General terms and conditions
- PREAMBLE
The present General Terms and Conditions and the Special Terms and Conditions concluded between Cycle Valley, the Bike Shop Network and the Customers constitute the entire contractual framework applicable to the interactions that take place between the Parties. They cancel and replace any other previous agreement (unless expressly agreed otherwise in writing by the Parties).
In the event of a contradiction between these General Terms and Conditions and the Special Terms and Conditions expressly agreed between Cycle Valley, the Bike Shop Network and Customers, the said Special Terms and Conditions shall prevail.
This preamble forms an integral part of the General Terms and Conditions.
- IDENTITY OF CYCLE VALLEY
Cycle Valley SRL
Registered office: Alfons Gossetlaan, 40 – 1702 Groot-Bijgaarden
Email: info@cyclevalley.be
Website: www.cyclevalley.be
VAT identification number: BE0667.738.102
CBE number: 0667.738.102
- DEFINITIONS
The terms used in these General Terms and Conditions or on the Cycle Valley website must be understood in the following manner:
3.1 Cycle Valley: The limited liability company Cycle Valley (hereafter Cycle Valley). Cycle Valley has developed a digital platform, which connects and redirects its own Customers to the Bike Shop Network. Several options are then offered on this platform, enabling Customers who have chosen the Partner, member of the Bike Shop Network, to purchase bikes, or lease them, or order equipment, accessories and related services.
3.2. The Bike Shop Network: All of Cycle Valley’s Partner shops, which are part of the network assembled by Cycle Valley and which use the aforementioned platform to be put in contact with Cycle Valley’s Customers and to offer them the products and services referenced on the aforementioned 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 bike, accessories or equipment, or to order related services.
3.4. GTC: These General Terms and Conditions.
3.5. Site: The Cycle Valley Internet site provides access to the digital platform in question in order to connect and redirect its own Customers to the Bike Shop Network. But also to offer the aforementioned services. The Site is accessible at the following address: www.cyclevalley.be
3.6. The Parties: All Parties who act within the framework of these GTC, i.e. the Customers, Cycle Valley and the members of the Bike Shop Network.
- ACCEPTANCE OF THE GTC
4.1. Customers and members of the Bike Shop Network acknowledge that they have read these GTC and, by using the services offered on the digital platform, expressly accept them without reservation, which constitutes acceptance of the GTC.
4.2. Unless otherwise agreed in writing, Cycle Valley does not recognize the General Terms and Conditions of the Parties, as specified in article 3.6, or those of third-parties.
- PRODUCTS AND SERVICES
As indicated in article 3.1, Cycle Valley has developed a digital platform which connects and redirects its own Customers to the Bike Shop Network, and lists the various options available to them. Customers can then go to the shop of their choice, which is a member of the Bike Shop Network, to potentially purchase or lease bikes, equipment, accessories and order related services.
- COMMITMENTS OF THE PARTIES
6.1. The Parties declare that they are legally capable or duly represented by those entitled to do so in order to bind themselves legally.
6.2. The Parties undertake to provide all the information required in accordance with these GTC and to ensure that it is true, accurate and up-to-date.
In this way, the Partner, member of the Bike Shop Network, will ensure that all the information requested on the digital platform is filled in correctly.
6.3. Cycle Valley can in no way be held responsible for errors made by Customers or members of the Bike Shop Network during the encoding of said information, nor for damage generated by these errors.
- ORDER
7.1. In order to place an order, the Customer connects to Cycle Valley’s digital platform, which informs them of the options available to them. The Customer is then redirected to a Partner, member of the Bike Shop Network, who will give to the Customer a price offer. After approval of this offer and signature of the Bike policy by the Customer, an order form is provided by Cycle Valley to the Partner in question, who then confirms the validity of the order to the Customer.
7.2. An order is considered definitive when the following three cumulative conditions are met:
- The Partner, member of the Bike Shop Network, receives the authentic order form sent by Cycle Valley;
- The Partner, member of the Bike Shop Network, confirms to Cycle Valley that it is able to take on such an order and that it agrees to take responsibility for it;
- This Partner, in possession of the order form, will then confirm the order to the Customer.
