Terms of Service
A. GENERAL TERMS AND CONDITIONS
- Applicability
1.1 The following terms and conditions of UD-Bikes Europe S.L. (hereafter referred to as the "seller") apply to all contracts concluded between a consumer or corporate customer (hereafter referred to as the "customer") and the seller concerning the merchandise and/or services presented by the seller on its website. The inclusion of the customer’s own conditions is hereby excluded unless otherwise agreed.
1.2 For the purposes of these General Terms and Conditions, a consumer is defined as any individual who concludes a legal transaction with a purpose that cannot be attributed to either commercial or freelance activity. A corporate customer, within the scope of these General Terms and Conditions, is defined as any natural or legal entity or a business partnership with legal status, which acts in fulfillment of its commercial or freelance activities when concluding a legal transaction.
- Conclusion of the Contract
2.1 The presentation of products on the seller’s website does not constitute a binding offer but rather a non-binding online catalog. By submitting the order form on the website, both parties have not yet agreed to a binding contract. The seller will send a binding offer after the order form has been filled out and submitted by the customer.
2.2 We will accept your order by sending a statement of acceptance in a separate e-mail. When delivery terms are indicated as working days, they are understood as weekdays with the exception of Saturdays and Sundays.
2.3 After the customer's payment has been registered in the seller's bank accounts, the seller's offer is accepted, and both parties enter into a binding contract.
- Cancellation Policy
Right of Withdrawal: You have the right to withdraw from this contract within 14 days without giving any reason. To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post, fax, or e-mail).
Important: This right of withdrawal does NOT apply to products built you a special customer specification (Special colors and paints, custom seats, custom set-ups or custom-built vehicles).
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of Withdrawal: If you withdraw from this contract, promptly and no later than fourteen days after the date on which we received the concerned item, we must reimburse to you all payments we have received from you, excluding bank transfer costs.
You must send the returning item to one of our warehouses. The deadline is met if you send the goods prior to the expiry of the 14-day deadline.
Important: You must bear the direct costs of returning the goods (Shipping and restocking fee)
The returned item must be unused and in the same condition that you received it. It must also be in the original packaging. You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
- Prices and Terms of Payment
4.1 The prices quoted by the seller are final and include the statutory Portuguese VAT. Additional delivery and shipping costs that may apply will be stated separately in the offer for each product presentation.
4.2 Our only payment option for our bicycles is a bank transfer. We will state our bank details in the offer. Payments for apparel and other articles can be made by credit card payment in the checkout procedure on the website.
For deliveries to countries outside the European Union, in individual cases, additional costs for which the seller is not responsible may apply and must be borne by the customer. These include, for example, costs for money transfer by credit institutes (e.g., bank transfer fees, foreign exchange fees) or import duties or levies (e.g., customs duties). This especially applies to customers from Switzerland.
- Delivery and Shipping Conditions
5.1 The goods shall be normally delivered via the transport routes and to the delivery address specified by the customer. For processing the transaction, the seller's delivery address stated in the order processing is deemed authoritative.
5.2 The delivery time is stated in our offer sent by email to you.
5.3 The seller offers the following delivery methods: Standard delivery (Dachser). Other delivery methods only by individual request. Other delivery methods entail additional charges that shall be borne by the customer.
5.4 Delivery costs will be specifically and separately offered upon order.
5.5 Should not all ordered products be in stock, we are entitled to make partial deliveries at our expense, insofar as this is reasonable for you.
5.6 If the delivery of the goods fails three times, we are entitled to withdraw from the contract. If necessary, any payments made will be promptly reimbursed to you.
5.7 If goods are delivered with obvious transport damages, please immediately complain about such mistakes to the deliverer and get in contact with us as soon as possible.
- Liability for Defects
The statutory liability for defects shall apply.
- Applicable Law
7.1 The laws of Spain apply to all legal relationships of the parties, excluding the laws governing the international sale of commodities. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory legal provisions of the law of the country or state in which the consumer normally resides.
7.2 If the customer is a merchant, public entity, or a special fund under public law, the sole place of jurisdiction for all disputes resulting from this contract is the seller's business location. The same applies if the customer has no general jurisdiction in Spain or the EU, or residence, or if the usual place of residence is unknown at the time of commencement of an action. The authority to also invoke the court of another legal jurisdiction remains unaffected by this.
7.3 The contract language is English. However, our offers are in the language of your choosing, and the payment receipts are in Portuguese (as required by law).
- Reservation of Title
The goods shall remain our property until payment is made in full. Before the transfer of ownership, the customer is not entitled to pledge, assign as security, process, or remodel merchandise without our consent.
- Warranty
The warranty provided is subject to applicable statutory provisions. However, it is important to note that we retain the right to withhold warranty coverage for the engine and controller in cases where the thumb throttle has been installed. If you have any inquiries or require additional information concerning this matter, please feel free to contact us at [email protected].
- Final Provisions
If any provision of these Terms and Conditions is or becomes invalid, the remainder of the contract shall remain valid. In place of the invalid provision, the relevant statutory provisions shall apply.