General conditions
Company data
Sven Nys Cycling Team BV
Schoebroekstraat 8, 3583 Paal-Beringen
BTW: BE 0899.774.374
Article 1: General Provisions
This e-commerce website (hereinafter “the Website”) of Sven Nys Cycling Team BV, a limited liability company (hereinafter “Sven Nys Cycling Team BV”), offers its visitors the opportunity to purchase the products from its online store online.
These Terms and Conditions (“Conditions”) apply to any order placed by a visitor to this e-commerce website (“Customer”). By placing an order through Sven Nys Cycling Team BV’s online store, the Customer agrees to the applicability of these Conditions to the exclusion of all other conditions. Additional conditions of the Customer are excluded, except when previously, in writing and expressly accepted by Sven Nys Cycling Team BV.
Article 2: Price
All prices stated are expressed in EURO, always including VAT and all other taxes or duties to be borne by the Customer. If delivery, reservation or administrative costs are charged, this will be stated separately.
The statement of price refers only to the products or services as it is described verbatim. The accompanying photographs are for decorative purposes and may contain elements not included in the price.
Article 3: Offer
3.1 Prices, conditions and features mentioned on the Website do not constitute a binding offer and may be changed at any time by Sven Nys Cycling Team BV for the future. An order is only final when confirmed by Sven Nys Cycling Team BV.
3.2 Despite the fact that the online catalog and e-commerce website are compiled with the utmost care, it is still possible that the offered information is incomplete, contains material errors, or is not up-to-date. Obvious mistakes or errors in the offer do not bind Sven Nys Cycling Team BV. Sven Nys Cycling Team BV is only bound by an obligation of means with respect to the correctness and completeness of the offered information. Sven Nys Cycling Team BV is under no circumstances liable in the event of manifest material errors, misprints or printing errors.
3.3 If the Customer has specific questions about e.g. sizes, color, availability, delivery time or delivery method, we request the Customer to contact our customer service department or the customer service department of the third party seller in advance.3.4 The offer is always valid while stocks last and can be modified or withdrawn by Sven Nys Cycling Team BV at any time. Sven Nys Cycling Team BV cannot be held liable for the unavailability of any product. If an offer has a limited period of validity or is subject to conditions, this will be explicitly mentioned in the offer.
Article 4: Online Purchases
4.1 To make an online purchase through the Website, the Customer may create an account and the ordering process for the purchase may be completed within this account. The Customer also has the choice to make an online purchase without creating an account.
The Customer himself can fill his shopping cart with the desired purchases by selecting items. By selecting the shopping cart he always gets a complete overview of:
- The services and/or products contained in the order;
- The individual price of the services and/or products in question;
- The total price including VAT of the entire purchase;
- The shipping costs (if any) charged for delivery of the order.
If the Customer proceeds with the order as indicated in the shopping cart, within the ordering process the opportunity is provided to enter codes of any vouchers or discounts in the appropriate field. These will be factored into the price, after which any remaining balance of the order will be paid by the Customer. If the ordering process is completed without entering the codes in the specifically designated field, no more vouchers can be applied to the order. If a voucher entered exceeds the value of the order, this will not give rise to a refund.
4.2 The Customer is responsible for registering the correct delivery address in order to avoid erroneous shipping.
4.3 By clicking on “Place order with payment obligation”, the Client places a final order and the Client is bound to make the corresponding payment. Sven Nys Cycling Team BV reserves the right to cancel the order if timely payment has not been received, and this without prior notice.
4.4 The Customer must make payment of the full purchase amount via online payment after choosing among the available payment options.
4.5 Each order will be confirmed by e-mail to the e-mail address provided with the order. Upon confirmation of the order, an agreement is concluded between the Client and Sven Nys Cycling Team BV. The Client is advised to consult his spam folder. If the Client does not receive the confirmation at the latest within 48h after ordering, the Client should contact Sven Nys Cycling Team BV without delay.
4.6 Sven Nys Cycling Team BV is entitled to refuse an order pursuant to a serious shortcoming on the part of the Customer with respect to orders involving the Customer.
Article 5: Delivery and execution of the agreement
5.1 Unless otherwise agreed or expressly provided, the products and/or services will be delivered to the Customer’s residence within thirty (30) days of receipt of the order.
5.2 Any visible damage and/or qualitative deficiency of a product or other shortcoming in the delivery must be reported by the Client to Sven Nys Cycling Team BV without delay.
5.3 The risk due to loss or damage passes to the Customer as soon as he (or a third party designated by him, who is not the carrier) has taken physical possession of the products. However, the risk already passes to the Customer upon delivery to the carrier, if the carrier was instructed by the Customer to transport the products and this choice was not offered by the Sven Nys Cycling Team BV NV.
5.4 Items ordered via this Website will be delivered in Belgium, the Netherlands, Germany, France, Italy, Czech Republic, USA and UK. For deliveries elsewhere, Sven Nys Cycling Team BV must be contacted in advance.
