, shipping costs and method of payment.

8)      The summary email also contains an order number.

9)      The order number is used by the person who collects the product purchased to identify the package to be picked up and authorize it for collection.

10)   The order number is used by the Buyer of a service to provide proof of authorization to receive or use the service.

11)   The sale will only be considered final after this order confirmation has been made available to the Buyer and only after the Seller has received all of the Price.

12)   Bike2Shop 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.

6        Description of the Special Services offered to the Seller

1)      Bike2Shop offers Sellers the possibility of presenting their products or services on the Site and offering them for sale.

2)      Bike2Shop also offers Sellers the possibility of linking their merchandise management system to the Bike2Shop Platform, allowing them, on the one hand, to more easily display their offers on the Site, and on the other hand, to display the inventory of products and services available to Buyers.

3)      Bike2Shop ensures that Sellers are able to display specific information on the Site (such as legal information about the Seller and / or the products or services offered, offer an option to cancel the order or the sale, insert an online dispute resolution procedure); however, each Seller is responsible for complying with the law of the information which he chooses to publish and which must in no way contradict the General Conditions.

4)      Bike2Shop reserves the right to limit the order options that the Seller offers to the Buyer in terms of products and services.

5)      In addition to these User Terms, the Sellers’ membership agreements also apply to Sellers.

7        Description of the Special Services offered to the Buyer

1)      Bike2Shop provides Buyers with an electronic commerce platform.

2)      Bike2Shop offers Buyers the possibility of consulting the availability of products or services offered by Sellers.

3)      Bike2Shop offers Buyers the possibility of ordering products or services from Sellers on the Site.

4)      Bike2Shop makes the following Purchasing delivery options available to Buyers:

  1. The Buyer can withdraw the Purchases from the Seller using the "Click & Collect" procedure from a pickup store agreed with the Seller. The Buyer, the recipient of the Purchase or the person coming to collect the Purchase must keep the email with the order number available in digital or printed form to prove to the Seller his right to withdraw or receive the Purchase.

5)      With regard to the orders placed on the Site by the Buyer from the Seller, the type, time and place of the service to be provided are exclusively governed by the agreement concluded between the Buyer and the Seller provided that they do not contravene the General Conditions as defined herein.

8        Seller's obligations

1)      The Seller undertakes to act in accordance with its legal obligations, the obligations described in the General Conditions and, in particular, to comply with the obligations formulated in these User Terms.

2)      The Seller 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 Seller undertakes to provide the products or services to the Buyers as soon as their orders are paid.

4)      The Seller undertakes to provide a complete and exact description of the products or services which it offers on Bike2Shop. This description must reflect the essential characteristics of the products or services and may be accompanied by images allowing the Purchaser to represent the products or services in a fair and sincere manner.

5)      The Seller undertakes to inform the Buyer in the event of an effective cancellation of a Purchase or of the exercise of the right of withdrawal and to immediately inform Bike2Shop, if the cancellation or the right of withdrawal were not performed on the Bike2Shop Platform.

6)      The Seller agrees not to invoice the Buyer for other fees, commissions or to demand any other payment in addition to the Price indicated on the Site.

7)      The Seller is bound by a duty of care regarding the identity of the Buyer and the information he provides. Bike2Shop does not guarantee the accuracy of the information provided during the registration of Users, because the identification of people on the Internet is only possible to a limited extent. Therefore, despite all the efforts made by Bike2Shop, it cannot be excluded that a User account contains erroneous data.

8)      The Seller undertakes not to use in any case the data provided by the Purchaser within the framework of the Bike2Shop Platform, such as his name, address and e-mail address, for purposes other than the provision of the Service. In particular, the Seller refrains from using the aforementioned data for advertising purposes, unless the Buyer expressly agrees. The Seller also undertakes to comply with the legal provisions applicable in terms of data protection defined in the General Conditions available on the Site.

9        Obligations of the Buyer

1)      The Buyer agrees to act in accordance with the obligations defined in these User Terms and to comply with the Seller's general conditions of sale during its Purchases.

