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 EBKE Europe b.v., having its registered office in Antwerp, 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: EBKE Europe b.v., Filip Williotstraat 9, 2600 Antwerp, 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 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.
Delivery
The delivery period indicated by DHL, FedEx or any other forwarder shall be based on the circumstances applicable to EBKE at the time the Agreement is entered into and, to the extent dependent on performance by third parties, on the information that those third parties provided to EBKE. All delivery dates are estimates only.
Except as otherwise provided herein, the delivery period shall commence on the date of EBKE’s written order confirmation. Provided, however, if, in order to execute the order, EBKE requires additional information from the Client, the delivery period shall commence on the date on which EBKE disposes of all the necessary information or resources, but not earlier than the date of the written Order confirmation.
The client shall not be entitled to claim any compensation in the event of an overdue delivery period. Neither shall the client be entitled to dissolve the agreement in such an event, unless the client is considered to be a consumer. See article 8 for additional details. Consumers have the right to dissolve the agreement after they have requested to deliver within a reasonable timeframe or such timeframe as provided by law and EBKE was not able to deliver within that reasonable period or timeframe as provided by law. EBKE shall at all times be entitled to deliver in part-consignments.
Return policy and Right of Withdrawal
If the client is a consumer, after buying a product in an EBKE online store, the product can be returned in its original box, within 14 days. See the FAQ for the online return form, and scheduling a pick up of the Product.
If You meet the definition of a “Consumer”, You have the right to withdraw from Your purchase and revoke Your order without giving any reason and without extra costs.
The withdrawal period shall expire after 14 (fourteen) calendar days from the day on which You or a third party other than the carrier indicated by You acquires physical possession of the Products. When Products are delivered in multiple lots or pieces, the withdrawal period shall expire after 14 (fourteen) calendar days from the day on which You acquire the physical possession of the last lot or piece.
Please note that You cannot exercise a right to withdraw in case of Products made to the Consumer’s specifications or clearly personalized.
You shall send back the Products in the original box or the box provided by EBKE or hand them over in person to EBKE, without undue delay and in any event not later than 14 (fourteen) calendar days from the day on which You communicate Your withdrawal from this contract to Us. The deadline is met if You send back the Products before the period of 14 (fourteen) calendar days has expired.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Products. Installing the pedals and/or adjusting the handlebar and/or adjusting the saddle is likely to create small claws. To the extent that these actions are not necessary to establish the nature, characteristics and functioning of the bike, You are liable towards EBKE for any diminished value caused by these actions.
In case You withdraw, EBKE can refuse repayment as long as EBKE has not timely received the returned goods or until You have proved You have timely returned the Products, depending on which event occurs first.
EBKE shall reimburse You the purchase amount of the Products including any shipping costs charged with regard to the delivery of the Products no later than 14 (fourteen) calendar days starting from the day We received Your returned Products.
EBKE shall use the same means of payment as You used for the initial transaction, unless You have expressly agreed otherwise and provided that You do not incur any fees as a result of such reimbursement. EBKE shall not, however, reimburse the supplementary costs, if You have expressly opted for a type of delivery other than the least expensive type of standard delivery offered by EBKE.
You shall handle the Order as well as the packaging with the utmost care during the first 14 (fourteen) calendar days after delivery. As a Consumer You will be liable for any diminished value of the goods resulting from the handling of the Products other than what is necessary to establish their nature, characteristics and functioning. In order to establish the nature, characteristics and functioning of the Products, You should only handle and inspect the Product in the same manner as You would be allowed to do in a shop.
In order to exercise Your right to withdraw, You can fill out the form on the “contact us” page on the website of EBKE or make a similar unequivocal statement and send it to the email as indicated in Section 2.3 above. We will send You an acknowledgement of Your withdrawal.
Delivery and risk
If and to the extent that parties have not explicitly agreed in writing on the (costs of) delivery of the Products and the transfer of risk, the delivery shall be made at EBKE’s premises, and the risk of the Products and the packing thereof shall be transferred to the Client at the moment the Products are ready for dispatch, while the dispatch shall be effected for the Client’s account and risk. In the event the Client is considered to be a Consumer, the foregoing in article 9.1 shall not apply and the moment of delivery and transfer of risk is the moment that the Consumer has taken receipt of the Products.
If the Client should fail to collect the Products it has ordered or should fail to do so promptly, it shall be in default without requiring a written notice of default. In such event EBKE shall be entitled to store the Products for the Client’s account and risk and to sell these to a third party. The Client shall remain liable for the purchase price plus the interest and costs (by way of compensation) after the deduction of the net proceeds of such sale to a third party, if any.
