Terms and Conditions
Amsterdam Bicycle Company LLC – Version 1.0 – Date of last revision 23-Nov-17
INTRODUCTION AND ACCEPTANCE OF THE TERMS
Welcome to Amsterdam Bicycle Company LLC (“Amsterdam Bicycle”, “we”, “us”) and thank you for using our website www.amsterdam-bicycle.com and our webshop (collectively the / our “Website”). We sell bicycles.
The content of our website is provided as is and is for your general information and use only. It is subject to change without notice. These terms and conditions (“Terms”) apply to all sales and purchases made through our website and govern the relationship between you and Amsterdam Bicycle and its officers, directors, employees, agents, partners, suppliers, content providers and similar. The applicability of the terms and conditions of third parties and/or you is expressly excluded.
Please do not be intimidated by the fact this is a legal document. We have no desire to trick you into something that you might later regret. We just want to sell very good bicycles to happy customers that keep coming back to us, so we love to keep things clear and in the open. Therefore, it is important to us to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong. We have tried to keep it as simple as possible but there is some legal text. Some of the provisions are based on common sense and law dictates others. If you do not agree to the Terms you must not use any services made available through our Website, which means that for instance, you cannot purchase any of our bicycles.
Please read the Terms thoroughly before you tick “I accept” as the Terms contain important information regarding your legal rights, remedies and obligations and they do include various limitations and exclusions, and a clause that governs the jurisdiction and venue of disputes. By ticking the “I accept” button you’ve officially “signed” the Terms and you agree to be bound by them and any modifications that we may make to the Terms from time to time. That means that you have entered a legal agreement.
Any notices that you wish to send us should be sent by email to email@example.com. All notices addressed to you shall be given to the email address that you provided us with.
All offers are without engagement and free of obligation. That means that we may revoke an offer up to three working days from receipt of its acceptance. We reserve the right to adjust our prices whenever we want. Any price quotation supersedes a former quotation.
In case you have opted for delivery of a partially assembled bicycle, you are responsible for the correct assembly. You cannot hold us responsible for any damages in any way what so ever in relation to the assembly caused by you or any third party. You agree to hold us harmless from and against all claims for injury, costs, liabilities and damages which may be sustained or occurred because of poor or faulty assembly.
SAFETY CHECKUP AND MAINTENANCE
Please note that you are responsible for proper maintenance of your bicycle. You cannot hold us responsible for damage in any way because of poor or no maintenance. You understand that all our bicycles have precision parts that need to be monitored and maintained on a regular basis and at regular intervals of at least three months. Every time you take it out for a ride you shall inspect your bicycle. That means you do a safety check of the breaks, tires and chain/belt, etc.
We strongly advise you to have your bicycle inspected by a professional bicycle mechanic least every three months to make sure it is still safe to use on the road. This safety check should at least include re-adjustment of the brakes, gears and chain or belt, all moving parts must be lubricated and the spokes, crank and frame should be inspected. Your local bike repair shop can perform this service for you. Note that proper maintenance can be a warranty condition and that we may ask you to provide us with proof of regular maintenance.
Prices may or may not include shipping costs. You may find all our latest shipping information including shipping prices at www.amsterdam-bicycle.com/shipping-and-assembly
Upon receipt of your order, we will send you an e-mail acknowledging that your order has been received by us. This does not mean we have accepted your order yet. Your order is subject to acceptance by us and availability and full payment.
We will review your order and within 24 hours we will send you an email either accepting or declining your order. We reserve the right to postpone, cancel or change any order, even after acceptance of your order, for any reason including, but not limited to:
- If payment attempt for whatever reasons fails
- Insufficient stock
- Our shipping partner does not deliver to your area
- One or more of the goods you ordered was listed at an incorrect price
- Due to a typographical error, an error in the invoice or any other error
- The order differs from the offer
- We have reason to suspect that there is a risk of a fraudulent transaction
To be able to place an order you must:
- Be an adult who’s at least 18 years old;
- If you sign up on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
- Provide true, complete and up to date contact information that includes your full real name and a valid email address.
Unless a finance payment plan is agreed upon, all payments shall be immediately, in full upon ordering, in US Dollars. If a payment attempt fails, your order may be canceled.
TITLE OF OWNERSHIP
The title of ownership does not transfer to you until all payments have been paid completely and Amsterdam Bicycle has received the payment in full.
We are allowed to partial deliveries of the bicycles or its parts. In the event of partial deliveries, we are entitled to invoice each delivery separately.
The date for delivery is given as accurately as possible but is not guaranteed. You shall have no right to damages or to cancel the order for failure or for not meeting any delivery time stated. This included any and all delays that are Customs-related.