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 Purchaser who has chosen the "Click and Collect" procedure undertakes to withdraw Purchases by their own means within a maximum of three (3) weeks following payment of the order, unless otherwise stated by the Seller.

4)      If, the Buyer does not withdraw the Purchase within the aforementioned period, the Purchase is terminated at the end of three (3) weeks following the payment of the order, the Seller recovers ownership of the products or services and keep 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 Seller in connection with the order of a Purchase.

10   Order management

1)      Acceptance of the order by the Seller gives rise to a sales contract between the Seller and the Buyer, the purpose of which is:

  1. the purchase with transfer of ownership of one or more products that the Seller is required to give to the Buyer, with the obligation for the Buyer to pay the agreed Price to the Seller and to accept delivery; or
  2. the purchase of a service that the Seller must perform, obligation for the Buyer to pay the agreed Price to the Seller.

2)      The Buyer is required to pay the Price at the conclusion of the contract and before any delivery of the product or service.

3)      Bike2shop, on behalf of the Seller, undertakes to give the Buyer an invoice for the price of the order.

4)      The Buyer undertakes to immediately settle the claim due against the Seller.

5)      The Seller bears the risk of the uncollectability of the Purchaser's debts.

11   Cancellation of an order

1)      In case of cancellation of an order, and provided that such a possibility is offered to the Buyer, the relevant legal provisions apply and the contract between the Buyer and the Seller will be canceled retroactively.

2)      The Buyer cannot be reimbursed for delivery costs.

12   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 Seller, exchanged or repaired at the option of the Buyer, unless the repair or exchange is impossible or involves disproportionate costs for the Seller. The Buyer can also decide to keep the defective product and request a price reduction from the Seller, unless the Seller offers to exchange or repair the good.

2)      In this context, the products must be returned to the Seller or the pickup store in case of a Click-and-Collect delivery, 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 Seller.

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.

13   Vendor Rating

1)      Bike2Shop allows Buyers, when technically possible, to assess Sellers' performance by means of a rating system after the execution of the contract 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:

  1. to claim inaccurate facts,
  2. to be evaluated or to organize such an evaluation by a third party, or
  3. to allow facts or circumstances unrelated to the conclusion or performance of the contract to be mentioned in the assessments.

5)      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.

14   Prohibited Uses of Services

1)      It is up to the User to ensure that his behavior on the Bike2Shop Platform complies with applicable laws and the General Conditions. Users are warned that the publication, distribution, sale or simple provision of the goods, services, content and activities described below, violate applicable law, the rights of third parties, the General Conditions or the interest of Bike2Shop and are therefore strictly prohibited on the Bike2Shop Platform:

  1. The sale of goods the sale of which is prohibited by law, in particular stolen goods.
  2. The distribution of products whose sale is prohibited to minors, if the Seller does not provide or cannot provide a sufficient age verification procedure validated beforehand by Bike2Shop,
  3. The sale of pornographic articles;
  4. The publication or dissemination of insults, false statements, abusive, defamatory or slanderous allegations,
  5. Violent, racist publications or content calling for the commission of offenses or any other publication or content punishable under criminal law,
  6. Content and representation of a sexual nature or prohibited to minors,
  7. The reproduction, representation and public disclosure of works protected by copyright without having the related rights,
  8. The publication of images without the consent of the persons concerned,
  9. The publication of any content infringing the anonymity of Users or their right to remain anonymous,
  10. 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,
  11. The publication of personal data of third parties,
  12. Use of the Site for political or religious purposes,
  13. 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,
  14. The use of the Site causing disruption, interruption or excessive load of Bike2Shop Services,
  15. Using the account, User name or password of another User without their authorization,
  16. The use of technical and logical means having the effect of impairing the proper functioning of the Bike2Shop Platform,
  17. Blocking, deleting or modifying the content generated by Bike2Shop,
  18. Use of the Bike2Shop Services contrary to applicable laws and regulations.

1)      The examples given in the above list are not exhaustive.

2)      The consequences of the violation of legal provisions, third party rights or General Conditions or the interest of Bike2Shop are governed by the articles below (15, 16 and 17).

