GENERAL TERMS AND CONDITIONS OF SALE OF UNITED SCOOTERS - STARSALE BVBA
General
United scooters is a scooters, motorcycles, E-bikes and lifestyle concept store and owned by Starsale bvba, with registered office at P.J. Denayerstraat 11 in 1500 Halle. United scooters offers its customers the opportunity to order online via the webshop according to the general terms and conditions below.
Article 1 – Definitions
Article 2 – Identity of the Entrepreneur
Article 3 – Applicability
Article 4 – Offer
Article 5 – Agreement
Article 6 – Right of withdrawal
Article 7 – Reflection period
Article 8 – Exercise of the Right of withdrawal – obligations of the Consumer
Article 9 – Exercise of the Right of withdrawal – obligations of the Entrepreneur
Article 10 – Price
Article 11 – Delivery
Article 12 – Payment
Article 13 – Warranty
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Force majeure
Article 17 – Intellectual property rights
Article 18 – Final provisions
Appendix I – Model withdrawal form
Article 1. Definitions
In these General Terms and Conditions of Sale, the following terms shall have the following meanings:
- Reflection period: the period within which the Consumer can make use of of his Right of Withdrawal;
- Consumer: the natural person who is not acting for purposes related to his trade, craft or profession;
- Day: calendar day;
- Durable data carrier: any tool – including e-mail – that enables the Consumer to store information addressed personally to him in a way accessible for future consultation or use for a period of time that is geared to the purpose for which the information is intended, and which allows unchanged reproduction of the stored information;
- Right of Withdrawal: the possibility for the Consumer to cancel the distance contract within the cooling-off period;
- Entrepreneur: United Scooters, the legal entity that pursues an economic goal in a sustainable manner and that offers products or services to Consumers remotely;
- Distance contract: an agreement concluded between the Entrepreneur and the Consumer within the framework of an organised system for the distance sale of products or services, whereby up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
- Model withdrawal form: the European model withdrawal form included in Appendix I of these terms and conditions;
- Distance communication technique: Any means that can be used for the conclusion of the agreement between these parties, without the simultaneous physical presence of the Entrepreneur and the Consumer.
Article 2. Identity of the Entrepreneur
This website is the property of:
United scooters
Starsale Bvba
P.J. Denayerstraat 11
1500 Halle
www.unitedscooters.be
Telephone: 02/304 76 47
Accessibility: Tuesday to Friday from 10am to 6:30pm
Saturday from 10am to 6pm
Sunday and Monday closed
E-mail: [email protected]
Company number: VAT BE 0822 034 814
IBAN: BE64 0688 8972 5352
GKCCBEBB
Article 3. Applicability
3.1. The General Terms and Conditions of Sale as described here apply to every product offered on www.unitedscooters.be and all deliveries. Every order implies acceptance of these General Terms and Conditions of Sale. These General Terms and Conditions of Sale can be saved on a durable data carrier by means of a PDF file.
3.2. The agreement between United Scooters and the Consumer is concluded at the moment that the Consumer has accepted the General Terms and Conditions of Sale of United Scooters and has complied with them. The absence of a regular signature does not affect the binding force of the offer and its acceptance.
Article 4. Offer
4.1. All online offers from United scooters are without obligation. The content of the website and all other offers have been compiled with the greatest care. However, United scooters cannot provide any guarantees regarding the information provided by third parties. Without prejudice to the foregoing, all characteristics stated on the website are indicative, so that United scooters cannot be held liable for any inaccuracies or omissions. Only the characteristics confirmed during the online ordering procedure are binding.
4.2.Each offer contains such information that it is clear to the Consumer what rights and obligations are associated with accepting the offer.
4.3. Availability is indicated for each product. United Scooters makes every effort to communicate this information correctly. However, it may happen that delivery is impossible. This can be due to unintentional incorrect stock data or products that are no longer available from suppliers. In these cases, United Scooters cannot be held liable for this and United Scooters will notify you as soon as possible and propose a solution.
