Request service Portal bicycle lease

General Terms and Conditions

Article 1 – Information about CYCLOBILITY

Company name: CYCLOBILITY

VAT number: BE0659.786.377

Registered office: 9690 Kluisbergen, Kerkstraat 14

Offices:

  • 9690 Kluisbergen, Kerkstraat 14
  • 9000 Ghent, Handelsdokkaai 1
  • 8800 Roeselare, Ooststraat 177/119
  • 9300 Aalst, Leopoldlaan 88
  • 9100 Sint-Niklaas, Bellestraat 10
  • 2500 Lier, Arthur Vanderpoortenlaan 21
  • 9880 Aalter, Burgstraat 117
  • 8210 Zedelgem, Torhoutsesteenweg 304

Phone number: +32 (0)55 60 66 97

Email: info@cyclobility.be

Article 2 – Definitions

Offer: The offering of Products by the Company at the Points of Sale and/or via the Website. The Offer is governed by these general terms and conditions.

Customer: Any person and/or entity acting for trade, business, craft, or professional purposes who purchases or may purchase Products at the Points of Sale and/or via the Company’s Website.

Customer-Consumer: Any natural person acting for purposes outside their trade, business, craft, or professional activities who purchases or may purchase Products via the Points of Sale and/or the Company’s Website.

Company: CYCLOBILITY BV, incorporated under Belgian law, with registered office at 9690 Kluisbergen, Kerkstraat 14 and VAT number BE0659.786.377.

Agreement: The agreement concluded between the Company and the Customer/Customer-Consumer for the purchase of Products at the Points of Sale and/or via the Website. The Agreement is governed by these general terms and conditions.

Products: All bicycles, bicycle parts, and accessories available for purchase at the Points of Sale and/or on the Website.

Website: The Company’s webshop website: https://www.cyclobility.be/.

Working day: Any day except Sundays and national holidays in Belgium.

Points of Sale: The Company’s physical points of sale.

Article 3 – Applicability

  1. These general terms and conditions apply to every Offer of the Company and to all Agreements.
  2. These general terms and conditions are made available to the Customer/Customer-Consumer before concluding the Agreement with the Customer/Customer-Consumer.

Article 4 – Conclusion and Duration of the Agreement

  1. The Agreement is concluded as soon as the Customer/Customer-Consumer accepts the Offer and the general terms and conditions.
  2. The Agreement and the general terms and conditions remain valid until all obligations have been fulfilled.

Article 5 – Prices

  1. The prices of the Products are those stated at the Points of Sale or on the Website at the time the Customer/Customer-Consumer places an order and include VAT.
  2. All Product prices exclude delivery costs. Delivery costs are available to the Customer-Consumer and depend on the country to which the Products must be shipped.
  3. If a Product is incorrectly priced at the Points of Sale or on the Website, the Company will contact the Customer/Customer-Consumer in writing as soon as it becomes aware of the incorrect price. The Customer/Customer-Consumer may choose to keep or cancel the order in accordance with the cancellation procedure outlined in Article 9. The order will only be processed after the Company receives confirmation from the Customer/Customer-Consumer within 14 days of the invitation. If the Company is unable to contact the Customer/Customer-Consumer using the contact details provided during the ordering process, or if no response is received within the above period, the Company will treat the order as cancelled and notify the Customer/Customer-Consumer in writing.
  4. Obvious errors or mistakes in pricing do not bind the Company.

Article 6 – Payment and Payment Methods

  1. The Customer/Customer-Consumer can pay for Products on the Website using the following methods: Bancontact, Visa.
  2. Payment must be made at the time the order is placed.
  3. If payment is made by bank transfer, the Company will process the order upon receipt of full payment. If full payment is not received within 7 days after order receipt, the Company may automatically cancel the order.
  4. If the Company does not cancel the order as per the above clause, the Customer-Consumer owes late payment interest fourteen calendar days after the Company sends a payment reminder on the outstanding balance, at the rate specified in Article 5, second paragraph of the Law of 2 August 2002 concerning combating late payment in commercial transactions. The 14-day term starts on the third working day after sending the payment reminder, or the following calendar day if sent electronically. If payment is not received within the 14-day period, interest accrues from the calendar day following the reminder.
    The Company is entitled to the following fixed damages:
    i) outstanding balance up to €150.00: €20.00
    ii) outstanding balance between €150.01 and €500.00: €30.00 plus 10% of the amount owed between €150.01 and €500.00
    iii) outstanding balance from €500.01: €65.00 plus 5% of the amount owed above €500.00 with a maximum of €2,000.00.