Retention of title
Irrespective of the actual delivery date, the title to the Products shall not be transferred to the Client until it has paid EBKE the sum outstanding in respect of the Products in full, including the purchase price, any surcharges, interest, taxes and costs payable pursuant to the Terms or an Agreement and any services rendered or to be rendered in respect of the Products.
The Client shall not be authorized to rent, let or make the Products available in use to third parties, to pledge them or to otherwise encumber them in favor of third parties until EBKE has transferred the title of those Products to the Client.
If and as long as the title to the Products has not yet been transferred to the Client, the Client shall inform EBKE forthwith in writing in the event that the Products are seized, attached, garnished or if any other claim should be made with regard to the Products.
In the event of attachment, seizure, garnishment, bankruptcy, involuntary liquidation or a (provisional) moratorium of payments, the Client shall immediately inform the administrator or liquidator, the bailiff or the process-server serving the seizure, garnishment or attachment, of EBKE’s rights of title.
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.
Warranty
EBKE warrants each bicycle frame against defects in workmanship and materials for two (2) years from the date of delivery. Any parts or accessories are warranted for a period of two (2) years from the date of delivery. A different warranty period applies for outlet sales (being a one (1) year warranty period), without prejudice to the other terms and conditions of article 12. This different warranty period will be stated during the check out process for Your purchase.
This warranty referred to in article 12.1 is expressly limited to the replacement of a defective frame, or defective parts and is the sole remedy of the warranty. Notwithstanding local statutory rights, a repair/replacement under a warranty does not extend the warranty period. This warranty applies to the original owner and is transferable for the remaining period in the event of a new owner having purchased the bike.
Claims under the warranty must be made directly to Your point of purchase in Your Country. Proof of the purchase is required. We advise you to keep your box, since replacement boxes are not covered by the warranty. If you need a replacement box, we’ll send you one for an additional fee.
This warranty does not cover normal wear and tear, improper assembly, or follow-up maintenance including damage resulting from incorrectly replacing parts, consumable parts such as tires, or unauthorized installation of parts or accessories. The warranty does not apply to damage or failure due to accident, misuse, abuse, neglect, or failing to follow instructions. Any unauthorized modification of the frame or components shall void this warranty. The warranty shall not apply in case of a copy, modification, reverse engineering, decompiling, disassembly of or otherwise tampering with the product, its components and/or the Services. EBKE is not responsible for incidental or consequential damages. This warranty does not affect the statutory rights of the Consumer.
The incorporated battery of the product, battery replacements and battery accessories are designed to retain a minimum of 70% of their initial capacity after 500 charge cycles within the warranty period as described in article 12.1 of these terms. This means that, within the warranty period, you should be able to charge five hundred times from 0% to 100% before the initial capacity falls below 70%.
If the incorporated battery, front motor or ECU of Your bicycle requires warranty repair, EBKE will repair the unit, or replace it with a new, reconditioned or remanufactured part at the sole discretion of EBKE. The warranty replacement may not restore the bike to an “as new” condition, but when replacing a battery, EBKE will ensure that the energy capacity of the replacement battery is at least equal to that of the original battery before the failure occurred while taking into consideration other factors, including the age and mileage of the bike.
The terms of this warranty shall not apply if You bring Your bike to another country than the country where You bought the bike, unless EBKE provides Services in the country of destination or if You take care of any shipping costs involved.
To obtain warranty Services, You must notify EBKE within the applicable warranty period, and deliver the bike at Your expense, during regular business hours to a EBKE service hub or EBKE certified workshop in Your country. The location of the nearest service location may be obtained by visiting EBKE’s website for Your region. The location of EBKE service hubs and EBKE certified workshops is subject to change at any time. The updated list of service locations is and will remain published on EBKE’s website for Your region. When You contact EBKE, please be prepared to provide the bike’s frame number, bike ID, and a description of the defect. By creating a (warranty) service appointment, You consent to EBKE using bike data to diagnose the defect remotely and updating the bike to the latest firmware.
If You don’t comply with recalls done by EBKE on parts of Your bicycle, any damages that arise as a result thereof, shall be for Your account.
EBKE must be allowed a reasonable time for completion of the repair and/or Services. Circumstances as for instance unavailability of parts and/or components, may influence the time for completion. Upon notification by EBKE of the completion of the bike repairs and/or service, you are responsible to pick up your Bicycle, at your own expense, or reasonable daily storage fees will be assessed.
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.
