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Last adaptation: 14 April 2018

Terms of Use.

Website

Terms

1.    Welcome to the Cowboy website

 

1.1    We are COWBOY SA, established in rue de la Régence 67, 1000 Bruxelles, Belgium.

Company number: 0669.908.031

VAT-number: BE0669.908.031

E-mail address: hello@cowboy.bike

 

1.2    These are the terms of use for our website accessible via www.cowboy.bike.

 

2.    We respect your privacy

This website uses cookies as indicated in our cookie policy. Your personal data are processed in accordance with our data protection policy.

 

3.    Intellectual property

 

3.1    If you comply with these terms, we grant you a non-exclusive, non-transferable, limited and revocable right of use of the website for non-commercial purposes, as described in this document.

 

3.2    This website and all content that we put at your disposal, including software, pictures, graphic elements, logos, documents, texts, slogans, user content, and other information (“Content”), as well as all related intellectual property rights (including copyrights, database rights and trademark rights) and other rights, are our exclusive property, or are the property of their respective holders.

 

3.3    You are not allowed to copy, display, republish, translate, offer, transfer or distribute in any way, any part of the website or of the Content, expect as explicitly allowed in these terms or otherwise explicitly permitted in writing by us and the respective holders.

 

4.    Contents

 

4.1    Cowboy may provide links to third party apps/contents/services for information purposes.

 

4.2    Cowboy may also allow users to post contents such as pictures, ratings, reviews, comments, questions, and other information (“User Contents”), which are the property of the user concerned.

 

4.3    You agree not to post User Contents with any commercial or professional purposes or that may be unlawful, harmful, abusive, offensive, defamatory, infringing, harassing, invasive of personal privacy or otherwise inappropriate. We reserve the right to refuse and/or remove any User Contents that we believe, in our sole discretion, violate these terms.

 

4.4    By posting User Contents on this website: you grant us a non-exclusive, transferable, sublicensable, royalty-free, perpetual, worldwide and irrevocable license to use, modify, translate, reproduce, publish and distribute your User Contents in connection with Cowboy and any other of our services and of the services of our affiliated companies; you grant each User of this website a non-exclusive, non-transferable and royalty-free license to use your User Contents as permitted through the features of the website and in accordance with these terms; you represent and warrant that you have all rights necessary for the purpose of this section.

 

5.    Liability

 

5.1    We do not explicitly or implicitly make any commitment concerning: the website’s availability at a specific place and a specific point in time, or its compatibility with your hardware, or undisturbed use, continuity, the absence of viruses, bugs or other faults and any remedies; the website’s content, including the User Contents and the links to third party apps/contents/services.

 

5.2    To the extent permitted by applicable law, we are not liable for any harm resulting from the website and our products and services, unless in the case of intentional fault.

 

5.3    Our liability is in any case excluded for indirect damages such as loss of income, loss of productivity and loss of data, or for moral damages, including (but not limited to) reputational damage.

 

5.4    The limitation of liability in the foregoing sections applies to the extent permitted by applicable law, irrespective of the applicable liability regime, and even in case of serious fault.

 

5.5    Despite the foregoing provisions, if Cowboy is found liable, our liability is, in any case, limited to 100 EUR.

 

6.    Final provisions

 

6.1    These terms are exclusively governed by Belgian law. The courts of the place of our registered office have exclusive jurisdiction to settle any dispute regarding these terms, without prejudice to the applicable mandatory law that provides that the courts of your place of residence are competent.

 

6.2    If you do not accept these terms, then you must stop all use or visiting of the website.

Bike

Terms

1.    Identity of the vendor

We are COWBOY SA, established in rue de la Régence 67, 1000 Brussels, Belgium.

Company number: 0669.908.031

VAT-number: BE0669.908.031

E-mail address: hello@cowboy.bike

 

2.    Definitions

 

 

Cowboy

Cowboy SA whose details are mentioned under 1 above.

 

Client (hereinafter ’you’ or ‘Client’)

Any natural or legal person with whom Cowboy enters into an agreement or with whom Cowboy is negotiating about the conclusion of the agreement.

 

Consumer

Any natural person who is acting for purposes which are outside his trade, business, craft or profession;

 

Product

Any good or service offered by Cowboy

 

 

3.    Applicability

 

3.1    Cowboy’s conditions of sale apply to every offer of product from Cowboy to the Client.

 

3.2    Cowboy delivers exclusively in Belgium. If you submit a delivery address outside of this country, Cowboy reserves the right to decline the order.

