terms-of-use – electric bicycle and scooter

Website – Terms

Welcome to the w-ebike&w-ebike website
1. E-mail address: yunfang@w-ebike.com.
2. These are the terms of use for our website accessible via w-ebike.com.
We respect your privacy This website uses cookies as indicated in our cookie policy. Your personal data are processed in accordance with our data protection policy.
Intellectual property
1. If you comply with these terms, we grant you a non-exclusive, non-transferable, limited and revocable right of use of the website for non-commercial purposes, as described in this document.
2. This website and all content that we put at your disposal, including software, pictures, graphic elements, logos, documents, texts, slogans, user content, and other information (“Content”), as well as all related intellectual property rights (including copyrights, database rights and trademark rights) and other rights, are our exclusive property, or are the property of their respective holders.
3. You are not allowed to copy, display, republish, translate, offer, transfer or distribute in any way, any part of the website or of the Content, expect as explicitly allowed in these terms or otherwise explicitly permitted in writing by us and the respective holders.
Contents
1. w-ebike may provide links to third party apps/contents/services for information purposes.
2. w-ebike may also allow users to post contents such as pictures, ratings, reviews, comments, questions, and other information (“User Contents”), which are the property of the user concerned.
3. You agree not to post User Contents with any commercial or professional purposes or that may be unlawful, harmful, abusive, offensive, defamatory, infringing, harassing, invasive of personal privacy or otherwise inappropriate. We reserve the right to refuse and/or remove any User Contents that we believe, in our sole discretion, violate these terms.
4. By posting User Contents on this website: you grant us a non-exclusive, transferable, sublicensable, royalty-free, perpetual, worldwide and irrevocable license to use, modify, translate, reproduce, publish and distribute your User Contents in connection with w-ebike and any other of our services and of the services of our affiliated companies; you grant each User of this website a non-exclusive, non-transferable and royalty-free license to use your User Contents as permitted through the features of the website and in accordance with these terms; you represent and warrant that you have all rights necessary for the purpose of this section.
Liability
1. We do not explicitly or implicitly make any commitment concerning: the website’s availability at a specific place and a specific point in time, or its compatibility with your hardware, or undisturbed use, continuity, the absence of viruses, bugs or other faults and any remedies; the website’s content, including the User Contents and the links to third party apps/contents/services.
2. To the extent permitted by applicable law, we are not liable for any harm resulting from the website and our products and services, unless in the case of intentional fault.
3. Our liability is in any case excluded for indirect damages such as loss of income, loss of productivity and loss of data, or for moral damages, including (but not limited to) reputational damage.
4. The limitation of liability in the foregoing sections applies to the extent permitted by applicable law, irrespective of the applicable liability regime, and even in case of serious fault.
5. Despite the foregoing provisions, if w-ebike is found liable, our liability is, in any case, limited to 100 EUR.
Final provisions
1. These Terms of Service and any separate agreements whereby we provide you shall be governed by and construed in accordance with the laws of
  UK
  MICROS INNOVATION TECHNOLOGY LTD 20 CARVILLE GROVE HINDLEY GREEN WIGAN ENGLAND. (THIS IS NOT A RETURNING ADDRESS)
2. If you do not accept these terms, then you must stop all use or visiting of the website.

Bike – Terms

E-mail address: yunfang@w-ebike.com.
Identity of the vendor
Definitions w-ebike w-ebike whose details are mentioned under 1 above. Client (hereinafter ‘you’ or ‘Client’) Any natural or legal person with whom w-ebike enters into an agreement or with whom w-ebike is negotiating about the conclusion of the agreement. Consumer Any natural person who is acting for purposes which are outside his trade, business, craft or profession; Product Any good or service offered by w-ebike
Applicability
1. w-ebike ‘s conditions of sale apply to every offer of product from w-ebike to the Client.
2. w-ebike delivers new bikes exclusively to United Kingdom, United States, Netherlands, Poland, United Kingdom, Germany, France, Canada, Australia.If you submit a delivery address outside these countries, w-ebike reserves the right to decline the order.
3. To be able to place an order, you must be above the age of 18 and not legally incapacitated and have a valid e-mail address. If it comes to w-ebike ‘s attention that an order is made by a minor, w-ebike reserves the right to decline the order.
4. You shall bear the sole and exclusive responsibility for all aspects of your rides, including the compliance with all road, traffic and insurance rules that may apply to you. These rules may vary in each country. It is your responsibility to assess your compliance in this respect. In Belgium, for example, you must equip your w-ebike with front, rear and wheel reflectors as well as a bell in order to comply with the traffic code.
