EUPEN BIKES & E-BIKES

Terms of Service

1. Applicability

1.1 The legal relationship between Eupen Bikes GmbH (Eupen Bikes), having its registered office in 4700 Eupen, registered under number BE0785.939.827 with Mr. Alain Lamberty and any person wishing to make a purchase through the Website (“Buyer”), is governed exclusively by these General Terms and Conditions of Sale. Any other general terms and conditions or version of these Terms of Sale shall only apply if approved in writing by Eupen Bikes GmbH.

1.2 If you have any questions or complaints regarding the above website (www.eupenbikes.be – the “Website”), the products offered on the Website or these General Terms and Conditions, please contact Eupen Bikes:

By sending a letter to the following address (also the address of the physical location of the online store):

Alain Lamberty
Eupen Bikes Ltd.
Industriestrasse 19
B-4700 Eupen;
by sending an e-mail to: info@eupenbikes.be;
by calling the following number: +32 (0)87 56 02 94.

1.3 Article 2 of the General Terms and Conditions contains further specific conditions.

1.4 By placing an order on the Website, the Buyer expressly acknowledges that he/she has read, approved and accepted these General Terms and Conditions. The Buyer shall tick the box provided for this purpose “I have read and accepted the General Terms and Conditions of Sale”.

1.5 Eupen Bikes reserves the right to modify these General Terms and Conditions of Sale if necessary. If the Buyer wishes to order Products via the Eupen Bikes website, he must read these General Terms and Conditions of Sale to ensure that he understands the General Terms and Conditions applicable at the time he enters into an agreement with Eupen Bikes.

2. Article, order and conclusion of the agreement

2.1 Eupen Bikes offers via its website the possibility to purchase the products offered there.

The purpose of these General Terms and Conditions is to set out the modalities of the transaction via the Website between Eupen Bikes and the Buyer – inter alia in relation to ordering, payment, delivery and cancellation.

2.2 Unless otherwise stated in writing, the offers on the Website are for information purposes only. These offers are therefore not binding. Furthermore, the offers are valid as long as the stock lasts.

2.3 The Buyer can order individual products in the desired quantity from the offers of Eupen Bikes by selecting the desired products and can view the selected products by clicking on the “Shopping Cart” or “View Shopping Cart” button.

2.4 The Buyer will then receive a list of the contents of his electronic shopping cart and can complete his order by clicking on the “Proceed to Checkout” button. Subsequently, the Buyer must enter all the required information and confirm the accuracy of this information by clicking on the button “Order with costs”.

2.5 Finally, the Customer makes the payment by specifying one of the various payment methods. Upon approval of the payment, the Buyer will receive a summary of his order and a summary sent to his e-mail address.

2.6 Each order placed is binding on the Buyer in its entirety, but Eupen Bikes is bound only from the moment an order confirmation is sent by e-mail. We recommend that you print this email and keep it. Eupen Bikes reserves the right to refuse an order. An order is considered processed and approved by Eupen Bikes when the buyer receives confirmation from Eupen Bikes via email. After the e-mail has been sent, a purchase agreement is concluded between Eupen Bikes and the Buyer.

2.7 Any inaccuracies or suspected inaccuracies in this order confirmation must be reported in writing by the Buyer, under penalty of forfeiture, within 8 days from the date of dispatch of this order confirmation to the following address: Eupen Cars & Bikes GmbH, Industriestrasse 19, 4700 Eupen, Belgium.

2.8 If Eupen Bikes is unable to deliver a Product to the Buyer, for example because the Product is no longer available or because there is an error in the price display, as stipulated in Article 5.6 of the General Terms and Conditions of Sale, Eupen Bikes will inform the Buyer of this as soon as possible by e-mail and Eupen Bikes will not process the Buyer’s order. Eupen Bikes also reserves the right to supply the Buyer with a substitute product of equal quality and price if a Product ordered is no longer in stock.

If the Buyer has already paid for the Products, Eupen Bikes will refund this amount to the Buyer as soon as possible via the same payment method that the Buyer used when placing the order.

3. Right of withdrawal, return, cancellation

3.1.“During 14 calendar days from the day following the delivery of the goods or the conclusion of the service contract, the consumer has the right to notify Eupen Bikes that he renounces the purchase, without having to give reasons or pay a penalty.”

3.2 The Buyer must notify Eupen Bikes by email that he/she wishes to return the Products, indicating the relevant order number, the Products and the amount.

In return, the Buyer will receive an email with the date on which Eupen Bikes’ courier will pick up the Products or with the indication of the distribution point to which the Buyer should deliver the Product(s). A refund will be issued upon receipt and inspection of the Products at Eupen Bikes’ premises. The Buyer shall bear all direct costs resulting from such return.

