"Alpas Cycles" is a brand name and trade name, operated by the bv Alpas CC, located at Ruitersdreef 4 in 8550 Zwevegem, Belgium.
1.1 The purport of the General Terms and Conditions shall apply to every offer made by Alpas Cycles and to every agreement concluded between Alpas Cycles and the Buyer.
1.2. The General Terms and Conditions are available to everyone on the Alpas Cycles website (http://www.alpascycles.com).
1.3. By confirming the offer and therefore by placing an order, the buyer indicates that he agrees with the general conditions. Acceptance of the general terms and conditions is necessary in order to place an order.
1.4. If, for any reason whatsoever, one of these general terms and conditions is not valid, the remaining terms and conditions will remain fully applicable.
1.5. Unless expressly agreed otherwise in writing, Alpas Cycles shall not recognise the general conditions or stipulations of the purchaser.
2.1. The offer contains a comprehensive and accurate description of the products offered. The description is sufficiently detailed to enable the buyer to make a proper assessment of the offer. Obvious mistakes or obvious errors in the offer shall not bind Alpas Cycles. Each offer shall contain such information that it is clear to the Buyer what rights and obligations are attached to the acceptance of the offer.
2.2. Any images, photographs, drawings etc., data relating to weight, dimensions, colors, images on labels etc. on the Alpas Cycles website shall only be approximate, are indicative and shall not give rise to compensation or dissolution of the agreement.
3. THE AGREEMENT
3.1. The agreement is concluded when the buyer pays the advance payment. See PAYMENT for more information about the payment of the advance.
3.2. Na totstandkoming van de overeenkomst is de koper niet meer gerechtigd het aanbod zonder toestemming van Alpas Cycles te wijzigen.
3.3. Alpas Cycles shall at all times be entitled to refuse an order or request or to make the execution subject to certain conditions.
4. RIGHT OF WITHDRAWAL
4.1. Bicycles, as a whole, i.e. the frame and the assembled components, are custom made, manufactured and mounted according to the buyer's specifications. The purchaser agrees that under no circumstances will he have the right to withdraw, after the payment of the deposit.
4.2 Separate components ordered through the Alpas Cycles webshop shall be subject to the normal right of withdrawal and have a withdrawal period of 14 calendar days. The buyer is responsible for returning the purchased goods, in their original condition, to Alpas Cycles, Ruitersdreef 4 in Zwevegem, Belgium. Components that have already been used are not covered by the right of revocation.
5.1. Bicycles are in principle collected at the Alpas Cycles workshop in Zwevegem. If necessary, home delivery can be provided against payment.
5.2 Webshop orders will be delivered at home by external transporters. Collection is not possible for these orders.
5.3. At the time of ordering, the estimated delivery time shall be communicated. Alpas Cycles cannot be held responsible for any late delivery. Every effort will be made to keep any delay to a minimum.
5.4. If certain parts are not in stock or if the delivery period is longer than stated under 5.2, the buyer shall be informed. Alpas Cycles shall also reserve the right to cancel the order if the purchaser agrees to this, even if an attempt is made to replace those parts that are not available with parts of at least equal value. The purchaser shall be informed of this and his payment shall be refunded. A cancellation does not entitle the buyer to any right of redress. The buyer acknowledges that only the bicycle frame and fork are the essence of the agreement. The absence of additional parts does not give rise to a right of withdrawal for the buyer. Where applicable, the bicycle frame and fork will be returned and the balance of the purchase price will be refunded to the purchaser.
5.5. The delivery periods referred to under 5.3 shall only apply to probable periods, which shall in any case not be binding on Alpas Cycles. Alpas Cycles reserves the right to change the delivery conditions after the expiry of the period, without the purchaser being able to derive any rights from this. Any delays in the delivery of products, of whatever nature, can never give rise to cancellation, postponement of payment, compensation or price reduction.
5.6. Alpas Cycles' delivery obligations shall be fulfilled as soon as the delivered goods have been made available to the purchaser.
5.7. The shipping costs shall be fully at the expense of the purchaser. Any import costs, additional taxes or other costs relating to the shipment shall also be fully at the expense of the purchaser.
5.8. Alpas Cycles shall not be liable for any delay or absence of delivery as a result of a fault on the part of the carrier.
6.1. Prices will not be increased during the term of the offer, unless legal measures make this necessary or if our suppliers apply a price increase in the meantime.
6.2. All prices mentioned on the website are subject to typing and printing errors. No liability is accepted for the consequences of typing and printing errors.
6.3. All prices on the website are in euros and include VAT.
7.1 When ordering a bicycle or frame, an advance payment will be requested. After receipt of the deposit, the contract is final.
7.2. Payment shall be made by bank transfer, credit card or via payment on the Alpas Cycles website. Shortly after receipt of the payment, the buyer will receive a confirmation by e-mail. Questions about the payment can always be sent to: email@example.com.
8. WARRANTY AND CONFORMITY
8.1. Alpas Cycles shall guarantee that the products comply with the agreement, the specifications included in the offer, the reasonable requirements of soundness and/or usability and the legal provisions existing at the time of the conclusion of the agreement.
8.2. Alpas Cycles guarantees that the delivered frame is free of material and/or manufacturing defects. The original purchaser shall receive a 10 year warranty on this, which is non-transferable. To this end, the purchaser must be able to show the original invoice.