Article 5. Agreement
5.1. United Scooters will confirm receipt of acceptance of the agreement via a durable data carrier. As long as receipt of this acceptance has not been confirmed by United Scooters, the Consumer can terminate the agreement.
5.2.United scooters will send the following information to the Consumer at the latest upon delivery of the product, in writing or in such a way that the Consumer can store it in an accessible manner on a durable data carrier:
a) the main characteristics of the delivered products and services
b) the address of the United scooters establishment where the Consumer can go for any complaints
c) the conditions under which and the manner in which the Consumer can exercise the Right of Withdrawal or a clear statement with reasons regarding the exclusion of the Right of Withdrawal
d) the model withdrawal form, if the Consumer can rely on this
e) the information about guarantees and after-sales service
f) the price including all taxes of the product, as well as and where applicable the costs of delivery, the method of payment, delivery or execution of the distance contract
5.3. United Scooters takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment. If the Consumer chooses to pay electronically, United Scooters will take appropriate security measures to that end.
5.4. United Scooters may, within the legal framework, inquire whether the Consumer can meet his payment obligations, as well as all facts and factors that are important for responsibly entering into this distance contract. If, based on this investigation, United Scooters has valid reasons not to enter into the contract (orders by minors, incomplete order procedures, problems with previous orders), it is entitled to refuse an order or request or to attach special conditions to the execution.
Article 6. Right of withdrawal
For all products purchased from United Scooters, the Consumer has a reflection period of 14 calendar days in accordance with Article VI.47 et seq. of the Code of Economic Law. This period commences at the moment of physical receipt by or on behalf of the Consumer. Without prejudice to the further conditions and manner of exercising the Right of Withdrawal, the Consumer has a Reflection Period and Right of Withdrawal of 14 days when purchasing products under Distance Contracts within the meaning of Article I.8, 15 ° of Book I, Title 2, Chapter 4 of the Code of Economic Law:
The Consumer has the right to inform the company that he is cancelling the purchase, without payment of a fine and without giving a reason within fourteen (14) calendar days from the day following the delivery of the goods or the conclusion of the service agreement.
The Consumer does not have the right to cancel the sale if the delivered products have clearly been used or if the products are not returned in a correct manner and well protected, i.e. in their original packaging, in a perfect condition for resale (not damaged, not battered or soiled by the customer) and with all possible accessories included. The consumer will also not be able to return any parts that he has installed incorrectly or thoughtlessly. The consumer also does not have the right to cancel the purchase if a product was custom-made especially for the consumer and/or if the seal of the product has been broken.
Article 7. Reflection period
7.1. During the Reflection period, United Scooters expects the consumer to handle the packaging and the products with care. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
7.2. During the reflection period, the consumer is obliged to carefully inspect the products immediately upon receipt and to check whether the delivered products correspond to the agreement.
Article 8. Exercise of the Right of Withdrawal – obligations of the Consumer
8.1. If the Consumer exercises his Right of Withdrawal, he reports this within the aforementioned Reflection Period of 14 calendar days by means of the model withdrawal form, as attached to these General Terms and Conditions of Sale, or by means of an unambiguous (written) statement by e-mail to [email protected] or by registered letter sent to United Scooters.
8.2. After receipt of the completed model withdrawal form or the (written) statement by e-mail or registered letter from the Consumer, United Scooters will send the Consumer a written confirmation of receipt of the withdrawal within 5 calendar days, including a return label from BPost and instructions for returning the product.
8.3.Within 14 calendar days following the day on which he communicated his decision to withdraw from the agreement in accordance with these General Terms and Conditions of Sale to United Scooters, the Consumer shall return the product to United Scooters together with all accessories supplied and in the original condition and packaging. The burden of proof for the correct and timely exercise of the Right of Withdrawal lies with the Consumer.
Products must be returned to the following address:
United Scooters
Starsale Bvba
After-sales service
P.J. Denayerstraat 11
1500 Halle
Belgium
8.4. If the Consumer returns the products to United Scooters in a manner other than that stated in article 9.3. of these General Terms and Conditions of Sale, the associated costs shall be borne by the Consumer.
