General Terms of Sale
Article 1 General
https://bodhicycling.be/ and https://bodhicycling.cc electronic web shop of BVBA Perseverantius, which trades under the name “Bodhi”, with registered office at BODHI UK, 206 COOMBE LANE, LONDON, SW20 0QT and with company VAT number 233210462 offers its buyers the possibility to purchase clothing (hereinafter referred to as the ‘Items’) online.
These terms and conditions (the “Conditions”) apply when the Purchaser (“Purchaser”) is a natural or legal person who acquires or uses supplied goods or services exclusively for non-commercial purposes, i.e. individuals.
The Conditions apply to any Item purchased through our web shop https://bodhicycling.be/ and are an integral part of the agreement between Bodhi and the Purchaser, to the exclusion of the own conditions of the buyer. These conditions can be waived only in writing.
By entering into an agreement with Bodhi, the Purchaser agrees to accept the Terms and Conditions.
If one or more provisions of these terms and conditions are not legally valid, the remaining provisions of these terms and conditions still fully apply.
Article 2 Offer and conclusion of agreement
2.1 If you wish to place an order, you must create a personal account as specified in the user terms and conditions on our website.
2.2 You enter into a contract and Bodhi is legally obliged to deliver the Item to the Purchaser when Bodhi accepts the order of the Purchaser. Acceptance occurs when Bodhi explicitly accepts the order in an e-mail addressed to the Purchaser, in the form of a document called “order confirmation” (“Confirmation”), in which acceptance of the order is confirmed and which includes the order form (“Order form”). Unless an explicit statement in which Bodhi accepts the order, every e-mail, letter, fax, or other form of acknowledgement of receipt regarding the order is for information purposes only and does not apply as a Confirmation. Bodhi may refuse at its sole discretion to accept your order for any reason, including unavailability of the Items, or offer the Purchaser an alternative Item (of which the Purchaser may be asked to place the order again).
2.3 The Confirmation should be regarded as final and binding from the moment Bodhi sends it to the Purchaser by Bodhi. Without devaluating the payment obligation of the Purchaser, Bodhi can send the Purchaser an invoice anytime after Bodhi accepts the order. The Purchaser agrees that the invoice will be received solely electronically, without prejudice to his right to request a paper copy within a maximum of five (5) days after receiving the electronic invoice. Until the moment Bodhi accepts the order, Bodhi reserves the right to refuse to take the pending order and retains the Purchaser the right to cancel the order. If the Purchaser or Bodhi has cancelled the order before Bodhi accepted it, Bodhi will as soon as possible refund every already made payment to Bodhi for the Order of the Items by the Purchaser or by his credit or debit card institution.
2.4 If the Purchaser after placing the order on Bodhi’s website discovers that he has made a mistake in his order, he must get in contact by e-mail: firstname.lastname@example.org
Article 3 Price
3.1 Whatever the price you seen and/or heard anywhere else, from the moment you select an Item that you wish to order it will be indicated on the website how much the costs will be (the “Price”). All Prices are always inclusive of VAT and all other required taxes for the Purchaser. The delivery costs and any other charges are listed separately.
3.2 The assignment of Price only refers to the Items as are literally described on the Bodhi website. The accompanying picture is meant decoratively and can contain elements or Items that are not included in the Price.
3.3 If the Price of the order changes before Bodhi accepts the order, Bodhi will contact the Purchaser to confirm whether the Purchaser wishes to maintain the order at the amended price.
Article 4 Delivery
4.1 Bodi takes the necessary steps to supply the Items as listed on the Order form, with the understanding that small, reasonable deviations from the on the Order form specified delivery estimate may not give rise to damages or rescission of the contract, except in the case of a shortcoming on Bodhi’s part. Colours of Items may vary slightly from the colours in the picture on your computer screen.
4.2 The goods or services are delivered within the delivery estimate specified on the Order form, taking into account the customary tolerance inherent to the nature of the industry or trade. Bodhi will try to keep the Purchaser informed when it expects to not to meet the estimated delivery date, but Bodhi is, to the extent permitted by law, not liable for any loss, liability, value, damages, costs or expenses arising from late delivery.