5. You shall bear your owns costs relating to the use of your w-ebike bike, including any costs relating to your reloading of the battery, bell and reflectors.
6. Placing an online order on the website constitutes a formal acceptance of w-ebike’s conditions of sale, of the w-ebike app’s conditions of use and of w-ebike’s data protection policy, which are available on our website.
Our offer and your order
1. w-ebike explicitly states in its offer when it is only valid for a constrained period of time or is subject to specific conditions other than those set out in these conditions of sale
2. w-ebike describes in a clear, complete and accurate way the products it sells to you, as well as the steps of w-ebike’s delivery process.
3. The purchase agreement between us is concluded once w-ebike confirms your order in writing. The confirmation will follow after w-ebike receives approval from the issuer of your card. Orders without valid payment by name of the registered cardholder will not be accepted or processed by w-ebike . When you use the bankcard from another cardholder, you confirm you have the permission to use that bankcard to make the purchase from w-ebike and issue the payment. Should the issuer of your card refuse to agree on your payment to w-ebike , w-ebike cannot be held responsible for any delays in the delivery and/or non-delivery of your order. w-ebike accepts the following payment methods: Visa, MasterCard and Bancontact.
4. w-ebike shall deliver the goods within 30 days of w-ebike’s written order confirmation.
5. In order to purchase a product, you add it to your shopping cart. Next, you submit your contact details and billing data. Subsequently, you confirm the delivery via Mondial Relay. In the final step you are led to an overview page. By pressing the button “order and pay”, you accept w-ebike’s conditions. If you have completed these steps, your order becomes final.
6. These terms and conditions may be updated from time to time. We reserve the right to modify, amend, or change these terms and conditions at any time, with or without notice to you. It is your responsibility to review these terms and conditions periodically to ensure that you are aware of any changes. By continuing to use our products after any modifications, amendments, or changes to these terms and conditions, you agree to be bound by such revised terms. Furthermore, we reserve the right to apply the new limitations or any other changes retroactively to previous purchases.
7. All promotions are incompatible with one another, except if stated otherwise.
Right of withdrawal
1. If you are a consumer, you have the right to withdraw from your purchase and return your order without giving any reason. If you withdraw, you will lose access to the w-ebike app.
2. The withdrawal period shall expire after 14 days from the day on which you or a third party other than the carrier and indicated by you acquires physical possession of the goods. When goods are delivered in multiple lots or pieces, the withdrawal period shall expire after 14 days from the day on which you acquire the physical possession of the last lot or piece.
3. Please note that you cannot exercise a right to withdrawal in case of goods made to the consumer’s specifications or clearly personalised.
4. You shall send back the goods or hand them over to w-ebike, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
5. The return shipping costs are at the customer’s expense. You shall handle the order as well as the packaging with the utmost care during the first 14 days after delivery. You, the customer, are responsible for returning the bike in its original condition. The product must be correctly protected, in its original packaging, in perfect condition for resale.
6. Delivery refusal is considered a return, therefore return shipping fees will be applicable.
7. You are liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. In order to establish the nature, characteristics and functioning of the goods, you should only handle and inspect the product in the same manner as you would be allowed to do in a shop.
8. Installing the pedals and/or adjusting the handlebars and/or adjusting the saddle is likely to create small claws which diminish value of the bike. To the extent that these actions are not necessary to establish the nature, characteristics and functioning of the bike, you are liable towards w-ebike for any diminished value caused by these actions. Riding the bike is considered handling the goods beyond what is allowed in a shop. In case of a dispute, proof such as a photo taken at the time of shipping is required.
9. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of incorrect handling of the goods.
10. In case you send the goods back to w-ebike, w-ebike can refuse repayment as long as w-ebike has not received the returned goods or until you have proved you have returned the goods, depending on which event occurs first.
11. w-ebike shall reimburse you not later than 14 days starting from the day we received your returned goods. If w-ebike offers to collect the goods itself, you will be reimbursed within 14 days starting from the day you informed w-ebike to withdraw from the purchase agreement.
12. w-ebike shall use the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise and provided that you do not incur any fees as a result of such reimbursement. w-ebike shall not reimburse the supplementary costs, if you have expressly opted for a type of delivery other than the least expensive type of standard delivery offered by w-ebike.
13. In order to exercise your right to withdrawal, you can fill out the form in annex (or make a similar unequivocal statement) and send it by mail or e-mail as indicated under 1 above. We will send you an acknowledgement of your withdrawal.
