Conditions d’utilisation
OVERVIEW
Welcome to Hirondelle Bike Shop! The terms “we,” “us,” and ‘our’ refer to L'Hirondelle Bike Shop (“Hirondelle Bike Shop”). Hirondelle Bike Shop operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a carefully curated shopping experience (the “Services”). Hirondelle Bike Shop runs on Shopify, which allows us to provide the Services to you.
The terms and conditions below, together with any policy documents referenced herein (these “Terms and Conditions” or “Terms”), describe your rights and obligations when using the Services.
Please read these Terms carefully. They contain important information about, among other things, orders, delivery, the right of withdrawal, legal warranty, and (to the extent permitted) limitations of liability.
By visiting, interacting with, or using our Services, you agree to these Terms and our Privacy Policy. If you do not agree to these Terms or the Privacy Policy, please do not use the Services.
Please note: If you are acting as a consumer (i.e., not in the course of your profession or business), you are entitled to mandatory consumer rights under Dutch and European law. Nothing in these Terms is intended to exclude or limit those mandatory rights.
ACCESS AND ACCOUNT
By agreeing to these Terms, you represent that you are at least 18 years old or that you have permission from a parent/guardian to use the Services.
In order to use the Services (such as visiting our webshop or purchasing products), you may be asked to provide certain information, such as your email address and (when placing an order) billing, payment, and shipping details. You represent and warrant that all information you provide is accurate, current, and complete, and that you are authorized to provide this information.
You are responsible for maintaining the confidentiality of your account details and for all activities that occur under your account. You may not transfer, sell, assign, or license your account to anyone else.
OUR PRODUCTS
We do our best to display products and services in our online store as accurately as possible. Please note that colors or product display may vary depending on your screen, device settings, and lighting conditions.
Images and product descriptions are intended as an indication. Minor deviations in color, finish, or design do not entitle you to cancellation or compensation, unless there is non-conformity (see Section 15 - Legal warranty).
All product descriptions are subject to change at any time without prior notice. We reserve the right to make products (temporarily) unavailable or to discontinue sales. We may limit quantities per person, region, or jurisdiction.
ORDERS
When you place an order, you are making an offer to purchase. Hirondelle Bike Shop reserves the right to accept, change, or refuse an order, for example in the event of (suspected) fraud, abuse, obvious pricing or typing errors, or problems with payment or delivery.
An agreement is only concluded when we confirm your order (e.g. by email) or ship the order. We must receive and process your payment before an order is accepted.
Please check your order carefully before completing it. Once accepted, we may not be able to process a cancellation request (for example, if the package has already been processed or shipped). This does not affect your statutory right of withdrawal (for consumers).
If we do not accept, change, or cancel an order, we will attempt to inform you via the email address, billing address, and/or phone number you provided.
Your purchases are subject to our Refund Policy, which is part of these Terms and Conditions.
PRICES AND BILLING
Prices, discounts, and promotions are subject to change without prior notice. The price you pay is the price that applies at the time of ordering and is stated in your order confirmation.
Unless otherwise stated, prices include VAT. Shipping costs and any other costs (such as import duties outside the EU) are clearly shown before you complete your order.
Prices in our online store may differ from prices in a physical store or at third-party (online) stores.
You agree to provide current, complete, and accurate purchase and payment information and to update your information in a timely manner so that we can process your order and contact you.
You represent and warrant that (i) the payment details you provide are accurate and complete, (ii) you are authorized to use the chosen payment method, (iii) charges by the payment provider will be honored, and (iv) you will pay all amounts due, including shipping costs and applicable taxes.
SHIPPING AND DELIVERY
We ship from the Netherlands and deliver within Europe. Delivery times are indicative and not guaranteed. We are not liable for delays caused by carriers, customs clearance, or circumstances beyond our reasonable control.
For consumers, the risk of loss or damage is only transferred to you when you (or a third party designated by you who is not the carrier) physically take possession of the product.
For business customers (B2B), the risk may be transferred when we hand over the product to the carrier, to the extent permitted by law.
INTELLECTUAL PROPERTY
Our Services, including but not limited to all brands, trade names, texts, representations, images, graphic elements, reviews, video, audio, and their selection and arrangement, are the property of Hirondelle Bike Shop, its affiliates, or licensors and are protected by intellectual property rights.
These Terms grant you a limited, personal, non-exclusive, and non-transferable license to use the Services for personal, non-commercial use. You may not (without our prior written consent) reproduce, distribute, modify, create derivative works from, publish, republish, download, store, or transmit any material from the Services, except for normal use of the website.
