Terms and Conditions
- PREAMBLE
These General Terms and Conditions and the Special Terms and Conditions agreed upon between Cycle Valley, the Bike Shop Network, and the Customers constitute the entire contractual framework applicable to the interactions between the Parties. They supersede and replace any other prior communications (unless expressly agreed otherwise in writing by both parties).
In the event of any conflict between these General Terms and Conditions and the Special Terms and Conditions expressly agreed upon between Cycle Valley, the Bike Shop Network, and the Customers, these Special Terms and Conditions shall prevail.
This preamble forms an integral part of the General Terms and Conditions.
- CYCLE VALLEY IDENTITY
Cycle Valley BV
Registered office: Alfons Gossetlaan 40, 1702 Groot-Bijgaarden
Email: info@cyclevalley.be
Website: www.cyclevalley.be
VAT number: BE0667.738.102
KBO number: 0667.738.102
- DEFINITIONS
The terms used in these Terms and Conditions or on the Cycle Valley website shall be understood as follows:
3.1 Cycle Valley: The private limited company Cycle Valley (hereinafter “Cycle Valley”). This company has developed a digital platform that connects its own Customers and refers them to the Bike Shop Network. Various options are then offered on this platform, allowing Customers who have chosen a partner—a member of the aforementioned Network—to purchase or lease bicycles, or to order equipment, accessories, and related services.
3.2. The Bike Shop Network: All Cycle Valley partner stores that are part of the network established by Cycle Valley and that use the aforementioned platform to connect with Cycle Valley’s customers and offer them the products and services referenced on that platform.
3.3. Customers: These are all Cycle Valley customers who use the Cycle Valley platform to access the Bike Shop Network in order to purchase or lease a bicycle, accessories, or equipment, or to order related services.
3.4. T&C: These Terms and Conditions.
3.5. Website: The Cycle Valley website provides access to the relevant digital platform to connect Customers with and refer them to the Bike Shop Network, as well as to offer the services mentioned above. The Website is accessible at the following address: www.cyclevalley.be
3.6. The Parties: All parties acting within the scope of these Terms and Conditions, i.e., the Customers, Cycle Valley, and the members of the Bike Shop Network.
- ACCEPTANCE OF THE TERMS AND CONDITIONS
4.1. Customers and members of the Bike Shop Network acknowledge that they have read these Terms and Conditions and, by using the services offered on the digital platform, expressly and unconditionally accept them, which constitutes acceptance of the Terms and Conditions.
4.2. Unless otherwise agreed in writing, Cycle Valley does not recognize the other parties’ General Terms and Conditions, as set forth in Article 3.6, or those of third parties.
- PRODUCTS AND SERVICES
As stated in Article 3.1, Cycle Valley has developed a digital platform that connects its own Customers and refers them to the Bike Shop Network, while highlighting the various options available to them. Customers can then visit the store of their choice—which is a member of the Bike Shop Network—to purchase or lease bicycles, equipment, and accessories, and to order related services.
- OBLIGATIONS OF THE PARTIES
6.1. The parties declare that they have the legal capacity to enter into a legal obligation or are duly represented by persons authorized to do so.
6.2. The Parties agree to provide all information required in accordance with these Terms and Conditions and to ensure that such information is correct, accurate, and up-to-date.
For example, the partner—a member of the Bike Shop Network—will ensure that they enter all requested information correctly on the platform.
6.3. Under no circumstances can Cycle Valley be held liable for errors made by Customers or members of the Bike Shop Network when entering the aforementioned information, nor for any damages caused by such errors.
- ORDER
7.1. To place an order, the Customer logs in to Cycle Valley’s digital platform, which informs them of the options available to them. They are then referred to a partner—a member of the Bike Shop network—who will provide them with a price quote. Once this quote is approved and the Customer has signed the bicycle policy, Cycle Valley sends an order form to the relevant partner, who then confirms the validity of the order to the Customer.