3.3 The buyer cannot invoke the right of withdrawal if :

– the delivered products have been custom-made or delivered according to the instructions and wishes of the buyer ;

– the delivered products are of a personal nature ;

– the products supplied are liable to spoil or are subject to an aging process ;

– the delivered Products are incomplete, damaged, contaminated or used by the Buyer to a significant extent.

3.4 In case of excessive return of orders by the Buyer, Eupen Bikes reserves the right to refuse future orders, also in accordance with Article 2.6 of the General Conditions of Sale.

4. Prices and payments

4.1 The prices of the Products are stated in Euro (EUR) and include VAT. Shipping costs are not included unless otherwise stated. The prices are the actual prices on the day of the offer on the website.

4.2 Eupen Bikes does its best to process payments through the Website as efficiently and securely as possible. 

4.3 The Buyer pays the price when placing the order. The Buyer fulfills his payment obligation by using the offered payment method, regardless of which payment method is offered.

Eupen Bikes does not charge any administrative or collection fees for the payment of orders, unless this is explicitly mentioned.

4.4 Payment of the full price must be made at the time of the order. The shipment by Eupen Bikes will only take place after Eupen Bikes has received the full payment.

4.5 In case of non-payment or late payment or other types of arrears, the total amount owed to Eupen Bikes is legally enforceable. This amount will also be increased by the legal annual interest of 7% of the amount originally owed.

4.6 Eupen Bikes takes all reasonable precautions to ensure that the prices of the Products are displayed correctly when they are entered into the system. However, the Website includes a large number of Products and it cannot be excluded that, despite Eupen Bikes’ reasonable efforts, a number of Products on the Website may have an incorrect price.

5. Delivery

5.1 Eupen Bikes will make every effort to ensure that the products ordered are carefully and neutrally packaged to best ensure the privacy of the buyer.

Shipping costs in Belgium vary depending on the total value of the purchase between 0 euros and 5 euros for packages weighing no more than 1.75 kilograms. For orders exceeding this total weight, Eupen Bikes will contact the buyer with the adjusted price.

All information about the delivery will be communicated to the buyer at the time of completion of his order.

If the Buyer has any questions of any kind regarding the delivery of the ordered Products, he is requested to contact the address indicated above.

5.2 The ordered products can also be picked up free of charge at a drop-off point, as described during the ordering process.

5.3 If the Buyer opts for delivery of the ordered Products, they will be delivered as soon as possible and Eupen Bikes will make all reasonable efforts to deliver within five (5) days after receipt of the confirmation email referred to in Article 2.6 of these General Terms and Conditions, unless otherwise agreed. Eupen Bikes is only obliged to deliver if full payment for the order has been received. In case Eupen Bikes is not able to deliver the Products within the specified deadlines or amounts, Eupen Bikes will inform the Buyer in writing.

5.4 Late delivery of the Products may in no case lead to the lawful cancellation of an order and/or the dissolution of the Agreement or give rise to a claim for payment of damages of any kind.

5.5 The Buyer is obliged to take receipt of the Products delivered by Eupen Bikes at the agreed time and place and must sign the delivery bill for receipt. Eupen Bikes shall deliver the Products at the latest on the first floor of the Buyer’s building.

5.6 If no one is available at the Buyer’s address to receive the delivery, a message will be left about the missed delivery, whereupon the Buyer can pick up the ordered Products at the specified post office, or contact one of Eupen Bikes’ partners to arrange a new delivery date, or be informed about where the ordered Products can be picked up.

5.7 Any visible breakage of the outer packaging or any other possible problem with the delivery must be noted on the delivery bill or notified to Eupen Bikes in writing by registered mail within thirty (30) calendar days, with a detailed description of the breakage and the preference for a refund or exchange. The affected product must also be returned to Eupen Bikes within this thirty (30) calendar day period.

Notwithstanding the foregoing, the use of the delivered Products by the Buyer constitutes an irrevocable acceptance, without prejudice to the provisions of Article 3 of these General Terms and Conditions.

5.8 The risk of loss of and damage to the Products, as well as ownership of the Products, shall pass to the Buyer upon delivery.

6. Intellectual Property

The Buyer acknowledges that Eupen Bikes, one of its affiliates or a third party involved in the production or supply of the Products shall remain the sole owner of all intellectual property rights relating to all parts of its website, the production and ordering process, the chemical composition and the technical specifications of the Products. In addition, Eupen Bikes, any of its affiliates or any third party involved in the production or supply of the Products shall be the sole owner of the name, trademark and logo under which the Products are sold. The Buyer shall not make any claim in relation to the aforementioned intellectual rights.

