Terms and conditions 2018-01-23T13:05:22+00:00

TERMS AND CONDITIONS

Biomega ApS Terms and Conditions

Welcome to www.biomega.com

When you are shopping with us you are automatically accepting our terms and conditions below. Therefore, we advise you to thoroughly read through all of the below mentioned terms and conditions before you start to shop on

  1. Seller & Operator

The Biomega bikes and accessories 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. (CVR) 37419923

Email: [email protected]

(hereinafter named “Biomega”)

  1. 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. We’ll post changes on this page so that you’re always aware of what information we collect, how we use it and under what circumstances we disclose it. 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.

  1. Your rights.

Biomega ApS is based in Denmark and complies with Danish law and rules of consumer protection. This means that shopping with Biomega is safe. The Danish law and regulations are applicable no matter where the buyer are located. Neither CISG or other mutual European laws should be applicable.

  1. Trademarks
    The website is owned and operated by Biomega.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.
  2. 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]

  1. Order Volume

Orders may only be placed for normal household volumes, unless you are registered as a dealer at Biomega. Orders above 5 bikes please contact [email protected]

  1. 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.

  1. VAT / Sales tax

In the EU, the prices are with Danish VAT (25%), which is the country from where the Biomega bikes and other accessories are sold.

8 shipping cost

Shipping cost will be added to the final order. For shipments within Europe the costs will be applied based on a flat rate, likewise applied for US customers. For all other countries, the expenses differ and will be visible in the check-out flow as you place your order. If any problems figuring out your shipment costs you are more than welcome to contact our team [email protected] or call +45 20 75 70 75.

  1. 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 or US. 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.

  1. 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.

  1. Online security

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

  1. Warranty & claims

All merchandise is covered by The Danish Sales of Goods, giving you 2 years to complain about an item. As a customer you can complain about defects, workmanship and deficiencies that arise within 2 years of the purchase. However, Biomega offers the following extended warranty against defects in materials on the Biomega bikes:

  • Biomega Bikes in Alloy and Carbon Fibre 5 years of extended warranty on the frames
  • Biomega Bike Electrical Components 3 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.

In case of a complaint or a missing item delivery please contact [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.

  1. 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.

However, Biomega extend the return period for bikes to 30 days.

To exercise the right of withdrawal, you must inform us in written by using clear statement, either by post, e-mail to [email protected] or by letter to: Biomega ApS, Hagemannsvej 17, 8600 Silkeborg, Denmark, Danish company number (CVR) 37419923,. 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. If the last date where the goods can be returned is a public holiday, a Saturday, Sunday, 24 December or 31 December, the deadline will expire on the following working day.

Effect of withdrawal and returns

You shall send back the goods or hand them over to us or a third party obliged by Biomega without undue delay and in any event not later than 30 days for bikes and 14 days for all other merchandise from the date on which you send the withdrawal notice to Biomega. Prior to returns Biomega needs to agree in written before you are entitled to return products to Biomega.

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. Once returned items is physically received by Biomega we will initiate the refund process and reimburse you within 5 working days.

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.

  1. 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

  1. 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.

  1. 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.

  1. 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 (CVR) 37419923, [email protected]

(TO GET THE EXTENDED WARRANTY YOU NEED TO REGISTRER YOUR BIOMEGA BICYCLE ON BIOMEGA.COM)

Address

Biomega Aps

Hagemannsvej 17

DK – 8600 Silkeborg

CVR: 37419923

Contact

Tel +45 20 75 70 75

[email protected]

Service / Support:

[email protected]

Customer care

Terms & Conditions

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Dealers

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