I. GENERAL TERMS AND CONDITIONS OF ONLINE SALES

[Last update on 10 April 2014]

A. Scope of application

These General Terms and Conditions of Online Sales shall apply to all contractual interactions between the Seller and each visitor who orders through our online shop. Hereafter, the buyer will be referred to as « the Customer », « the Consumer », « you » and « yours ». He or she is a « Consumer » within the meaning of article I.1.2° of the Code of Economic Law (CEL). The designation « Parties » will make reference to both sides, as well the Seller’s as the Customer’s.

B. Contractuel buyer-seller interactions

Both Parties agree that their contractual interactions will be exclusively ruled by the following General Terms and Conditions for Online Sales.

The legal Notices are to be considered as an integral part of these General Terms and Conditions.

The Seller reserves the right to modify these General Terms and Conditions of Sales at any time, without notice. The binding version for the Customer is the one in force at the time of his order.

C. Right of withdrawal (cancellation) and possibility to exchange

1. General right of withdrawal (cancellation)

Consumers have the right to withdraw from the contract as defined by the legal Notices.

2. Use the right of withdrawal

If you wish to exercise your right of withdrawal, you may return the goods to the shop of the Seller and hand them over yourself. You also have the possibility to send them back at your own risk. In this case, you will bear the direct costs for returning the goods.

Whether you hand them over or send them back, you always have to show or join a copy of the following documents :

-  The order confirmation e-mail message ;

-  The receipt or the purchase order ;

-  An unequivocal statement that you use the right of withdrawal for the returned merchandise (only for returns).

We will not proceed to the reimbursement if the returned goods are incomplete or without their original packaging, nor if they turn out to be defective, damaged ore used. The items will consequently be considered as non-compliant goods.

D. Order

The following Terms and Conditions ought to be taken in consideration for all purchases during promotional campaigns held by the Seller :

1. Promotional codes related to a campaign must be entered in the space provided ;
2. Promotional campaigns are limited to Customers ;
3. Promotional campaigns are only valid within the limits of available stock ;
4. Per purchase, identical items or articles of the same kind or nature are limited to two ;
5. A promotional code can only be used once by each Customer ;
6. The discount is tied to the purchase of products, not to additional costs of any kind ;
7. Promotional campaigns only apply to online purchases, not to the online reservation system for products in our brick-and-mortar shop.
8. Orders that don’t meet these General Terms and Conditions will not be carried out. The Customer will be notified by the Seller if this is the case.

E. Payment

Late payment will lead to 8% interest charge, practicable upon the ignored receipt of a first formal notice. Furthermore, you will be in debt of a fixed penalty clause of 10%, reaching a ceiling at 1.250,00 €, principally calculated on the owed sum.

Unless proven otherwise, the computer registries of the Seller and his subcontractors provide the complete history off all transactions between the Seller and the Customer. By confirming your credit or bankcard number and by validating your purchase you evince your agreement for our General Terms and Conditions of Online Sales. This validation equates to a signature.

F. Delivery and passing of risks

1. Delivery

The Seller binds himself to respect the delivery dates mentioned on the Website. The delivery period starts with the receiving of the order validation by e-mail.

For a shipping at home, you will be notified through a notice in your mailbox if nobody is there to take the delivery. This note will mention a time limit fixed by the transporter to contact him. You may either fix a new delivery date or take delivery at a service point chosen by the dispatch service. This clause ought to be considered as a stipulation to other parties regarding the transporter.

If you decide to withdraw the merchandise in the shop of the seller, the products will be available up to 30 days, provided they have been payed online. The due date to take delivery of your order will be mentioned in the confirmation e-mail.

The Seller reserves the right to refuse to execute an order if the Customer is indebted to the Seller in any way.

2.  Reservation of ownership

The goods will remain the property of the Seller until ALL payment obligations are met (the price of the goods/accessories in its entirety, the potential additional costs and interests).

