Terms and conditions

In these general terms and conditions ("Terms"), the following definitions shall apply:

Agreement: any and every agreement entered into in a signed writing between EBKE and a client including these Terms, and any amendment thereto.
Client, You or Your: all natural or legal persons with whom EBKE enters into an Agreement or with whom EBKE is negotiating about the conclusion of an Agreement;
Consumer: the Client being a natural person who acts for purposes outside a business to whom EBKE sells and/or delivers products and to whom EBKE provides Services;
Order: any order issued by a Client to EBKE in any form whatsoever;
Privacy Policy: the statement to be consulted by the client on the website of EBKE regarding the processing of personal data, which may be amended from time to time and which is incorporated herein by reference.
Products: any and all goods which are the subject of an agreement;
Services: all services provided by EBKE to the client.
EBKE or We or Us: The private company with limited liability under Belgian law United Group Belgium b.v., having its registered office in Berchem, Belgium..

Applicability

The present Terms shall comprise a part of all agreements and shall be applicable to all Product sales and related services, actions and legal transactions between EBKE as a seller and a client.

Applicability of any general terms and conditions applied by client is explicitly dismissed by EBKE.
The contact information relevant to the Client that relate to the identity of EBKE for Sales and Services purchased on our Website or in our EBKE offices: United Group Belgium b.v., Filip Williotstraat 9, 2600 Berchem, Belgium. Tel. +32 78 480406, E-mail: sales@ebke.bike, Chamber of Commerce: 0540-716-008.

Quotations, Agreements, Product descriptions

A quotation or (price) offer shall not be binding on EBKE and shall qualify only as an invitation to the Client to place an Order.

An Agreement shall only come into effect to the extent EBKE accepts an Order from the client in writing or if EBKE executes an order or other writing. If at the request of client EBKE carries out any work for client before an agreement is effective, the client shall remunerate EBKE therefore in accordance with EBKE's customary rates payable upon receipt of an invoice.

After acceptance of an Order, EBKE shall at all times be entitled to cancel such Order prior to delivery without liability and without stating its reasons after acceptance of such order, in which case EBKE shall not be obliged to refund or pay any more than advance payments already made by client, if any.

EBKE shall observe due care in informing the client of the figures, measurements, weights, features other information applicable to the products, but cannot warrant that these shall be free of deviations. Any specifications or samples demonstrated or made available shall be no more than indications of the products concerned. If the client should be able to demonstrate that the Products supplied by EBKE materially deviate from the information provided by EBKE or from the samples, the Client shall have the right to terminate the agreement, within a reasonable time after delivery of the Product, to the extent however that such a dissolution should be necessary in reason and without EBKE being liable for damages of any kind.

Prices
All EBKE's prices on this website are in Euro unless expressly stated otherwise. Insofar as prices are stated in other currency than Euro, then such statement of price is deemed to be based on the EURO equivalent of such price at the date that the price statement was made. Prices are exclusive of value added tax or any other sales tax. Costs of packing and dispatch, import and export duties and taxes and any other surcharges, levies or taxes imposed or charged in respect of the Products and the transportation thereof shall be for the Client's account.

Prior to delivery, any change of factors having an impact on the prices of EBKE, including but not limited to rates of third parties, currency exchange rates, insurance rates, import and export duties and any other charges payable upon importation or exportation, freight charges and other charges, levies or taxes, may be charged on to Client by EBKE.

Inspection and complaints

The client shall be obliged to carefully inspect the Products immediately upon arrival at their destination or to have these examined upon receipt by the client itself or any third party acting at its instructions, whichever is earlier. EBKE must be informed in writing to sales@ebke.bike of any complaints in respect of defects to the Products or any discrepancies in quantity, weight or quality between the Products supplied and the specification thereof in the relevant order confirmation or invoice no later than within five (5) calendar days after the receipt of the Products. The notification of the Client must at least give a clear and precise description of the complaints in respect of defects invoked by the Client, but preferably contains pictures of the defect The Client must notify EBKE of defects that could not in reason have been discovered within the above mentioned period in writing immediately after discovery, but in any case no later than within 14 (fourteen) calendar days of the receipt of the Products. Notification of cosmetic damages can only be accepted by EBKE before use of the Product. Should the Client fail to inform EBKE within the above mentioned term, its rights to exercise any of its rights with regard to such irregularity or defect have lapsed.

When the Product is assembled upon arrival at the delivery address by a EBKE certified Product assembler, the Client shall be obliged to carefully inspect the assembled Products before accepting its arrival by signing the delivery statement of the assembler.

The Client shall be obliged to immediately cease the use of the Products concerned after discovering any irregularity or defect, under penalty of lapse of the right to exercise any of its rights with regard to such irregularity or defect. The Client shall provide any cooperation EBKE may require in order to investigate the complaint.

The Client shall not be entitled to return Products to EBKE before EBKE has agreed in writing to such return. The return shipping is free in countries where our EBKE online stores are located. The Products shall remain at risk of the Client until receipt by EBKE of such Products.

Other obligations and responsibility of the Client:

The Client shall at all times make any and all information necessary for the execution of EBKE's activities available timely and shall warrant the accuracy and comprehensiveness thereof.

The Client shall not be entitled to remove or make invisible any trademarks or identifying marks on the Products, any documents accompanying and/or regarding the Products.

The Client shall not copy, modify, reverse engineer, decompile, disassemble or otherwise tamper with the Product, its components and/or the Services.

Force majeure

If EBKE is unable to fulfil any of its obligations towards Client due to force majeure, these obligations shall be suspended during the force majeure situation.