Price
1. The applicable prices are those in force at the moment of the conclusion of the purchase agreement. During the period w-ebike mentions in its offer, w-ebike’s prices do not change, except for price changes that may result from changes in tax rates.
2. Unless provided otherwise, the prices mentioned in our offers include VAT and all other taxes but exclude the shipping costs. The shipping costs may vary depending on the delivery mode and country of delivery.
3. w-ebike will always inform you about the total price before you proceed to your order.
Payment
1. We only accept advance payment through our website using the payment methods indicated on our website (see section 4 above).
2. In order to guarantee safe online payment and the safety of your personal data, the transaction data will only be wired while encrypted with SSL technology. In order to make payments with SSL no special software is required.
Warranty
1. If you are a consumer you have a legal warranty of 2 years for the goods you purchased from w-ebike. This 2-year warranty still applies if the bike is transferred to another owner, and the warranty expires 2 years after the bike was originally (first) purchased.
2. Bikes sold via the w-ebike Circular program come with a 1 year warranty.
3. This warranty covers all original components against defects in workmanship and materials (e.g. in case the products do not correspond with the product description in the user manual or do not correspond with the advertisement of the product).
4. During the first six months of your warranty, you do not have to prove the defect was already present when you bought the product.
5. The warranty does not cover damages or defects due to accidents; an incorrect assembly or installation of the product by the user; an improper or negligent use; operation or transformation of the product; a maintenance contrary to the maintenance instructions of the product (eg. lack of maintenance of the brakes).
6. The warranty does not extend to parts that naturally deteriorate and need to be replaced due to normal use. The anticipated lifetime of these parts is dependent on factors such as the extent of use, maintenance, and overall handling. It is the responsibility of the owner to regularly inspect and adequately maintain their bicycle, and replace parts when they have reached their wear threshold. These parts include but are not limited to; tires, tubes, brake discs, brake pads, cables, belts, sprockets, spokes, bearings, saddle damage.
7. It is the responsibility of the customer to ensure that the battery is charged at the appropriate intervals (6-8 weeks) if not using the bike. Failure to do so may cause the battery to go into deep discharge mode, which is a necessary safety feature and requires a replacement of the battery at cost to the customer.
8. The warranty explicitly excludes coverage for any issues arising from the alteration or transformation of the product, including the use of third-party applications to modify or adjust motor controller settings. It is important to note that even a single modification can directly result in damages. Moreover, if such alterations lead to issues with other aspects of the bike, including its hardware, those specific issues will also not be covered under this warranty.
9. Claims under the warranty must be made directly to w-ebike. Any repair under warranty needs to be executed by w-ebike or approved by w-ebike in advance. If not, w-ebike has the right to refuse the warranty claim.
10. If a warranty claim is accepted, we will, in our sole discretion, provide a replacement (which is not necessarily identical) for any defective part or component(s), or we may make reasonable commercial efforts to fix the part or components. w-ebike will cover the expenses of the part, shipping, and any associated repair labor costs. Any additional transportation costs (such as those incurred if the customer requests an on-site technician to carry out the repair, or travel expenses to and from a service point) will be the responsibility of the customer.
11. The customer must return the defective part under warranty (replaced during a repair) to w-ebike, unless specifically stated otherwise by w-ebike. w-ebike has the right to withhold further repairs or support until the defective part has been returned to w-ebike.
12. Any replacement parts or components will be covered under warranty for the same length of time as the original product, and will expire at the same time as the original product’s warranty.
13. The warranty referred to in this article applies to products intended for use within w-ebike shipping countries: Belgium, Netherlands, Germany, France, UK, Luxembourg, Denmark, Sweden, Italy, Spain, Austria, USA. w-ebike has no (warranty) obligations towards the consumer should the product be used outside those countries.
14. Scratches and cosmetic damage (such as colour fading and paint chipping) are not covered by warranty.
Delivery and execution
1. All products are delivered to the address you gave w-ebike as delivery address or address of execution of the service.
2. The delivery period indicated by w-ebike shall be based on the circumstances applicable to w-ebike at the time the agreement was entered into.
3. Unless the parties have agreed otherwise of the time of delivery, w-ebike shall deliver the goods by transferring the physical possession or control of the goods to the consumer without undue delay, and not later than 30 days from the conclusion of the contract.