3. Passing of risks

Risk transfers from Seller to Customer when the goods are send for delivery or when they are collected in the shop of the Seller.

By accepting these General Terms and Conditions, you agree that a third party may take part in the delivery, purely and exclusively at your own risk.

G. Liability

The liability of the Seller may not be invoked for failing to fulfil his obligations in case of force majeure, unforeseen circumstances, third party interferences or government measures (″fait du Prince″).

The liability of the Seller is exclusively limited to potential direct damages. His responsibility cannot be committed for any undirect damage such as, for example, shortfall, commercial loss, loss of data, deficits or any other form of indirect damages that were not predictable at the moment you consulted the Website or confirmed an online order.

H. Warranty and guarantees

The Customer who is a Consumer is covered by a legal product conformity guarantee from the time of delivery and for 2 years counting this date. The articles 1649bis and 1649octies of the Belgian Civil Code have to be put into practice.

The Seller is guarantor for this warranty obligation. The warranty is only applicable within the Belgian territory.

However, the guarantee is not applicable for a wrong or non-conforming use of the product nor for deterioration caused by the Customer.

If you have a faulty product within the guaranteed period, you shall take it back to the shop of the Seller to let it get examined, repaired or replaced. Ideally, you worn the Seller previously by phone. If the product cannot be repaired nor replaced by another identical or equivalent product, it will be reimbursed by means of a voucher, exclusively usable through our Web shop.

I. Non-waiver clause and nullity

The fact that, at some point, one or several stipulations of these General Terms and Conditions or legal Notices are not put into practice by the Seller, will not subsequently lead to a permanent waiver.

 

The fact that, at some point, the Seller decides to ignore one of the clauses of the General Terms and Conditions of Online Sales or stipulated in the legal Notices will not lead to a permanent waiver of the ignored clause.

The invalidity of one of the requirements of these General Terms and Conditions has no impact on the effective application of other clauses.

J. Applicable Law/Jurisdiction

In the event of a dispute between Parties, both have the possibility to make recourse to a conciliation procedure.

The Courts of competent Jurisdiction by choice or by default of one of both Parties are either those of the place of residence/corporate headquarter of the Customer or otherwise the Seller’s. If several Jurisdictions come under these criterions, both parties will opt for the Belgian Jurisdiction with a French spoken procedure.

All contracts concluded with the Seller shall be governed by the Belgian Laws.

II. Legal notices and terms and conditions of use – the seller

[Last update on 27 March 2014]

A. Scope of application

Each visit/use of the Website is subjected to the following legal Notices and the Terms and Conditions of Use described hereunder. The visit/use of the Website automatically implies your acceptance of these legal Enquiries. Please leave the Website immediately if you do not want to be bound by these General Terms and Conditions.

The Seller reserves the right to modify the General Terms and Conditions of Sales of the Website at any time, including the legal Notices and the Terms and Conditions of Use. It is therefore recommended to consult these legal Notices as well as the Terms and Conditions in a regular way.

B. Legal Notices

1. Information about the seller

2. The shop

Name	S’BY BIKES sprl ( Ltd)
Head office	Rue de Huy 274 in 4300 Waremme
Enterprise number (Belgian Crossroad Bank for Enterprises)	0887405884
VAT identification number	BE0887405884
Phone number	019/545415
Fax number	019/545118
E-mail address	info@sbybikes.com

Languages

The current Website may be consulted in French.

3. Technical steps to enter into a contract

Placing an order includes several operations, it is called « Order processing » :

• You select the chosen items and add them to your basket ;
• Once you are done with your shopping and ready to make the payment, you will be able to consult a summary of your order to check the information and make adjustments if necessary before submitting the order ;
• Before your order goes through, you will receive a final summary (= « checkout screen ») where you have the possibility to confirm the order ;
• At this point, the payment request will appear. Bankcards are accepted.

