Algemene voorwaarden (NL)
1.1. PERSEVERANTIUS BV(BA), handel drijvend onder de benaming ‘Bodhi Cycling’, ingeschreven in de Kruispuntbank van Ondernemingen met ondernemingsnummer 0561.962.570, met maatschappelijke zetel te 2570 Duffel, Leopoldstraat 131 (firstname.lastname@example.org of 0496/181737) is een onderneming gespecialiseerd sublimatie en confectie van sportkledij met oog voor detail en elegantie.
1.2. De algemene voorwaarden van Perseverantius zijn van toepassing op alle offertes, bestelbonnen en overeenkomsten gesloten tussen Perseverantius en de klant, alsook op de uitvoering ervan. De algemene voorwaarden maken integraal deel uit van de overeenkomst en zijn bepalend voor de inhoud ervan, alsmede voor de algehele rechtsverhouding tussen partijen. Tenzij expliciet anders vermeld in een schriftelijke overeenkomst of bijzondere voorwaarden gesloten tussen Perseverantius en de klant, kan hier niet van worden afgeweken. In geval van afwijkende overeenkomst of bijzondere voorwaarden hebben deze laatste voorrang op de algemene voorwaarden, dewelke van toepassing blijven voor hetgeen niet gedekt wordt door de afwijkende overeenkomst of bijzondere voorwaarden.
1.3. De algemene voorwaarden van Perseverantius zijn van toepassing met uitsluiting van eventuele algemene voorwaarden van de klant.
1.4. De Klant heeft deze voorwaarden bij de aanvang van de handelsrelatie ontvangen minstens op digitale wijze en erkent hierdoor kennis te hebben genomen van deze algemene voorwaarden uiterlijk bij de aanvang van de handelsrelatie tussen partijen, de mogelijkheid te hebben gekregen hierover vragen te stellen, aldus ze begrepen te hebben én te aanvaarden. De uitvoering van de overeenkomst bewijst deze aanvaarding zonder voorbehoud.
1.5. De algemene voorwaarden van Perseverantius kunnen steeds online geconsulteerd worden op www.bodhycycling.be.
1.6. Perseverantius behoudt zich het recht voor de algemene voorwaarden ten allen tijden te wijzigen. Eventuele wijzigingen zullen van toepassing worden op elke nieuwe offerte, overeenkomst, bestelling, order of opdracht. Voor lopende orders en bestellingen op het ogenblik van de wijziging blijven de algemene voorwaarden gelden zoals bestaande tijdens het tot stand komen van het order of de bestelling.
Terms & Conditions
1.1. The scope of the general terms and conditions herein apply to any offer of Bodhi and any contract concluded between Bodhi and the buyer. 1.2. The general terms and conditions are available to anyone on Bodhi’s website (http://www.bodhicycling.com). Before the conclusion of the contract, the text of the general terms and conditions herein are provided to the buyer in annex to the offer.1.3. By confirming the offer and thus by placing an order, the buyer informs that he agrees with the general terms and conditions. The acceptance of the general terms and conditions is required to place an order. 1.4. In case any of these general terms or conditions, for any reason whatsoever, are not valid, the remaining terms and conditions remain fully applicable. 1.5. Unless it is explicitly agreed to in writing, Bodhi does not acknowledge the buyer’s general terms and conditions or clauses.
2.1. The offer contains a comprehensive and accurate description of the offered products. The description is sufficiently detailed so as to allow the buyer to make a good assessment of the offer. Obvious mistakes or obvious errors in the offer do not bind Bodhi. Each offer contains information in a way that it is clear to the buyer what the rights and obligations linked to the acceptance of the offer are. 2.2. Any image, photograph, drawing, etc., any data relating to the weight, measures, colours, illustrations on the labels, etc., on Bodhi’s website are solely an approximation, are indicative and cannot give rise to damages or termination of the contract.
3.1. The contract is formed at the time of the buyer’s acceptance of the offer. If the buyer has accepted the offer by electronic means, Bodhi confirms receipt and acceptance of the offer by electronic means. 3.2. After the contract is formed, the buyer is not entitled anymore to modify the offer without Bodhi’s approval. 3.3. Bodhi is always entitled to refuse an order or request or to tie the implementation to particular terms and conditions.
4.1. Any product delivered by Bodhi is custom-made and manufactured according to the buyer’s specifications. The buyer agrees that he does not, in any case, have the right to withdraw.
