Condizioni di utilizzo
A. Terms of Use - Sale
1. APPLICABILITY. AHOOGA SRL is a Belgian company having its registered office at Avenue Louise, 259, B-1050 Ixelles (Brussels), registered in the Belgian Trade and Companies Register under number 0633.687.835 (hereinafter, “Ahooga”). Ahooga’s hotline may be reached at +32 2 223 66 78 (Mon-Sat). An email can also be sent to hello@ahooga.bike.
The present Terms and Conditions of Sale (hereinafter, the “Terms”) exclusively govern the legal relationship established between Ahooga and any person who would like to place a purchase order through www.ahooga.bike or shop.ahooga.bike, (hereinafter collectively the “Website”), or in any retail store (hereinafter, the “Client”). Any other conditions or modifications of the present Terms are only applicable in case of written consent by Ahooga.If you should have any questions or complaints concerning the products (hereinafter also “goods”) offered for sale on the Website or in any retail store, or with the present Terms, please contact Ahooga:(i) by using the Contact Us form on www.ahooga.bike, (ii) by sending an email to hello@ahooga.bike or (iii)by sending a letter to the following address: Ahooga SRL, Avenue Louise, 259, B-1050 Ixelles (Brussels).
To place an order, the Client must be at least eighteen (18 years) old. In addition, in case of orders placed via the Website, the Client must reside in either Belgium, The Netherlands, Luxembourg, France, Germany, Austria, Italy, Spain, Portugal, United Kingdom, Norway, Finland or Sweden.
By placing an order the Client explicitly confirms to have read and accepted the Terms without any reservation. Ahooga may make changes or amendments to these Terms any time. Therefore, we will ask the Client to accept only the Terms in force at the time of the purchase. The new Terms will be effective from the date of publication on the Website or of their communication in a retail store and in relation to purchase orders submitted after that date. Each time the Client wishes to place an order, whether through the Website or in a retail store, he or she must ensure to have read and understood the Terms applicable at the time when he or she enters into an agreement with Ahooga.
2. OBJECT AND CLOSURE OF THE AGREEMENT. Ahooga offers the possibility to purchase the products offered on the Website and in any retail store. The present Terms are meant to determine the modalities concerning the order, i.e. the sale, concluded between Ahooga and the Client. This concerns, among others, the placing, payment, delivery and revocation of the sale. The offers are only of an informative nature, unless otherwise mentioned in writing. The offers are always non-binding and constitute a mere invitation to purchase the products displayed on the Website or offered in any retail stores. Furthermore, the offers only last until expiration of the stock. Regarding online sales, the Client has the possibility via the webshop to choose and buy products offered for sale on the Website, in the desired quantity, by clicking on the button “Buy Now”. The Client can also continue shopping and later proceed with the checkout process by clicking on its shopping bag and on the button “Proceed with payment”. The Client will then be required to enter its contact information (such as email, name, delivery address). The total price of the product (including any charges) will be displayed once the Client clicks on the button “Continue to Shipment”. The Client may then “Continue to payment” and enter its payment details. By validating the payment, the order is transferred to Ahooga. 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 confirmation 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, whether online or offline, of which the total value exceeds ten thousand euros (10.000 EUR), Ahooga will ask 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 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 and does not wish to receive replacement goods of an equivalent quality and price, Ahooga will reimburse the Client as soon as possible using the same payment method as the Client when placing the order.
3. 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 cannot 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.
4. WITHDRAWAL RIGHT FOR ONLINE SALES. Regarding online sales, the Client has the right to withdraw from the Agreement within thirty (30) days without stating any reasons. The term of withdrawal expires thirty (30) 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 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: Avenue Louise, 259, B-1050 Ixelles (Brussels), Belgium. A reimbursement will be carried out after the products have been received and checked at the offices of Ahooga. Ahooga will bear the costs relating to the sending back of the products. If the Client withdraws from this Agreement, Ahooga shall reimburse to the Client all payments received from the latter (this does not include the costs of delivery, nor 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 has received the goods back. 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 total refund and/or future orders.
5. 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 or in the retail store, depending on whether it is an online or an offline sale. Regarding online sales, 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. 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 full price when placing his or her order, unless specifically otherwise mentioned in writing. Regarding online sales, the Client will perform his or her payment obligation by choosing one of the payment methods indicated when placing the order (such as for example Visa, Mastercard, Maestro, Bank transfer, Paypal, etc.). Regarding offline sales, the Client will perform his or her payment obligation by means of the payment methods indicated at the store (such as for example Visa, Mastercard, Ecocheques, Maestro or in cash). Ahooga will not charge any management or collection costs for the payment of the goods, unless this is specifically mentioned. The dispatch by Ahooga, will only occur after Ahooga has received the full amount of the payment.I n 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. Regarding online sales, 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.