7.3. Under no circumstances does the mention of a delivery time constitute a commitment on the part of Cycle Valley. Therefore, the Customer may not hold Cycle Valley liable in the event of 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 insurance and breakdown assistance have been offered by Cycle Valley to Customers, Partners, member of the Bike Shop Network, will not be able to offer the insurance and breakdown assistance option in their offer.
7.5. Cycle Valley reserves the right not to validate orders made by the Customer, if the procedure to be followed for an order has not been finalized by the Customer.
7.6. All the information provided by the Customers, during the encoding of the data inherent in their order, engages them. Cycle Valley can in no way be held responsible for errors made by Customers in the wording of their details or those of the recipient of the products and services ordered, or those made by the Partner, member of the Bike Shop Network, when the latter uses the said data, nor for delays in delivery or the impossibility of delivering the products and services ordered that these errors could cause.
7.7. Customers agree to receive an electronic version of the invoice corresponding to their order.
- DELIVERY, CONFORMITY AND GUARANTEE
8.1. In the absence of a written agreement to the contrary, delivery will be made to the premises of the Partner, member of the Bike Shop Network, concerned by the order.
8.2. Any delivery or shipping costs will be communicated and indicated in the offers before the order is confirmed. By placing an order, Customers undertake to pay the said costs, subject to any Agreements to the contrary expressly concluded between the Parties.
8.3. A product which, under the terms of the law, must be provided with a number plate, will only be delivered to the Customer once the said number plate has been received by the Partner, member of the Bike Shop Network. Cycle Valley cannot be held responsible for any delay caused by the delivery of this number plate.
8.4. The Partner, member of the Bike Shop Network, guarantees that the products and services comply with the order, that they meet normal expectations, taking into account the specifications of the products, and that they comply with all legal requirements and provisions in force at the time the order is placed.
The Partner, member of the Bike Shop Network, in its capacity as supplier, complies with the legal and regulatory obligations imposed on suppliers in terms of warranty.
8.5. Upon receipt of the products and services ordered, the Customer and the Partner, member of the Bike Shop Network, are immediately obliged to carefully inspect the said products in order to confirm that they comply with the requirements of the order.
At this point, the Customer must familiarize himself/herself with the conditions of use of the products delivered, as set out in the instructions for use which are also supplied to him/her by the aforementioned Partner.
After this careful inspection, which takes place on delivery, the Customer and the Partner, member of the Bike Shop Network, will sign a delivery note. The signing of this document is equivalent to attestation of the aforementioned conformity and initiates the start of the warranty period. The signed document, together with the invoice, must then be sent to Cycle Valley by the Partner, member of the Bike Shop Network, within 48 hours of delivery.
8.6. A product delivery will be fully completed once the Customer has been identified by the Partner, member of the Bike Shop Network, and the receipt form has been signed by the Customer and the said Partner.
8.7. The costs associated with warranty claims, and in particular the costs of returning a defective product, are borne by the Partner, member of the Bike Shop Network, with the exception of the shipping costs that the Customer must bear in order to return a product if it turns out that this product conforms to the order.
8.8. In the event of a defect not detectable at the time of receipt of the product, the Customer must notify the Partner, member of the Bike Shop Network, in writing, within 2 days of its discovery and at least within 2 years of the delivery/receipt of the product.
If the defect appears more than 6 months after receipt of the product, the Customer must provide proof of the existence of the defect at the time of receipt, bearing in mind that the product guarantee will not be payable in the event of failure to comply with the instructions for use and maintenance of the said products or if the defect was not present at the time of delivery.
8.9. Cycle Valley can in no way be held to a guarantee obligation towards the Customer, in cases where the Partner, member of the Bike Shop Network, or the Manufacturer cannot themselves be forced to assume a similar obligation towards Cycle Valley or are not themselves in a position to fulfil it towards the Customer due to the fact that they (the Partner, member of the Bike Shop Network or the Manufacturer) are in a state of bankruptcy, judicial reorganization, liquidation or in a comparable situation.