Article 6: Sales of third-party products
6.1 If the Client purchases a product on the website that is not offered by Sven Nys Cycling Team BV but by a third party seller via the website, the Client accepts that the purchase agreement is established between the Client and the third party seller and that Sven Nys Cycling Team BV is not a party to this agreement. When ordering the product, the Customer shall read and accept the terms and conditions of the third party vendor from which the product is purchased before the order for the product is placed and processed.
6.2 The Customer’s name, e-mail address, delivery address of the purchased product and payment details are provided by Sven Nys Cycling Team BV to the third party vendor because they are necessary to execute the purchase agreement or if the Customer has given permission for this. The third party vendor is only entitled to use the Customer’s data to the extent necessary for the handling and execution of the purchase agreement or if the Customer has given permission for the use of the data.
6.3 For questions and/or complaints regarding the products purchased by the Customer from a third party vendor, the Customer should contact the third party vendor directly. In this case, the Customer acknowledges that Sven Nys Cycling Team BV cannot be held liable in any way, including but not limited to any defectiveness of the purchased product.
Article 7: Retention of title
Delivered products remain the exclusive property of Sven Nys Cycling Team BV or, in case of product offered by a third party seller, of the latter, until the moment of full payment by the Customer.
The Customer undertakes to point out the retention of title to third parties if necessary, e.g. to anyone who would come to seize products that have not yet been paid for in full.
Article 8: Right of withdrawal
8.1 The provisions of this Article apply only to Customers who, in their capacity as consumers, purchase products and/or services online through the Website. However, the right of withdrawal may be excluded for certain products and/or services, as stipulated in Article VI.53 WER.
8.2 The Customer has the right to withdraw from the contract within a period of fourteen (14) calendar days without giving reasons. The withdrawal period shall expire 14 calendar days after the day on which the Customer or a third party designated by the Customer, other than the carrier, takes physical possession of the good.
8.3 To exercise the right of withdrawal, the Client must notify Sven Nys Cycling Team BV or the third party vendor whose product the Client purchased via the website of its decision to withdraw from the agreement by an unequivocal statement (e.g. in writing by post or e-mail). The Customer may use the attached model withdrawal form for this purpose, but is not obliged to do so.
To comply with the withdrawal period, the Customer must send his communication concerning his exercise of the right of withdrawal before the withdrawal period has expired.
8.4 The Customer must return or hand over products to Sven Nys Cycling Team BV, Schoebroekstraat 8, 3583 Beringen, or to the address communicated by the third party vendor, without delay, but in any event no later than fourteen (14) calendar days after the day on which he communicates his decision to withdraw from the agreement to Sven Nys Cycling Team BV or the third party vendor. The Customer is on time if he returns the products before the period of fourteen (14) calendar days has expired.
The direct costs of returning the products shall be borne by the Customer.
If the returned product is reduced in value in any way, Sven Nys Cycling Team BV reserves the right to hold the Customer liable and claim compensation for any reduction in the value of the products resulting from their use by the Customer beyond what is necessary to establish the nature, characteristics and functioning of the products.
Only products that are in their original packaging, along with all accessories and invoice or proof of purchase can be taken back.
8.5 Subject to the provisions of article 8.6, if the Client revokes the agreement, Sven Nys Cycling Team BV will refund to the Client all payments received from the Client up to that point, including standard delivery costs, within a maximum of fourteen (14)
calendar days after Sven Nys Cycling Team BV has been notified of the Customer’s decision to withdraw from the agreement. For sales agreements, Sven Nys Cycling Team BV may wait until it has received all products back, or until the Customer has proven that he has returned the products, whichever comes first.
Any additional costs resulting from the Customer’s choice of a delivery method other than the cheapest standard delivery offered by Sven Nys Cycling Team BV will not be refunded.
Sven Nys Cycling Team BV will refund the Customer using the same means of payment that the Customer used to make the original transaction, unless the Customer has expressly agreed otherwise; in any event, the Customer will not be charged for such refund.
8.6 If the Customer revokes the purchase via the website of a third-party product in accordance with these terms and conditions, Sven Nys Cycling Team BV , will refund the Customer as provided in Article 8.5.
Article 9: Warranty
9.1 If the delivered products and/or services do not conform to the order placed, the legal warranty period applies. The legal warranty applies from the date of delivery to the first owner. Any commercial warranty does not affect these rights.
To invoke the warranty, the Customer must be able to provide proof of purchase. Customers are advised to keep the original packaging.
9.2 Upon discovery of a defect, the Client must notify Sven Nys Cycling Team BV as soon as possible. In any event, each defect must be reported within a period of two (2) months after its discovery by the Client. Thereafter, all rights to repair or replacement expire.