5.1. In principle, the place of delivery is that which the buyer has made known to Bodhi. The buyer is accountable for the correctness and comprehensiveness of the information that he gives. Only if it is agreed to in advance, the products can be retrieved at Karel Oomsstraat 4 Antwerp on the date and time agreed to. 5.2. The presumed deadline required for delivery of the product is 12 weeks for a frame and fork. If additional components are ordered and are still in stock, the presumed deadline of delivery will be 14 weeks. If certain components are not in stock, every effort will be made to limit the delay to a minimum. 5.3. If certain components are not available or if the delivery deadline becomes longer than that stated under 5.2., the buyer is made aware thereof. Even if, in the case of unavailable parts, one attempts to replace those parts with parts at least as valuable, if the buyer agrees thereto, Bodhi reserves the right to cancel the order. The buyer will be informed thereof and his payment will be refunded. A cancellation does not give any right of redress to the buyer. The buyer acknowledges that only the bicycle frame and fork form the essence of the contract. The absence of additional components does not give rise to any cancellation right to the buyer. As the case may be, the bicycle frame and fork will be returned and the balance of the purchase price will be refunded to the buyer. 5.4. The delivery deadlines enumerated under 5.2. only relate to presumed deadlines, which are not in any case binding for Bodhi. Bodhi reserves the right to modify the terms and conditions of delivery after the deadline has expired, without the buyer being able to draw rights therefrom. Delays, if any, in the delivery of products, of any nature whatsoever, can never give rise to any cancellation, payment deferral, damages or price reduction.5.5. Bodhi’s obligations to deliver are fulfilled as soon as the delivered things are made available to the buyer. The transporter’s report upon delivery constitutes full evidence of the delivery being made available.5.6. The shipping costs are entirely borne by the buyer. Possible import costs, additional taxes or others costs linked with the shipping are also fully borne by the buyer. 5.7. Bodhi is not liable for any delay or absence of delivery due to the transporter’s wrongdoing.
6.1. Prices are not increased during the period of validity of the offer, unless legal measures make it necessary or if our suppliers apply an increase of price in the meantime. 6.2. All prices displayed on the website are subject to typing errors and misprints. No liability for the consequences of typing errors and misprints is accepted. 6.3. All prices on the website are in euro and including VAT.
7.1. Payment is made exclusively by bank transfer or credit card and takes place at the same time as the order. Shortly after receipt of the payment, the buyer receives an confirmation thereof by email, and the implementation of the order starts. Questions concerning the payment can always be sent to: email@example.com.
8.1. Bodhi guarantees that the products are conform to the contract, the specifications contained in the offer, the reasonable requirements of solidity and/or usefulness and to the existing legal provisions at the time of formation of the contract. 8.2. Bodhi guarantees that the delivered frame, ordered through the website, is free of material and/or manufacturing errors. The original buyer enjoys a lifelong guarantee thereon, which is not assignable. The buyer must produce a proof of purchase to that end.8.3. Repairs that fall under this guarantee are only carried out in Bodhi’s workshop. 8.4. Products other than the frame fall under the original supplier’s guarantee. 8.5. However, no guarantee is offered in the following cases:– Incorrect and/or negligent use of the bicycle and use that is not conform to its destination;– The damage is caused by a traffic incident or pileup;– The damage is to be attributed to the normal wear of the bicycle components;– Non-original components are used for the repairs, or if they are not correctly mounted;– Technical repairs carried out in a non-competent manner;– The mounted replacement parts are not conform to the technical specification of the corresponding bicycle or are incorrectly mounted;– If the proof of ownership or the receipt cannot be produced, or if the owner is not the first owner of the bicycle;– Incorrect setting/tension of the handlebar, axles, saddle, seatpost, derailleur gears, brakes, quick release of the wheels and saddles;– The replacement of parts such as brake/derailleur cables, brake pads, tires, chain and sprockets;– Influences of the weather such as the normal wear of paint or rust.8.6. The buyer has the obligation to control the goods delivered immediately upon delivery. If it appears that the goods delivered are not conform, the buyer must (before returning it to Bodhi) notify the defects to Bodhi in writing immediately. Possible defects or wrongly delivered products must and can be notified to Bodhi in writing at the latest 8 working days after delivery. The absence of such writing is considered to be an acceptance of the delivered goods. 8.7. Considering the Bodhi products are handmade, slight deviation from the original, personalized offer adapted to the buyer can occur. It concerns, inter alia, small deviation relating to the weight, measures, colours, illustrations on labels, etc. The buyer confirms by accepting the offer that these possible deviations do not form an essential part of the contract and these deviations cannot give right of redress. 8.8. Reshipment of the things must be done in the original packaging (including accessories and additional documentation) and in perfect condition. The use after observing the defects, the deterioration arisen after observing the defects, the charges and/or the resale after observing the defects, render this right to complaint and reshipment null and void. 8.9. No product can be returned without Bodhi’s prior approval in writing. This approval is not to be considered as an acknowledgement. 8.10. Any transport, insurance or other costs linked to the reshipment of the product are borne by the buyer. 8.11. If Bodhi deems the buyer’s claims to be justified, Bodhi shall either replace the delivered things without costs or pay the replacement value thereof, in its sole discretion. The liability is moreover always limited to the amount of the invoice of the corresponding product. Bodhi’s liability for any form of damage is excluded, including additional damages of any form whatsoever, redress for indirect damages or consequential damages or damages from shortfall in earning.