4.3 The Items are delivered to the delivery address stated in the Order form. The Purchaser should be aware that it might be impossible for Bodhi to deliver the Items in certain locations. If that is the case, Bodhi will inform the Purchaser using the contact information that is provided by the Purchaser when placing the order. Bodhi will do its best to cancel the order free of charges or to ensure the delivery to an alternative address.
4.4 Any visible defect of the Item or failure to conform must be specified on the delivery form and subsequently be reported by the Purchaser; otherwise the delivery will be deemed accepted.
4.5 All risks connected to the Item will be transferred to the Purchaser upon delivery unless the delivery is delayed due to breach of certain contractual obligations by the Purchaser, as the risk will be transferred to the Purchaser on the date when delivery should have taken place without violating obligations of the Purchaser. When the risk has transferred to the Purchaser, Bodhi disclaims all liability in case of loss or destruction of the Item.
4.6 The Purchaser agrees to be available to receive the Item appropriately, without unnecessary delay and at any by Bodhi specified reasonable time. If the Purchaser is not available to receive or collect, Bodhi can leave a notice to the Purchaser with instructions for a second delivery attempt or collection from the transport company. When delivery or collection is delayed by the unreasonable refusal of the Purchaser to accept the delivery or if the Purchaser does not accept delivery or collection from the transport company (within two weeks following the first attempt to deliver the Purchaser the Item), Bodhi may (without prejudice to any other right or other action available to it) take one or both of the following steps:
a) charge the Purchaser reasonable storage costs and other reasonable costs made by Bodhi; or
b) make the Item unavailable for delivery or collection and let the Purchaser know that Bodhi cancels the relevant contract immediately. In that case Bodhi refunds any amount already paid under the relevant contract to Bodhi by the Purchaser or his credit or debit institution, minus reasonable administrative costs incurred by Bodhi (including those for the attempted delivery and the subsequent return of the Item, as well as all other storage costs as provided in clause 4.6 (a) above)
4.7 Bodhi is entitled to deliver the Items in instalments, unless this agreement is waived or if the partial delivery has no independent value. Bodhi is entitled to invoice the thus delivered Items separately.
Article 5 Time for consideration
5.1 The Purchaser has the right to notify the company that he renounces the purchase without penalty and without giving a reason within fourteen (14) calendar days from the day following the delivery of the goods or the conclusion of the service agreement. Condition is that Bodhi is informed in writing by the fact that the relevant contract is being cancelled and the Purchaser returns the Item at his own risk and expense. Once the Purchaser is already in possession of the Items he is required to preserve them and to take care of them. Items should be returned to Bodhi in original condition, including the original packaging.
5.2 Once the Purchaser has informed Bodhi that he wishes to exercise his right of withdrawal, any amount debited by Bodhi will be reimbursed to the Purchaser as soon as possible, and in any event within thirty (30) days following the withdrawal, or an equivalent Item will be supplied in consultation with the Purchaser.
Article 6 Protests
6.1 The Purchaser is obliged to check the delivery for accuracy at the time of delivery, or in any case (do) within the shortest possible time. In addition, the Purchaser is ought to check whether the quality and quantity of the delivered goods comply with what was agreed.
6.2 Hidden defects must be reported to Bodhi by the Purchaser in writing within two years after delivery. Complaints concerning hidden defects will not be accepted after this deadline. Furthermore, the Purchaser should inform Bodhi in writing about the hidden defect within 30 days of establishing the hidden defect.
6.3 If the Purchaser refuses an order after the consideration period of 14 days, terminates the contract or does not wish to implement the contract after the consideration period of 14 days, he must pay a compensation of 15% of the total amount of the agreement, with a minimum of 75.00 euros, subject to the right of Bodhi to demand the enforcement of the agreement and subject to the right of Bodhi to prove higher damage and to accordingly claim damages. From the date of the notice of default to pay for these damages a default interest on the amount of the damages is owed to statutory rate of interest. The Purchaser has the same option if Bodhi refuses to deliver an order, terminates the contract or wishes not the implement the contract.