Whilst every effort is made to ensure that the item or bicycle received is identical to the model ordered on our Website, our manufacturers and we reserve the right to change the specification. That means that it is well possible that for instance the color or details of the bicycle or its parts that are shipped to you differs slightly from the one you have seen on our Website.
CANCEL AN ORDER
As long as your order is not yet ‘Planned for production’ in the manufacturers production system, built or shipped, you can cancel your bicycle order. Orders paid for by credit card (via Stripe) or PayPal will be refunded minus the payment fee charged by these companies (around 3%).
Warranty is about the fact that what you buy should be free from material and production defects. Warranty has nothing to do with normal wear and tear. Proof of maintenance and proof of purchase may be required to verify eligibility. The warranty period will begin the moment your item is delivered to you. Our obligation under this warranty shall be limited to repairing or, at our discretion, replacing the defected part. Subject to these limitations and terms and conditions, we warrant to the original purchaser, only if the item is purchased new from us and it’s assembled by an authorized mechanic:
- 10-year warranty on any AZOR frame and AZOR rigid fork of each new AZOR bicycle and frameset.
- 5-year warranty on the Bertus Cargo Bike frame and rigid fork.
- 1-year Limited Warranty. On paint finish and rust forming from the inside on undamaged paint and all other original components, and all repair parts, replacement parts, and accessories are warranted to be free from defects in material or workmanship for a period of one (1) year from the original date of purchase. Any repaired or replaced part will remain subject to the warranty for the remaining portion of the original warranty term, but will have no warranty coverage whatsoever beyond the expiration of such original warranty term. This limited warranty shall automatically expire on the one (1) year anniversary of the date of purchase.
Normal wear and tear, worn parts, adjustments, cleaning, service, maintenance or tune-ups, damage or injury caused by neglect, lack of maintenance, improper maintenance, improper installation and/or assembly, accident, crashes, collisions, or abnormal operations, damage or injury including those caused by abuse, misuse, improper use, negligence, modification, alteration, removal or parts, tampering or disassembly, damage or injury caused by the use or installation of an accessory or part not manufactured or sold by us, cosmetic conditions or surface corrosion from chips or scratches in the paint, tires, damage caused by normal wear and tear, deterioration such as discoloration, fading or deformation. All warranties are void if the bicycle is modified from its original condition or the bicycle is used for other than normal activities, including, but not limited to, using in competitive events, including but not limited to bicycle racing, bicycle-cross, racing, stunt riding, ramp jumping or similar activities, and training for such activities or events. We make no other warranties, express or implied. Except to the extent specifically prohibited by law, all implied warranties, including the warranties of merchantability and fitness for a particular purpose, are limited in duration to that of the express warranties stated above. It is strongly advised that a professional bicycle mechanic assembles your bike. We shall not be held liable for any accidents, injuries or deaths resulting from an incorrect assembly. It is understood that any liability resulting from the incorrect use of this bicycle or deviation from the recommendations, is the sole and only responsibility of the purchaser. No warranty is given, either express or implied, with respect to services which are provided by third parties separate from Amsterdam Bicycle Company and its affiliated companies.
WARRANTY ACTION PLAN
- Email firstname.lastname@example.org and let us know your situation.
- Include photos and or short video to specify the issue.
- You will receive an email with instructions on what to do.
SHORTAGES AND DEFECTS APPARENT ON ARRIVAL
You shall have no right to claim for shortages or defects apparent on inspection unless you inspect the bicycle immediately upon delivery to you and a written complaint is made to us within 7 days of receipt of the bicycle, and Amsterdam Bicycle is given an opportunity to inspect the goods (for instance via Skype or you can send photos/video) and investigate any complaint before any use is made of the goods.
LIMITATION OF LIABILITY
You really should only trust your mother and therefore, consideration should always be given to the nature of advertisements and contracts transacted via the Internet, and the risks involved. You must, therefore, proceed with care and judgment and common sense when using the Internet, including our Website. You assume full responsibility for any loss that results from your use of the Website. In all events, our liability to you and any other third party in any circumstance arising out of or in connection with the Website or any purchase made through the Website shall be limited to the amount which is paid out under our liability insurance. Any liability not covered by our liability insurance shall be limited to the amount that you have paid to us for consideration of your order prior to the action giving rise to liability.
If we are in breach of the Terms, we will only be responsible for any losses you suffer as a result and to the extent that they are a foreseeable consequence of both of us at the time you use the Website and made a purchase through it. We shall not be liable for any indirect losses suffered by you which are a side effect of the main loss or damage and which are not reasonably foreseeable by both of us at the time of use of our site.