8.3. Repairs covered by this warranty shall only be carried out in the Alpas Cycles workshop.
8.4. Products other than the frame are covered by the original supplier's warranty.
8.5. However, no warranty is provided in the following cases:
- Incorrect and/or careless use of the bicycle and use not in accordance with its intended use;
- The damage is caused by a traffic incident or bollard;
- The damage is due to normal wear and tear of the bicycle parts;
- Non-original parts are used for repairs, or if not properly assembled;
- Technical repairs carried out in a non-conforming manner;
- Replacement parts fitted do not conform to the technical specifications of the bicycle in question or have been assembled incorrectly;
- If the proof of ownership or receipt cannot be presented, or if the owner is not the first owner of the bicycle;
- Incorrect adjustment/tension of the handlebars, axles, saddle, seat post, derailleur gears, brakes, quick release of the wheels and saddles;
- Replacing parts such as brake/ derailleur cables, brake pads, tires, chain, and sprockets;
- Weather influences such as normal paint or rust wear.
8.6. The buyer has the obligation to check the delivered goods immediately after delivery. If it appears that the goods delivered are not in conformity, the purchaser must immediately report the defects to Alpas Cycles in writing (before returning them to Alpas Cycles). Any defects or incorrectly delivered products must and can be reported to Alpas Cycles in writing no later than 8 working days after delivery. The absence of such a written notification is considered an acceptance of the delivered goods.
8.7. As Alpas Cycles' bicycles are handmade, there may be a slight deviation from the original, personalised offer adapted to the buyer. This shall include minor deviations with regard to weight, dimensions, colors, images on labels, etc. By accepting the offer, the buyer confirms that these possible deviations do not form an essential part of the agreement and that these deviations do not give a right of recourse.
8.8. Goods must be returned in their original packaging (including accessories and additional documentation) and in perfect condition. The use after the discovery of the defects, the deterioration after the discovery of the defects, the costs and/or the resale after the discovery of the defects shall invalidate this right of return.
8.9. No product can be returned without prior written consent of Alpas Cycles. This approval does not count as an acknowledgement.
8.10. Any transport, insurance or other costs in connection with the return of the product shall be at the expense of the purchaser.
8.11. If Alpas Cycles considers the Buyer's claims to be justified, Alpas Cycles shall replace the delivered goods without charge or pay the replacement value thereof at the sole discretion of Alpas Cycles. Furthermore, liability shall always be limited to the amount of the invoice for the product in question. Liability of Alpas Cycles for any form of damage is excluded, including additional damage in any form whatsoever, compensation for indirect damage or consequential damage or damage due to failure to perform.
9. FORCE MAJEURE
9.1. Alpas Cycles shall not be liable if and insofar as its obligations cannot be fulfilled as a result of force majeure.
9.2. Force majeure shall mean any external cause as well as any circumstance for which Alpas Cycles cannot reasonably be held liable. Delays or non-performance of our suppliers, disruptions on the Internet, power cuts, failures or changes in technologies supplied by third parties, traffic problems, strikes, government measures, delays in the supply, negligence of suppliers and/or manufacturers of Alpas Cycles as well as auxiliary persons, illness of personnel, defects in auxiliary or transport equipment shall explicitly be considered as cases of force majeure.
9.3. In case of force majeure, Alpas Cycles reserves the right to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to demand that the content of the agreement is changed in such a way that its execution remains possible. Alpas Cycles shall under no circumstances be obliged to pay fines or compensation.
10. APPLICABLE LAW/COMPETENT COURT
10.1. Belgian law shall apply to all contracts to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
10.2. The courts of the judicial district of West Flanders shall have exclusive jurisdiction for disputes arising from a contract between Alpas Cycles and the purchaser which cannot be resolved by mutual agreement.
2. INTELLECTUAL PROPERTY RIGHTS
The texts, drawings, photographs, films, images, data, software, names, domain names, commercial brand names, trademarks, logos and other data used on this website are protected by intellectual property rights and are the property of Alpas Cycles or third parties. Subject to prior written consent of Alpas Cycles, storing (with the exception of viewing this website), reproducing, changing, publishing, distributing or sending, selling, renting or transferring the information to third parties, in any way whatsoever, is prohibited.
3. PERSONAL DATA
Alpas Cycles only collects personal data provided on a voluntary basis. By filling in and sending an order form or sending an e-mail, the user gives Alpas Cycles permission to store his/her personal data in a file for the purpose of automatic profiling of users, customer management, market studies and sending mail. You have the right to refuse the use of your data for direct marketing purposes. You can send your requests for inspection, modification or deletion of data concerning you to firstname.lastname@example.org.
4. AUTOMATIC COLLECTION OF NON-PERSONAL DATA
Alpas Cycles may collect anonymous or embedded non-personal data, such as the version of the browser or IP address, the operating system you use or the domain name of the website that leads to the Alpas Cycles website or that is viewed when leaving the Alpas Cycles website.
6. INFORMATION ON THE WEBSITE
The information on this website may not be free of all errors. Alpas Cycles is not liable for the integrity, reliability, suitability or accuracy of the information. The information is provided and released subject to no other warranties of any kind. Alpas Cycles is not liable in case of a virus attack in which despite the precautions taken such a virus is present. Alpas Cycles disclaims any liability for damage caused by such a virus. Alpas Cycles expressly reserves the right to change the information on the website at any time.
7. LINKS TO OTHER WEBSITES
This website may contain hypertext links or otherwise refer to other websites or web pages managed by third parties. Alpas Cycles has no right to monitor the content or characteristics thereof. The fact that Alpas Cycles offers links does not imply any implicit approval of the content of these websites or pages.