1. Application and approval conditions

1.1 The order and sale of products via the webshop www.bercley.be is offered to you by:

• Bercley Bicycles (hereinafter the “Seller”)
• Company number BE 0525.642.010
• Address: Knokkestraat 341, 8301 Knokke-Heist, Belgium
• Phone number: +32 50 69 28 18
• Email: info@bercley.be

Current general terms and conditions of sale are those of the Seller.

“Buyer” means any natural person who purchases one or more product(s) via the Seller’s webshop www.bercley.be as well as any visitor to the webshop, and who acts for purposes that are outside his trade, business, craft or professional activity.

1.2 The present terms and conditions of sale apply to every purchase made by the Buyer via the Seller’s webshop www.bercley.be or other agreements concluded via the webshop.

1.3 Before the agreement is concluded, the Buyer is given the opportunity to take cognizance of the contents of these general terms and conditions of sale and to accept them expressly. Placing an order via the Seller’s webshop is only possible if the Buyer expressly agrees with the content and the applicability of the current general terms and conditions to the purchase agreement to be concluded. To this end, prior to completing the order, the Buyer must tick the appropriate box marked “Agree to General Terms and Conditions”.

1.4 The sale of goods to the Buyer takes place solely through the Seller’s webshop and exclusively in the countries where the Seller is active, as indicated on the webshop. On the understanding that the Seller can only accept a Buyer’s order via the webshop if the delivery address is located in one of these countries and this delivery address is not a PO box address.

1.5 If one or more articles of these terms and conditions are declared invalid by a court decision, the other provisions of these terms and conditions of sale will remain in full force and effect. In the event of the invalidity of one of the provisions, the Seller and the Buyer, to the extent possible and according to their loyalty and conviction, negotiate to replace the invalid provision by an equivalent provision that corresponds to the general spirit of these general terms and conditions of sale.

6. Delivery and delivery times

6.1 The products are sent to the shipping address specified when ordering (home address or other address) via the webshop and in accordance with the delivery method specified when ordering, and this in accordance with article 1.4 of the current general terms and conditions.

6.2 The delivery times stated on the Seller’s webshop are indicative delivery times. A distinction is made between products “in stock” and “available via backorder”:

• Products “In stock” will be shipped within 5 working days.
• Products “Available via backorder” will be shipped within 90 working days.

The seller enters into a best-efforts obligation to deliver the products within the period specified in the order.

6.3 Subject to force majeure, hardship (imprevision) (as defined in article 9.2 of the present conditions) or other situations that occur beyond the control of the Seller, an additional delivery period can be agreed between the Buyer and the Seller if the previous best efforts obligation cannot be met. Seller. In the absence of an agreement on an additional delivery period, the agreement may be terminated by operation of law. In that case, the Seller will refund any payment received within 30 days. In that case, the Seller will not owe any compensation.

7. Right of withdrawal

7.1 The right of withdrawal only applies to the purchase via the webshop by the Buyer.

7.2 If the right of withdrawal applies, the Buyer is entitled to a withdrawal period of 14 days to cancel the sale, without stating reasons. This withdrawal period starts on the day on which the Buyer or a third party designated by the Buyer takes physical possession of the product. The Buyer must unambiguously notify the Seller of his wish to withdraw from the purchase within this 14-day period, in accordance with the withdrawal form.

7.3 During this 14-day withdrawal period, the Buyer is responsible for the packaging and contents. The product may only be unpacked or used to the extent that the Buyer can form an idea whether he wishes to keep the product or not. Incomplete or damaged goods, as well as goods that have been used for a use that goes beyond what is necessary to establish the nature, characteristics and functioning of the goods, will not be taken back by the Seller.

7.4 Without undue delay and in any event within 14 days of the day on which the Buyer has communicated its decision to withdraw from the purchase, the Buyer shall return the goods or hand them over to the Seller or to a person authorized by the Seller to dispose of the goods. to receive.
The period is observed if the Buyer has returned the goods before the period of 14 days has expired. The Buyer shall return the goods to the Seller at its own expense and in its original packaging. For clothing, all labels must remain present.

7.5 If the Buyer withdraws from the agreement in accordance with this article, he will receive all payments he has made up to that point, including delivery costs, without delay and no later than 14 days after the return of the goods. Any additional costs resulting from the Buyer’s choice of a method of delivery other than the cheapest standard delivery offered by the Seller will not be refunded.
The Buyer will be refunded with the same means of payment with which he made the original transaction, unless he has expressly agreed otherwise.

7.6 The Buyer cannot exercise its right of withdrawal in the event of:

• the delivery of products manufactured to Buyer’s specifications;
• products that have a clearly personal character;
• products that cannot be returned due to their nature;
• products that can spoil or age quickly;
• the delivery of audio and video recordings and computer software of which the seal has been broken by the consumer.

