These terms and conditions of sale are concluded between, on one hand, the company CHIMP BIKES, whose headquarters are at 20 Rue de l’industrie, 1400 Nivelles, registered at the Belgian «Banque Carrefour des Entreprises» under the reference, hereafter denominated “the retailer”, and on the other hand, any physical or moral person wishing to proceed with the purchasing of the retailer’s products, hereafter denominated «the recipient».
ARTICLE 1 – ACCEPTANCE OF THE TERMS AND CONDITIONS
The following terms and conditions of sales are deemed accepted by the recipient, after the retailer has recipient has completed a purchase order via CHIMPBIKES.com. These terms and conditions of sale shall prevail on any other general or specific terms and conditions not expressly stated by the retailer. The retailer maintains the right to modify these terms and conditions at any moment. In that case, the terms and conditions applicable to this transaction will be those in force on the date of the invoice.
ARTICLE 2 – ORDER
The purchase order includes all products and services ordered by the recipient. Any additional offer, refund, and other advantages will appear on the final invoice. The recipient acknowledges that he was properly informed of the quality, the designated usage, and the eventual specific properties of the goods ordered. Unless stated otherwise, the recipient recognizes that the goods are not destined for a specific usage. CHIMP BIKES declines any responsibility in case of use of the product to ends contrary to the legislation in vigour in the country where the sale is destined. In case of cancelation of the order on behalf of the recipient after a period of 14 days following the purchase, the retailer shall be entitled to an indemnity equivalent to 20% of the final price, without prejudice on the right of CHIMP BIKES to ask for additional compensations. The recipient has the right to inform the retailer of his refusal of the sale, without penalties and without indications on the motive, within 14 working days, starting the day after the delivery of the product and the conclusion of the contract or service. In that case, the recipient must return the purchased product, including accessories and documentation, in the original packaging, to CHIMP BIKES in the aforementioned delay. The costs of return and re-stocking (5%) are to be paid by the recipient. The recipient will thus be reimbursed on his returned product in the 30 days following the waiver, deducted by the cost of re-stocking. The return of the products to CHIMP BIKES is the sole responsibility of the recipient and CHIMP BIKES cannot, in any case, be held responsible for any loss, theft or damage of the product, and thus not obliged to accept the return, if such is the case. The retailer has to be informed of the return by registered letter in the aforementioned delays.
ARTICLE 3 – PRICE
The prices of the products and services are stated on the purchase order. The retailer maintains the right to change the price of his products at any time. Nevertheless, the prices that will be applied on the order are those stated at the moment of confirmation. Shipping price for countries outside Belgium is not included in any purchase order.
ARTICLE 4 – WARRANTY, RESPONSABILITY & AFTER-SALE SERVICE
With regards to consumers, the retailer warranties the products he retails in accordance with the law of 1st September 2004 concerning the protection of the consumers in case of sale of products to consumers (articles 1649 bis à 1649 octies of the Belgian Civil Code). In case of non-conformity of the product recognized within 2 months following the delivery of the product, the recipient must notify the retailer in the briefest delays, in precise terms, and by registered letter or electronic message. This warranty only covers existing conformity defaults at the time of delivery of the goods or services. Defaults or damages due to a misuse of the product, such as oxidation due to contact with water, damage due to shock, negligence or wear, are not covered by the warranty. Any repairs or modifications by non-certified technicians will immediately cancel the warranty. The invoice or the shipping order act as a warranty statement, and original copies must be retained by the recipient. If the product is used for non-private ends, the conditions of limited warranty on behalf of the retailer come into force.
ARTICLE 5 – PAYMENT DEFAULT AND PROPERTY RESERVATION
The ordered products remain the exclusive property of the retailer until the integral payment of the order by the recipient.
ARTICLE 6 – PAYMENT CONDITIONS
Any payment of deposits and invoices must be carried out to CHIMP BIKES’s bank account. The payment of all invoices must be carried-out within 8 working days following the delivery of the ordered products.
ARTICLE 7 – DOWN-PAYMENT
After the reception of the completed and signed purchase order, the recipient is required to down-pay, within 8 days following the reception of this purchase order, a deposit equivalent to 30% of the final price. This deposit will be deducted from the final price and will be included on the invoice.
ARTICLE 8 – RECLAMATIONS
Any claims concerning degradation, vices or anomalies found on the products at the moment of delivery, must be indicated on the purchase order, invoice and/or transport documents, and if noticed at the moment of delivery, CHIMP BIKES has to be notified within 15 working days following that delivery by registered letter that will include the invoice number of the concerned product. After this delay, any claim will not be taken under consideration.
ARTICLE 9 – SHIPPING DELAYS
The products are sent to the shipping address indicated on the purchase order. The retailer supports the risk of transporting the merchandize until its delivery to the shipping address. From this moment onwards, the recipient takes sole responsibility for the products. Any delivery delays are indicative; if they surpass 30 days counting from the purchase order, the contract can be terminated and the recipient can be reimbursed.
ARTICLE 10 –EXCLUSIVE ATTRIBUTION OF COMPETENCE – APPLICABLE LAW
The present conditions of online sale are subject to Belgian law. In the event of a dispute, the courts of the head office of the retailer are competent, except for binding public order provisions.