 

3.3    To be able to place an order, you must be above the age of 18 and not legally incapacitated and have a valid e-mail address. If it comes to Cowboy’s attention that an order is made by a minor, Cowboy reserves the right to decline the order.

 

3.4    To be able to use your Cowboy bike, you must have a mobile device with internet access and GPS signal. In order to start using your Cowboy bike, you will first need to download the Cowboy app (available via the App Store and Google Play) and to activate your personal Cowboy account. The download and use of the Cowboy app is free of charge and subject to Cowboy app’s conditions of use.

 

3.5    You shall bear the sole and exclusive responsibility for all aspects of your rides, including the compliance with all road, traffic and insurance rules that may apply to you. These rules may vary in each country. It is your responsibility to assess your compliance in this respect. In Belgium, for example, you must equip your Cowboy with front, rear and wheel reflectors as well as a bell in order to comply with the traffic code.

 

3.6    You shall bear your owns costs relating to the use of your Cowboy bike and app, including any costs relating to your mobile device, internet connection, GPS, reloading of the battery, bell and reflectors.

 

3.7    Placing an online order on the website constitutes a formal acceptance of Cowboy’s conditions of sale, of the Cowboy app’s conditions of use and of Cowboy’s data protection policy, which are available on our website.

 

4.    Our offer and your order

 

4.1    Cowboy explicitly states in its offer when it is only valid for a constrained period of time or is subject to specific conditions other than those set out in these conditions of sale

 

4.2    Cowboy describes in a clear, complete and accurate way the products it sells to you, as well as the steps of Cowboy’s delivery process.

 

4.3    The purchase agreement between us is concluded once Cowboy confirms your order in writing.  The confirmation will follow after Cowboy receives approval from the issuer of your card. Orders without valid payment by name of the registered cardholder will not be accepted or processed by Cowboy. When you use the bankcard from another cardholder, you confirm you have the permission to use that bankcard to make the purchase from Cowboy and issue the payment. Should the issuer of your card refuse to agree on your payment to Cowboy, Cowboy cannot be held responsible for any delays in the delivery and/or non-delivery of your order. Cowboy accepts the following payment methods: Visa, MasterCard and Bancontact.

 

4.4    Cowboy shall deliver the goods within 30 days of Cowboy’s written order confirmation.

 

4.5    In order to purchase a product, you add it to your shopping cart. Next, you submit your contact details and billing data. Subsequently, you confirm the delivery via Mondial Relay. In the final step you are led to an overview page. By pressing the button “order and pay”, you accept Cowboy’s conditions. If you have completed these steps, your order becomes final.

 

5.    Right of withdrawal

 

5.1     If you are a consumer, you have the right to withdraw from your purchase and return your order without giving any reason and without extra costs (except for the return costs). If you withdraw, you will lose access to the Cowboy app.

 

5.2    The withdrawal period shall expire after 14 days from the day on which you or a third party other than the carrier and indicated by you acquires physical possession of the goods. When goods are delivered in multiple lots or pieces, the withdrawal period shall expire after 14 days from the day on which you acquire the physical possession of the last lot or piece.

 

5.3    Please note that you cannot exercise a right to withdrawal in case of goods made to the consumer’s specifications or clearly personalised.

 

5.4     You shall send back the goods or hand them over to Cowboy, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You have to bear the direct cost of returning the goods.

 

5.5    You are only 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. Installing the pedals and/or adjusting the handlebars and/or adjusting the saddle is likely to create small claws which diminish value of the bike. To the extent that these actions are not necessary to establish the nature, characteristics and functioning of the bike, you are liable towards Cowboy for any diminished value caused by these actions.

 

5.6     In case you send the goods back to Cowboy, Cowboy can refuse repayment as long as Cowboy has not received the returned goods or until you have proved you have returned the goods, depending on which event occurs first.

 

5.7    Cowboy shall reimburse you not later than 14 days starting from the day we received your returned goods. If Cowboy offers to collect the goods itself, you will be reimbursed within 14 days starting from the day you informed Cowboy to withdraw from the purchase agreement.

 

5.8    Cowboy shall use the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise and provided that you do not incur any fees as a result of such reimbursement. Cowboy shall not reimburse the supplementary costs, if you have expressly opted for a type of delivery other than the least expensive type of standard delivery offered by Cowboy.