7. Guarantees and liability

7.1 The liability and warranties of Eupen Bikes are limited to those permitted by Belgian law. Any liability of Eupen Bikes is in any case limited to the amount of the Products ordered and paid by the Buyer.

7.2 Eupen Bikes guarantees an adequate delivery of the Products as described on the Website at the time of the conclusion of the purchase agreement. Eupen Bikes does not guarantee that a specific (medical) result will be achieved and Eupen Bikes does not guarantee the usability and/or the quality of the ordered Products as described by third parties (manufacturers, suppliers, etc.), for example in brochures, visual material or product information.

7.3 Eupen Bikes can at no time be held liable for brochures, visuals, product information or other information that Eupen Bikes reports on the Website, as it has not designed or developed this information. This information has a purely informative and illustrative character, to which the buyer can not attach any scientific or legal value. See also Article 2 of the General Terms and Conditions for the Website.

7.4 Furthermore, Eupen Bikes shall not be liable to the Buyer if :

– the Buyer has not used the Products as intended ;

– the Product in question is modified, altered or repaired (including by the manufacturer) ;

– the product in question is intentionally or negligently damaged by the buyer ;

– the Product exhibits breakage due to normal wear and tear or the expiration date has been exceeded.

7.5 The limitations of liability in article 7.3 and article 7.4 shall not apply in case of intent, fraud or gross negligence on the part of Eupen Bikes.

7.6 Eupen Bikes is not responsible for technical problems affecting the provision of information via the Website. Eupen Bikes shall not be liable to the Buyer for any changes, interruptions, defects or termination of the Website. Eupen Bikes is also not responsible for the websites to which its website refers.

8. Personal information

Eupen Bikes stores the Buyer’s personal information in accordance with the Act of 8 December 1992 on the protection of private life (“Act of 8 December 1992 on the protection of private life”) and Eupen Bikes’ privacy policy.

9. Force majeure

9.1 Neither Eupen Bikes nor the Buyer shall be liable for any delay or non-performance of the agreement if this is due to force majeure. Force majeure is understood to include: Government order, mobilization, war, epidemic, lockout, strike, demonstration, technical defects in the transmission of messages, fire, flood, explosion, shortage of raw materials or labor, change in the world economic situation, vandalism, exceptional weather conditions and any circumstances beyond the control of Eupen Bikes that disrupt the normal course of events, without Eupen Bikes being obliged to prove the unexpectedness of these circumstances.

9.2 The party claiming force majeure shall notify the other party thereof and take all reasonable measures to overcome the temporary force majeure situation.

9.3 If the Force Majeure situation continues for more than ninety (90) days, either party shall have the right to terminate this Agreement without entitling the other party to any form of compensation.

10. Transfer

10.1 Eupen Bikes may assign the Agreement or any part thereof to any person, firm or corporation.

10.2 The Buyer is not entitled to transfer the Agreement or any part thereof without the prior written consent of Eupen Bikes.

11. Miscellaneous

11.1 Any failure or delay by Eupen Bikes in the performance – or partial performance – of any provision of the Contract shall not be deemed a declaration of withdrawal from its rights under the Contract, now or in the future.

11.2 If at any time any provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable under applicable law, this shall not affect or impair the legality, validity or enforceability of the remaining provisions of the Terms and Conditions or affect or impair the Contract in any way. Eupen Bikes and the Buyer shall use all reasonable efforts and take all necessary steps to replace any unlawful, invalid or unenforceable provision of these General Terms and Conditions with a lawful, valid and enforceable provision that has the same economic meaning for the parties and, to the extent permitted by law, is related to the same original intention of the parties.

11.3 The original version of the General Conditions of Sale shall be drawn up in the Dutch language. In the event of a conflict, these General Terms and Conditions shall be interpreted and explained in accordance with the text and spirit of the Dutch version.

11.4 All notices, complaints, questions, etc. concerning or based on these General Terms and Conditions must be sent in writing to the above address. The sender is obliged to provide proof of receipt of each communication.

11.5 These General Terms and Conditions shall apply as long as Eupen Bikes sells products online through its website.

 

12. Applicable law - competent court

12.1 These General Terms and Conditions are governed by Belgian law.

12.2 In the event of any discussion or possible dispute regarding the applicability or interpretation of these General Terms and Conditions, both parties shall first seek an amicable settlement before initiating legal proceedings.

12.3 The courts having jurisdiction over disputes relating to these General Terms and Conditions shall be the courts in Brussels, unless otherwise provided by law.

12.4 The EU Commission has created an internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.

DE