Terms of Sale
The legal relationship established between Ahooga SPRL, Chaussée d'Alsemberg 386, B-1180 Brussels, registered in the Belgian Trade and Companies Register under number 0633.687.835 (hereinafter “Ahooga”) and any person who would like to place a purchase order through www.ahooga.bike, shop.ahooga.bike, www.ahooga.myshopify.com, www.ahooga.life, www.ahoogabike.com, www.ahoogabikes.com, www.ahooga.be or www.ahooga.eu, (hereinafter the “Client”) will be exclusively governed by the present Terms and Conditions of Sale (hereinafter Terms and Conditions). Any other conditions or modifications of the present Terms and Conditions are only applicable in case of written consent by Ahooga.
If you should have any questions or complaints concerning the products (hereafter also “goods”) offered for sale on www.ahooga.bike, shop.ahooga.bike, www.ahooga.myshopify.com, www.ahooga.life, www.ahoogabike.com, www.ahoogabikes.com, www.ahooga.be or www.ahooga.eu (hereinafter the “Website”), or with the present Terms and Conditions, please contact Ahooga:
by using the Contact Us form on the Website (www.ahooga.bike); or
by mail on the following address: Ahooga, Marketing, Chaussée d'Alsemberg 386, B-1180 Brussels
To place an order the Client must be at least 18 years old and reside in either Belgium, The Netherlands, Luxembourg, France, Germany, Austria, Switzerland, Italy, Spain, Portugal, United Kingdom, Norway, Finland or Sweden.
By placing an order on the Website the Client explicitly confirms to have read and agreed with the Terms and Conditions. Ahooga reserves the right to modify these Terms and Conditions at all times, without any prior warning, in order to comply with the (changing) legal obligations or to improve our service for you. Each time the Client wishes to place an order through the Website, he or she must ensure to have read and understood the Terms and Conditions applicable at the time when he or she enters into an agreement with Ahooga.
OBJECT AND CLOSURE OF THE AGREEMENT
Ahooga offers the possibility to purchase the products offered on the Website. The present Terms and Conditions are meant to determine the modalities concerning the order, i.e. the sale, concluded via the Website between Ahooga and the Client. This concerns, among others with the placing, payment, delivery and revocation of the sale.
The offers on the Website are only of an informative nature, unless otherwise mentioned in writing. The offers are always non-binding. Furthermore the offers only last until expiration of the stock.
The Client has the possibility via the web shop to choose and buy products offered for sale on the Website, in the desired quantity, by clicking on the button “Buy Now”.
Each transferred order is wholly binding on the Client, but Ahooga is only bound when a confirmation of the order has been sent via e-mail. We advise you to print and save this e-mail. Ahooga reserves the right to refuse each order without stating any reasons. An order is considered to be processed and approved from the moment when the Client receives a confirmation of the order via e-mail. After receiving the e-mail, an agreement (hereinafter the “Agreement”) will be established between Ahooga and the Client.
If the Client places an order of which the total value exceeds 10.000 EUR, Ahooga will ask to Client for further information as to the nature and intention of his or her purchase. In case the Client would fail to provide reliable information, Ahooga reserves the right to refuse the order without stating any reasons.
Any inaccuracies or alleged inaccuracies in the confirmation of the order must be reported by the Client in writing within eight (8) days from the date of dispatch of the confirmation of the order. Failure to fulfil this requirement will result in the revocation of the Agreement.
If Ahooga is incapable of delivering a good, for example because the stock has expired or because of an error in the displaying of the price as described below, Ahooga will contact the Client via e-mail as soon as possible. If a product should no longer be in stock, Ahooga reserves the right to offer a replacement good to the Client of an equivalent quality and price.
In case the Client has already paid the goods, Ahooga will reimburse the Client as soon as possible using the same payment method as the Client when placing the order.
PRODUCT INFORMATION ON THE WEBSITE
The images of the products on the Website are only meant for illustrative purposes. Although Ahooga has ensured all efforts to provide an accurate representation of the products, Ahooga can not ensure that all the colors on the screen of the Client are an exact match with the actual colors of the product. The products received by the Client can slightly differ from the images provided on the Website.