3)      Exclusion of liability of Bike2Shop in the event of prohibited use of the Services.

  1. 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 Bike2Shop Platform, as described in a non-exhaustive manner in the articles above.
  2. If necessary, the User alone and / or will reimburse at first request if Bike2Shop must make it in advance, all the costs necessary for the advice and legal defense of Bike2Shop.
  3. 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.

15   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 or the General Conditions, and

  1. to warn the User,
  2. to delete offers or other content from this User,
  3. to limit the use of the Site for the User,
  4. to temporarily or permanently exclude the User from the use of the Site (blocking),
  5. take any other necessary or useful legal action (such as filing a criminal complaint).

2)      These measures may be taken, even if this is not required by applicable law or regulation, at the sole discretion of Bike2Shop.

3)      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.

4)      The agreements already concluded between the Users are not affected by a restriction or blocking of a User.

16   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.

17   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 Seller, 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.

18   Duration and termination of the user contract

1)      Buyers can terminate the user agreement at any time. Bike2Shop has the same right. To this end, termination by email is sufficient.

2)      However, the contracts concluded between the Buyer and the Seller from the Site until the time of termination and the corresponding processing are not affected by the termination of this user agreement.

3)      Bike2Shop and the Seller have the right to block and terminate the user contract without notice for breach of essential obligations, and in particular in the event of non-compliance by Bike2Shop or by the Seller with the General Conditions.

19   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.

20   Protection of personal data

1)      Personal data of Users is processed by Bike2Shop and Sellers, as well as their partners in the event of a Purchase 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.

21   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.

22   Modification of the General Conditions

Bike2Shop reserves the right to modify the General Conditions unilaterally and at any time, in particular in the event of modifications to the Services.

Bike2Shop will then inform the Buyer on the Site and / or by email of these modifications and the User will then have a period of one (1) month, from the receipt of this notification, to notify their wish to terminate his subscription to the Bike2Shop platform, if he does not wish to be bound by the modified General Conditions. In the absence of such notification within this period, the Buyer will have validly accepted the modification of the General Conditions.

23   Partial nullity

1)      If one or more stipulations of the General Conditions 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.

24   Complaints

1)      At any time, the Buyer can contact the Seller, 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 Seller, if necessary using the messaging tool made available to them on the Service, without any liability from Bike2Shop including in the event of the messaging tool being unavailable.

3)      The Buyer and the Seller 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.

25   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/

26   Right to retract

1)      In accordance with the legal provisions in force, as part of a purchase made from a professional Seller, the Buyer has a period of fourteen (14) days from receipt of the product (s) ordered or from the day of conclusion of the contract with regard to service contracts to exercise, with said Seller, 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 product (s) purchased will be reimbursed, the return costs remaining the responsibility of the Buyer, unless otherwise indicated of the Seller.

3)      Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) in a packaging identical to that used during the shipment allowing them to be re-marketed.

4)      Returns must also be accompanied by proof of purchase and a copy of the invoice or purchase delivery slip for optimized management.

5)      The Buyer exercises his right of withdrawal directly from the Seller concerned using

  1. of the standard withdrawal form to be sent to the Seller at the address that he will indicate to him during their exchanges, via the messaging tool made available as part of the Service available on the Site.
  2. or by any means and in particular by email expressing the Buyer's desire to retract without any ambiguity, and mentioning the order concerned by this withdrawal using the messaging tool made available to them within the framework of the Service.
  3. Once the form or declaration of withdrawal has been sent to the Seller, the Buyer must return the Product (s) concerned to the Seller within a reasonable time and, at the latest, within fourteen (14) days of the decision of the Buyer to retract being communicated to the Seller.

6)      The Buyer returns the Product (s) to the same pickup store where he initially collected them. If applicable, the Seller will arrange return shipping from the pickup store and inform Bike2Shop about return costs.

7)      Bike2Shop, on behalf of the Seller, will reimburse the amounts paid at the latest within fourteen (14) days from the date on which the right was exercised with the Seller, using the same means of payment as that of the purchase order. This reimbursement date may be postponed until the product is recovered.

27   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.