9.1. Bodhi is not liable if and insofar as its obligations cannot be fulfilled as a result of a force majeure. 9.2. “Force majeure” means any external cause, as well as any circumstance, for which Bodhi cannot reasonably be held liable. Delay or wrongdoing from our suppliers, Internet breakdown, power outage, failures in email traffic, failures or changes in technologies supplied by third parties, traffic problems, strikes, measures from the authorities, delays in supply, negligence from Bodhi’s suppliers and/or manufacturers as well as auxiliaries, personnel sickness, defects in means of auxiliary or transport, are expressly considered as cases of force majeure. 9.3. In case of force majeure, Bodhi reserves the right to suspend its obligations and is also entitled to terminate the contract in whole or in part, or demand that the content of the contract is changed in a way that its implementation remains possible. Bodhi cannot in any case be held to the payment of fines or damages.
10.1. Belgium law is applicable to any contract, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. 10.2. Tribunals of the West-Flanders judicial arrondissement are exclusively competent for disputes arising from a contract between Bodhi and the buyer which cannot be solved through a mutual agreement.
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Essential cookies are required so that you can move freely around our website and to allow us to remember certain choices that you have made.
These cookies are used to collect information about how visitors use our website.The data is collected anonymously and reports are compiled including number of visitors, time on page, and what pages were visited. For more information on the Google privacy law please click the following link https://policies.google.com/privacy A user-ID will be assigned to logged in users, which allows for anonymised website tracking across multiple devices (table, desktop, mobile, etc.). No personally identifiable data is collected or connected to the user-ID and you can opt out by using the following tool https://tools.google.com/dlpage/gaoptout.
Bodhi Cycling recognizes the importance of protecting the privacy of your personal data. We have instituted strict policies and security measures to protect the information you provide us.
The Belgian company Bodhi Cycling, is the controller of your personal data. Bodhi Cycling’ affiliated companies (including other companies within the Bodhi Cycling group, joint ventures, franchisees and licensees) and selected suppliers may process your personal data on Bodhi Cycling’ behalf and in accordance with Bodhi Cycling’ instructions as stated below and are thereby processors of your personal data. You may contact Bodhi Cycling at any time.
Bodhi Cycling does not sell or rent our customer’s personal data to any other entity.We may share your data with affiliated companies including other companies within the Bodhi Cycling group, joint ventures, franchisees and licensees. If you have subscribed for membership with Bodhi Cycling, we may combine your data provided to us with data that you have provided to such affiliated companies, for the purpose of improving our services to you, and to enhance your shopping experience when visiting an Bodhi Cycling store in another country than your residence. The legal basis for the processing is that it is necessary for Bodhi Cycling’ performance of the Membership Policy. Bodhi Cycling may also share your data with selected suppliers who perform functions on our behalf such as fulfilling orders and delivery of orders, processing payments, carrying out promotional services or data management, to maintain our website, to distribute e-mails, to send out our newsletter, to provide client communications and to manage our customer database. As necessary, the personal data you provide to us may be processed by these third parties, solely on Bodhi Cycling’ behalf and in accordance with Bodhi Cycling’ instructions as data processors. We do not authorize any of our suppliers to make any other use of your personal data.If Bodhi Cycling and/or its subsidiaries are subject to an actual or potential merger or acquisition or similar transaction, we may share your data with potential and actual buyer(s) and their financial and legal advisers, subject to such third parties undertaking appropriate confidentiality.
We may share your data with our selected suppliers, who may process your data in countries both inside and outside of the EU/EEA when performing functions on our behalf as set out in section 4 above.If you have subscribed to membership with Bodhi Cycling, we will share your contact details and information on previous purchases and shopping preferences with our affiliated companies both inside and outside of the EU/EEA (please see further under section 4).Please note that countries outside of the EU/EEA may not provide an adequate level of protection for your personal data. Bodhi Cycling has however taken appropriate safeguards to ensure that the receiving parties of your data in countries outside of the EU/EEA shall provide an adequate protection of your data. Such safeguards may be that the receiving party has joined the Privacy Shield (if the receiving party is a company established in the United States) or that the receiving party has signed so called standard data protection clauses adopted by the EU Commission. Please contact us at firstname.lastname@example.org if you want further information on what safeguards have been taken and if you want a copy of such safeguards.