C. Items for sale

1. Products

The Seller commits himself to describe and introduce the items of the Website in the most accurate way possible. Nevertheless, the Seller cannot guarantee that all features will remain the same over time, in part due to the continual willpower to improve the quality of the products. Despite our precautionary measures, mistakes cannot be totally excluded. Therefore, the Seller cannot be held liable for any error.

Likewise, the pictures that go with the products on the website are for information purposes only, they engender no contractual obligation from the Seller. The Seller cannot be held liable in what way soever by the content or the laydown of product photography.

2. Prices

All prices on the Website are stated in Euros and include the statutory value added tax for Belgium.

These prices are valid while stocks last.

The prices stated on the Website do not include shipping fees, costs of packaging nor other optional services. These costs will vary, depending upon the carriage and the attributes of each delivery ; shipping fees will be geared to the size and weight of the purchase. During the order processing, you will get an overview on the summary screen, which means before confirming and paying your purchases. This overview will inform you on the total price of the order, detailed with the amount of the products, costs of packaging, shipping and delivery fees or any other service provided.

Even though the Seller will price the products with care, the information may contain inaccuracies. All prices of the currant Website are therefore subject to material errors or incorrect price indications.

3. Availability

The Seller strives to insure a real correlation between the proposed products and the available stocks.

Despite the means implemented to avoid a stockout, we still may come across stock issues. The product’s supply or availability on the Website is for information purposes only and cannot be considered as contractually restricted. Hence, the Seller declines all liability for (temporary) unavailability of one or more products.

In this case, the Seller will inform the Customer that he is unable to ship one or more items already ordered. The Seller may either cancel that part of the order and you will be reimbursed or not charged accordingly, or, if no items are available, he may cancel the order completely and reimburse or discharge the owed sum.

4. Payment and delivery

(a) Payment

You may pay products of online shopping in the following ways :

If you opt for a shipping at home : payment before shipment/delivery by Bancontact/Maestro, Visa, Mastercard.

If you collect your online purchases at the shop : payment before delivery by Bancontact/Maestro, Visa, Mastercard.

 

(b) Delivery at the shop of the Seller

If you choose to collect your order at the shop of the Seller, you will be informed of its availability by e-mail. Remember to bring this e-mail as well as your ID (and a proxy if a third party is involved) to pick-up your purchases. The collection of purchase(s) ought to be considered as the delivery.

(c)  Home delivery

If you select home delivery, your purchase(s) will be dispatched as soon as possible and in any event within 30 days of your order. The seller will therefore call on an external contractor who always delivers during business hours. If nobody is there to take the delivery, the transporter will leave a notice to inform you where you can withdraw your delivery.

Deliveries will only be made in Europe, to the delivery address mentioned on the order. The Seller shall not be liable to the Customer for not handing over the delivery to him in person (but to a third party at the same address).

5. Right of withdrawal (cancellation)

(a) Right of withdrawal

Except for the products quoted in the next paragraph, all product purchases on the Website may be withdrawn without incurring any penalty, for any reason and with no justification. You have 15 days to exercise your right of withdrawal. The period for exercising the right of withdrawal starts as follows :

• Concerning goods, from the day after the delivery (the time the Consumer physically receives the product) ;
• In case of services, the day after the contract is concluded.

The right of withdrawal does not apply to :

• Goods with a personal character (for example heart rate monitors, underwear, swimming gear, etc.) ;
• Audio and video-tapes and computer software if the seal or packaging has been broken ;
• Books ;
• Nutrition.

You will bear the direct costs when returning goods. If you exercise your right of withdrawal, the Seller will reimburse you the full purchase price within 30 days, provided that the item(s) is(are) returned in the same condition as it (they) was (were) sent and has (have) its (their) original label.

D. Terms and Conditions of Use of the Website and the Online Services

1. General Use of the Website

(a) Access to the Website and to the online services

Access to the Website (use of the services) is restricted to natural persons and individuals representing legal entities, over 18, that have the legal capacity to fully abide by the obligations contained in the following General Terms and Conditions of Use, and may only relate to non-professional purposes. Minors or professional purchasers shall present themselves at the shop of the Seller.