Even though Ahooga undergoes all efforts to be as accurate as possible, all sizes, dimensions, weights and content presented on the Website, can contain reasonable deviations.
The Client has the right to withdraw from the Agreement within fourteen (14) days without stating any reasons. The term of withdrawal expires fourteen (14) days after the day on which the Client, or any third party designated by the Client, acquires physical possession of the goods.
To exercise his or her withdrawal right, the Client must inform Ahooga about his or her intention to withdraw from the Agreement by means of an unambiguous statement (e.g. a letter sent by post, or e-mail) in this regard. The Client can also use the model form attached to the present Terms and Conditions as Annex 1.
To meet the withdrawal deadline, it is sufficient for the Client to send the aforementioned statement or communication concerning the exercise of the withdrawal right before the withdrawal period has expired.
The Client must inform Ahooga via e-mail of his or her intention to send the goods back, with indication of the order reference, the product(s) concerned and the quantity thereof. To return products, the Client shall ship his or her product to: Ahooga SPRL, Chaussée d'Alsemberg 386, B-1180 Brussels, Belgium. A reimbursement will be carried out after the products have been received and checked at the offices of Ahooga. The Client will bear any and all costs relating to the sending back of the products. In case several products are being sent back at the same time by the Client, it is required to send back each of the products separately.
If the Client withdraws from this Agreement, Ahooga shall reimburse the Client all payments received from the latter, including the costs of delivery (with the exception of the supplementary costs resulting from the choice of a type of delivery other than the least expensive type of standard delivery offered by Ahooga), without undue delay and in any event not later than fourteen (14) days from the day on which Ahooga is informed about the decision of the Client to withdraw from this Agreement. AHOOGA will carry out such reimbursement using the same means of payment as the Client used for the initial transaction, unless the Client has expressly agreed otherwise; in any event, the Client will not incur any fees as a result of such reimbursement.
The Client shall be liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.
The Client can, in addition to any case listed in article VI. 53 of the Belgian Code of Economical Law, not invoke his/her right of withdrawal if:
- the delivered goods are customized to the indications and desires of the Client;
- the delivered goods are of a personal nature;
- the delivered goods are incomplete, damaged, soiled or used in a significant way by the Client.
In case the Client sends back orders in an excessive manner, Ahooga reserves the right to refuse future orders.
PRICE AND PAYMENT
The price of the goods is indicated in euro (EUR), and includes VAT. The prices are the prices applicable on the day of the offer on the Website.
Ahooga will undertake the utmost effort to ensure that the payment of the goods will proceed as efficiently and safe as possible. To ensure this, Ahooga relies on the safe and reliable services of Shopify Inc. The latter provides Ahooga with an online e-commerce platform which allows Ahooga to sell the products on the Website.
The Client will pay the price when placing his or her order, unless specifically otherwise mentioned in writing. The Client will perform his or her payment obligation by means of Visa, Mastercard, American Express, Diners Club, Discover, Jcb, Maestro or Bank transfer. Ahooga will not charge any management or collection costs for the payment of the goods, unless this is specifically mentioned.
The payment of the full price must occur at the time of placing the order. The dispatch by Ahooga, will only occur after Ahooga has received the full amount of the payment.
In case Ahooga and the Client explicitly agree that payment will not be performed at the time of placing the order, the Client will receive further information from Ahooga concerning the timing and modalities of payment. The Client shall fulfill the requirements of which he or she shall be informed in order to fulfill his payment obligation.
In case of non-payment or late payment or any other problem relating to the payment, the entirety of the payments owed to Ahooga shall become immediately due and payable by operation of law. This amount will be increased by operation of law with yearly interests of 7% of the originally owed amount.