9.3 The warranty (commercial and/or legal) is never applicable to defects that arise as a result of accidents, neglect, falls, use contrary to purpose for which the product or service was designed, non-compliance with the user instructions or manual, modifications or alterations to the product, heavy-handed use, poor maintenance, or any other abnormal or incorrect use.
Defects that manifest themselves after a period of six (6) months following the date of purchase, if any, delivery, shall be deemed not to be hidden defects, subject to proof to the contrary by the Customer.
Article 10: Customer service
Sven Nys Cycling Team BV customer service can be reached e-mail at info@thibaunys.be or by mail at the following address: Schoebroekstraat 8, 3583 Beringen. Any complaints can be directed to this address.
Article 11: Privacy
The personal data provided by the Client will only be used for the following purposes: customer management, processing orders, sending newsletters, keeping the Client informed about activities of Sven Nys Cycling Team BV, and advertising and/or marketing purposes.
The Client has a legal right to access his data, the right to correct or have his data corrected, the right to delete his data, the right to oppose the processing of his data, the right to restrict the processing of his data and the right to transferability of his data. Subject to proof of identity (copy of identity card), the Client can obtain the written communication of his personal data free of charge via a written, dated and signed request to Sven Nys Cycling Team BV, Schoebroekstraat 8, 3583 Beringen, info@thibaunys.be.
The Client can oppose the use of his data for direct marketing free of charge. To do so, the Client can always contact Sven Nys Cycling Team BV, Schoebroekstraat 8 Beringen, info@thibaunys.be.
We treat Customer data as confidential information and will not transfer, rent or sell it to third parties.
Clients are responsible for keeping their login details confidential and using their password. Client’s password is stored encrypted, Sven Nys Cycling Team BV therefore has no access to Client’s password.
Sven Nys Cycling Team BV keeps online (anonymous) visitor statistics to see which pages of the website are visited and to what extent.
The Client can consult the full privacy policy on the website. If the Client has any questions about Sven Nys Cycling Team BV’s privacy policy, the Client can contact Sven Nys Cycling Team BV at Sven Nys Cycling Team, Schoebroekstraat 8 3583 Beringen, info@thibaunys.be.
Article 12: Use of cookies
During a visit to the site, “cookies” may be placed on the hard drive of the Customer’s computer. A cookie is a text file placed by a website’s server in the browser of the Customer’s computer or mobile device when the Customer consults a website. Cookies cannot be used to identify individuals; a cookie can only identify a machine.
The Customer can configure his Internet browser so that cookies are not accepted, that the Customer receives a warning when a cookie is installed or that the cookies are subsequently deleted from his hard disk. The Customer can do this through his browser settings (via the help function). However, the Customer should take into account that certain graphical elements may not appear correctly, or that the Customer will not be able to use certain applications.
By using the Sven Nys Cycling Team BV website, the Client agrees to the use of cookies. The Client can consult the full cookie policy on the website.
Article 13: Liability
In all cases where Sven Nys Cycling Team BV can arguably be held liable, such liability shall, to the extent permitted by law, be limited to the amount the Customer actually paid for a product and/or service. Nothing in these general terms and conditions is intended to limit or exclude Sven Nys Cycling Team BV’s liability in the event of intent or gross negligence.
Article 14: Infringement of validity - non-violation
If any provision of these Terms is declared invalid, illegal or null and void, this shall in no way affect the validity, legality and applicability of the other provisions.
Failure at any time by Sven Nys Cycling Team BV to enforce any of the rights enumerated in these Terms, or to exercise any right hereunder, shall never be deemed a waiver of such provision and shall never affect the validity of such rights.
Article 15: Modification of conditions
These Terms are supplemented by other terms and conditions expressly referred to. In case of contradiction, these Terms prevail.
Article 16: Proof
Article 17: Complaint Resolution - Disputes.
If Sven Nys Cycling Team BV’s products do not meet the Customer’s expectations and he wishes to formulate complaints, he can contact Sven Nys Cycling Team BV via customer service. Sven Nys Cycling Team BV will make every effort to address the Customer’s complaint within seven (7) working days. The Customer can also submit their complaint via the European Commission’s ODR platform (https://webgate.ec.europa.eu). This is a platform set up by the EU for all consumers across Europe.
These Terms and Conditions are exclusively governed by Belgian law, regardless of the Client’s place of residence. In the event of disputes that cannot be resolved out of court, the courts of the jurisdiction of the registered office of Sven Nys Cycling Team BV shall have exclusive jurisdiction.
Appendix 1: Model withdrawal form
Dear Customer, You should only complete and return this form if you wish to revoke the contract.
To Sven Nys Cycling Team BV, Schoebroekstraat 8, 3583 Beringen
I/We (*) hereby notify(*) you that I/We (*) revoke(*) our agreement regarding the sale of the following products/delivery of the following service(*):
Ordered on (*)/Received on (*):
Name(s) Consumer(s) :
Consumer address(es) :
Signature of consumer(s) :
Date :
(*) Delete what does not apply.