6.4 The Purchaser may demand damages in case Bodhi does not fulfil its commitments inconsequence of fraud, wilful misconduct or a shortcoming of which it is responsible. In all other cases Bodhi is not liable. The damages will in any case be limited to an amount equal to up to twice the value of the agreement excluding costs as is evidenced by the corresponding invoice. Indirect damage is not recoverable.
Article 7 Exchange
7.1 If the Purchaser has a bicycle accident during the first two year after the purchase date of the Items he will receive a discount of fifty percent (50%) of the purchase price of a future purchase through the website. The discount will be granted on the condition that the Purchaser sends the previously purchased Items to Bodhi and orders a minimum of 3. There is no discount granted in case of fraud, wilful misconduct or a shortcoming by the Purchaser.
7.2 If the Purchaser, due to the many cycling, acquired a different clothing size within the first two years of the purchase date of the Items he will receive a discount of fifty percent (50%) of the purchase price of a future purchase through the website (jersey downsize deal). There is no discount granted in case of fraud, wilful misconduct or a shortcoming by the Purchaser.
Article 8 Payment
8.1 The Purchaser shall pay the Price and additional costs such as administration and delivery costs in full at the time the order is placed. The Purchaser must hand over to Bodhi the details of a credit or dedit card of a by Bodhi acceptable credit or debit card institution or the details of a PayPal account. Bodhi needs these details to be able to take care of the order. The Purchaser can also pay in any other way accepted by Bodhi, but Bodhi is not obliged to deliver the goods until it has received the full payment. Based on the results of a credit check Bodhi reserves the right to not use certain payment methods and refer the Purchaser to any of our other payment methods.
8.2 When the Purchaser is asked about the details of his debit card, he should have the full authority of use for this card or account. There must be sufficient funds on the card or account to cover the requested payment.
8.3 The Purchaser commits that all the details he passes on to Bodhi to purchase any of the Items are correct, that the credit or debit card or account or any other payment method used by the Purchaser belongs to the Purchaser and that the Purchaser has enough credit or credit facilities to cover the costs of the Item. Bodhi reserves the right to validate the payment details of the Purchaser before delivering the Item to the Purchaser.
8.4 In case of overdue payment the Purchaser owes, legally and without notice, a late payment interest on the outstanding invoice amount. This default interest is consistent with the interest at the statutory rate. Furthermore, the Purchaser owes Bodhi in that case a fixed compensation for 10% of the outstanding invoice with a minimum of 30 euros per invoice.
8.5 In case of overdue payment any agreed discount will be cancelled.
8.6 If Bodhi does not fulfil its obligations, the Purchaser is entitled to demand compensation in accordance with the law.
8.7 Complaints on an invoice send to the Purchaser by Bodhi must be notified in writing and stating the reasons for the complaint to Bodhi and should be received by Bodhi fourteen days after the invoice date, in case of failing of doing so it is deemed that the Purchaser has approved the invoice.
8.8 Notwithstanding the provisions of the law Bodhi invoices will immediately and without notice be claimable as soon as the Purchaser in any way loses the free disposal of his assets. In that case Bodhi is also entitled to terminate the contract in whole or in part, in which the Purchaser is obliged to pay compensations for the damage and lost profits suffered by Bodhi.
Article 9 Retention
9.1 As long as Bodhi has claims against the Purchaser, all Items supplied by Bodhi remain Bodhi property, even if the Purchaser has paid them. By placing an order the Purchaser explicitly agrees with the retention.
9.2 As long as the retention is in force the Purchaser is prohibited to sell, rent, trade, cede to others, pawn or to remove the supplied Items from the space they are held.
9.3 The Purchaser shall inform any third party that seizes or otherwise claims the rights over the Items on which retention applies that Bodhi is the owner of the Items through a written notice.
9.4 The Purchaser is obliged to insure the delivered Items on which retention applies and keep them insured against fire, explosion and water damage as well as theft and is obliged to hand over the policy of this insurance at first request.
Article 10 Warranty
10.1 If the to be delivered Items do not meet the agreement, Bodhi will either replace the Items within a reasonable time after receiving the Items, or arrange for repair of which the choice is Bodhi’s. In case of replacement, the Purchaser shall return the to be replaced Items to Bodhi and transfer ownership to Bodhi. Items cannot be returned if they already have been used and show traces of wear, as a result of which the Item does no longer comply with the agreement.