    For the Customer, late payment interest as determined in Article 5, second paragraph of the Law of 2 August 2002 is due by operation of law and without prior notice from the due date until payment. The Company is also entitled to a fixed compensation of €40 for its own collection costs and additional compensation for other collection costs exceeding this amount caused by late payment.

Article 7 – Shipping and Delivery

  1. The Company commits to delivering the Products to the Customer-Consumer within 30 days after full receipt of payment, unless another delivery date is agreed upon.
  2. If the Company cannot deliver within this period, it will notify the Customer-Consumer in writing, who will then grant a new reasonable delivery period. If the Company exceeds this new deadline, the Customer-Consumer may cancel the order.
  3. The Customer/Customer-Consumer will receive a confirmation email when the order leaves the Company.
  4. Delivery will be made to the address provided by the Customer/Customer-Consumer during purchase.
  5. If no one is available to receive the Products at delivery, or if delivery cannot be made at the specified address, the Customer/Customer-Consumer must follow the delivery service’s instructions.
  6. The Company reserves the right to make partial deliveries if part of the order is delayed or unavailable, notifying the Customer/Customer-Consumer by email.
  7. At delivery/pickup, the Customer/Customer-Consumer must inspect the packaging for damage. If the Products are damaged, the Customer/Customer-Consumer must refuse acceptance and immediately notify the Company via email (info@cyclobility.be). The Company will then provide instructions regarding the damaged Products.

Article 8 – Retention of Title – Risk of Loss or Damage

  1. All Products delivered and/or to be delivered remain the property of the Company until the Customer/Customer-Consumer has fully paid all amounts owed.
  2. Risk of loss or damage passes to the Customer/Customer-Consumer upon delivery. However, risk passes upon delivery to the carrier if appointed by the Customer/Customer-Consumer and this option was not offered by the Company, without prejudice to the Customer/Customer-Consumer’s rights against the carrier.

Article 9 – Customer-Consumer’s Right to Cancel an Order Before Delivery for Orders via the Website

  1. The Customer-Consumer has the right to cancel an order placed via the Website without reason and without costs before shipment.
  2. After receiving confirmation that the Products have left the Company (per Article 7.3), the Customer-Consumer can no longer cancel the order.
  3. If cancellation before shipment is not possible, the Products are delivered and the Customer-Consumer can return them following the procedure in Article 10.

Article 10 – Right of Withdrawal and Refund for the Benefit of the Customer-Consumer for Orders via the Website

  1. The Customer-Consumer has a statutory right to withdraw from the Agreement within the period specified in Article 10.2 if the order was placed via the Website. The Customer-Consumer must notify the Company of their decision to withdraw and to receive a refund. No reason is required.
  2. The Customer-Consumer has fourteen (14) days to withdraw, counted as follows:
    1. For a single Product delivery: the day after receipt of the Product.
    2. For multiple Products delivered separately: the day after receipt of the last Product.
  3. The Customer-Consumer may only exercise this right if the Products were ordered via the Website and if they are:
    1. unused beyond what is necessary to establish the nature, characteristics, and functioning of the Products;
    2. complete; and
    3. with original labels intact.
  4. The right of withdrawal does not apply to:
    1. Products made to the Customer-Consumer’s specifications or clearly personalized;
    2. Products that are irrevocably mixed after delivery with other products by their nature.
  5. If the Customer-Consumer decides to withdraw, they must notify the Company by completing the model withdrawal form and sending it via email (warehouse@cyclobility.be). The Customer-Consumer must return the Products without undue delay and at the latest within fourteen (14) days of the withdrawal notification. The Products must be returned using the same method as received. The Customer-Consumer will receive a return label by email, which must be affixed to the package.
  6. Return shipping costs are borne by the Company if the standard shipping method is used. Return labels can be requested by email (warehouse@cyclobility.be).
  7. Any loss or damage during return shipment is at the Customer-Consumer’s risk.
  8. Upon withdrawal,
    1. The Company will refund the amounts already paid by the Customer-Consumer for the Products after receipt of the Products. However, the Company may reduce the refund by any depreciation of the Products resulting from handling the Products beyond what was necessary to establish their nature, characteristics, and functioning.
    2. The Company will process all refunds within 14 days after receiving the Products.
    3. The Company will reimburse the Customer-Consumer using the same payment method that the Customer-Consumer used for the original payment.
    4. The Company has the right to refund the Customer-Consumer with vouchers if the Customer-Consumer used vouchers to pay for the Products.