Please note that it is your own responsibility that your bicycle complies with the laws of your country, state and/or city. If it turns out that your bicycle does not comply with the laws of your country, state and/or city, please do tell us but you cannot hold Amsterdam Bicycle or any of its officers, directors, employees, agents, partners, suppliers and similar, liable in any way.
We make no claims as to the quality, safety or legality of any of the content on the Website. Neither can we confirm the accuracy of the content and it is subject to change. We do not have an obligation to conduct background checks on third parties on our Website. You understand and agree that you download or otherwise obtain material or data through the use of the Website at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download of such material or data.
THIRD PARTY LINKS
We may provide, or third parties may provide, links to websites or resources operated by third parties. Even if the third party is affiliated with us, we have no control over such websites or resources, you acknowledge and agree that we are not responsible for the availability of such websites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or made available through such websites or resources. Nonetheless, we seek to protect the integrity of our website and the links placed upon it and therefore we ask for your feedback on not only our own website but for sites we link to as well (including if a specific link does not work).
You agree to indemnify and hold Amsterdam Bicycle, or any of its officers, directors, employees, agents, partners, suppliers and similar or content providers, harmless from any losses (including attorney fees) that result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision.
We may update the Terms at any time. When we do, we will revise the “date of last revision” at the top. It is your responsibility to review the most recent version of the Terms frequently and remain informed about any changes to it. By continuing to use the Website and the Platform, you consent to any updates to the Terms. This version of the Terms supersedes all earlier versions and comprises the entire Terms between you and us.
TRADEMARK AND COPYRIGHTS
We respect the intellectual property of others, and we ask you to do the same. All content on our website, including, but not limited to Amsterdam Bicycle’s trademarks and service marks, and all logos, products, images and service names images, illustrations, audio clips, video clips (the “Trademarks”) are protected by international copyright and are the intellectual property of Amsterdam Bicycle Company. You are free to use the images of our bicycles solely for your own non-commercial use but you shall not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Trademarks in such a way that implies a relationship, affiliation, or endorsement by us of your product, service, or business and you shall not use any of our Trademarks as part of your own product, business, or service’s name and you shall not alter our Trademarks in any way, or combine them with any other graphics, without prior written consent from us. Modification of the Trademarks, or any portion thereof, or use of the materials for any other purpose constitutes an infringement of copyright and other proprietary rights.
EVENTS BEYOND OUR CONTROL
We will not be in breach of the Terms, or otherwise liable for any failure or delay in performance, if, due to for instance force majeure, fulfillment or prompt fulfillment of the contract cannot reasonably be demanded of us and we shall be entitled either to postpone fulfillment or to cancel or dissolve the contract. Force majeure, being any situation beyond our control including, without limitation; strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident and similar situations including shortage of inventory either within our own operations or in the operations of third parties from whom we must wholly or partially obtain the necessary materials as well as any other causes outside our responsibility or risk, all of this without prejudice to circumstances that may by law be regarded as force majeure. This includes any and all Customs-related issues.
NO PARTNERSHIP OR AGENCY
Nothing in the Terms or in your use of the Website creates or is intended to establish, any partnership, joint venture or agency between us.
If we fail to exercise or enforce any right or provision of the Terms this shall not constitute a waiver of such right or provision and does not waive our right to act with respect to subsequent or similar breaches.
SITUATIONS OUTSIDE THE SCOPE OF THE TERMS
If a situation or a circumstance occurs for which the provisions of the Terms do not provide a clear answer, we both agree that we will give effect to our intentions as reflected in the provisions of the Terms and that the other provisions of the Terms will remain in full force and effect.
If any provision of the Terms is found to be invalid by a court of competent jurisdiction, we both nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and that the other provisions of the Terms will remain in full force and effect. If a provision of the Terms (or part of any provision) is found illegal, invalid or unenforceable, the enforceability of any other part of the Terms will not be affected.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
These Terms, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Website and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Website.
With respect to any dispute regarding the Website or any purchase, your rights and obligations and all actions contemplated by these Terms are governed by the laws of Delaware, as if the Terms have been fully concluded and were made fully in Delaware.
To expedite resolution and reduce the cost of any dispute, controversy or claim (“Dispute”) related to the use of the Website, you agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice, as set forth above.
Either party may initiate negotiations by providing written notice by email setting forth the subject of the dispute and the relief requested. The recipient of such notice will respond in writing within 5 business days with a statement of its position on and recommended the solution to the dispute.
If we are unable to resolve a Dispute through informal negotiations, we shall seek resolution through binding arbitration. Each party retains the right to bring an individual action in small claims court or to seek injunctive or other equitable relief on an individual basis in a federal or state court in Delaware with respect to any Dispute related to the use of the Website.