THESE GENERAL TERMS AND CONDITIONS APPLY FOR THE CONCLUSION OF SALES CONTRACT BETWEEN SELLER AND BUYER FOR ELECTRIC BIKE NOORDUNG
I. DEFINITION OF TERMS
Seller: NOORDUNG, urbana kolesa, d.o.o. / NOORDUNG, urban bikes, Ltd., Skapinova cesta 2a, 1000 Ljubljana, Slovenia, VAT number: SI81921837, registration number: 6998801000, IBAN: SI56 0310 0100 3156 252 / SWIFT SKBASI2X, opened at bank SKB d.d. (hereinafter also as: NOORDUNG d.o.o.)
Buyer: A natural or legal person who accepts the offer and concludes a contract with Noordung d.o.o. for the sale of bicycle NOORDUNG. The offer is considered to be accepted when the Buyer pays to the Seller’s bank account the reservation amount specified in the offer.
Product or subject of purchase: Bicycle NOORDUNG, type/model as stated in the offer issued by the Seller. Any and all photographs of the Product on the web site www.noordung.com are to be regarded as illustrative. Photographs do not guarantee Product properties. In case of unavailability of an individual bicycle component, the Seller reserves the right to replace it with an equivalent at his choice.
Price, VAT: The price of the Product is stated in the offer. The price is expressed in nett Euros, Value added tax (VAT) shall be charged according to valid legislation (subject to changes). Price does not include any customs duty, if applicable. Price does not include delivery costs.
Consumer: The consumer is a natural person who buys a Product for purposes which are not for his/hers professional activity or economic purposes.
II. REQUEST FOR PURCHASE, CONCLUSION OF CONTRACT, DELIVERY
Conclusion of the contract and payment of the purchase price: After receiving the request for purchase of the Product, the Seller shall send to the Buyer an offer. The Buyer must pay a reservation in the amount of 100 EUR within due date stated in the offer on the Sellers bank account no. IBAN SI56 0310 0100 3156 252 / SWIFT: SKBASI2X (SKB d.d.) and send proof of payment by e-mail to: firstname.lastname@example.org (“reservation payment”). Following the receipt of payment, the Seller shall send to the Buyer on his e-mail confirmation of the received payment. When the seller receives the reservation payment it shall be deemed that the Buyer accepted the offer and the contract for the purchase of Product has been concluded.
The rest of the purchase price for the Product must be paid from the Buyer to the Seller prior to delivery in accordance with Seller’s instructions that will be sent prior to delivery.
Methods of payment: The Seller offers the option of paying the purchase price via bank transfer to the bank account of the Seller: IBAN SI56 0310 0100 3156 252 opened at bank SKB d.d. / SWIFT: SKBASI2X.
Delivery of the Product, invoice: The Seller is obliged to deliver the Product. The Product is not in stock, it will be supplied based upon each order. The Seller shall deliver the Product within the time limit as specified in the offer. The Seller shall issue an invoice for the Product when the Product will be ready for delivery.
Method and place of delivery, acceptance of Product: Delivery shall be made to the address indicated by the Buyer when placing request for purchase of the Product. The Seller shall deliver the Product to the Buyer with recognized international delivery company DHL or other comparable delivery company.
Costs of delivery: Delivery costs shall be borne by the Buyer and must be paid prior to delivery in accordance with Seller’s instructions, that will be sent prior to delivery.
Customs duty: Within import of Product in countries outside the European Union, the Product may be subject to customs procedures and duties. All costs related to customs procedures and duties are to be paid by the Buyer.
III. WARRANTY, LIABILITY FOR DEFECTS
The technical characteristics of the Product, instructions for use: Technical specifications and instructions for use (user manual) for the Product are enclosed to the Product.
Warranty guarantee: The Seller gives a 6-year warranty period for the carbon frame of the bicycle, 4-year warranty for the e-motor, 2-year warranty respectively warranty for max. 500 of cycles for battery pack (whichever comes first) and 2-year warranty period for all other parts the bicycle. The warranty applies only under normal usage of Product and in accordance with the terms of the warranty. During the period of warranty, the Seller offers free repair of defects of the Product respectively its parts in accordance with the terms of the warranty. The warranty guarantee shall enter into force on the date when the Product has been delivered to the Buyer.
Enforcing of warranty: In case of enforcement of warranty the Buyer is obliged to act in accordance with the instructions as set out in the warranty sheet enclosed to the Product.
Responsibility of the Seller for defects: Seller is responsible for defects on the Product. The provisions of the Code of Obligations of Republic Slovenia shall apply for liability for defects; in the event that the Buyer is a natural person (“consumer”), the provisions of the Consumer Protection Act also apply.