4. Where w-ebike has failed to fulfil its obligation to deliver the goods at the time or within the time limit agreed upon with you, you shall call upon w-ebike to make the delivery within an additional period of time appropriate to the circumstances. If w-ebike fails to deliver the goods within that additional period of time, you shall be entitled to terminate the contract.
5. The delivery takes place via Mondial Relay. The process is as follows: (1) you make an appointment and (2) the bike is delivered to the place indicated by you.
6. When w-ebike dispatches the goods to you, the risk of loss of or damage to the goods shall pass to you when you or a third party indicated by you and other than the carrier has acquired the physical possession of the goods. However, the risk shall pass to you upon delivery to the carrier if the carrier was commissioned by you to carry the goods and that choice was not offered by w-ebike, without prejudice to your rights against the carrier.
7. Delivery charges apply for all bike purchases, including both new and Circular bikes. The delivery options and charges will be clearly stated at checkout.
Force majeure
1. If w-ebike is unable to fulfil any of its obligations towards the Client due to force majeure, these obligations shall be suspended during the force majeure situation.
2. Events of force majeure are all circumstances external to w-ebike’s will and control that render the respect of our obligations completely or partly impossible. Such events include amongst others strikes, fire, disruption of energy supplies or telecommunication networks or communication systems and/or the temporary down-time of the webshop, late delivery or absence of delivery by suppliers or other third parties.
Intellectual property
1. All content that we put at your disposal via our website and any other communication mean, including software, pictures, graphic elements, logos, documents, texts, slogans, user content, and other information (“Content”), as well as all related intellectual property rights (including copyrights, database rights and trademark rights) and other rights, are our exclusive property, or are the property of their respective holders.
2. You are not allowed to copy, display, republish, translate, offer, transfer or distribute in any way, any part of the Content, expect as explicitly allowed in these conditions or otherwise explicitly permitted in writing by us and the respective holders.
Liability
1. We do not explicitly or implicitly make any commitment concerning: the app’s availability at a specific place and a specific point in time, or its compatibility with your hardware, or undisturbed use, continuity, the absence of viruses, bugs or other faults and any remedies; the app’s content, including the user-generated content and the links to third persons’ services.
2. To the extent permitted by applicable law, we are not liable for any harm resulting from our products, unless in the case of intentional fault.
3. Our liability is in any case excluded for indirect damages such as damages resulting from an accident, loss of income, loss of productivity and loss of data, or for moral damages such as reputational damage.
4. The limitation of liability in the foregoing sections applies to the extent permitted by applicable law, irrespective of the applicable liability regime, and even in case of serious fault.
5. Despite the foregoing provisions, if w-ebike is found liable for a given damage, w-ebike’s liability is, in any case, limited to the price you have paid for the w-ebike products concerned or to the sums effectively paid to w-ebike by its insurance for the indemnification of the damage concerned, whichever is higher.
Complaints
1. If you would have complaints concerning w-ebike’s products, please do not hesitate to contact us as indicated under 1 above.
2. These Terms of Service and any separate agreements whereby we provide you shall be governed by and construed in accordance with the laws of UK
  MICROS INNOVATION TECHNOLOGY LTD
  20 CARVILLE GROVE HINDLEY GREEN WIGAN ENGLAND. (THIS IS NOT A RETURNING ADDRESS)
3. If you are a consumer, you can contact the Federal Consumer Mediation Service for an out of court settlement of consumer disputes https://consumerombudsman.be/en.
4. In case of cross border dispute, you can contact the Online Dispute Resolution platform of the European Union https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN.
Employee protection policy
1. We do not accept any discriminative, abusive or harassing behavior towards any of our w-ebike employees or partners and reserve the right to refuse service if this policy is violated.
2. For more information, please visit our full employee protection policy here.
Final provisions
1. If, irrespective of the reason, a provision in this agreement is found invalid, void or unenforceable, then this declaration will not affect the validity of the other provisions. In such a case, the parties commit to replacing, by mutual agreement, the provision that is declared void, invalid or enforceable by a new provision that embodies, as closely as possible, the purpose of the parties and the spirit of these conditions.
2. An omission or a negligence in enforcing a provision of these conditions does not imply a waiver of such provision.

Annex – Model withdrawal form

“MODEL WITHDRAWAL FORM” (complete and return this form only if you wish to withdraw from the contract) -TO yunfang@w-ebike.com I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*), – Ordered on (*)/received on (*), – Name of consumer(s), – Address of consumer(s), – Signature of consumer(s) (only if this form is notified on paper), – Date (*) Delete as appropriate.