7.2. An order is considered final when the following three cumulative conditions are met:
1) The partner, a member of the Bike Shop Network, receives the authentic order form sent by Cycle Valley;
2) The partner, a member of the Bike Shop Network, confirms to Cycle Valley that it is able to accept such an order and that it agrees to do so;
3) This partner, who has the order form, then confirms the order with the Customer.
7.3. The mention of a delivery time does not constitute a commitment on the part of Cycle Valley under any circumstances. Cycle Valley therefore cannot be held liable by the Customer for longer delivery times.
7.4. Only brands distributed by partners who are members of the Bike Shop Network may be offered to the Customer.
Furthermore, once Cycle Valley has offered insurance and roadside assistance to Customers, partners who are members of the Bike Shop Network can no longer include the insurance and roadside assistance option in their offerings.
7.5. Cycle Valley reserves the right not to validate orders placed by the Customer if the Customer has not completed the procedure required for placing an order.
7.6. All information provided by Customers when entering the details related to their order is binding on them. Cycle Valley cannot under any circumstances be held liable for errors made by the Customer when entering their information or that of the recipient of the ordered products and services, nor for errors made by the partner, a member of the Bike Shop Network, when using this information, nor for any delays in delivery or the inability to deliver the ordered products and services that these errors might cause.
7.7. The Customer agrees to receive an electronic version of the invoice corresponding to their order.
- DELIVERY, CONFORMITY, AND WARRANTY
8.1. Unless otherwise agreed in writing, delivery will take place at the premises of the partner—a member of the Bike Shop Network—to which the order relates.
8.2. Any delivery or shipping costs will be communicated and specified in the quotes before the order is confirmed. By placing an order, the Customer agrees to pay these costs, subject to any agreements to the contrary that are expressly entered into between the Parties.
8.3. A product that is required by law to have a license plate will not be delivered to the Customer until the partner, a member of the Bike Shop Network, has received the license plate in question. Cycle Valley cannot be held responsible for any delays caused by the delivery of this license plate.
8.4. The partner, a member of the Bike Shop Network, guarantees that the products and services correspond to the order, that they meet reasonable expectations, taking into account the products’ specifications, and that they comply with all legal requirements and provisions in effect at the time the order is placed.
As a member of the Bike Shop Network, the partner, in its capacity as a supplier, complies with the legal and regulatory obligations imposed on suppliers with regard to warranties.
8.5. Upon receipt of the ordered products and services, the Customer and the partner—who is a member of the Bike Shop Network—are immediately required to carefully inspect these products to confirm that they comply with the order specifications.
At that time, the Customer must familiarize themselves with the terms of use for the delivered products, as set forth in the user manual also provided to them by the aforementioned partner.
Following this thorough inspection, which takes place upon receipt, the Customer and the partner—who is a member of the Bike Shop Network—sign a receipt. Signing this document serves as confirmation of the aforementioned conformity and marks the start of the warranty period. The signed document, along with the invoice, must then be sent by the partner—a member of the Bike Shop Network—to Cycle Valley within 48 hours of delivery.
8.6. Delivery of a product will be considered complete once the Customer has been identified by the partner—a member of the Bike Shop Network—and the delivery receipt has been signed by both the Customer and that partner.
8.7. The costs associated with warranty claims, and in particular the costs of returning a defective product, shall be borne by the partner, a member of the Bike Shop Network, with the exception of the shipping costs that the Customer must pay to return a product if it turns out that the product conforms to the order.
8.8. In the event of a defect that could not be detected at the time of receipt of the product, the Customer must notify the partner, a member of the Bike Shop Network, in writing within 2 days of discovering the defect and no later than 2 years after the delivery/receipt of the product.
If the defect occurs more than 6 months after receipt of the product, the Customer must provide proof that the defect existed at the time of receipt, provided that the warranty on the product will not apply in the event of failure to comply with theand maintenance instructions for these products, or if the defect did not exist at the time of delivery.