6. DELIVERY. During the ordering process the Client can opt to deliver the goods to the address mentioned in the order. Ahooga provides free shipping in Belgium and The Netherlands for folding bikes. For shipment of other bikes in Belgium and The Netherlands or for shipment of bikes (folding or other) to European countries, small delivery charges apply, which can vary depending on the country of delivery. The ordered goods will be delivered as soon as possible, although delivery may depend on the country of delivery or the payment method. 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 from receipt, including a detailed description of the defects and the desire to be reimbursed or to exchange the goods. The concerned goods must also be returned to Ahooga within thirty (30) calendar days from their receipt. 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.
7. INTELLECTUAL PROPERTY. 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, whether online or offline. The Client agrees not to bring any claim concerning the above mentioned intellectual property rights.
8. WARRANTIES AND LIABILITY. Ahooga guarantees, for five (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 two (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 based on national law. 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 (https://ahooga.bike/terms-of-use/) of the Website.
9. PERSONAL DATA. Ahooga processes and stores the personal data of the Client in accordance with the Belgian Privacy Act of 30 July 2018 (or other applicable legislation) the General Data Protection Regulation Nr. 2016/679 (“GDPR”) and Ahooga’s ' Privacy Policy (https://ahooga.bike/privacy-policy/).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: hello@ahooga.bike. Regarding online sales, upon purchasing products and/or services on the Website, the Client’s data will be transferred to and stored through Wordpress/Shopify’s data storage, databases and the general Wordpress/Shopify application in order to guarantee a smooth processing of your purchase order. The Client’s data transferred to Wordpress/Shopify is stored on a secure server behind a firewall by Wordpress/Shopify.For more information with regard to the use of your data by our partner Wordpress Inc./Shopify within the framework of a purchase through the Website we refer to Wordpress’s Privacy Statement (https://wordpress.org/about/privacy/) and Shopify’s (https://www.shopify.com/legal/privacy).
10. FORCE MAJEURE. 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.
11. ASSIGNMENT. 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.
12. MISCELLANEOUS. 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 are in any way illegal, invalid or unenforceable, or would become so under applicable law, this will not affect the legality nor the validity or enforceability of the remaining provisions of these Terms 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 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 is written in English. In case of dispute, these Terms 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 must be made in writing to the following address: Ahooga SRL, Avenue Louise, 259, B-1050 Ixelles (Brussels). The respective sender is responsible for the receipt of each notification. The Terms are valid as long as Ahooga sells goods, whether online through its Website or offline in retail stores.
13. APPLICABLE LAW – JURISDICTION. These Terms are governed by Belgian law. Both parties undertake to first seek an amicable solution in case any discussions or disputes would arise regarding the application or interpretation of these Terms before starting any legal proceedings. The competent courts for disputes regarding these Terms will be the courts of Brussels, unless otherwise imposed by mandatory statutory provisions. In case of dispute, the Client may also rely on the European Online Dispute Resolution (ODR) platform provided by the European Commission, which can be accessed through the following link: https://ec.europa.eu/consumers/odr/.If you are a reseller, please see our Terms & Conditions for Dealers 2021 that have been dispatched to you and are available upon request.
ANNEX 1MODEL FORM OF WITHDRAWAL(Only fill in and send us this form if you want to withdraw from the agreement)By mail: Ahooga SRL, Avenue Louise, 259, B-1050 Ixelles (Brussels), Belgium.
By e-mail: hello@ahooga.bike
I/We hereby give notice that I/We withdraw from my/our Agreement of sale of the following goods:………………………………………………………………………………………………………………………………………………………………………………………………………………Ordered on …/…/…..Received on …/…/…..Name:………………………………………Address:………………………………………………………………………………………………………………………
Signature of customer(s) (only if sent by mail)
Date: …/…/…..
B. Terms of Use – Website
Article 1: Ahooga’s Website.
