TERMS AND CONDITIONS
VERSION 2.0 / 01-07-2020
INTRODUCTION AND ACCEPTANCE OF THE TERMS AND CONDITIONS
Welcome to URBANIZED bikes (“URBANIZED”, “we”, “us”) and thank you for using our website www.urbanizedbikes.com.
The content of our website is for your general information and use only. It is subject to change without notice. These terms and conditions (“Terms”) apply to all sales and purchases made through our website and govern the relationship between you and URBANIZED. The applicability of the T&C of third parties and/or you are expressly excluded.
If you do not agree to the Terms you must not use any services made available through our Website, which means that for instance you cannot purchase any of our bicycles. Please read the Terms thoroughly before you tick “I accept” as the Terms contain important information regarding your legal rights, remedies and obligations and they do include various limitations and exclusions, and a clause that governs the jurisdiction and venue of disputes. By ticking the “I accept” button you’ve officially “signed” the Terms and you agree to be bound by them and any modifications that we may make to the Terms from time to time. That means that you have entered into a legal agreement. The Website is owned and operated by “URBANIZED” AD. Any NOTICES that you wish to send us should be send by email to the email address provided on our contact page https://urbanizedbikes.com/contact . All notices addressed to you shall be given to the email address that you provided us with.
• Client: all natural or legal persons with whom URBANIZED enters into an Agreement or with whom URBANIZED is negotiating about the conclusion of an Agreement;
• Agreement: any and every agreement entered into between URBANIZED and a Client, any amendment thereto and any actions or legal transactions connected with the execution of that Agreement and, seen in retrospect, any and all actions and legal transactions necessary for entering into that Agreement;
• Products: any and all goods which are the subject of an Agreement;
• Order: any order issued by a Client to URBANIZED in any form whatsoever;
• Offer: an act of putting something forth for consideration, acceptance or rejection or something suggested or proposed.
All offers are without engagement and free of obligation. That means that we may revoke an offer up to three working days from receipt of its acceptance. We reserve the right to adjust our prices whenever we want. Any price quotation supersedes a former quotation.
2. VAT (Value Added Tax)
All prices on our Website are including 20% Bulgarian VAT. For every bicycle that we ship to a European country we must (the Bulgarian tax authorities make us do so) charge 20% Bulgarian VAT. If the country of delivery is located outside the European Union we will charge 0% VAT and we shall adjust your price accordingly.
3. SHIPPING COSTS
Prices are excluding shipping costs. We ship our bikes to EU free of charge. All accessories you purchase with your bicycle will be delivered without a charge, and will be placed in the bicycle box.
Upon receipt of your order we will send you an automated email acknowledging that your order has been received by us. This does not mean we have accepted your order yet and we have not yet entered into a contract together.
4.1 Your order is subject to acceptance by URBANIZED and availability and full payment. We will review your order and within 24 hours we will send you an email either accepting or declining your order. Only after we have accepted your order we officially have entered into a contract together and your bicycle will be shipped to you.
4.2 We reserve the right to postpone, cancel or change any order, even after acceptance of your order, for any reason including, but not limited to:
• If payment attempt for whatever reasons fails;
• Insufficient stock;
• Our shipping partner does not deliver to your area;
• One or more of the goods you ordered was listed at an incorrect price;
• Due to a typographical error, an error in the invoice or any other error
• The order differs from the offer;
• We have reason to suspect that there is a risk of a fraudulent transaction;
To be able to place an order you must:
• Be an adult who’s at least 18 years old;
• If you sign up on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
• Provide true, complete and up to date contact information that includes your full real name and a valid email address.
6.1 Payments can be done immediately, in full upon ordering. If a payment attempt fails your order shall be cancelled.
7. TITLE OF OWNERSHIP
The title of ownership does not transfer to you until all payments have been paid completely and URBANIZED has received the payment in full.
8. PARTIAL DELIVERIES
We are allowed to partial deliveries of the bicycles or its parts. In the event of partial deliveries, we are entitled to invoice each delivery separately.
9. SHIPPING AND DELIVERY
9.1 Shortly after placing an order you will receive an email confirming that your order has been received and is now being processed. You can generally expect to receive your order within 6-8 business days once you received your order confirmation. The date for delivery is given as accurately as possible but is not guaranteed. You shall have no right to damages or to cancel the order for failure for any cause to meet any delivery time stated.
9.2. In case a product does not or several products do not reach the provided address or addresses (when correctly provided), get delayed or get lost during the shipping process, URBANIZED retains the right to a full investigations and search that can take up to 30 days. Within this period URBANIZED retains the right to withhold a full refund or having to resend the same product(s).
9.3. URBANIZED will always provide the progress and results of results of the investigation, upon which suitable and reasonable action can be taken.