10.2 The aforementioned warranty does not apply if:
a. a hidden defect is not communicated to Bodhi in writing within 30 days after it is discovered or reasonably could have been discovered.
b. The Item in which a defect has occurred is used incorrectly, improperly, or for a purpose other than for which it is intended.
c. modifications and/or repairs are made by the Purchaser without prior approval by Bodhi.
10.3 If the warranty provided by Bodhi concerns an Item that was produced for a third party, the warranty is limited to those provided by the producer in this specific case.
Article 11 Suspension and termination
11.1 Parties are entitled to suspend or terminate the agreement on the fulfilment of the obligations, if:
a. a party does not or not fully comply its obligations under the agreement.
b. a party learns after concluding the contract of circumstances that are giving good grounds to fear that the Purchaser will not fulfil his obligations. In case there is good reason to fear that the other party will only partially or improperly comply, suspension shall only be allowed in so far the shortcoming justifies such action.
11.2 Furthermore, each party is entitled to dissolve the agreement if circumstances arise of such nature that fulfilment of the contract is impossible or cannot be demanded to standards of reasonableness and fairness or if other circumstances arise of such nature that the unaltered maintenance of the agreement cannot be reasonably expected.
11.3 If the agreement is dissolved, the claims of the party that relies on the dissolution are claimable immediately. If a party suspends fulfilment of the obligations he retains his rights under the law and agreement.
Article 12 Liability
12.1 If Bodhi is liable for direct damage, than said liability shall be limited to the invoice amount, of which the defective Item is part of.
12.2 Under direct damage is understood exclusively:
a. the reasonable costs of determining the cause and extent of the damage, where the establishment of the damage relates to damage under these conditions;
b. any reasonable costs made because of Bodhi poorly meeting the agreement, unless such fault cannot be attributed to Bodhi;
c. reasonable costs incurred to prevent or limit damage, insofar as the Purchaser demonstrates that these costs resulted in limitation of direct damage as is meant in these terms and conditions.
12.3 Bodhi is not liable for indirect damage, including consequential damages and loss of savings.
12.4 Bodhi is not liable for damage of any kind when Bodhi relied on incorrect and/or incomplete details provided by the Purchaser, unless such inaccuracy or incompleteness would have been know by Bodhi.
12.5 The limitations of liability for direct damage contained in these terms and conditions do not apply if the damage is due to intent or gross negligence of Bodhi or its subordinates.
Article 13 Force majeure
13.1 Parties are not obliged to fulfil any obligations if they are hindered due to a circumstance that is not due to negligence, and neither under the law. This does include all external causes, foreseen or unforeseen, on which Bodhi does not have influence, but prevents Bodhi from meeting its obligations. Strikes or walkouts from Bodhi included.
13.2 Bodhi is also entitled to invoke on circumstances beyond one’s control (force majeure), if the circumstance that prevents (further) fulfilment of the agreement occurs after Bodhi should have fulfilled its obligation.
13.3 Parties may suspend the contract obligations continuing for the duration of the force majeure. If this period lasts longer than two months, each party is entitled to terminate the agreement without any obligations to pay damages to the other party.
13.4 To the extent that Bodhi has already partially fulfilled or could fulfil its obligations under the agreement at the time of the force majeure, and independent value is entitled to the already fulfilled or to be fulfilled, Bodhi is entitled to separately invoice the already fulfilled or the to be fulfilled. The Purchaser is obliged to pay this invoice as if it were a separate agreement.
Article 14 Dispute settlement
14.1 The Purchaser may choose to settle a dispute relating to the agreement out of court through a procedure of online dispute resolution (ODR). The Purchaser is able to fill in an electronic complaint form on said ODR platform, which is then forwarded to the recipient at the following e-mail address email@example.com. The mediation through the ODR platform is voluntary and without prejudice to the Purchaser and Bodhi to submit the dispute to court. More information about this method of dispute resolution can be obtained via the following link http://ec.europa.eu/odr.
14.2 To the extent that the parties are unable to resolve their dispute our of court, any disputes arising from this agreement are exclusively settled by the courts of Antwerp, Antwerp department, with exclusive application of Belgian law.