BIOMEGA

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TERMS AND CONDITIONS

Biomega ApS Terms and Conditions

1. Seller & Operator
The Biomega bikes are sold by Biomega ApS. Further the website and online sale at www.biomega.com is handled by Biomega ApS:

Biomega ApS
Hagemannsvej 17
8600 Silkeborg
Denmark
Danish company no 37419923
Email: [email protected]

(hereinafter named “Biomega”)

2. Acceptance of Terms and Conditions.
These terms & conditions govern this website. Biomega reserves the right to modify the terms and conditions at any time without prior notice. If you do not agree to these terms, you may not use this web site.
If you wish to purchase the products available in the online store at www.biomega.com you are obliged to accept these terms & conditions in order to place an order. By accepting you understand and agree to the terms and conditions set forth in this legal notice. If you do not accept, we are not able to process your order.
3. Trademarks
This web site contains many trademarks, trade names, service marks, copyrights, and/or logos and may also contain several protected marks of Biomega’s affiliates. Such marks remain the property of their respective owners. User recognizes and acknowledges the ownership of these marks and understands that it does not acquire, through use of this web site, any right, title, or interest in the marks. User agrees that it will not change, modify, and/or exploit the marks, nor participate in any activity which modifies and/or exploits such marks. All rights to these marks are reserved. Any use of the marks without expressed written authorization is strictly prohibited.

4. Accepting The Order
An order that is binding on you comes into effect when all of the data necessary to complete the order has been entered, you have confirmed acceptance of these terms and conditions and you have clicked the “Send order” button (or similar button). Up until the moment you click this button, you can change your order and the data associated with your order at any time.

We reserve the right to accept an order. The decision is made at the discretion of Biomega. If an order is not executed, we will inform you immediately by email. The confirmation of receipt does not constitute a purchase contract; the confirmation of receipt only documents that your order has been received by us.

As soon as our systems verify your order, we will send you an order confirmation by email. This then constitutes a purchase contract and we will initiate shipment of your order and your credit card will be charged.

You will receive a final email when your order is (or “has been”) shipped. This email will contain a track & trace number, so you can follow your bikes by yourselves.
If you do not receive an email confirmation within 48 hours after placing your order, please contact us at [email protected]

5. Order Volume
Orders may only be placed for normal household volumes, unless you are registered as a dealer at Biomega.

6. Payment
You can choose from a number of different payment types:

• Paying by credit card (Visa or Mastercard)
• Paying through PayPal
• Payment in advance via bank transfer

When you pay with credit card or PayPal, we will add the service fee to you payment. We only add the fee that we are obliged to pay to the credit card companies.

With payment in advance, you will receive an order confirmation detailing our bank account information. As soon as the outstanding order amount is received, your order will be dispatched. Should payment not be received in the stipulated timeframe, we will unfortunately, cancel your order.

Please note that any agreements you may have with your credit institute or other institutions may result in additional costs for electronic transfers, holding an account, etc.

7. VAT / Sales tax
In the EU, the prices are with Danish VAT (25%), which is the country from where the Biomega bikes are sold.

8. Delivery
Delivery of your order from www.biomega.com is included in the final price you pay when confirming the order, as long as the delivery address is in the EU. Delivery will be initiated immediately, provided that the products are in stock.
In order to secure proper delivery, it is your responsibility to provide accurate address and phone number. The phone number will be used to contact you, should you not be home at the time of delivery.

Once your order has been shipped, we will email you a track & trace number for you to monitor the delivery process. Your order will be delivered in daytime hours. Should you not be home, the shipping company will leave message for you to contact them for arranging a new delivery time. Any additional cost involved in delivery beyond the second delivery attempt, will be billed to your credit card.

If you have provided wrongful information in your order that leads to additional costs in delivery, we reserve the right to charge your credit card for these costs, within reasonable levels.

9. Privacy policy
Any personal information you provide on www.biomega.com will be treated as such, with the exception of any blogs or online public or semi-public forums where other will be able to see your comments. Biomega will only store the information needed to provide service for you.

Name, address, phone, email and similar information will be stored for billing and accounting purposes, but will be kept in a secure environment at Biomega Internet service provider. In addition we will store information about the products you have purchased in order to provide best possible service to you. Information about your credit card and similar personal payment information will not be kept by Biomega.
You can at all time request full insight into which information Biomega has on records about you.

10. Online security
Your order at www.biomega.com is handled through SSL encryption to secure your payment and order information.