8.9. Under no circumstances can Cycle Valley be held liable to the Client for any warranty obligation if the partner, the member of the Bike Shop Network, or the Manufacturer cannot themselves be held to assume a similar obligation toward Cycle Valley or are themselves unable to fulfill such an obligation toward the Customer due to the fact that they (the partner, the member of the Bike Shop Network, or the Manufacturer) are in a state of bankruptcy, judicial reorganization, or liquidation.
8.10. Under no circumstances may Cycle Valley be held liable for indirect damages resulting from non-conforming delivery of the products, a delay in making them available, or visible or hidden defects in these products.
- PRICES
9.1. Prices are fixed and guaranteed for the duration of the offer, unless legal measures necessitate an increase. Once the offer expires, the prices listed therein are no longer guaranteed.
9.2 All prices listed in the offer from the partner—who is a member of the Bike Shop Network—are communicated to the Customer by that partner.
9.3. All prices are listed in euros and include VAT for the Customer.
- AGREEMENT
An Agreement is formed under the terms of these Terms and Conditions between the partner, a member of the Bike Shop Network, and Cycle Valley when an order placed by the Customer is considered final.
- PAYMENT
11.1. The invoice issued by the partner, a member of the Bike Shop Network, is sent to Cycle Valley and must always be accompanied by the delivery receipt signed by the partner and the Customer, confirming the Customer’s receipt of the product(s) in accordance with the order form.
11.2. Within 15 business days of receiving the invoice and the receipt form signed by the partner—a member of the Bike Shop Network—and the Client, which the aforementioned partner will have sent to Cycle Valley, Cycle Valley will pay the aforementioned invoice.
- FORCE MAJEURE
12.1. In the event of force majeure, Cycle Valley is not obligated to fulfill its obligations toward its partners, the members of the Bike Shop Network, or its Customers. In such a case, Cycle Valley is entitled to suspend its obligations for the duration of the force majeure, or to terminate them if the force majeure is definitive and permanent.
12.2 Cycle Valley also reserves the right to invoke force majeure if the circumstance preventing (further) performance occurs after the time by which it was required to have fulfilled its obligation.
12.3. Force majeure is defined as any circumstance beyond Cycle Valley’s control that makes it wholly or partially impossible for Cycle Valley to fulfill its obligations toward its Customers or the Bike Shop Network. Such circumstances include, but are not limited to: strikes, lockouts, labor disputes, pandemics, war, revolution, fire, technical malfunctions, power outages, disruptions to networks (including telecommunications) or communication systems used, and/or the unavailability of its Website, failure or delay in delivery by suppliers or other third parties, and failure to obtain government approval.
- LIABILITY
13.1. Under no circumstances and in no way shall Cycle Valley be held liable for damages of any kind resulting from improper use by the Customer or by a partner who is a member of the Bike Shop Network, of the products sold, including damage resulting from failure to follow the instructions for use of these products or failure to comply with the maintenance requirements for said products.
In particular, Cycle Valley cannot be held liable in the event of normal wear and tear of the product, negligence of any kind on the part of the user, modification of the product by the Customer or a third party, or poor maintenance or lack of maintenance of the product by the Customer.
13.2 Cycle Valley is not the manufacturer of the products supplied. Cycle Valley cannot be held liable for any lack of conformity of the products attributable to the manufacturers. The aforementioned manufacturers remain liable in that capacity for any damage caused by a defect in the delivered products.
13.3 Cycle Valley is not liable for any damages, of any kind, resulting from the improper delivery of products and services by the partner, a member of the Bike Shop Network, suppliers, or third parties.
13.4. The partner, a member of the Bike Shop Network, shall indemnify Cycle Valley against any claim made by the Customer against it in connection with Articles 13.1, 13.2, and 13.3 of these Terms and Conditions. The partner undertakes to respond within a reasonable period of time and to indemnify Cycle Valley for any resulting damages and interest.
- RETENTION OF TITLE
Ownership of all products sold and delivered to Cycle Valley by the partner, a member of the Bike Shop Network, shall transfer to Cycle Valley as soon as all the terms and conditions of these General Terms and Conditions have been met, including payment of the final invoice by Cycle Valley to the aforementioned partner.