In this section 6, we have summarized your data subject rights to request access, portability, rectification, erasure of your personal data, to restrict the processing of your personal data, to object to processing, and your right to lodge a complaint with the supervisory authority.If you want to exercise your rights, please send us an email at sales@bodhicycling. Please note however that if you want to lodge a complaint with the supervisory authority, you need to contact the authority directly.If you have signed up for a membership with Bodhi Cycling you will also be able to access, rectify and erase some of your data by logging in to your private account. Login to your accountNotwithstanding anything to the contrary herein, Bodhi Cycling reserves the right to keep and process your personal data in accordance with this policy to the extent necessary to perform our contractual obligations to you, and to the extent we are required to process your data by law or in order to defend ourselves in a dispute, to prevent fraud or abuse, or to enforce our Terms and Conditions.Right of accessYou have the right to obtain confirmation of whether personal data concerning yourself are being processed and, where that is the case, access to the personal data and information regarding, inter alia, the purpose of processing, the categories of personal data concerned, the categories of recipients to whom your data have been or will be disclosed, and the envisaged period of time for which personal data will be stored (or the criteria for determining this).Right of rectificationYou have the right to request rectification of inaccurate personal data concerning yourself, and to complete incomplete data.Right of erasureUnder certain circumstances you are entitled to request that we erase your personal data or restrict our processing of your data, namely in the following events.When it is no longer necessary for us to process your data taking into consideration the purposes for which it was collected.When our processing is based on your consent and you have withdrawn your consent, and there is no other legal basis for the processing of your data.When our processing of your data is based on a legitimate interest legal basis and you object to such processing, and there is no overriding legitimate ground for our processing.When you have objected to our processing of your data for direct marketing purposes.When your personal data has been unlawfully processed.When the personal data must be erased for compliance with a legal obligation that applies to us.When the personal data collected concerns a child (under 13 years of age) in relation to the offer of information society services.Right to objection - direct marketing and profilingYou have the right to object at any time to our processing of your personal data for direct marketing purposes, which includes profiling to the extent that it is related to such direct marketing. If you object to our processing of your personal data for direct marketing purposes, including profiling, we will cease such processing of your data.Data portabilityIf our processing is based on your consent or if the processing is necessary for our performance of a contract with you, you have the right to request that the data which you have provided to us shall be provided to you in a structured, commonly used and machine-readable format and you also have the right to transmit such data to another controller.Right to lodge a complaint with supervisory authorityPlease note that if you consider the processing of your data to be in violation of applicable data protection laws, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence or the place of the alleged infringement.
If you do no longer wish to receive our newsletters or other emails, you can unsubscribe as indicated in the particular communication, i.e. by using the unsubscribe link which is included on all newsletters and other emails. You may also contact us at email@example.com.
We will retain your personal information for as long as necessary in relation to the purposes for which the data was collected or otherwise processed. Under section 3 above, we have specified the retention time, or the criteria for determining the retention time, for our processing of data in relation to the different purposes the data is being processed. In addition to the retention time stated under section 3 above, please also note the following. Members: If you have not made any purchases, logged in to your account or used any of our services during a consecutive period of 36 months, we will terminate your membership and consequently we will not use your data for any membership services or marketing purposes thereafter. In such case we will delete your data unless we need to keep it for other purposes that are legally justifiable. We will retain your personal information as necessary to comply with applicable legal obligations, to resolve disputes, and to enforce our agreements. Statutory obligations to retain data further remain unaffected.
When you purchase our products online, or sign up for a membership with Bodhi Cycling, we will inform you which data is mandatory by marking certain fields with a symbol (*). The provision of mandatory data is necessary for Bodhi Cycling to be able to fulfill our contractual obligation to you, for example processing your order, or fulfilling the membership services requested by you.When you purchase our products in our physical stores, you do not have to provide any personal data. Please note however that if you chose to receive a digital receipt, it is mandatory that you provide your e-mail address or otherwise we will not be able to send you the digital receipt.
Bodhi Cycling does not wish to collect personal information from anyone under the age of sixteen (16). If you are under eighteen (18), we require that you inform and get your parents’ or guardians’ consent before purchasing anything or provide any personal data to us at bodhicycling.be or any other website related to Bodhi Cycling.