 

5.9    You shall handle the order as well as the packaging with the utmost care during the first 14 days after delivery. As a consumer you will be liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish their nature, characteristics and functioning. In order to establish the nature, characteristics and functioning of the goods, you should only handle and inspect the product in the same manner as you would be allowed to do in a shop.

 

5.10    In order to exercise your right to withdrawal, you can fill out the form in annex (or make a similar unequivocal statement) and send it by mail or e-mail as indicated under 1 above. We will send you an acknowledgement of your withdrawal.

 

6.    Price

 

6.1    The applicable prices are those in force at the moment of the conclusion of the purchase agreement. During the period Cowboy mentions in its offer, Cowboy’s prices do not change, except for price changes that may result from changes in tax rates.

 

6.2    Unless provided otherwise, the prices mentioned in our offers include VAT and all other taxes but exclude the shipping costs. The shipping costs may vary depending on the delivery mode and country of delivery.

 

6.3    Cowboy will always inform you about the total price before you proceed to your order.

 

7.    Payment

 

7.1    We only accept advance payment through our website using the payment methods indicated on our website (see section 4 above).

 

7.2    In order to guarantee safe online payment and the safety of your personal data, the transaction data will only be wired while encrypted with SSL technology. In order to make payments with SSL no special software is required.

 

8.    Warranty

 

8.1    If you are a consumer you have a legal warranty of two years for the goods you purchased from Cowboy.

 

9.    Delivery and execution

 

9.1    All products are delivered to the address you gave Cowboy as delivery address or address of execution of the service.

 

9.2     The delivery period indicated by Cowboy shall be based on the circumstances applicable to Cowboy at the time the agreement was entered into.

 

9.3    Unless the parties have agreed otherwise of the time of delivery, Cowboy shall deliver the goods by transferring the physical possession or control of the goods to the consumer without undue delay, and not later than 30 days from the conclusion of the contract.

 

9.4    Where Cowboy has failed to fulfil its obligation to deliver the goods at the time or within the time limit agreed upon with you, you shall call upon Cowboy to make the delivery within an additional period of time appropriate to the circumstances. If Cowboy fails to deliver the goods within that additional period of time, you shall be entitled to terminate the contract.

 

9.5    The delivery takes place via Mondial Relay. The process is as follows: (1) you make an appointment and (2) the bike is delivered to the place indicated by you.

 

9.6     When Cowboy dispatches the goods to you, the risk of loss of or damage to the goods shall pass to you when you or a third party indicated by you and other than the carrier has acquired the physical possession of the goods. However, the risk shall pass to you upon delivery to the carrier if the carrier was commissioned by you to carry the goods and that choice was not offered by Cowboy, without prejudice to your rights against the carrier.

 

10.    Force majeure

 

10.1    If Cowboy is unable to fulfil any of its obligations towards the Client due to force majeure, these obligations shall be suspended during the force majeure situation.

 

10.2    Events of force majeure are all circumstances external to Cowboy’s will and control that render the respect of our obligations completely or partly impossible. Such events include amongst others strikes, fire, disruption of energy supplies or telecommunication networks or communication systems and/or the temporary down-time of the webshop, late delivery or absence of delivery by suppliers or other third parties.

 

11.    Intellectual property

 

11.1    All content that we put at your disposal via our website and any other communication mean, including software, pictures, graphic elements, logos, documents, texts, slogans, user content, and other information (“Content”), as well as all related intellectual property rights (including copyrights, database rights and trademark rights) and other rights, are our exclusive property, or are the property of their respective holders.

 

11.2    You are not allowed to copy, display, republish, translate, offer, transfer or distribute in any way, any part of the Content, expect as explicitly allowed in these conditions or otherwise explicitly permitted in writing by us and the respective holders.

 

12.    Liability

 

12.1     We do not explicitly or implicitly make any commitment concerning:

 

the app’s availability at a specific place and a specific point in time, or its compatibility with your hardware, or undisturbed use, continuity, the absence of viruses, bugs or other faults and any remedies; the app’s content, including the user-generated content and the links to third persons’ services.

 

12.2    To the extent permitted by applicable law, we are not liable for any harm resulting from our products, unless in the case of intentional fault.

 

12.3    Our liability is in any case excluded for indirect damages such as damages resulting from an accident, loss of income, loss of productivity and loss of data, or for moral damages such as reputational damage.

