BUYER – CONSUMER SALES CONDITIONS
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS WHEN YOU PURCHASE AN EDDY MERCKX BIKE. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ORDER YOUR PRODUCT. IF SOME OF THE CONDITIONS ARE NOT CLEAR OR YOU HAVE ANY OTHER QUESTION OR COMPLAINT, PLEASE CONTACT OUR SERVICE CENTER ON +32 2 269 62 72 OR VIA EDDY70@EDDYMERCKX.COM. WE DO OUR UTMOST TO HELP YOU OR FIND A SOLUTION!
These sales conditions apply to your purchase of one of the 70 handmade and personalized Eddy70 bikes sold by Eddy Merckx Cycles NV, located in Belgium (“EMC”). By placing your order for this product, you accept and are bound to these terms of sale. We reserve the right to change these terms at any time without further notice. You agree to be bound by the terms of sale in use at the time of your purchase. If you prefer that these conditions are send to you personally by email or regular post or in another language you understand, please let us know and we try to answer your request.
In case the buyer is not a private buyer (“consumer”) the general Eddy Merckx Cycles conditions apply which are available upon request via firstname.lastname@example.org.
2. RESERVATIONS AND EXCEPTIONS
EMC attempts to post accurate information, but errors may sometimes occur. Any such errors will be corrected when discovered and EMC reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions.
3. ORDERING, CONCLUSION OF CONTRACT
a. When you place an order you make a binding offer to purchase the Eddy70 bike. You will be requested to immediately proceed the necessary payment (art. 4). You are ordering through a protected webshop and you pay through a safe payment channel. You will receive confirmation of your payment. This confirmation by email shall not constitute an acceptance of your order.
b. EMC will contact you in person within 48 hours (on business days) by phone or e-mail to review the details of your order. EMC will then generate a purchase confirmation with all details of your purchase.
c. EMC reserves the right not to issue a purchase confirmation and/or to cancel the submitted order, in EMC’s sole discretion. In that case, EMC shall without delay refund you any payment already made in connection with your order.
d. Ordering is subject to the maximum amount of 70 handmade and personalized Eddy70 bikes and is only possible in countries where EMC is represented by official Eddy Merckx dealers, distributors or agents.
4. PRICES AND PAYMENT
a. The price mentioned on our Eddy70 webshop includes all costs and taxes, such as transportation cost and insurance, import duties, value added taxes (if applicable), levies and the like.
b. The price is to be paid for 25% immediately, at the moment you place your order (€ 3,500 / $4,375) by credit card. Due to the nature of the payment system over the internet, immediately upon ordering, an authorization will be placed on your credit card and payment will be taken at the point of processing. The second 25% is to be paid within 24h after placing your order with the payment method of your choise (please be aware of your creditcard limitations and use bank transfer if necessary). This down payment of 50% shall be confirmed on your invoice.
In any event, payment of 50% must be received in order to have your chosen bike number secured and in order to start up your personal production process.
The remaining 50% of the price is to be paid when the personal production process of your bike is finished and you are informed of this by EMC. The payment method of this remaining 50% is free. We request you to always mention your order number when paying.
In any event, payment in full (100%) must be received by EMC prior to transportation of your bike (art. 5).
In case the remaining 50% of the price is never paid and because production of your customized bike is finished at that time, the first 50% payment will be seen as reimbursement of all costs incurred by EMC and fixed damage to EMC due to your breach of contract. You will be informed by this in writing by registered letter.
In case EMC is unable to finish the personal production process, the first 50% payment will be refunded to you and you are entitled to demand a fixed damage compensation equal to 500€.
c. Payments made to anyone other than EMC are not valid.
a. Delivery will happen as from the actual birthday of Mr. Merckx on June 17th 2015, as soon as possible from this date and the latest by December 31st 2015. Delivery terms and times are estimates until you are contacted in person by EMC to inform you that the production process is finished and to confirm you by email the place of delivery and pick up, date and time. Until that day none of the indicated delivery terms can give rise to any liability of EMC.
b. Delivery is always subject to payment (art. 4).
c. Delivery happens free of cost and duties are paid (“DDP”). EMC chooses freely the type of transportation and transportation company.
d. Delivery happens at one of our official Eddy Merckx dealers. In case no official Eddy Merckx dealer can be found in the nearness of your home we try to deliver at a dealer of your preference or, when not applicable, at your home address. Because of the dense dealer network in the BENELUX, delivery at an official Eddy Merckx dealer as chosen by the customer is mandatory.
In case you don’t pick up the bike on the indicated pick up time, your bike shall stay at the dealer’s place for a maximum of 15 business days. After this period the bike will return to the headquarters of EMC and transportation will be at your cost from that moment on and the bike can be sold to third parties without you being entitled to any refund.
e. You must report any non-conformity of the delivered product – such as but not limited to incorrect amounts, wrong model, wrong size, visible damages – directly to your dealer and/or to us, in case of delivery at a private address, in writing via email@example.com within 48 hours after delivery or pick up in order to be entitled to a solution free of charge for the inconvenience. If not reported during that 48-hour window, any non-conformity of the delivery cannot be claimed. If the packaging is damaged please ask to record it on the transport company’s receipt. Because of the natural, non-repeating manufacturing process, you hereby waive any claim for minor non-conformity issues such as reasonable deviations relating to color, small parts, or sizes.
f. You must contact us directly via firstname.lastname@example.org and report the non-conformity before you attempt to return the product. You need to obtain a Return Material Authorization (“RMA”) number for you to include with your return and follow consequently the related instructions. Please return the product to us in its original packaging unless damaged. If you fail to follow the return instructions provided by EMC or when the non-conform delivery is due to your incorrect input of information, transportation will be charged at your expenses and EMC is not responsible for products that are lost, damaged, modified or otherwise processed in that return process. EMC may at its sole discretion replace the non-conform product or issue you a credit. Credit for partial returns may be less than invoice.
g. The right to withdraw from your online purchase (“Cooling off” period) during 14 days after the day you received your product does not apply to goods made to order or clearly personalized, such as this Eddy70 bike.