8. Warranty and Complaints

8.1 The Seller’s goods essentially correspond to the technical specifications and characteristics as described on the web shop. The Seller guarantees a compliant delivery with express reservation for minor color and quality deviations. Minor dimensional deviations as well as changes in shape and appearance of a model are possible and are expressly reserved by the Seller. For products from third-party manufacturers, the Seller only guarantees conformity with the specifications and characteristics drawn up by the third-party manufacturer, but the Seller cannot guarantee the correctness and completeness thereof.

8.2 The Buyer, in the capacity of consumer, is entitled to a statutory warranty period of 2 years from the date of delivery, if the goods do not comply with the specifications given in the offer, show defects or do not meet the legal conditions ( hereinafter referred to as “Lack of Conformity”). Any commercial warranty does not affect these rights.

8.3 In the event of a defect, the Buyer must inform the Seller as soon as possible. In any case, any defect must be reported by the Buyer within a period of 2 months after it has been established. Afterwards, any right to repair or replacement lapses. The Buyer must also be able to present proof of purchase to the Seller.

For the exercise of his warranty right, the Buyer must contact the Seller, in accordance with article 8.4. and return the goods to the Seller at its expense.

8.4 For reporting complaints and/or requesting a return to the Seller, the Buyer must send an unambiguous letter to the Seller via info@bercley.be, stating the following information:

• Contact details Seller;
• Contact details Buyer;
• Original order or invoice number;
• Item description with model, brand, sizes, color;
• Clear description of the problem;
• Photos in JPG file with shooting date, especially detail photo of visible damage.

After internal assessment of the complaint and/or return request, the Buyer will be informed about whether or not the complaint and/or return request has been accepted.

8.5 The warranty does not cover:

• Defects that in the opinion of the Seller are the result of incorrect handling, negligence, neglect, accidents, falls, non-compliance with the instructions for use or manual, adjustments or changes to the goods, heavy-handed use, poor maintenance or any other abnormal or incorrect use;
• Defects that have arisen as a result of treatment or repair by third parties without the Seller’s permission;
• Defects resulting from use in an unsuitable environment;
• Defects due to normal wear and tear or use.

9. Liability

9.1 The Seller’s liability is at all times limited to the liability imposed by law in the given factual circumstances and is otherwise limited to its gross or willful misconduct and is in any case limited to the invoice amount and will be in no way imply indirect or consequential damages.

9.2 No liability and/or obligation is accepted for damage arising as a direct or indirect result of force majeure and/or hardship. Force majeure and/or hardship situations include (purely exemplary enumeration): production interruptions, supply problems, shortages of raw materials, labour, energy and transport, or delays in transport, currency fluctuations, increases in material prices, prices of auxiliary materials and raw materials, wages, salaries, social security contributions, government-imposed costs, levies and taxes, transport costs, import and export duties or insurance premiums, occurring between the order confirmation and the delivery, ice conditions, special weather conditions, strikes, lockouts, work stoppages or other collective labor disputes, mobilization, war, illness, accidents, communication and IT failures, government measures, export ban, which affect the Seller itself or its suppliers.

10. GDPR & Cookie Policy

10.1 The Seller reserves the right to store and process any data relating to the Buyer, to the extent necessary for the execution and implementation of the sales contract and this for as long as we are obliged to keep this data in accordance with in accordance with the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter referred to as “GDPR”).

10.2 Seller will not make Buyer’s personal information available to third parties without Buyer’s express consent, except to the extent Seller is required to disclose information under applicable law. By accepting these Terms and Conditions, the Buyer agrees that the aforementioned data will be shared with Bercley Bicycles only, as this is necessary for the execution and implementation of the sales contract.

10.3 The Seller is not allowed to collect, transfer to third parties or process personal data from the Buyer for purposes other than those set out in the current article 10 “GDPR & Cookie Policy”.

10.4 According to the GDPR, the Buyer always has the right to inspect, copy, object to processing, restrict processing, data portability, withdraw consent, delete, correct and supplement the personal data.

11. Online Dispute Resolution

11.1 With effect from 15 February 2016, the European Commission has created a platform for out-of-court dispute resolution. This allows consumers to resolve disputes related to online orders without the need for legal proceedings involving courts and judges. This dispute resolution process is available via the external link: https://ec.europa.eu/consumers/odr/.

11.2 The Buyer can, of course, also contact the Seller’s customer service directly. The Buyer can do this via the following e-mail address: info@bercley.be, in accordance with article 8.4. of current terms and conditions.

12. Governing Law

12.1 The sale to which the present sales conditions apply is exclusively subject to Belgian law, with the exclusion of the Vienna Sales Convention.

12.2 Disputes instituted between the Buyer and the Seller are exclusively subject to the jurisdiction of the courts of the judicial district of Bruges.