Ahooga will undertake all reasonable measures to ensure the correct presentation of prices of goods on the Website. Despite these efforts, it is still possible that certain goods mentioned on the Website are displayed with an incorrect price. If Ahooga discovers this error in pricing in the goods ordered by the Client, Ahooga will inform the Client thereof and offer to continue the sale at the correct price or allow the Client to cancel the sale. Ahooga will not process the order of the Client until Ahooga receives instructions from the Client. If Ahooga is incapable of contacting the Client via the contact information provided by the Client when placing the order, Ahooga will consider the order to be cancelled and Ahooga will inform the Client in written form. In case the error concerning the price is obvious and unmistakable and could reasonably have been recognized by the Client as an error concerning the price, Ahooga shall not have to deliver the goods at the incorrect (lower) price.
During the ordering process the Client can opt to deliver the goods to the address mentioned in the order. The ordered goods will be delivered as soon as possible. The goods will generally be delivered within thirty (30) days starting from the date of manufacturing of the goods. The delivery date will in any case not be later than three (3) months starting from the day on which the Client fulfilled his payment obligation. An estimated delivery time will be provided by AHOOGA to the Client when placing the order. In case a delivery cannot be guaranteed within the aforementioned delay, Ahooga shall contact the Client to provide information with regard to the expected delivery time.
Ahooga is only obliged to deliver the goods if the full amount of the order has been received.
Any delay concerning the delivery of goods can in no case automatically imply the annulment of the order and/or dissolution of the agreement or the payment of any damages by Ahooga.
The Client is obliged to receive the delivered goods at the agreed upon time and location and must sign the delivery order to acknowledge receipt. Ahooga will only deliver the goods on the ground floor of the establishment of the Client.
In the event that no one is available at the address of the Client to receive the delivery, a notice shall be left, after which the Client can collect the goods at the indicated location or contact the delivery service to establish a new time of delivery.
Visible defects at the outer packaging or any other problems concerning the delivery must be notified on the waybill or be notified to Ahooga by registered mail within a period of thirty (30) calendar days, including a detailed description of the defects and the desire to reimburse or exchange the goods. The concerned goods must also be returned to Ahooga within thirty (30) calendar days.
Notwithstanding the above, the usage of the delivered goods by the Client will constitute an irrevocable acceptance.
The risk of loss and damage to the goods, and the ownership will be transferred to the Client upon delivery.
The Client acknowledges that Ahooga, or any company aligned with Ahooga, remains the exclusive owner of all intellectual property rights concerning all elements of the Website, the production or ordering process, the composition and technical specification of the products. Furthermore, Ahooga remains the sole owner of the name, trade mark and logo used to sell the goods. The Client agrees not to bring any claim concerning the above mentioned intellectual property rights.
WARRANTIES AND LIABILITY
Ahooga guarantees, for 5 years, each new bicycle frame and fork against defects in workmanship and materials. Proof of purchase is required. Other original components mounted on the frame and paintwork against corrosion from inside of frame and fork, have a warranty of 2 years. The warranty does not cover wear parts, normal wear and tear, improper assembly or follow-up maintenance, or improper installation of parts or accessories. The warranty does not apply to damage or failure due to accident, misuse, abuse, neglect, or modification of the frame or components. Ahooga is not responsible for incidental or consequential damages.
If the damage is outside of above-described warranty, we will be glad to assist you and provide you with the replacement part at market price.
To rely on this warranty, the Client must report the defect to Ahooga by registered mail within a term of thirty (30) days after they have been or should have been discovered by the Client and he/she must return the defect product within the same term to Ahooga.
This warranty does not affect the statutory rights of the consumer.
Ahooga will not be liable to the Client if:
- the Client has not used the goods in accordance with the purpose for which they are intended;
- the goods in question were altered, adjusted or repaired;
- the goods in question were damaged by intent or negligence from the Client;
- the goods show defects which result from normal wear and tear.
Ahooga is not liable for or required to compensate immaterial, indirect or consequential damages, including (but not limited to) loss of profit, lost earnings, constraints on production, administrative - or personnel costs, loss of customers or third party claims.