The website(s) (including its/their subdomains): www.ahooga.bike, shop.ahooga.bike , www.ahoogabike.com , www.ahoogabikes.com , www.ahooga.be or www.ahooga.eu (hereinafter collectively the “Website”) is/are managed by and is/are property of Ahooga SRL, a company incorporated and existing under the laws of Belgium, with registered office at Avenue Louise, 259, B-1050 Ixelles (Brussels), registered in the Belgian Trade and Companies Register under number 0633.687.835. (hereinafter “Ahooga”).In case of questions, complaints and/or remarks with regard to the Website, you can always turn to Ahooga via email to the following email address: hello@ahooga.be .Ahooga may change these general terms of use (hereinafter “General Terms of Use”), from time to time. But when we do, we’ll let you know one way or another. Sometimes, we’ll let you know by revising the date at the top of the General Terms of Use that’s available on our Website our through our other applications, tools, … Other times, we may provide you with additional notice (such as adding a statement to our Website’s homepage). Modified versions will have immediate effect, unless stated otherwise. Using the Website implies that the “User” of the Website (included herein, but not limited to, the mere internet user, customer, etc.) agrees entirely and irrevocably with the conditions and guidelines for the use of the Website contained in the present General Terms of Use, as well as any other legal document mentioned on this Website (including the privacy policy and the terms of sale).
Article 2: Intellectual Property Rights.
All components of the Website (including but not limited to the used software, source codes, layout, text, logos, photographs, drawings, images, sound, databases, names, trademarks and domain names) are works protected by copyright and / or other intellectual property rights, including trademarks. All relevant property rights, including intellectual property rights (copyright, trademarks, database rights, design rights, etc.) belong to Ahooga or are included on the Website with the authorization of the owner of the relevant rights. No component of the Website itself, nor the data and information provided on the Website may be stored (other than required in order to visit and use the Website), or reproduced, modified, translated, rendered public, distributed, rented out, sold, transferred to others or in any way used without the prior written authorization of Ahooga.
Article 3: Liability.
Ahooga is careful to provide information that is as accurate as possible but can not guarantee the complete accuracy, completeness or suitability of the information on the Website and can not be held liable for this. This applies to the information that has been posted on the Website by Ahooga as well as to the information from Users or other parties. ‘Information’ shall mean everything that can be found on the Website, including text, images, sound, data, etc. Ahooga is not liable for any decision or action that would be taken by the User on the basis of information provided on the Website, nor is it responsible for any errors or mistakes of the User based on the information on the Website. Ahooga is not liable for direct or indirect damages or any damages that could be caused by inaccuracy, incompleteness, inadequacy, forgetfulness or neglect in providing, composing, writing and interpreting the information on the Website. Ahooga is not liable for any permanent or temporary damage or defaults of the computer equipment or data from the User during or after the use of the Website. In particular, Ahooga cannot be held liable for the possible transmission of viruses, trojans and such via the Website. Ahooga is not liable for links to websites operated by others, or for the damage caused in the course of a visit to such websites. Ahooga has no control over such websites and cannot be held liable for the content displayed thereon. For the realization of the Website, Ahooga is using, to the reasonably largest extent, the most modern available techniques. However, Ahooga cannot be held responsible for the (temporary) failure or any malfunctioning or maintenance work on – or of – the Website.
Article 4: Privacy.
Ahooga processes and stores the personal data in accordance with the General Data Protection Regulation (EU Regulation 2016/679 of 27 April 2016) and all other applicable data protection legislation such as the Belgian Act of 30 July 2018 regarding the protection of natural persons in relation to the processing of personal data (“Applicable Data Protection Laws”), and as further detailed in Ahooga’s privacy policy (https://ahooga.bike/privacy-policy/) and cookie policy (https://ahooga.bike/cookie-policy/)
Article 5: Waiver.
The lack of enforcement by Ahooga of any provision of these General Terms of Use or if Ahooga is not undertaking any action with respect to a User of the Website in the event of a possible breach of any provision, cannot be interpreted as a waiver of claim or right in respect of any provision in the context of a possible future infringement by a User.
Article 6: Severability.
If any provision of these General Terms of Use should be considered wholly or partly illegal, invalid or unenforceable under applicable law, that provision will no longer be part of these General Terms of use. The legality, validity and binding nature of the other provisions of these General Terms of Use shall remain unaffected.
Article 7: Competent Court and Applicable Law.
These General Terms of Use shall be governed by – and construed in accordance with – the Belgian legislation. The competent courts for disputes regarding these General Terms of Use will be the courts of Brussels, French-speaking section, unless otherwise imposed by mandatory statutory provisions.