- INTELLECTUAL PROPERTY
15.1. The text, layout, illustrations, photos, and other elements on the Site www.cyclevalley.be are protected by copyright and, in general, by the principles of intellectual property law. The content of the Site may not be copied. The content may not be modified, posted on another site, or published in any form without the prior written consent of Cycle Valley. This Site may also contain text, illustrations, and other material protected by the copyrights of third parties. By making use of this content, Cycle Valley does not in any way, under any circumstances, or to anyone, grant permission to use the intellectual property of these third parties.
15.2. The Cycle Valley brand, images, designs, and models are the exclusive property of Cycle Valley and may not be used without Cycle Valley’s express permission.
- CHANGES TO THE SERVICE OR THE TERMS AND CONDITIONS
16.1 Cycle Valley reserves the right to modify its Website, procedures, and Terms and Conditions at any time.
16.2. The Terms and Conditions in effect at the time an order is placed between the Customer and the partner, a member of the Bike Shop Network, shall serve as a reference, unless a change to these terms is required by law. In that case, these changes may apply to orders placed prior to the change.
- PROTECTION OF PERSONAL DATA
17.1 As soon as a new partner joins the Bike Shop Network, its information will be added to Cycle Valley’s Suppliers database. Cycle Valley acts in strict compliance with data protection laws and will not disclose to third parties any information provided to it by the partner in question as confidential. At that time, Cycle Valley will add the sign of the partner—a member of the Bike Shop Network—to the shop locator (a webpage designed specifically for this purpose), making it easier for Customers to find the partner.
17.2. In its dealings with certain of its Customers or partners—members of the Bike Shop Network—who act as natural persons, Cycle Valley may have access to and/or process personal data within the meaning of the Act of August 1, 2018, on the protection of natural persons with regard to the processing of personal data in criminal matters and matters of national security (hereinafter referred to as the “Personal Data Act”). In such cases, Cycle Valley undertakes to comply with the Act of July 30, 2018, on the protection of natural persons with regard to the processing of personal data and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data (General Data Protection Regulation).
See the Privacy Policy on the website www.cyclevalley.be
17.3. Cycle Valley is committed to respecting the confidential information of its Customers and its partners, members of the Bike Shop Network, and therefore undertakes to strictly confidential or to observe the utmost confidentiality with regard to the techniques, resources, methods, processes, and confidential knowledge of its Customers and its partners—members of the Bike Shop Network—of which Cycle Valley has become aware in the performance of agreements binding them.
17.4. The partners, who are members of the Bike Shop Network, agree to respect the confidential information of Cycle Valley, its partners, and its Customers. They therefore undertake to keep all non-public information they collect strictly confidential, or to observe the utmost confidentiality with regard to the techniques, resources, methods, processes, and confidential knowledge of Cycle Valley, its customers, and its other partners, of which the partners—members of the Bike Shop Network—have become aware during the performance of these Terms and Conditions.
The aforementioned partners also undertake to comply with the Act of July 30, 2018, on the protection of natural persons with regard to the processing of personal data, and Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data.
They agree to indemnify Cycle Valley against any claims by third parties or Customers in this regard.
17.5. Cycle Valley reserves the right to send email communications regarding its commercial activities or those of its Customers and partners, members of the Bike Shop Network. Each email will include instructions allowing the recipient to opt out of the corresponding mailing list, if they so desire. By joining the Bike Shop Network, partners also give Cycle Valley their consent to send them newsletters.
- MAINTENANCE SERVICES
18.1. The partners, who are members of the Bike Shop Network, are committed to providing and guaranteeing professional maintenance services for bicycles and scooters purchased or leased through the Cycle Valley platform.
They therefore guarantee the maintenance of all bicycles and scooters that are part of the Cycle Valley fleet, including those purchased by Cycle Valley customers through another partner—a member of the Bike Shop Network. As a result, customers have the option to have their bicycle or scooter serviced by the partner—a member of the Bike Shop Network—of their choice.
