Terms & Conditions
TERMS AND CONDITIONS
Eliancycles is a registered trademark.
1. In these Terms:
a) ‘Purchaser’ means the person named on the Order Form for whom the Seller has agreed to provide Goods in accordance with these Terms;
b) ‘Terms’ mean the standard terms and conditions set out in this order and (unless the context otherwise requires) including any special terms and conditions agreed in writing between the Purchaser and the Seller;
c) ‘Goods’ means the Cargobicycle, Bicycle or parts of a Cargobicycle, Bicycle ordered by the Purchaser;
d) ‘Seller’ means Eliancycles BV;
e) “Deposit” means the deposit payable by the Purchaser set out in the Order Form (consisting of the “First Deposit” and the “Second Deposit” as referred to in the Order Form).
2. These Terms, and any allowance in respect of used Goods offered by the Purchaser, is subject to acceptance and confirmation in writing by the Seller.
3. The Seller will endeavor to secure delivery of the Goods by the estimated delivery date (if any), but does not guarantee the time of delivery and shall not be liable for any damages or claims of any kind in respect of delay in delivery, even if the Purchaser informs the Seller of a requirement to deliver by a certain date. The Seller shall not be obliged to fulfill any orders in the sequence in which they are placed.
4. The description and price of the Goods ordered will be as set out in the list price at the time of delivery.
5. If the Goods to be supplied by the Seller are new, the following provisions shall have effect:
a) If after the date of this order and before delivery of the Goods to the Purchaser the Seller’s recommended price for any of the Goods is altered, the Seller shall give notice of any such alteration to the Purchaser, and in the event of the recommended price being increased.
b) The Seller reserves the right to cancel these Terms if it at any point ceases to manufacture the Goods ordered by the Purchaser. If the Seller cancels these Terms under either of the foregoing provisions, the Deposit shall be returned to the Purchaser and the Seller shall be under no further liability.
6. If the Purchaser fails to collect or take delivery of and pay for the Goods within 28 days of notification that the Goods have been completed for delivery, the Seller shall be at liberty to treat these Terms as repudiated by the Purchaser and thereupon the Deposit shall be forfeited without prejudice to the Seller’s right to recover from the Purchaser by way of damages any loss or expense which the Seller may suffer by reason of the Purchaser’s default. Even if the Seller manages to sell the Goods to a third party the Purchaser shall not be entitled to a refund of the Deposit if the Purchaser has defaulted under this clause 6.
7. a) The provision of this clause 7 shall apply if the Seller, in its absolute discretion, allows the Purchaser to cancel an order, but there shall be no general right of cancellation.
b) If the Purchaser cancels an order after the First Deposit has been paid but before Final payment has been paid the Seller shall retain €100 of the First Deposit by way of administration fee and repay the remainder of the First Deposit to the Purchaser pursuant to clause 7(c) below.
c) Deposits shall be refunded within 30 days after the Purchaser gives the Seller notice of cancellation (and such cancellation is accepted by the Seller) PROVIDED THAT if cancellation takes place pursuant to clause 7(b) above and at the time of cancellation the Bicycle forming the Goods has been materially completed, then the Seller shall not be required to refund the remainder of the Deposit until the 30 days after the Seller has sold the relevant bicycle to another customer.
8. The Goods shall remain the property of the Seller until the price has been discharged in full. An electronic payment made by the Purchaser in payment shall not be treated as a discharge until the monies have been received by the Seller in full.
9. Any notice given hereunder must be in writing and may sent by post to the residence or place of business of the person to whom it is addressed and shall be deemed to have been received two working days after the date of posting. Notice may also be sent by email to the Purchaser where the Purchaser has provided an email address to the Seller.
10. The Seller will take all reasonable precautions to keep the details of the Purchaser’s order and payment secure, but unless the Seller is negligent, the Seller will not be liable for unauthorized access to information supplied by the Purchaser. The Seller will only use the personal information provided for the purpose of fulfilling the order unless the Purchaser agrees otherwise. The Purchaser can correct any personal information about himself or herself, or ask for that information to be deleted by giving notice to the Seller.
11. If the Cargobike or Bicycle is sold as a frameset or in components, the Purchaser is responsible for its assembly and road-worthiness and good engineering standards should always be employed. The Seller is not liable for any fault due to faulty assembly.
12. SELLER’S WARRANTY for new products
Eliancycles BV warrants for the original owner only the frame or original component parts of each new bicycle to be free from defects in material and workmanship for the following specified periods:
Warranty of 10 years for - • The bicycle frame
Warranty of two years for - • special components engineered by Eliancycles BV
Warranty of one year for - • Paint and powder coat finish
(All non Eliancycles BV brand parts shall be covered exclusively by the stated warranty of their original manufacturer.)
REQUIRED ASSEMBLY WHEN PURCHASED
This warranty applies only to bicycles and framesets purchased new from Eliancycles BV and assembled by Eliancycles BV at the time of purchase. This warranty extends from the date of purchase, applies only to the original owner, and is not transferable.
In no event shall Eliancycles BV be responsible for any direct, incidental or consequential damages, including, without limitation, damages for personal injury, property damage, or economic losses, whether based on contract, warranty, negligence, product liability, or any other theory.
EXCLUSIONS The above warranty, or any implied warranty, does not cover:
• Normal wear and tear on parts such as tires, chains, brakes, cables and gearwheels in situations where there are no assembly or material defects.
• Modifications from the original condition.
• Use of the bicycle for abnormal, competition and/or commercial activities or for purposes other than those for which the bicycle was designed.
• Damage caused by failing to follow the owner’s manual.
• Paint and powder coat finish and decal damage resulting from taking part in competitions or training for such activities or events or as a result of exposing the bike to, or riding the bike in, severe conditions or climates.
• Labor charges for part replacement or changeover.
Except as is provided by this warranty and subject to all additional warranties Eliancycles BV and its employees shall not be liable for any loss or damage whatsoever (including incidental and consequential loss or damage caused by negligence or default) arising from or concerning any Eliancycles BV cycle. Eliancycles BV makes no other warranties, express or implied. All implied warranties, including the warranties of merchantability and fitness for a particular purpose are limited in duration to that of the express warranties stated above. Any claim against this warranty must be made through Eliancycles BV by writing and within a period of 5 workdays after the incident. The purchase receipt or other proof of the date of purchase is required before a warranty claim may be processed.
a) In no event the Purchaser is allowed to copy or duplicate any parts engineered, designed and/or produced by Seller. The intellectual properties of the Seller continue to exist and will stay the Seller’s intellectual properties unless otherwise is agreed upon in writing.
b) These Terms and Conditions shall be governed by, interpreted and construed in accordance with the
substantive laws of the Netherlands, with the exception of reference to the United Nations
Convention on Contracts for the International Sale of Goods (CISG). Sole venue for all
disagreements arising under this contract shall be Amsterdam, the Netherlands.