The limitations on liability in the two above paragraphs do not apply in the case of fraud or willful misconduct by Ahooga or personal injury or death caused by Ahooga's failure.
Ahooga is not liable for technical problems that have an impact on the communication of information through its Website. Ahooga is not liable to the Client for any modification, interruption, defect or termination of its Website. Nor is Ahooga liable for websites referenced on its Website.
For the general use of the Website, we refer to the Terms and Conditions of Use (www.ahooga.bike/terms-of-use.html) of the Website.
The Client can ask any questions related to the processing of personal data, to do so please contact AHOOGA, using the Contact Us form, or send an e-mail to the following address: email@example.com.
Upon purchasing products and/or services on the Website, the visitor’s data will be transferred to and stored through Shopify’s data storage, databases and the general Shopify application in order to guarantee a smooth processing of your purchase order. The visitor’s data transferred to Shopify is stored on a secure server behind a firewall by Shopify.
For more information with regard to the use of your data by our partner Shopify Inc. within the framework of a purchase through the Website we refer to Shopify’s Privacy Statement (https://www.shopify.com/legal/privacy).
Neither Ahooga nor the Client is liable for any delay or failure in performance of the Agreement, if it is due to force majeure. Force majeure means, among others: any order from the authorities, mobilization, war, epidemic, lockout, strike, demonstration, technical defects in the transmission of communications, fire, flood, explosion, lack of raw materials or labor, changed global economic circumstances, vandalism, extraordinary weather conditions and all circumstances that lie beyond the control of Ahooga and disrupt the normal course of business, without requiring Ahooga to demonstrate the unexpected nature of these circumstances.
The party invoking force majeure shall notify the other party thereof and shall take all reasonable steps to overcome the temporary force majeure situation.
Should the situation causing the force majeure last for a period of more than ninety (90) days, each party has the right to terminate the Agreement without any form of compensation payable to the other party.
Ahooga can assign the Agreement or any part thereof to any person, firm or company.
The Client is not entitled to transfer the Agreement or any part thereof, without the prior written consent of Ahooga.
Failure or delay by Ahooga in enforcing or partially enforcing any provision of this Agreement shall not be construed as a waiver of any of its rights under the agreement, now or in the future.
If at any time any provision of these terms and conditions of sale are in any way illegal, invalid or unenforceable, or would become so under applicable law, this will not affect neither the legality nor the validity or enforceability of the remaining provisions of these Terms and Conditions and the Agreement, nor damage these in any way. Ahooga and the Client shall make all reasonable efforts and take all necessary measures to replace any illegal, invalid or unenforceable provision of these terms and conditions by a lawful, valid and enforceable provision having substantially the same economic scope for the parties and, to the extent permitted by law, contain the original intention.
Failure or delay by Ahooga in enforcing or partially enforcing any provision of this Agreement shall not be construed as a waiver of any of its rights under the Agreement, now or in the future.
The original version of these Terms and Conditions of sale is written in English. In case of dispute these Terms and Conditions shall be construed and interpreted according to the text and spirit of the English version.
Any notification, complaint, demand etc. relating or relying on these Terms and Conditions must be made in writing to the above address. The respective sender is responsible for the receipt of each notification.
The Terms and Conditions are valid as long as Ahooga sells goods online through its Website.
APPLICABLE LAW - JURISDICTION
These Terms and Conditions are governed by Belgian law.
Both parties undertake to first seek an amicable solution in case of any discussions or disputes regarding the application or interpretation of these Terms and Conditions before starting any legal proceedings.
MODEL FORM OF WITHDRAWAL
(Only fill in and send us this form if you want to withdraw from the agreement)
By mail: Ahooga SPRL, 386 Chaussée d'Alsemberg, BE-1180 Brussels, Belgium.
By e-mail: firstname.lastname@example.org
I/We hereby give notice that I/We withdraw from my/our Agreement of sale of the following goods:
Ordered on …/…/…..
Received on …/…/…..
Signature of customer(s) (only if sent by mail)