8.10. Under no circumstances can Cycle Valley be held responsible for indirect damage resulting from non-conforming delivery of products, a delay in making products available, or visible or hidden defects in said products.
- PRICE
9.1. Prices are fixed and guaranteed throughout the period of validity of the offer, unless legal measures make it necessary to increase them. On expiry of the offer, the prices stated therein are no longer guaranteed.
9.2 All the prices mentioned in the offer of the Partner, member of the Bike Shop Network, are communicated to the Customer by the said Partner.
9.3. All prices are quoted in euros and include VAT for the Customer.
- AGREEMENT
An Agreement is formed under the terms of these GTC between the Partner, member of the Bike Shop Network, and Cycle Valley, when an order placed by the Customer is considered definitive.
- PAYMENT
11.1. The invoice drawn up by the Partner, member of the Bike Shop Network, will be sent to Cycle Valley and must always be accompanied by the delivery note signed by the said Partner and the Customer, certifying receipt of the product(s) by the Customer, in accordance with the order form.
11.2. Within 15 working days of receipt of the invoice and the receipt form signed by the Partner, member of the Bike Shop Network, and by the Customer, which will have been sent to Cycle Valley by the said Partner, Cycle Valley will pay the said invoice.
- FORCE MAJEURE
12.1. In the event of Force Majeure, Cycle Valley is not obliged to respect its obligations towards its Partners, member of the Bike Shop Network, or its Customers. In such a case, Cycle Valley has the right to suspend its obligations for the duration during which the Force Majeure is effective, or to cancel them if the Force Majeure is definitive and permanent.
12.2 Cycle Valley also reserves the right to invoke Force Majeure when the circumstances which prevent (the continuation of) the execution of its obligations occur after the moment when its obligations should have been executed.
12.3. Force Majeure is understood to mean any circumstance beyond the control of Cycle Valley as a result of which the fulfilment of Cycle Valley’s obligations towards its Customers or the Partner, member of the Bike Shop Network, is entirely or partially impossible. These circumstances include (but are not limited to): strikes, lock-outs, labor disputes, pandemic, war, revolution, fire, technical incidents, energy failures, disturbances in the networks, (telecommunication) lines or communication systems used and/or the unavailability of its Website, non-delivery or late delivery from suppliers or other third-parties and failure to receive authorization from the authorities.
- LIABILITY
13.1 Cycle Valley cannot under any circumstances and in any way be held responsible for damages of any nature that could result from improper use by the Customer or by the Partner, member of the Bike Shop Network, of the products marketed, including damages that would result from failure to comply with the instructions for use of these products or failure to comply with the maintenance instructions for said products.
In particular, Cycle Valley cannot be held responsible in the event of normal wear and tear of the product, negligence of any kind during use by the user, alteration of the product by the Customer or by a third-party, poor maintenance or lack of maintenance of the product by the Customer.
13.2 Cycle Valley is not the manufacturer of the products delivered. Cycle Valley cannot be held responsible for any defects in conformity of the products which are the fault of the Manufacturers. The aforementioned manufacturers, in this capacity, therefore remain responsible for any damage caused by a defect in the products delivered.
13.3 Cycle Valley cannot be held responsible for damages of any nature, resulting from the incorrect supply of products and services by the Partner, member of the Bike Shop Network, suppliers or third-parties.
13.4. The Partner, member of the Bike Shop Network, will take over any claim made against Cycle Valley by the Customer with regard to articles 13.1., 13.2. and 13.3. of these GTC. The said Partner undertakes to respond within a reasonable period of time and to guarantee Cycle Valley against any resulting damages.
- RETENTION OF TITLE
Title to all products sold and delivered to Cycle Valley by the Partner, member of the Bike Shop Network, shall pass to Cycle Valley as soon as all the conditions of these GTC have been met, including payment of the final invoice by Cycle Valley to the Partner.