Transportation shall always occur in special packaging. The Eddy70 bike is produced and assembled by qualified technicians in our Belgian factory. Specific components (wheels, seat posts, handlebars etc.) are removed for safety reasons prior to transportation. In case of no delivery through a designated bicycle dealer, you agree that you are responsible to assemble these components on your own by following the user manual instructions delivered with the bicycle. EMC is not liable for any damage as a result of incorrect assembly.
7. STATUTORY WARRANTY AND LIABILITY
a. EMC guarantees the first owner of the bike for a period of two (2) years, beginning on the date of delivery or pick up, that its product is free from defects in materials and workmanship. When the defect existed at the time of delivery, is discovered within the term of 2 years and is reported to us or one of our official dealers within 5 business days after discovery, you shall be entitled free of charge to a solution for the inconvenience or partial compensation of the price that was paid for the product. Repair of the product may be refused by us when such remedy would result in unreasonable costs. This warranty only counts for a defective product and as long as the product is treated and used correctly and regular maintenance is given. This warranty is limited to the solutions in this article and doesn’t contain any further service or treatment.
You need to return your bike to your dealer or, when sending the defective product directly back to us, follow the return procedure described in Article 5, f. and request an RMA before you attempt to send it back. If all conditions are met –as to be decided by EMC– , any official EMC dealer will provide you with the entire manufacturer warranty as it is provided by EMC.
b. In addition to the limited two (2) years warranty above, EMC offers a strict lifetime warranty applicable to the frame of the bicycle, as detailed in the strict lifetime warranty conditions on www.eddymerckx.com and for which you need to register your frame as indicated.
c. THIS WARRANTY REPRESENTS EMC’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR DEFECTS IN MATERIALS AND WORKMANSHIP. EMC HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OTHER THAN THE PURPOSE FOR WHICH THE PRODUCT IS NORMALLY INTENDED TO. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
8. LIMITATION OF LIABILITY
EMC DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR ANY USE OTHER THAN THE REGULAR USE OF THE SAME TYPE OF PRODUCT, LOST PROFITS OR LOSS OF BUSINESS. EXCEPT AS EXPRESSLY PROVIDED HEREIN.
SOME JURISDICTIONS MAY NOT ENFORCE ALL OF THESE LIMITATIONS, AND ONLY THE LIMITATIONS THAT ARE LAWFULLY APPLIED TO YOU IN YOUR JURISDICTION WILL APPLY. The exclusion or limitation of liability for damages according to the above Article 7 and this Article 8 cannot be applied in case of intentional misconduct or gross negligence. The exclusion or the limitation of liability for damages according to the above Article 7 and this Article 8 also applies to potential claims against employees or authorized representatives of EMC.
9. APPLICABLE LAW AND COMPETENT COURT
THE PARTIES AGREE THAT THIS AGREEMENT, ANY SALES THERE UNDER, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND EMC ARISING FROM OR RELATING TO THIS AGREEMENT, ITS INTERPRETATION OR THE BREACH, TERMINATION OR VALIDITY THEREOF, OR ANY RELATED PURCHASE SHALL BE GOVERNED BY THE LAWS OF BELGIUM, WITHOUT REGARD TO CONFLICTS OF LAW. YOU EXPRESSLY AGREE THAT EXCLUSIVE JURISDICTION FOR ANY DISPUTE WITH EMC RESIDES IN THE COURTS OF BRUSSELS AND YOU FURTHER AGREE AND EXPRESSLY CONSENT TO THE EXERCISE OF PERSONAL JURISDICTION IN THE COURTS OF BRUSSELS IN CONNECTION WITH ANY SUCH DISPUTE INCLUDING ANY CLAIM INVOLVING EMC OR ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, CONTRACTORS, OFFICERS OR DIRECTORS.
a. If any provision or portion of these terms of sale shall be held invalid under any applicable laws, such invalidity shall not affect any other provisions that can be given effect without the invalid provision or portion, and, to this end, the provisions or portions hereof are severable.
b. This instrument contains the entire agreement between the parties hereto. No verbal agreement, conversation, or representation by or with any officers, agents, or employees of EMC, either before or after the execution of this agreement, shall affect or modify any of the terms or obligations herein contained.
c. All intellectual property rights connected with the delivered products are and remain our property or the property of our providers, suppliers or licensors. The use and reproduction of the products’ name, brand, logos, photographs, models, pictures and the like is strictly prohibited and subject to civil, commercial or criminal proceedings, except with our explicit permission or permission of the respective title holders. We hereby reject in advance liability for any damage arising from the unauthorised use of a name, photographs, models, pictures, etc. connected with the products.