Hirondelle Bike Shop names, logos, product and service names, designs, and slogans are (registered) trademarks of Hirondelle Bike Shop or its licensors. Shopify's name and logos are trademarks of Shopify. All other names and logos are the property of their respective owners.
OPTIONAL TOOLS
You may be able to access third-party tools through the Services. We do not monitor these tools and have no control over them.
You acknowledge and agree that we provide access to such tools “as is” and “as available,” without any warranties, representations, or conditions and without endorsement. To the extent permitted by law, we are not liable for any damage resulting from the use of third-party tools.
Use of optional tools is entirely at your own risk. Please be sure you understand and accept the terms and conditions of the relevant third party.
THIRD-PARTY LINKS
The Services may contain links to third-party websites or functionalities. We are not responsible for the content, accuracy, or availability of such websites or services.
If you leave our Services to visit third-party websites, you do so at your own risk. We are not liable for any damage related to your use of third-party websites or your purchase/use of third-party products or services.
RELATIONSHIP WITH SHOPIFY
Hirondelle Bike Shop uses Shopify to offer the Services. However, purchases in our webshop are made directly with Hirondelle Bike Shop.
By using the Services, you acknowledge that Shopify is not responsible for the sales transaction between you and Hirondelle Bike Shop. To the extent permitted by law, you indemnify Shopify and its affiliates from any claims arising from your transactions with Hirondelle Bike Shop.
PRIVACY POLICY
All personal data we collect through the Services is processed in accordance with our Privacy Policy. Because our online store runs on Shopify, Shopify also processes personal data to provide and improve the Services.
Data you submit through the Services may be shared with Shopify and with service providers who may be located outside your country, as necessary to provide the Services. Please refer to our Privacy Policy for more information.
FEEDBACK
If you send us ideas, suggestions, reviews, feedback, or other content (“Feedback”), you grant us a worldwide, royalty-free, transferable, and sublicensable license to use, reproduce, modify, publish, distribute, and display that Feedback, including to improve and promote our Services.
You represent that you have the necessary rights to the Feedback and that your Feedback does not violate any third-party rights and complies with these Terms.
We are not obligated to treat Feedback as confidential, pay compensation, or respond to it. We may (but are not obligated to) monitor and remove Feedback if, in our opinion, it is unlawful, offensive, threatening, defamatory, obscene, or otherwise inappropriate or infringes on rights.
ERRORS, INACCURACIES, AND OMISSIONS
Information on or through the Services may contain typographical errors, inaccuracies, or omissions, for example, regarding product descriptions, prices, promotions, shipping costs, delivery times, and availability.
We reserve the right to correct such errors and change information or cancel orders if information proves to be incorrect, even after an order has been placed. In the event of obvious pricing errors, we are not obliged to deliver.
PROHIBITED USE
You may only use the Services for lawful purposes. You may not use the Services (directly or indirectly):
(a) for unlawful or malicious purposes;
(b) to violate laws and regulations;
(c) to infringe upon our or others' intellectual property rights;
(d) to intimidate, insult, or harm individuals;
(e) to send misleading information;
(f) to distribute spam, phishing, or other unwanted communications;
(g) to impersonate another person; or
(h) in a manner that restricts the use of the Services by others or damages our systems.
In addition, you agree not to:
(a) upload or distribute viruses or malicious code;
(b) reproduce or exploit parts of the Services without permission;
(c) collect or track the personal data of others without a legitimate basis;
(d) scrape, crawl, or spider without permission;
(e) circumvent or disrupt security measures.
We may (temporarily) suspend or terminate your access to the Services if you violate these Terms.
TERMINATION
We may terminate or suspend this agreement or your access to the Services (or any part thereof) at any time, for example in the event of misuse, fraud, or violation of these Terms and Conditions.
Upon termination, you will remain liable for any amounts owed up to and including the date of termination.
The provisions that by their nature are intended to continue (such as Intellectual Property, Feedback, Disclaimer/Legal Warranty, Liability, Indemnification, Applicable Law) shall remain in force.
LEGAL WARRANTY, INFORMATION, AND DISCLAIMERS
The information on or via the Services is compiled with the utmost care. However, we cannot guarantee that all information is always complete, up-to-date, or error-free. Use of information from the website is at your own risk.
Legal warranty (conformity) for consumers: We supply products that comply with the agreement. This means that a product has the characteristics that you, as a consumer, can reasonably expect. If a product is not in conformity, you are entitled to repair/replacement or (if applicable) a price reduction/cancellation in accordance with the law.