8.5. If the Consumer exercises the Right of Withdrawal, all additional agreements shall be terminated by operation of law.
Article 9. Exercise of the Right of Withdrawal – obligations of the Entrepreneur
9.1. If the Consumer exercises his Right of Withdrawal, United Scooters will pay the full purchase price within 14 days after the day on which it was informed of the Consumer's decision to withdraw from the agreement in accordance with these General Terms and Conditions of Sale. However, if it turns out that the products have not been received in accordance with the terms of the Right of Withdrawal, the purchase price will not be refunded or will not be refunded in full. In that case, the product remains the property of the Consumer to the extent that he has fulfilled his payment obligation. At the request of the Consumer, the product can be sent back to the Consumer, provided that the associated shipping costs are paid.
9.2. Notwithstanding the provisions of Article 10.1. of these General Terms and Conditions of Sale, the Company does have the right to wait with the refund until it has received all products back, or until the Consumer has demonstrated that he has returned the products, whichever comes first.
Article 10. Price
10.1. The prices stated in the offer are expressed in Euros and include VAT. The shipping costs are stated separately.
10.2. Offers are valid while stocks last.
10.3. If United Scooters agrees a certain price with the Consumer, United Scooters is nevertheless entitled to increase the price if this is the result of statutory regulations and provisions. If a price increase occurs after the conclusion of the agreement, the Consumer can terminate the agreement free of charge at any time.
Article 11. Delivery
11.1. United Scooters will take the greatest possible care in the execution of the orders. The delivery costs are communicated before the agreement is confirmed.
11.2. The place of delivery is the address that the Consumer has made known to United Scooters.
11.3.Delivery will be made exclusively by courier service, unless otherwise agreed prior to the agreement. The shipment will always be sent by registered and insured mail. The shipment will always be tracked with a tracking number. Contact details of the courier service can be found on the following website: www.bpost.be
11.4. The final delivery period is 30 days after receipt of the order.
11.5. If the delivery is delayed or if an order can only be partially fulfilled, the Consumer will receive notification of this no later than 30 days after placing the order. If a product is not in stock, the Consumer will receive notification of the delivery time. In these cases, the Consumer has the right to terminate the agreement without charge. After termination of the agreement, United Scooters will immediately refund the amount paid by the Consumer.
11.6. The risk of damage and/or loss of products rests with United Scooters until the moment of delivery to the Consumer.
Article 12. Payment
12.1. United Scooters remains the owner of all products until the moment of full payment and any additional amount owed by the Consumer. However, the risk for the delivered products is borne by the Consumer from the moment of delivery. The Consumer is obliged to take care of the products sold and to take all necessary precautions.
12.2. Payment for products is made exclusively via the proposed online payment methods and is deemed to have taken place at the registered office of United Scooters.
12.3. In order to guarantee a secure online payment and the security of personal data, the transaction data is sent encrypted with SSL technology over the internet. The Consumer does not need any special software to pay with SSL.
12.4.The Consumer must pay the amount due within 14 days after the start of the Reflection Period. If the Consumer does not meet his payment obligations on time, after United Scooters has informed him of the late payment and United Scooters has granted the Consumer a period of 14 days to still meet his payment obligations, if payment is not made within this 14-day period, the Consumer will owe the statutory interest on the amount still due and United Scooters will be entitled to charge the collection costs incurred by him.
Article 13. Warranty
13.1. United Scooters acknowledges the existence of and undertakes to comply with all legal guarantees of conformity of the products.
13.2. United Scooters follows the official warranty guidelines of its suppliers. These may differ per brand and will therefore always be stated when purchasing an item.
13.3. United Scooters is responsible for handling the warranty. The associated shipping costs are borne by the Consumer.
Article 14. Complaints procedure
14.1. Complaints or disputes about the lack of conformity that exists upon delivery of the products and that manifests itself within a period of 2 years from the aforementioned delivery must be reported to United Scooters in writing by e-mail to [email protected] or by registered letter within 2 months from the day on which the Consumer discovers this defect.