The consumer may exercise his rights on defects, if he informs the Seller within two months from the date when the defect was discovered. The consumer must precisely describe the defect and enable the Seller to inspect the Product. Defect notice must be made by consumer in writing to the Seller. Seller is not responsible for defects which appear after one year, since the Product was delivered.
IV. OBLIGATIONS OF BUYER
Obligations of Buyer: (i) The Buyer shall treat the Product in accordance with technical instructions (user manual) attached to the Product and he/she may not alone, either with a help of a third party, open a multifunctional device “Boombox” on the Product; multifunctional device “Boombox” on the Product may only be opened by the Seller, otherwise the Seller shall refuse to repair the Product under warranty guarantee.
V. THE CONSUMER’S RIGHT TO WITHDRAWAL
The consumer’s right of withdrawal: the consumer has the right to withdraw from the contract within 30 days from the date of delivery of the Product, without having to state a reason for his decision. To exercise the right of withdrawal, the consumer has to inform the Seller Noordung d.o.o., Skapinova cesta 2a, 1000 Ljubljana, Slovenia, email@example.com of his decision with a clear statement (eg. By a letter sent by post or e-mail). Statement relating to the enforcement of the consumer’s right of withdrawal must be sent before the end of the withdrawal period. Purchased Product must be returned to the address of the Seller no later than 30 days from the date when the consumer informed the Seller about his withdrawal from the sales contract. Product must be returned unused, undamaged, in original packaging with all accompanying documentation. If the consumer withdraws from the sales contract, the Seller shall no later than 14 days from the date of receipt of statement of withdrawal from the contract and provided that the consumer has returned the Product to the address of the Seller, reimburse to the consumer all payments, except the costs of returning the Product to the Seller, which shall be borne by the Buyer (i.e. consumer). Seller shall reimburse payments by transfer of money to the bank account of the consumer. The Seller shall withhold the refund of the received payments until the returned Product is accepted by the Seller.
The consumer does not have the right to withdraw from the sales contract when the Product is manufactured according to the exact instructions of the consumer and adapted to his personal needs.
VI. THE RIGHT TO WITHDRAWAL OF OTHER BUYERS
The right of withdrawal of other buyer: the Buyer, who is not a consumer has the right to withdraw from the contract within 30 days from the date of delivery of the Product, without having to state a reason for his decision. To exercise the right of withdrawal, such Buyer has to inform the Seller Noordung d.o.o., Skapinova cesta 2a, 1000 Ljubljana, Slovenia, info@noordung. com of his decision with a clear statement (eg. By a letter sent by post or e-mail). Statement relating to the enforcement of the Buyer’s right of withdrawal must be sent before the end of the withdrawal period. Purchased Product must be returned to the address of the Seller no later than 30 days from the date when the Buyer informed the Seller about his withdrawal from the sales contract. Product must be returned unused, undamaged, in original packaging with all accompanying documentation. If the Buyer withdraws 004 from the sales contract, the Seller shall no later than 30 days from the date of receipt of statement of withdrawal from the contract and provided that the Buyer has returned the Product to the address of the Seller, reimburse to the Buyer all payments, except the costs of returning the Product to the Seller, which shall be borne by the Buyer. Seller shall reimburse payments by transfer of money to the bank account of the Buyer. The Seller shall withhold the refund of the received payments until the returned Product is accepted by the Seller.
VII. PERSONAL DATA PROTECTION
Personal data protection: The Seller shall for the services provided, collect, manage, process and store the following information about Buyer:
- name and surname,
- address and shipping address,
- e-mail address,
- contact telephone number,
- country of residence,
- TAX no.
By accepting of these general terms and conditions it is considered that Buyer gives explicit personal consent to the Seller for use and process of Buyers’ personal data. Based on Buyers personal consent the Seller may process personal data for the purposes mentioned above.
VIII. LEGISLATION, DISPUTE RESOLVING
Legislation: These general terms and conditions and the sales contract for the Product have been prepared in accordance with the legislation of the Republic of Slovenia.
Complaint procedure: The Seller has a system for dealing with complaints. The Buyer may send his complaint by e-mail on: firstname.lastname@example.org. The Seller shall contact the Buyer regarding the compliant within 10 business days and submit him the reply to the complaint.
Dispute resolution: The Seller will try to settle any dispute with Buyer in an amicable manner. If an amicable settlement is not reached, all disputes between Buyer and Seller shall be settled by competent court in Ljubljana, Slovenia.
Settlement of consumer disputes: The Seller does not recognize any contractor as competent for out-ofcourt dispute settlement regarding consumer disputes, which the consumer may trigger in accordance with the Out-of-Court Resolution of Consumer Disputes Act. The Seller therefore publishes an electronic link to the platform for online dispute resolution for consumer disputes (SRPS). The platform is available to consumers at the following web address: ec.europa.eu/ consumers/odr.