10. PRODUCT INSPECTION RESPONSIBILITY
10.1. After receiving the delivery, the client (consumer or business) shall be obliged to carefully inspect the Products immediately upon arrival at their destination or to have these examined upon receipt by the Client itself. The use of a third party acting at its instructions is also allowed.
10.2. URBANIZED must be informed in writing to firstname.lastname@example.org of any complaints in respect of defects to the Products or any discrepancies in quantity or quality between the Products supplied and the specification thereof in the relevant order confirmation or invoice. This must be done no later than within 5 days after the receipt of the Products. The Client must notify URBANIZED of defects that could not in reason have been discovered within the abovementioned period in writing immediately after discovery, but in any case, no later than within 30 days of the receipt of the Products. Should the Client fail to inform URBANIZED within the above mentioned term, its rights to exercise any of its rights with regard to such irregularity or defect have lapsed.
10.3. After establishing any defects or irregularities the Client shall be obliged to immediately cease the use of the Products concerned, under penalty of lapse of the right to exercise any of its rights with regard to such irregularity or defect. The Client shall provide any cooperation URBANIZED may require in order to investigate the complaint.
Client should always consult with URBANIZED in case of any repairs and must give URBANIZED the opportunity to provide reasonable solutions to any repairs.
12. WARRANTY AND RETURNS
12.1. All URBANIZED bikes come with a 2 year warranty.
12.2. Tires, grips, saddle and other moving parts (such as chain, cogs and pedals), are subjective to wear and tear.
12.3. This warranty is expressly limited to the replacement of a defective frame, or defective parts and is the sole remedy of the warranty. Clearly stated this warranty applies only to original owner(s) and is not transferable.
12.4. Claims must be made directly to email@example.com. If you want to claim something under warranty, proof of purchase is required. Always immediately contact us if a part or frame seems to be faulty.
12.5. The Client shall be obliged to immediately cease the use of the Products concerned after discovering any irregularity or defect, under penalty of lapse of the right to exercise any of its rights with regard to such irregularity or defect. The Client shall provide any cooperation to URBANIZED may we require this in order to investigate the complaint.
12.6. This warranty does not cover normal wear and tear, faulty or improper assembly or use, no followup maintenance, or improper installation of parts or accessories.
12.7. The warranty does not apply to damage or failure due to accident, misuse, abuse, or neglect. Modification of or to the frame or components shall void this warranty. URBANIZED is not responsible for incidental or consequential damages.
12.8. The Client shall not be entitled to return Products to URBANIZED before URBANIZED has agreed in writing to such return. The costs of the return consignment shall be for the Client’s account, and the Products shall remain at risk of the Client after receipt by URBANIZED of such Products.
12.9. Client can return all items within 30 days if you still have the original packaging and the product has not been used. If you want to return a bike and don’t have the box, we’ll ship you a new one for €20.
12.10. After URBANIZED has received the package, we will check for any damages or missing parts and if all is well, we will refund you the entire amount within 14 days if the product has been received in good order.
13.1. A reasonable term of refund shall be used for any return or credit. It can take a minimum of 5 working and a maximum of 30 working days before a refund is back with the Client. Within this period client cannot claim anything under the same matter.
13.2. After any return the Product(s) shall be reviewed and judged by URBANIZED. If a full refund cannot be done, URBANIZED will inform client(s) within 7 working days.
14. SLIGHT DIFFERENCES
Whilst every effort is made to ensure that the bicycle received is identical to the model ordered on our Website, our manufacturers and we reserve the right to change the specification. That means that it is well possible that for instance the colour or details of the bicycle or its parts that is shipped to you differs slightly from the one you have seen on our Website.
15.2 When you choose to share your data with us, we know you trust us to do the right thing. Doing the right thing not only means keeping your best interest in mind but also complying with applicable laws and requirements. And when it comes to how and when we use your data, there are many rules governing such practices. A more recent example includes complying with GDPR (the General Data Protection Regulation), a law regulating data protection and privacy for all individuals in the European Union.
15.3 We take these responsibilities extremely seriously and always work to keep your best interest in mind when assessing how to best comply with them.
16. LIMITATION OF LIABILITY
16.1 Consideration should always be given to the nature of advertisements and contracts transacted via the Internet, and the risks involved. You must therefore proceed with care and judgement and common sense when using the Internet, including our Website. You assume full responsibility for any loss that results from your use of the Website. In all events our liability to you and any other third party in any circumstance arising out of or in connection with the Website or any purchase made through the Website shall be limited to the amount which is paid out under our liability insurance. Any liability not covered by our liability insurance shall be limited to the amount that you have paid to us for consideration of your order prior to the action giving rise to liability, with a maximum of €350 in total for all claims.