14.2. The complaints or disputes submitted will be answered within a period of 14 days, calculated from the date of receipt of the complaint. If a complaint requires a foreseeably longer processing time, United Scooters will respond within the period of 14 days with a confirmation of receipt and an indication of when the Consumer can expect a more detailed answer.
14.3. In the event that the complaint is found to be justified, the liability of United Scooters is limited to the exchange of the products. Any liability of United Scooters is in any case limited to the amount actually paid for the order.
Article 15. Disputes
15.1. All offers and agreements are exclusively governed by Belgian law, excluding the principles of conflicts of law in space.
15.2. All disputes related to or arising from agreements with United Scooters will be submitted to the courts and tribunals of the judicial district, without prejudice to the right of United Scooters to submit the dispute to the competent courts and tribunals of the judicial district where the Consumer has his residence or registered office.
In the event of an out-of-court settlement of the dispute, recourse can be made to the Online Dispute Resolution platform of the European Union via this link: http://ec.europa.eu/odr.
Article 16. Force Majeure
Each party is automatically released and not obliged to fulfil any obligation towards the other party in the event of force majeure. Force majeure is understood to mean the situation in which the performance of the agreement by one of the parties is prevented in whole or in part, temporarily or otherwise, by circumstances beyond the control of that party, even if this circumstance was already foreseeable at the time the agreement was concluded. Without aiming to be exhaustive, the following are considered to be cases of force majeure: depletion of stock, delays in or failure to deliver by suppliers of a party, destruction of goods as a result of accidents, machine breakdown, strike or lock-out, fire, riot, war, epidemic, flood, high absenteeism due to illness, electrical, IT, internet or telecommunications failures, decisions or interventions by government authorities (including the refusal or cancellation of a permit or licence), fuel shortages and errors or delays attributable to third parties. In such a case, the parties will make all reasonable efforts to limit the consequences of a force majeure situation. If the force majeure lasts longer than two months, the other party is entitled to dissolve the agreement without judicial intervention, without the party invoking force majeure being held to pay any compensation to the other party.
Article 17. Intellectual property rights
The content of this site, including logos, drawings, data, product or company names, texts, images, etc. are protected by intellectual property rights and belong to United Scooters or rightful third parties.
Article 18. Final provisions
18.1. If either United Scooters or the Consumer fails to fulfil one or more of its obligations in a timely manner, the other party shall have the right either to suspend its obligations until the defaulting party has fulfilled its obligation(s), or to terminate the agreement without prior notice of default and without prior judicial intervention, provided that appropriate notification is given, without being liable for any damages and without prejudice to its other rights.
18.2. If one or more provisions or parts of provisions of these General Terms and Conditions of Sale are or become null and void or legally invalid, the other (partial) provisions of these General Terms and Conditions of Sale and/or related agreements shall remain in force.
18.3. If United Scooters has permitted deviations from these General Terms and Conditions of Sale, whether or not tacitly, for a short or long period of time, this shall not affect its right to subsequently demand immediate and strict compliance with these General Terms and Conditions of Sale.
Appendix 1: Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
To
United Scooters
Starsale Bvba
After-sales service
P.J. Denayerstraat 11
1500 Halle
Belgium
E-mail: [email protected]
I/We (*) hereby inform you that I/we (*) withdraw from our contract of sale of the following goods (*)/provision of the following service (*)
…………………………………………………………………………………………………………………………………………………………………….
Ordered on (*)/Received on (*)………………………………………………………………………………………………………………
Name(s) of consumer(s) ……………………………………………………………………………………………………………
……………………………………………………………………………………………………………………………………………….
Address of consumer(s) ………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………………………………………….
Date ……………………………………………………………………………………………………………
Signature of consumer(s)
(only if this form is submitted on paper)
……………………………………………………………………………………………………………………………………………………………….
(*) Cross out what is not applicable.