Article 11 – Customer-Consumer Warranty

  1. The Customer-Consumer has a statutory two-year warranty covering defects or non-conformities appearing within two years of delivery.
  2. The Customer-Consumer must notify the Company by email of defective Products within two months of discovering the defect.
  3. For defects within the warranty period, the Customer-Consumer must follow the procedure in Article 10. After return, the Company will either replace or repair the Product free of charge, depending on the Customer-Consumer’s choice. Replacement is subject to availability. If repair or replacement is impossible or disproportionate, the Customer-Consumer is entitled to a price reduction or contract termination with refund per Article 10.8.
  4. Some Products have a manufacturer’s warranty that does not affect the Customer-Consumer’s statutory warranty rights.
  5. Warranty claims do not cover damage
    1. caused by normal wear and tear,
    2. improper use,
    3. or lack of maintenance.

Article 12 – Liability

  1. The Company is liable for damage caused by defects or non-conformities in Products delivered, within legal limits.
  2. The Company is not liable for indirect damage, including lost profits or business interruption.
  3. The Company is not liable for damage caused by improper use or failure to comply with instructions.

Article 13 – Intellectual Property

All intellectual property rights on the Website and its contents belong to the Company or its licensors.
Reproduction or use without permission is prohibited.

Article 14 – Data Protection

The Company processes personal data in accordance with applicable privacy laws and its Privacy Policy available on the Website.

Article 15 – Force Majeure

  1. The Company shall not be liable or responsible for failure to perform or delay in performing its obligations under the Agreement due to force majeure.
  2. In the event of force majeure:
    1. The Company will notify the Customer/Customer-Consumer of this by email;
    2. The Company’s obligations under the Agreement will be suspended, and the deadline for fulfilling the obligations will be extended for the duration of the force majeure situation. When the force majeure situation affects the delivery of the Products, the Company will arrange a new delivery date with the Customer/Customer-Consumer once the force majeure situation has ended.
  3. The Customer-Consumer has the right to cancel the Agreement affected by a force majeure situation that has lasted more than 30 days. To cancel, the Customer-Consumer must contact the Company by email. If the Customer-Consumer chooses to cancel the Agreement, they must return the Products already received, in accordance with the procedure set out in Article 10.

Article 16 – Applicable Law and Competent Court

  1. These general terms and conditions are governed by the laws of Belgium. This means that the Agreements for the purchase of Products at the Points of Sale and via the Website, and all disputes or claims arising from or related to them, shall be governed by Belgian law.
  2. The courts of the jurisdiction where the Company is established shall have exclusive jurisdiction to settle disputes related to the Agreement. This provision does not affect the jurisdictional rules set out in Article 624 of the Judicial Code for the Customer-Consumer.

Article 17 – Miscellaneous

  1. The Company may amend these general terms and conditions at any time. The terms and conditions in effect at the time of the Product order shall apply to the Agreement between the Customer/Customer-Consumer and the Company.
  2. Without prejudice to the rights and remedies granted to the Customer/Customer-Consumer by mandatory provisions of applicable law or these general terms and conditions, any liability of the Company shall be limited to direct damage resulting from a concrete proven gross or intentional fault on the part of the Company and limited to the value of the ordered Products. If this limitation of liability exceeds any allowed legal limit, the limitations in this article shall be reduced/mitigated to the maximum allowed by applicable law.
  3. The invalidity of any provision or part of a provision of the Agreement shall not affect the validity of the remaining part of that provision or the other provisions.