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GENERAL TERMS AND CONDITIONS ONLINE STORE SHIMANO EUROPE B.V.

 

 

PLEASE READ THE FOLLOWING TERMS CAREFULLY AS THEY SET OUT IMPORTANT DETAILS ABOUT YOUR RIGHTS IN RESPECT OF ANY ACCOUNT YOU CREATE WITH US OR PRODUCTS YOU PURCHASE FROM US.

 

 

Article 1 – Definitions

In these general terms and conditions of sale the following definitions apply:

1. Terms: these terms and conditions of sale that apply to the purchase of products on the online store operated by Shimano Europe B.V.;
2. Shimano/we/us/our: Shimano Europe B.V., registered at High Tech Campus 92, 5656AG Eindhoven, the Netherlands,, Telephone number and time(s) at which Shimano can be contacted by telephone: +31(0)40 2612600, Email address: happytohelp.shimano@essentielbpo.com, Chamber of Commerce number: 08076068, VAT identification number: NL 8065.41.763 B01;
3. Consumer/you/your: a natural person creating an account or purchasing products whose actions are not carried out for objectives relating to the course of a trade, a profession or a business;
4. Site: Shimano’s online store located at https://se.gearshop.shimano.com/;
5. Day: calendar day;
6. Right of Withdrawal: the possibility for you to terminate a contract within the Withdrawal Period;
7. Withdrawal Period: the period within which you can make use of your Right of Withdrawal;
8. Model Form for Right of Withdrawal: the European model form for the Right of Withdrawal that is included in Appendix I of these Terms.

 

Article 2 – Applicability

1. These Terms apply to all Consumer purchases of products via the Site including creating an account for the Site. Please read them carefully before creating an account with us or purchasing a product from us. We recommend that you print or save a copy of these Terms for future reference.
2. Prior to creating an account or purchasing a product, you will be provided with the text of these Terms electronically, in such a way that you can easily store them.
3. Each of the provisions of these Terms operate separately. If any court or relevant authority decides that any of the provisions are unlawful, the remaining provisions will, insofar possible, remain in full force and effect. In such case, the invalid, illegal or unenforceable provision shall be substituted in such a way as to reflect, as far as is legally possible, the sense and the purpose of the invalid, illegal or unenforceable (part(s) of the) provision(s).

 

Article 3 – Accounts

1. In order to make a purchase via the Site, you may be required to provide us with personal information, such as your name, email address, shipping address, and payment information.
2. You are obliged to provide us with accurate information and to keep your details accurate and up-to-date at all times in the event of changes.
3. You are responsible for maintaining the confidentiality of your account and for immediately reporting any activity that occurs through the account that was not initiated by you to happytohelp.shimano@essentielbpo.com. The same applies if you believe for any other reason that your account is no longer secure.

 

Article 4 – Ordering

1. Our entire ordering process is described in detail on the Site: https://se.gearshop.shimano.com/.
2. The Site contains complete and accurate descriptions of the products being offered. The descriptions are sufficiently detailed to enable you to make a proper assessment of the offer. If we make use of illustrations, these will be a true representation of the products being offered. However, we are not bound by obvious errors or mistakes in the offer.
3. Whilst we take all reasonable care to ensure that the information on our Site is accurate, we do not guarantee such accuracy and we reserve the right to correct errors or inaccuracies and to change or update such information at any time without notice.
4. Subject to the provisions of Section 11 of this Article, the agreement is concluded at the time of your acceptance of the offer on the Site and fulfillment of the conditions set forth therein.
5. We will confirm the receipt of your acceptance submitted to us via the Site by email as soon as possible.
6. We may obtain information - within statutory frameworks – about your ability to fulfill your payment obligations, as well as about facts and factors that are important for the responsible conclusion of the contract. If that research gives us proper grounds for declining to conclude the contract, then we have a right, supported by reasons, to reject an order or to bind its implementation to special conditions.
7. We will send to you, at the latest upon delivery of the product, the following information in writing or in such a way that you can store it in an accessible manner:
8. the electronic and office address where you can lodge complaints;
9. the conditions under which you can make use of the Right of Withdrawal and the method for doing so, or a clear statement relating to preclusion from the Right of Withdrawal;
10. information on guarantees and existing after-sales service if applicable;
11. the price, including all taxes on the product, the costs of delivery insofar as applicable, and the method of payment, delivery or implementing the contract;
12. if you have a Right of Withdrawal, the Model Form for Right of Withdrawal.

 

Article 5 – Payment

1. More detailed information regarding payments is provided on the Site: https://se.gearshop.shimano.com/.
2. The price of products are as quoted on the Site. All prices are inclusive of VAT. Shipping costs (if any) will be expressly noted on the Site before purchasing the product(s).
3. You are required to immediately report to us any inaccuracies in payment data provided or stated.

 

Article 6 – Delivery

1. More detailed information regarding delivery is provided on the Site: https://se.gearshop.shimano.com/.
2. The place of delivery is deemed to be the address you make known at the time of purchase.
3. We will implement accepted orders with efficient expedition, though at the latest within 30 Days, unless a different period of delivery has been agreed. If delivery suffers a delay, or if the delivery cannot be implemented, or only partially, you will be informed about this at the latest 30 Days after the order was placed.
4. The risk of damage and/or loss of products rests upon us up to the moment of delivery to you or a representative previously designated by you and announced to us.