18.2. In the event of damage to the bicycle that requires repair, the Customer must notify Cycle Valley in writing immediately and no later than 5 days after the damage occurs.
The Customer has the option to have repairs performed by a certified and qualified bicycle dealer who is a member of the Bike Shop Network of bicycle shops. In this case, the Customer bears the costs directly. Cycle Valley cannot be held liable in any way for damage resulting from the Customer’s decision to perform the aforementioned repairs themselves. This precludes the partner, a member of the Bike Shop Network, from holding Cycle Valley liable.
If the Customer requests that Cycle Valley perform the repair, Cycle Valley will provide the Customer with a quote (based on an hourly rate and the cost of parts). Cycle Valley will invoice the Customer separately for the amount of this quote. Cycle Valley reserves the right to engage third parties to perform these repairs.
18.3. Maintenance will be performed annually. To that end, Cycle Valley will send an email to customers so they can schedule an appointment for their bike’s maintenance.
In the case of a bicycle lease agreement between Cycle Valley and the Customer, the Customer shall, upon confirmation of their order, specify a minimum and maximum budget for the bicycle’s annual maintenance, depending on the type of bicycle and frequency of use. The Customer and its employees are therefore bound by this budget. Cycle Valley reserves the right to adjust the proposed budgets whenever it deems necessary. In particular, to account for changes in labor costs, the costs of materials and parts, etc., Cycle Valley reserves the right to modify the proposed budgets at any time.
18.4. Any repair costs that exceed the maintenance budget are the direct responsibility of the Customer.
Maintenance invoices covered by the maintenance budget selected by the Customer must include the frame number of the bicycle in question and the Customer’s identification information. These invoices must be uploaded to the Cycle Valley digital platform within 48 hours of delivery by the partner, a member of the Bike Shop Network.
Any costs not covered by the maintenance budget selected by the Customer will be communicated directly to the Customer by the partner, a member of the Bike Shop Network.
- MISCELLANEOUS PROVISIONS
19.1. If any provision of the Terms and Conditions is declared null and void, invalid, unlawful, or unenforceable for any reason, it is agreed that the remaining provisions shall remain in full force and effect. The void, invalid, unlawful, or unenforceable provision shall be replaced retroactively by a valid and enforceable provision whose content approximates that of the original provision as closely as possible.
19.2. The parties agree that they may exchange information necessary for the performance of these Terms and Conditions electronically. Any electronic communication between them shall have the same evidentiary value as a written document on paper.
- DISPUTE RESOLUTION
20.1. If partners, members of the Bike Shop Network, suppliers, or customers wish to obtain further information about Cycle Valley’s services or have a complaint or claim, they should always contact Cycle Valley via the email address info@cyclevalley.be, in order to seek an amicable resolution before taking legal action.
20.2. These Cycle Valley Terms and Conditions and all Agreements arising therefrom are governed exclusively by Belgian law.
20.3. In the event of a dispute, controversy, or claim relating to these Terms and Conditions and the Agreements arising therefrom—in particular, but not exclusively, regarding their formation, validity, binding effect, interpretation, performance, breach, or termination, as well as any non-contractual claim, the Parties shall endeavor to resolve the dispute through mediation. The Parties shall appoint a mediator from among those recognized by the Federal Mediation Commission.
Mediation shall begin no later than fifteen days after a party has notified the other parties of its request for mediation, and mediation shall not last longer than sixty days, unless the parties have expressly agreed otherwise.
20.4. In the absence of mediation or any other amicable settlement between the Parties, only the courts of Brussels (Belgium) shall have exclusive jurisdiction to hear any dispute arising from the validity, interpretation, performance, or non-performance, suspension, or termination of these Terms and Conditions, regardless of the place of delivery of the products and services, the registered office of the partner, the member of the Bike Shop Network, or the supplier, or of the Customer.