The use and access to a certain number of online services may be associated with the creation of a User account. At all times, personal information will be treated confidentially and in accordance with the Seller’s Privacy Policy.

(b) Prohibited behaviour

By using the Seller’s Website and online services, in particular by posting or adding content in the spaces provided, you commit yourself to renounce to the following machinations :

• Undertake illegal acts ;
• Use personal information, in any way, of other users of the Website and online services, usurp the identity of a third party, publish or circulate the personal information of a third party ;
• Spread or publish messages or illustrations with a harmful, offensive, racial, hateful, revisionist or immoral character, or which violate privacy in any way, directly or indirectly ;
• Circulate or publish political, philosophic or religious opinions, once affiliation to a trade union, medical or sexual information or any other personal revelations ;
• Circulate or publish content or messages on behalf of a third party ;
• Circulate content or messages which will or may harm the Seller’s interest.

(c) Content

The Seller may suspend or terminate any access to online content at any time and in its sole discretion.

E. Miscellaneous

1. Intellectual property rights

(a) Content that has been published by the Seller

By using the present Website, you explicitly admit that the content and data appearing are and shall remain the Seller’s property.

In case the above-mentioned rights are violated, the Seller and/or his licence distributor may initiate civil or criminal procedures.

(b) Content that has been published by the User

You shall explicitly, unconditionally and definitely cede all copyrights of published content to the Seller. You specifically authorise the Seller (or a third party linked to the Seller) to share publicly, without restriction, your content with social networks or promotional campaigns. You equally renounce any compensation for the current disposal or any other use.

2. Liability

(a) Liability for using the Website

By visiting or using the Website, the User agrees to be solely responsible and liable for this use.

The Website may be linked to third party Websites ; by clicking on these links, you admit that the Seller cannot ensure the content of these external Websites ; visiting those pages is on your own risk.

The Seller may not be held liable for any damages that result from the consulting and/or use of the Website (including the content of it), nor from the visit of a linked third party Website.

The Seller may, for technical reasons (including for maintenance or updating purposes) or in its sole discretion, temporarily or definitively refuse the access to the Website. The User renounces any compensation with regard to this point.

(b) Liability for publishing content on the Website

The Seller may suspend and/or delete all or part of the User’s recording on the Website at any time and on its sole discretion, with immediate effect (no notification nor preconditioned warning). The same goes for the access to content and/or information published on the Website.

The User consents to the fact that the Seller will not proceed to a prerequisite check of the web content published by the Users of his Website. If a complaint is filed, the Seller will examine it as soon as possible and take the appropriate measures in relation with the denounced content.

(c) Liability for the fulfilment of contractual obligations

The Seller’s liability shall only be engaged for direct and foreseeable damages. Indirect, unforeseeable and/or consequential damages including, but not limited to, loss of profit, loss of opportunity, loss of turnover, loss of data, failures or any other indirect form of damage shall not give right to an indemnity.

3. Non-responsability

By using the Website, you acknowledge and agree that the Seller is not responsible and shall not endorse costs and expenses for any damage of any kind, direct or indirect, claimed by a third party in response to the content you posted on the Website,

for any illegal or unlawful use of the Website, nor for infringement of the present legal Notices and Terms and Conditions of Use.

When the Seller takes cognizance of any damage, potential or not, he will immediately inform the User of the measures that might or will be taken. Both Parties shall consult each other in order to handle things properly.

4. Legal Notice

Disagreements ensued from the interpretation or the fulfilment of the present legal Notices and the quoted Terms and Conditions of Use is subject to the exclusive jurisdiction of the Belgian Courts. In the absence of any mandatory legal dispositions, jurisdictional authority is expressly attributed to the Courts of the Judicial Arrondissement of Liège, District of Verviers.

The General Terms and Conditions of Use shall be governed by Belgian Law.