 

Article 7 – Conformity and extra warranty

1. We shall ensure that the products we deliver to you fulfill the contract. This means that we shall ensure that these products will have the characteristics which you are entitled to expect under this contract, taking into account the nature of each product and the information we provided on the product (e.g., on our Site) before you ordered it. With respect to all our products, you may expect that these have the characteristics necessary for a normal use of the relevant product.
2. An extra warranty offered by us, our supplier, importer or manufacturer can never affect the statutory rights and claims that you can enforce against us on the grounds of the contract if we failed to fulfil our part in the contract.
3. An extra warranty is defined as every commitment of us, our supplier, importer or manufacturer that grants you rights or claims, in excess of those provided by law, for the event that we or those parties fail to fulfil our/their part in the contract.

 

Article 8 – Statutory Right of Withdrawal

1. When purchasing products, you have the right to terminate the contract without giving reasons during a period of at least 14 Days. We are allowed to ask you for the reason of this termination, but you are under no obligation to state your reason(s).
2. The period stipulated in Section one of this Article commences on the Day after the product was received by you, or a third party designated by you who is not the transporting party, or:
   1. if you have ordered several products: the Day on which you, or a third party designated by you, received the last product; or
   2. if the delivery of a product involves different deliveries or parts: the Day on which you, or a third party designated by you, received the last delivery or the last part.

 

Article 9 – Consumers’ obligations during the Withdrawal Period

1. During the Withdrawal Period, you shall treat the product and its packaging with care. You shall only unpack or use the product in as far as necessary in order to assess the nature, characteristics and efficacy of the product.
2. You are only liable for the product’s devaluation that is a consequence of you handling the product other than as permitted in Section 1 of this Article.

 

Article 10 – Consumers who exercise their Right of Withdrawal and the costs involved

1. If you want to exercise your Right of Withdrawal, you shall report this to us, within the Withdrawal Period, by means of the Model Form for Right of Withdrawal or in some other unequivocal way. For more information on ways to exercise your Right of Withdrawal, visit the Site: https://se.gearshop.shimano.com/.
2. As quickly as possible, but no later than 14 Days after the Day of reporting as referred to in Section 1 of this Article, you shall return the product, or hand it over to (a representative of) us. You will in any case have complied with the time for returning goods if you send the product back before the Withdrawal Period has lapsed.
3. You shall return the product with all relevant accessories and, if reasonably possible, in the original state and packaging.
4. The risk and the burden of proof for exercising the Right of Withdrawal correctly and in time rest upon you.
5. You shall bear the direct costs of returning the product.

 

Article 11 – Shimano’s obligations in a case of withdrawal

1. After we receive your declaration of withdrawal, we send confirmation of receipt as soon as possible.
2. We will reimburse you immediately with all payments, including any delivery costs charged for the returned product, though at the latest within 14 Days after the Day on which you reported the withdrawal. We can postpone refunding until we have received the product or until you prove that you have returned the product, depending on which occurs earlier.
3. For any reimbursement, We will use the same payment method that was initially used by you, unless you agree to another method. Reimbursement is free of charge.
4. If you choose an expensive method of delivery in preference to the cheapest standard delivery, we do not have to refund the additional costs of the more expensive method.

 

Article 12 - Limitation of liability

1. Nothing in these Terms shall limit or exclude our liability to you:
   1. for death or personal injury caused by our negligence;
   2. for intent and gross negligence; or
   3. for any other liability that, by law, may not be limited or excluded.
2. Subject to Section 1 of this Article, to the fullest extent permitted by law, the aggregate (i.e., not per claim) liability to you for all claims arising out of or relating to the use of or any inability to use any portion of the Site, products or otherwise under these Terms, whether in contract, tort, or otherwise, is limited to the amount you paid for the relevant product in the 12 months prior to the event or circumstance giving rise to the claim.

 

Article 13 - Complaints and Questions

If you have any questions or complaints about creating an account or purchasing a product, please contact us. You can call us at +31(0)40 2612600, email us at happytohelp.shimano@essentielbpo.com or write to us at:

Borchwerf 5
4704 RG Roosendaal
Nederland

 

Article 14 - Consumer Dispute Resolution

1. There is the possibility of out-of-court online dispute resolution under Regulation (EU) No 524/2013. For details, see Regulation (EU) No 524/2013 and the website https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=NL.
2. We inform you that we are not committed or obliged to participate in any dispute resolution procedure before a consumer arbitration board.

 

Article 15 - Governing law and jurisdiction

1. Contracts entered into between us and you and which are subject to these Terms are subject only to Dutch law. However, if the law of the country in which you have your habitual residence grants mandatory consumer protection rights that apply to you and are more favorable than Dutch law, these consumer protection rights that are more favorable to you shall remain applicable.
2. You agree to submit to the non-exclusive jurisdiction of the Dutch courts.

 

Article 16 - Privacy

Creating an account and purchasing products from the Site requires that you accept our privacy policy and consent to the collection, use and disclosure of your personal information as described in our privacy policy. Please take the time to read our privacy policy located in the footer of the Site as it includes important terms which apply to you.

 

 

 

 

 

APPENDIX I : MODEL FORM FOR RIGHT OF WITHDRAWAL

 

Model Form for Right of Withdrawal

 

(this form should only be completed and returned if you want to withdraw from the contract)

 

-           To:       Shimano Europe B.V.

Borchwerf 5
4704 RG Roosendaal
Nederland

 

-           I herewith inform you that, in respect of our contract regarding

The sale of the following products: [description of the product}

 

I exercise my right of withdrawal.

 

 

-           Ordered on*/received on* [date of ordering services or receiving goods]

-           [Consumer(s)’ name]

-           [Consumer(s)’ address]

-           [Consumer(s)’ signature] (only if this form is submitted on paper)

-           [Date]

 

 

*Delete or provide supplementary information, as applicable.