Provided however, if a force majeure situation has lasted for one (1) calendar month, both parties have the right to dissolve the Agreement in writing entirely or in part. In the event of force majeure of EBKE, Client is not entitled to any compensation or damages, not even if EBKE would enjoy any benefit because of such force majeure.

Furthermore any circumstance beyond the control of EBKE hindering the fulfilment of its obligations towards Client entirely or in part or because of which EBKE cannot be expected in all fairness to fulfill its obligations, regardless whether such circumstance could have been foreseen at the time when the Agreement was concluded. Such circumstances include but are not limited to war, fires, acts of terrorism, strikes and lockouts, the outbreak and/or spread of viruses and/or diseases, stagnation or other production problems suffered by EBKE or its suppliers, or problems in the transportation provided by EBKE or any third parties, any government measures, as well as the inability to obtain any permit or license from any governmental body.

Parties shall notify each other as soon as possible of any (possible) force majeure situation.

Warranty claims products

EBKE warrants only those features, qualities of its Products that are explicitly agreed in writing. All other specific or implied warranties are – to extent allowed under applicable mandatory law – hereby expressly excluded.

If EBKE should deliver Products to the Client which EBKE has obtained from its own suppliers, EBKE shall at no time be obliged to honor a warranty or liability in respect of the Client which is more far-reaching than that which EBKE can claim from its own supplier.

With respect to warranty claims under article 12, if, in EBKE's opinion, the Client has been able to prove that any Products supplied by EBKE to the Client do not function properly, EBKE may choose, at its sole discretion, between:

Maintenance and updates

In order to maintain and improve the safety and functionalities of our Services and Product, from time to time it may become necessary to update or alter our Products and/or Services, e.g. through software or firmware updates. This could change the functionalities. The updates or alterations can be executed, for example, in the following ways:

downloaded and installed by the Client on the Client's mobile device, or have the mobile device do the updates automatically. The mobile devices updates the Product.

updates can be installed by EBKE or its Certified Specialists when Products are being assembled, brought in for repairs and/or check ups;

important updates will be uploaded and installed directly to the Product by EBKE.

EBKE might have to temporarily suspend its Services, e.g. because safety issues need to be examined and/or system maintenance and system upgrades need to be performed.

EBKE might have to suspend or discontinue the support of Your mobile device's or Product's operating software, e.g. because the mobile device's software is getting outdated. Without prior notice, Services can become unavailable.

EBKE does not accept liability for the situations described in article 17.1., 17.2, or 17.3, or any combination thereof, unless it is obligatory under local laws.

In case You refrain from downloading and installing the updates described iin article 17.1, and/or prevent any of these updates or alterations taking effect Your limited warranty will become null and void.

Transfer of rights and obligations

EBKE is allowed to transfer to third parties the rights and obligations described in any Agreement with Client. If obligations of EBKE are transferred, EBKE must inform Client aforehand and Client shall be entitled to terminate the Agreement by the date on which the transfer shall take place. In such case, EBKE shall not be liable for any damages. Except as provided in the Agreement and these Terms, the Client cannot transfer to third parties any rights or obligations from any Agreement unless after consent thereto by EBKE. Any attempted assignment in violation of this Section shall be null and void. The Agreement shall be binding on any permitted successor or permitted assignee.

Privacy

We care about Your privacy. In the performance of this agreement, we process and safeguard Your personal data according to our Our Privacy Policy.Conversion

If and insofar as any provision of these Terms cannot be invoked due to any imperative rule of law, the unfair character of these Terms or grounds of reasonableness and fairness, the provision concerned, as far as contents and essence are concerned, shall in all events have a corresponding meaning to such an extent that the provision concerned may indeed be rightfully invoked.

Applicable law, competent court

The law of Sweden shall be applicable to the present Terms and to all other Agreements. The applicability of the Uniform Law on the International Sale of Movable Property, the Uniform Law on the Formation of International Contracts for the Sale of Goods as well as the Vienna Convention on the Sale of goods is excluded. In favor of consumers, more favorable mandatory national law provisions remain unaffected.

Any disputes arising from the Agreement or these Terms shall be brought exclusively before the competent court in Amsterdam.

Severability

If any term or provision of the Agreement, including in these Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

Amendment of Terms

Unless otherwise provided herein, these Terms may be amended on the part of EBKE by notification to Client. Except as otherwise provided herein or therein, the amended Terms shall apply to all new Agreements as of the day of notification as well as to all current Agreements if and insofar as these are to be carried out after the day of notification. With respect to any websites referred to in these Terms we may revise and update such sites from time to time in our sole discretion. Unless otherwise provided in such websites, all changes are effective immediately when we post them, and apply to all access to and use of the applicable website thereafter. Unless otherwise provided in the website, Your continued use of the website following the posting of revised terms means that You accept and agree to the changes. You are expected to check applicable websites from time to time so You are aware of any changes, as they are binding on You.

Disclaimer

We take great care to provide visitors to our site with up to date, correct and comprehensive information. However, inaccuracies can still occur. EBKE is not liable for any damage resulting from visiting this site or for damages resulting from alteration, inaccuracy or omission in the information provided, including technical failures.

Neither does EBKE give any guarantees regarding the content of third party websites that are accessible through hyperlinks or other links on our website and accepts no liability with regards to these websites.

The copyright on the content, the images, the design and the programming of this website belongs to EBKE.

EBKE refers to EBKE Europe b.v. or one of its subsidiaries.