 

12.4    The limitation of liability in the foregoing sections applies to the extent permitted by applicable law, irrespective of the applicable liability regime, and even in case of serious fault.

 

12.5    Despite the foregoing provisions, if Cowboy is found liable for a given damage, Cowboy’s liability is, in any case, limited to the price you have paid for the Cowboy products concerned or to the sums effectively paid to Cowboy by its insurance for the indemnification of the damage concerned, whichever is higher.

 

13.    Complaints

 

13.1    If you would have complaints concerning Cowboy’s products, please do not hesitate to contact us as indicated under 1 above.

 

13.2    These conditions are exclusively governed by Belgian law, regardless of your place of residence. The courts of the place of our registered office have exclusive jurisdiction to settle any dispute regarding these conditions, without prejudice to the applicable mandatory law that provides that the courts of your place of residence are competent.

 

13.3    If you are a consumer, you can contact the Federal Consumer Mediation Service for an out of court settlement of consumer disputes https://www.mediationconsommateur.be//en.

 

13.4    In case of cross border dispute, you can contact the Online Dispute Resolution platform of the European Union https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN.

 

14.    Final provisions

 

14.1    If, irrespective of the reason, a provision in this agreement is found invalid, void or unenforceable, then this declaration will not affect the validity of the other provisions. In such a case, the parties commit to replacing, by mutual agreement, the provision that is declared void, invalid or enforceable by a new provision that embodies, as closely as possible, the purpose of the parties and the spirit of these conditions. 

 

14.2    An omission or a negligence in enforcing a provision of these conditions does not imply a waiver of such provision.

 

 


Annex – Model withdrawal form

 

“MODEL WITHDRAWAL FORM”

 

((complete and return this form only if you wish to withdraw from the contract))  - To COWBOY SA, chaussée de Forest 281, 1190 Forest, Belgium, hello@cowboy.bike

 

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),

 

-           Ordered on (*)/received on (*),

-           Name of consumer(s),

-           Address of consumer(s),

-           Signature of consumer(s) (only if this form is notified on paper),

-           Date

 

(*)  Delete as appropriate.

App

Terms

1.    Welcome to the Cowboy app

 

1.1    We are COWBOY SA, established in rue de la Régence 67, 1000 Bruxelles, Belgium.

Company number: 0669.908.031

VAT-number: BE0669.908.031

E-mail address: hello@cowboy.bike

 

1.2    These are the terms of use for the Cowboy app accessible via Google play and the App Store.

 

1.3    The Cowboy app allows you to activate your personal Cowboy account and to use your Cowboy bike.

 

1.4    By using the Cowboy app, you agree with these terms. If you do not accept some of these terms, then your only remedy is to stop all use of the Cowboy app.

 

1.5    If you have any question, complaint or suggestion regarding the Cowboy app, or if you wish to contact us, you can send us a message at hello@cowboy.bike.

 

 

2.    Eligibility

 

2.1    You are eligible to use the Cowboy app if you meet the following conditions: you are over 18 years old and not legally incapacitated; you are the legitimate owner of a Cowboy bike; you have a valid e-mail address; you have a mobile device with internet access and GPS signal; we have confirmed the activation of your personal Cowboy account.

 

2.2    Using the Cowboy app is free but subject to these terms. We may refuse to activate a personal Cowboy account in our sole discretion and close the personal Cowboy account of any user who we believe, in our sole discretion, violates theses terms or misuses the Cowboy app and/or a Cowboy bike.

 

 

3.    Activation of your personal Cowboy account

 

 

4.2    You shall bear the sole and exclusive responsibility for all aspects of your ride, including the compliance with all road, traffic and insurance rules that may apply to you. These rules may vary in each country. It is your responsibility to assess your compliance in this respect. In Belgium, for example, you must equip your Cowboy with front, rear and wheel reflectors as well as a bell in order to comply with the traffic code.

 

4.3    You shall bear your owns costs relating to the use of your Cowboy bike and app, including any costs relating to your mobile device, internet connection, GPS, reloading of the battery, bell and reflectors.

 

 

5.    We respect your privacy

 

The Cowboy app uses cookies as indicated in our Your personal data are processed in accordance with our data protection policy .

 

6.    Intellectual property

 

6.1    If you comply with these terms, we grant you a non-exclusive, non-transferable, limited and revocable right of use of the Cowboy app for non-commercial purposes, as described in this document.