11. Warranty & claims
Biomega offers the following warranty against defects in materials and workmanship on the Biomega bikes:

• Biomega Bike Alloy frames 5 years extended warranty
• Biomega Bike other parts 2 years warranty

The warranty does not cover problems, damage or failure due to the following: Crashes, abuse, normal wear and tear, misuse, trick or extreme riding, inappropriate maintenance, poor handling, delivery, etc.

Any claim should be made via [email protected] and must be supported by dated proof of the retail or web purchase and / or warranty registration together with pictures to show the claim.

IN NO EVENT SHALL BIOMEGA BE RESPONSIBLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, WARRANTY, NEGLIGENCE, OR PRODUCT LIABILITY, OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY DAMAGES, PROPERTY DAMAGE OR ECONOMIC LOSSES.
EXCLUSIONS

THE ABOVE WARRANTY, OR ANY IMPLIED WARRANTY, DOES NOT COVER NORMAL WEAR AND TEAR, AND ALL WARRANTIES ARE VOID IF THE BICYCLE IS USED FOR OTHER THAN NORMAL ACTIVITIES. INCLUDING, BUT NOT LIMITED TO THE FAILURE TO FOLLOW THE OWNER’S MANUAL USING THE BICYCLE FOR COMMERCIAL ACTIVITIES OR IN COMPETITIVE EVENTS, INCLUDING BUT NOT LIMITED TO BICYCLE RACING, BICYCLE MOTORCROSS RACING, STUNT RIDING, RAMP JUMPING OR SIMILAR ACTIVITIES, AND TRAINING FOR SUCH ACTIVITIES OR EVENTS. BIOMEGA MAKE NO OTHER WARRANTIES, EXPRESS OR IMPLIED. 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.

12. Right of withdrawal
You (the buyer) have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the date on which you acquire, or a third party other than the carrier and indicated by you, acquires physical possession of the goods.

To exercise the right of withdrawal, you must inform us in written by using clear statement, either by post or fax to Biomega ApS, Hagemannsvej 17, 8600 Silkeborg, Denmark, Danish company number 37419923, or e-mail to [email protected] You may also choose to use either the template of Withdrawal Notice as stipulated in Annex 1 or your own statement, provided that all information of the Withdrawal Notice in Annex 1 shall be included in your own statement.

To meet the withdrawal deadline, you need to send your Withdrawal Notice before the expiry of the withdrawal period as stipulated above.

Effect of withdrawal

You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the date on which you send the withdrawal notice to us.

You will have to bear the direct cost of returning the goods, and no reimbursement will be made to you unless the goods are physically returned to Biomega and the goods to be returned to us should be well packed and properly protected to prevent damages. Such direct cost of returning the goods is estimated to be the same amount as you pay us for the shipping of the goods to you.

In case you desire to exercise your right to withdraw from this contract and return the goods, we shall reimburse to you the payments received from you, provided that you are liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. We will carry out such reimbursement using the same means of payment as you used for the initial transaction.

The risk of loss or damage to the goods which you return to Biomega, pursuant to your right of withdrawal, will remain on you (the buyer) until the returned goods has been physically received by Biomega or other party designated by Biomega.

13. Required assembly
The Biomega bikes are delivered 98% assembled. If you choose to have it delivered at your home address, you acknowledge that you must do the final assembly by yourself. Assembly guide is provided in the box, as well as further guidance can be found at www.biomega.com

14. Use of the integrated handlebars
The integrated handlebars provided on the Biomega bike model BOS are intended for light baggage handling only. You may not use them for carrying other people and especially not for children. Any attempt to do so will void the warranty provided by Biomega. The integrated handlebars are tested for a load of 12 kilograms and carrying any weight above this, will void the warranty provided.

15. Force majeure
Notwithstanding any other provision set forth in these terms and conditions, Biomega shall not be liable for any failure or delay in its performance due to any cause beyond Biomega’s reasonable control, including, without limitation, any act of war or civil insurrection, national emergencies, acts of God, fire, explosion, vandalism, storm, earthquake, flood, embargo, riot, sabotage, industry-wide strikes, lockouts, work stoppages or other labor difficulties, industry-wide supplier failures, unavailability of materials, rights of way or governmental acts; provided, however, that Biomega shall use commercially reasonable efforts to correct promptly such failure or delay in performance to the extent consistent with then applicable law and regulatory requirements and appropriate in light of then existing circumstances.

16. Governing law
These Terms & Conditions shall be governed by Danish law and the venue of all disputes shall be the municipal court of Silkeborg.

ANNEX 1.

Withdrawal Notice (complete and return this notice only if you wish to withdraw from the contract)

To Biomega ApS, Hagemannsvej 17, 8600 Silkeborg, Denmark, Danish company no 37419923, [email protected]

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