III. Online privacy police – the seller

[Last update on 04 April 2014]

A. Contractual definitions

« In charge » : the person responsible for the processing of personal data.

« Website » : shall refer to the Website you provided your personal data to. The site can be consulted via www.sbybikes.com, the Website of the Seller.

« User », « You », « Yours » : shall refer to any person using the Website.

Interactive use : Shall refer to all use wherefore you enter personal data on the Website, through a whether or not completed electronic form.

Non interactive use : refers to all use which cannot be qualified as interactive.

Third party : shall refer to a natural or legal person ,a public authority, a service or any other body who is not the user, not the Person in charge nor mandated persons on the authority of the Person in charge for the personal data processing.

External service providers : service providers called on by the Person in charge for the delivery/shipping of goods and services. Debt collection agencies, payment service providers or newsletter and email senders are, for instance, part of them.

Privacy Law : The Law of 8 December 1992 on the Protection of Privacy with regard to the processing of personal data.

B. General points

Applying to the Privacy Law, the Seller shall be considered as the « Person in charge of processing », the person responsible for the processing of the personal data used by the Website.

The use of this Website constitutes your acceptance to the processing of your personal data as well as to the present Privacy Policy. If you do not agree to these Terms, then you shall not access or continue to use the Website.

C.               Contacts - communicated data by the Person in charge

The Website is the property of the Seller, the Seller is the person in charge of the Website :

Name	S’BY BIKES sprl (Ltd)
Head office	Rue de Huy 274 in 4300 Waremme
Enterprise number (Belgian Crossroad Bank for Enterprises)	0887405884
VAT identification number	BE0887405884
Phone number	019/545415
Fax number	019/545118
E-mail address	info@sbybikes.com

 

D. Processed data

When a new User profile is created, the personal data entered during the registration procedure is processed. Personal data includes the following information, according to the User’s requested service :

• name
• first name
• address
• contact details, of which
• phone number and/or
• cell phone number
• e-mail address
• size(s)/shoe size(s)

(Shoe)sizes are only processed for purchases of shoes and/or clothes and exclusively for the order fulfilment.

By using the Website on an interactive way, the User explicitly authorises the processing of the personal data he has introduced, in compliance to the Privacy Law, art. 7, §2, a).

E. Cookies

The Seller generally uses cookies to keep track of your movements within the Website (visited pages, the date and the hour of your visit, search criteria, etc.).

The collected data are used for statistical purposes and allow the Seller to recognise the User (future visits) and so propose adapted content. Once your personal data has been collected, you have the possibility to order online. You may refuse the use of « cookies » by changing the cookie settings in the Config menu of your navigator. Nevertheless, you will not be able to order online any more.

F. Purposes

The personal information entered by creating a User profile or ordering on line, will be processed by the person in charge in order to :

• Communicate with you ;
• Manage online orders ;
• Manage customer or supplier data.

G. Possible (categories of) recipients

Depending on the purpose of the processing, the personal data may be disclosed to the following recipients :

• The visitor himself ;
• Other companies and establishments related to the Seller ;
• External service providers, towards the execution of marketing activities on behalf of the Seller ;
• Third parties, towards direct marketing.

H. Personal data – right of access and rectification

You always have the right to take cognizance of the following :

• Whether or not your personal data has been processed ;
• concrete purposes of this processing ;
• categories of processed data ; and
• categories of recipients of this processed data.

On demand, the User may dispose of the processed data in a clear way, and may request information about the provenience of it.

The User has the right to complete or update his/her personal data.

The User has the right, at any time and free of charge, to oppose the processing of his/her personal data for the purposes of direct marketing.

If You wish to exercise this right, you may send a dated and signed request to the person in charge of the personal data. You will be informed as soon as possible, and at the latest forty-five days after the receiving of a complied request.

I. Archiving

In compliance with the applicable accounting measures, the person in charge is bound to archive the concluded contract and preserve it during the legal conservation period. The Visitor cannot consult the archived contract.