Any manufacturer's warranties are in addition to (and do not affect) your legal rights.
--- ADDITIONAL PROVISIONS FOR SPECIFIC SERVICES ---
Second-hand products
When selling second-hand bicycles or parts, the age, signs of wear, and condition of the product are taken into account. Normal wear and tear and characteristics that are typical of a used product are not considered defects or non-conformities. Legal conformity remains applicable, but expectations are assessed based on the reasonable condition of a second-hand product.
Customization and custom builds
Products that are customized or adapted to specific customer requirements (such as custom bicycles, wheel sets, or personalized parts) are considered custom work. The following applies to custom work:
- no right of withdrawal for consumers insofar as the product is manufactured according to personal specifications;
- changes after approval of specifications may incur additional costs;
- we are not liable for unsuitability resulting from specifications chosen by the customer.
Repairs and service in the workshop
The following applies to repair and maintenance services:
- we carry out work to the best of our knowledge and skill;
- specified lead times are indicative;
- replaced parts remain our property until full payment has been made;
- the warranty on repairs applies exclusively to the work carried out and the parts supplied by us, not to pre-existing defects.
To the extent permitted by law, the Services (such as the website functionality) are provided “as available.” We do not guarantee that the website will always function without interruption or error.
LIMITATION OF LIABILITY
To the extent permitted by law, our liability is limited as follows:
(a) We are not liable for indirect damage, consequential damage, lost profits, lost savings, loss of data, or similar damage.
(b) Our total liability in connection with an order is limited to the amount you paid for the product in question, unless otherwise provided by law.
(c) These limitations do not apply in the event of intent or deliberate recklessness on our part and do not apply to the extent that mandatory law (such as consumer law) does not allow exclusion or limitation.
(d) Nothing in these Terms and Conditions excludes liability for personal injury or death to the extent caused by negligence where exclusion is not permitted by law.
INDEMNIFICATION
To the extent permitted by law, you agree to indemnify Hirondelle Bike Shop, Shopify, and our/her affiliates, directors, employees, agents, contractors, service providers, and licensors against any third-party claims arising from:
(1) your violation of these Terms or related policy documents;
(2) your violation of laws and regulations; or
(3) your infringement of third-party rights.
We will notify you of any such claim. You will cooperate reasonably. We may (to the extent permitted) conduct the defense and settlement, but will not enter into any settlement that involves non-financial obligations for you without your consent.
SEVERABILITY
If any provision of these Terms and Conditions is wholly or partially invalid or unenforceable, the remainder of the Terms and Conditions shall remain in full force and effect. The invalid provision shall be replaced by a provision that most closely reflects the intent of the original provision, to the extent permitted by law.
WAIVER; ENTIRE AGREEMENT
Our failure to enforce a right or provision does not constitute a waiver of that right or provision.
These Terms and all policy documents referenced herein constitute the entire agreement between you and us regarding the use of the Services and supersede any prior agreements or communications.
Any ambiguities shall be interpreted in accordance with reasonableness and fairness and, for consumers, with due regard to mandatory consumer law.
TRANSFER
You may not transfer this agreement or any rights and obligations arising from it without our prior written consent.
We may transfer these Terms and Conditions and/or our rights and obligations to a third party, for example in the event of a change of ownership or transfer of the business, to the extent permitted by law.
APPLICABLE LAW AND DISPUTES
These Terms and Conditions and all agreements between you and Hirondelle Bike Shop are governed by Dutch law.
Disputes shall be submitted to the competent court in the Netherlands. If you are a consumer and reside in another EU country, you retain the right to submit a dispute to the competent court in your country of residence, insofar as mandatory law so provides.
HEADINGS
The headings in these Terms and Conditions are for convenience only and do not limit or affect the interpretation of the provisions.
CHANGES TO THE TERMS AND CONDITIONS
You can always view the most recent version of these Terms and Conditions on this page.
We may change these Terms and Conditions from time to time. Changes will take effect upon publication on the website, unless otherwise stated. For orders, the version that was applicable at the time of ordering will continue to apply.
If we make changes that are material to you, we will inform you of this to the extent required by law.
CONTACT DETAILS
Questions about these Terms and Conditions can be sent to contact@hirondellebikeshop.com.
Our contact details:
L’Hirondelle Bike Shop
Kruisstraat 15
7941 AM Meppel
Netherlands
contact@hirondellebikeshop.com
+31 522 305 723
NL858073006B01
KVK 69939535