16.2 If we are in breach of the Terms, we will only be responsible for any losses you suffer as a result and to the extent that they are a foreseeable consequence of both of us at the time you use the Website and made a purchase through it. We shall not be liable for any indirect losses suffered by you which are a side effect of the main loss or damage and which are not reasonably foreseeable by both of us at the time of use of our site.
16.3 Please note that it is your own responsibility that your bicycle complies with the laws of your country. If it turns out that your bicycle does not comply with the laws of your country please do tell us but you cannot hold URBANIZED or any of its officers, directors, employees, agents, partners, suppliers and similar, liable.
17. NO WARRANTIES
We make no claims as to the quality, safety or legality of any of the content on the Website. Neither can we confirm the accuracy of the content and it is subject to change. We do not have an obligation to conduct background checks on third parties on our Website. Client should understand and agree that when downloading or otherwise obtain material or data through the use of the Website at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download of such material or data.
18. THIRD PARTY LINKS
We may provide, or third parties may provide, links to websites or resources operated by third parties. Even if the third party is affiliated with us, we have no control over such websites or resources, you acknowledge and agree that we are not responsible for the availability of such websites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or made available through such websites or resources. Nonetheless, we seek to protect the integrity of our website and the links placed upon it and therefore we ask for your feedback on not only our own website, but for sites we link to as well (including if a specific link does not work).
You agree to indemnify and hold URBANIZED, its directors, employees, agents, partners, suppliers or content providers, harmless from any losses (including attorney fees) that result from any claims you make that aren’t allowed under these Terms due to a "Limitation of Liability" or other provision.
We may update the Terms at any time. When we do, we will revise the "date of last revision" at the top. It is your responsibility to review the most recent version of the Terms frequently and remain informed about any changes to it. By continuing to use the Website and the Platform, you consent to any updates to the Terms. This version of the Terms supersedes all earlier versions, and comprises the entire Terms between you and us.
21. TRADEMARKS AND COPYRIGHTS
We respect the intellectual property of others, and we ask you to do the same. All content on our website, including, but not limited to URBANIZED trademarks and service marks, and all logos, products, images and service names images, illustrations, audio clips, video clips (the “Trademarks”) are protected by international copyright and are the intellectual property of URBANIZED. You are free to use the images of our bicycles solely for your own non-commercial use but you shall not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Trademarks in such a way that implies a relationship, affiliation, or endorsement by us of your product, service, or business and you shall not use any of our Trademarks as part of your own product, business, or service’s name and you shall not alter our Trademarks in any way, or combine them with any other graphics, without prior written consent from us. Modification of the Trademarks, or any portion thereof, or use of the materials for any other purpose constitutes an infringement of copyright and other proprietary rights.
22. EVENTS BEYOND OUR CONTROL- FORCE MAJEURE
We will not be in breach of the Terms, or otherwise liable for any failure or delay in performance, if, due to for instance force majeure, fulfilment or prompt fulfilment of the contract cannot reasonably be demanded of us and we shall be entitled either to postpone fulfilment or to cancel or dissolve the contract. Force majeure, being any situation beyond our control including, without limitation; strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident and similar situations including shortage of inventory either within our own operations or in the operations of third parties from whom we must wholly or partially obtain the necessary materials as well as any other causes outside our responsibility or risk, all of this without prejudice to circumstances that may by law be regarded as force majeure.
23. INTERRUPTIONS IN OUR SERVICE
Whilst we take every care to maintain the continuity of the Website, the Internet is not always a stable medium, and errors, omissions, interruptions of service and delays may occur at any time. As a result, we do not accept any ongoing obligation or responsibility to operate the Website or any particular part of it.
24. SITUATIONS OUTSIDE THE SCOPE OF THE TERMS
If a situation or a circumstance occurs for which the provisions of the Terms do not provide a clear answer, we both agree that we will give effect to our intentions as reflected in the provisions of the Terms and that the other provisions of the Terms will remain in full force and effect.
If any provision of the Terms is found to be invalid by a court of competent jurisdiction, we both nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and that the other provisions of the Terms will remain in full force and effect. If a provision of the Terms (or part of any provision) is found illegal, invalid or unenforceable, the enforceability of any other part of the Terms will not be affected.
26. LAW AND JURISDICTION
26.1 The Terms shall in all respects be governed by the laws of Bulgaria and the competent court shall have exclusive jurisdiction over any claim arising from, or related to, a visit to the Website or any purchase, although we retain the right to bring proceedings against you for breach of these terms in your country of residence or any other relevant country. You agree to comply with all applicable laws, statutes and regulations concerning your use of the Website.
26.2 Any disputes arising from the Agreement or these Terms shall be brought exclusively before the competent court in Bulgaria.