- INTELLECTUAL PROPERTY
15.1. The texts, layouts, illustrations, photos and other elements appearing on the www.cyclevalley.be Site are protected by copyright and, in general, by the principles of intellectual property law. The content of the Site may not be copied. It may not be modified, placed on another Site, or published in any form whatsoever, without prior written authorization from Cycle Valley. This Site may also include texts, illustrations and other elements protected by third-party copyright. By making use of these, Cycle Valley does not in any way, under any circumstances and to any person whatsoever, give permission to use the intellectual property of these third-parties.
15.2. Cycle Valley’s trademark, images, designs and models are the exclusive property of Cycle Valley and may not be used without Cycle Valley’s express agreement.
- MODIFICATION OF THE SERVICE OR THE GENERAL TERMS AND CONDITIONS
16.1 Cycle Valley reserves the right to modify its Website, its procedures and its GTC at any time.
16.2. The GTC in force at the time an order is placed between the Customer and the Partner, member of the Bike Shop Network, will be the reference GTC, unless a change to these conditions is required by legislation. In this case, these changes may apply to orders placed prior to the change.
- PROTECTION OF PERSONAL DATA
17.1 As soon as a new Partner becomes a member of the Bike Shop Network, its data will be incorporated into Cycle Valley’s Suppliers file. Cycle Valley operates in strict compliance with data protection legislation and will not transfer to third-parties any data communicated to it as confidential by the said Partner. On this occasion, Cycle Valley adds the sign of the Partner, member of the Bike Shop Network, to the shop locator (web page specially designed for this purpose), which makes it easier for Customers to find the Partner.
17.2. In its dealings with some of its Customers or Partners, member of the Bike Shop Network, who act as natural persons, if any, Cycle Valley may be required to access and/or process personal data within the meaning of the law of 1 August 2018 relating to the protection of natural persons with regard to the processing of personal data in criminal matters as well as in matters of national security (hereinafter referred to as the “Personal Data Law”). In such a case, Cycle Valley undertakes to comply with the Law of 30 July 2018 on the protection of individuals with regard to the processing of personal data and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
See the Privacy Policy on the www.cyclevalley.be website.
17.3. Cycle Valley undertakes to respect the confidential information of its Customers and its Partners, member of the Bike Shop Network, and therefore undertakes to keep strictly confidential all information collected which is not in the public domain, or to observe the utmost confidentiality regarding the techniques, means, methods, procedures and confidential knowledge of its Customers and its Partners, member of the Bike Shop Network, of which Cycle Valley has become aware during the execution of agreements which bind them.
17.4. The Partners, member of the Bike Shop Network, undertake to respect the confidential information of Cycle Valley, its Partners and its Customers. They therefore undertake to keep strictly confidential all information collected which is not in the public domain, or to observe the utmost confidentiality regarding the techniques, means, methods, processes and confidential knowledge of Cycle Valley, its Customers and its other Partners, of which the Partners, member of the Bike Shop Network, have become aware during the execution of these GTC.
The said Partners also undertake to comply with the Act of 30 July 2018 on the protection of individuals 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 individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
They undertake to indemnify Cycle Valley against all claims by third-parties or Customers in this respect.
17.5. Cycle Valley reserves the right to send communications by e-mail concerning its commercial activities or those of its Customers and Partners, member of the Bike Shop Network. Each email will contain instructions allowing the recipient to be removed from the corresponding list, if they wish to do so. In addition, by becoming members of the Bike Shop Network, Partners give their consent for Cycle Valley to send them newsletters.
- MAINTENANCE SERVICES
18.1. The Partner, member of the Bike Shop Network, undertake to provide and guarantee professional maintenance services for bikes and scooters purchased or leased through the Cycle Valley platform.
They therefore guarantee the maintenance of all the bikes and scooters that are part of the Cycle Valley fleet, including the bikes and scooters of Cycle Valley Customers who have acquired them through the intermediary of another Partner, member of the Bike Shop Network. Consequently, Customers have the possibility of having their bike or scooter maintained by the Partner, member of the Bike Shop Network, of their choice.
18.2. In the event of damage to the bike requiring repair, the Customer must inform Cycle Valley in writing immediately and no later than 5 days after the damage occurred.
The Customer can have repairs carried out directly by an approved and qualified Bike Shop who is a member of the Cycle Valley Bike Shop Network. In this case, the costs are borne directly by the Customer. Cycle Valley will under no circumstances be held responsible for any damage caused as a result of the Customer’s choice to carry out said repairs themselves. This excludes any possibility for the Partner, member of the Bike Shop Network, to involve Cycle Valley in the dispute.
If the Customer requests Cycle Valley to carry out the repair, Cycle Valley will provide the Customer with a quotation to this effect (based on an hourly rate and the price of spare parts/spare parts). The price of this offer will be invoiced separately by Cycle Valley to the Customer. Cycle Valley reserves the right to call on third-parties to carry out these repairs.
18.3. Maintenance will be carried out on an annual basis. To this end, Cycle Valley will send Customers an email so that they can make an appointment to have their bike serviced.
In the case of a bike leasing contract concluded between Cycle Valley and the Customer, the latter determines, at the time of confirming his order, a minimum and a maximum budget for the annual maintenance of the bike, depending on the type of bike and the frequency of its use. The Customer and its employees are therefore bound by this budget range. Cycle Valley reserves the right to update its proposed budgets as soon as it seems necessary. In order to take into account changes in labor costs, the cost of materials and parts, etc., Cycle Valley reserves the right to modify its proposed budgets at any time.
18.4. Any repair costs in excess of the maintenance budget shall be borne directly by the Customer.
The maintenance invoices covered by the maintenance budget chosen by the Customer must imperatively mention the frame number of the bike concerned and the identity of the Customer. The said invoices will be uploaded to the Cycle Valley digital platform within 48 hours of delivery by the Partner, member of the Bike Shop Network.
All costs not covered by the maintenance budget chosen by the Customer will be communicated directly to the Customer by the Partner, member of the Bike Shop Network.
- MISCELLANEOUS PROVISIONS
19.1. If any provision of the GTC is declared null, invalid, illegal or unenforceable for any reason whatsoever, it is agreed that the other provisions shall remain in full force and effect. The void, invalid, illegal or unenforceable clause will be replaced retroactively by a valid and enforceable clause that is as close as possible to the content of the original clause.
19.2. The Parties agree that they may exchange the information necessary for the performance of these GTC by electronic means. Any electronic communication between them shall have the same evidential value as a written document on paper.
- SETTLEMENT OF DISPUTES
20.1. If Partners, member of the Bike Shop Network, suppliers or Customers wish to obtain further information concerning Cycle Valley’s services or if they have a complaint or claim to make, they will always prefer to contact Cycle Valley via the e-mail address info@cyclevalley.be, in order to seek an amicable solution, before taking any legal action.
20.2. Only Belgian law is applicable to the present Cycle Valley General Terms and Conditions and to all Agreements arising therefrom.
20.3. In the event of any dispute, controversy or claim concerning these GTC and the agreements arising therefrom, relating in particular but not exclusively to their formation, validity, binding effects, interpretation, performance, breach or resolution, as well as any extra-contractual claim, the Parties will attempt to resolve the dispute by mediation. The Parties shall appoint a mediator from among the mediators approved by the Federal Mediation Commission.
The mediation shall begin no later than 15 days after the request for mediation notified by one Party to the other Parties and the duration of this mediation may not exceed 60 days, unless the Parties expressly agree otherwise.
20.4. In the absence of mediation or any other amicable agreement between the Parties, only the Courts and Tribunals of Brussels (Belgium) will be competent to hear any dispute arising from the validity, interpretation, performance or non-performance, interruption or termination of these GTC, regardless of the place of delivery of the products and services, the registered office of the Partner, member of the Bike Shop Network, or supplier, or of the Customer.