 

6.2    The Cowboy app and all content that we put at your disposal, including software, pictures, graphic elements, logos, documents, texts, slogans, user content, and other information (“Content”), as well as all related intellectual property rights (including copyrights, database rights and trademark rights) and other rights, are our exclusive property, or are the property of their respective holders.

 

6.3    You are not allowed to copy, display, republish, translate, offer, transfer or distribute in any way, any part of the Cowboy app or of the Content, expect as explicitly allowed in these terms or otherwise explicitly permitted in writing by us and the respective holders.

 

 

7.    Contents

 

7.1    Cowboy may provide links to third party apps/contents/services for information purposes.

 

7.2    Cowboy may also allow users to post contents such as pictures, ratings, reviews, comments, questions, and other information (“User Contents”), which are the property of the user concerned.

 

7.3    You agree not to post User Contents with any commercial or professional purposes or that may be unlawful, harmful, abusive, offensive, defamatory, infringing, harassing, invasive of personal privacy or otherwise inappropriate. We reserve the right to refuse and/or remove any User Contents that we believe, in our sole discretion, violate these terms.

 

7.4    By posting User Contents on the Cowboy app you grant us a non-exclusive, transferable, sublicensable, royalty-free, perpetual, worldwide and irrevocable license to use, modify, translate, reproduce, publish and distribute your User Contents in connection with Cowboy and any other of our services and of the services of our affiliated companies; you grant each User of the Cowboy app a non-exclusive, non-transferable and royalty-free license to use your User Contents as permitted through the features of the Cowboy app and in accordance with these terms; you represent and warrant that you have all rights necessary for the purpose of this section.

 

 

8.    Force majeure

 

8.1    If Cowboy is unable to fulfil any of its obligations towards the Client due to force majeure, this obligation shall be suspended during the force majeure situation.

 

8.2    Events of force majeure are all circumstances external to Cowboy’s will and control that render the respect of our obligations completely or partly impossible. Such events include amongst others strikes, fire, disruption of energy supplies or telecommunication networks or communication systems, late delivery or absence of delivery by suppliers or other third parties.

 

 

9.    Liability

 

9.1    The Cowboy app is provided on an "as is" basis, without express or implied warranty regarding quality, accuracy, correctness, relevance, merchantability, fitness for a particular purpose or non-infringement.

 

9.2    We do not explicitly or implicitly make any commitment concerning the Cowboy app’s availability at a specific place and a specific point in time, or its compatibility with your hardware, or undisturbed use, continuity, the absence of viruses, bugs or other faults and any remedies; the Cowboy app’s content, including the User Contents and the links to third party apps/contents/services.

 

9.3    To the extent permitted by applicable law, we are not liable for any harm resulting from the (use or inability to use the) Cowboy app and our products and services, unless in the case of intentional fault.

 

9.4    Our liability is in any case expressly excluded for indirect damages such as (but not limited to) loss of income, loss of productivity, loss of data, viruses, hacking, damages to equipment on which the Cowboy app is downloaded, lawyers’ fees, or for moral damages such as (but not limited to) reputational damage.

 

9.5    The limitation of liability in the foregoing sections applies to the extent permitted by applicable law, irrespective of the applicable liability regime, and even in case of serious fault.

 

9.6    Despite the foregoing provisions, if Cowboy is found liable for a given damage, Cowboy’s liability is, in any case, limited to the price you have paid for the Cowboy products concerned or to the sums effectively paid to Cowboy by its insurance for the indemnification of the damage concerned, whichever is higher.

 

 

10.    Complaints

 

10.1    If you would have complaints concerning Cowboy’s products, please do not hesitate to contact us as indicated under 1 above.

 

10.2    These terms are exclusively governed by Belgian law, regardless of your place of residence. The courts of the place of our registered office have exclusive jurisdiction to settle any dispute regarding these terms, without prejudice to the applicable mandatory law that provides that the courts of your place of residence are competent.

 

10.3    If you are a consumer, you can contact the Federal Consumer Mediation Service for an out of court settlement of consumer disputes https://www.mediationconsommateur.be//en.

 

10.4    In case of cross border dispute, you can contact the Online Dispute Resolution platform of the European Union https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN.

 

 

11.    General provisions

 

11.1    If, irrespective of the reason, a provision in these terms is found invalid, void or unenforceable, then this declaration will not affect the validity of the other provisions. In such a case, the parties commit to replacing, by mutual agreement, the provision that is declared void, invalid or enforceable by a new provision that embodies, as closely as possible, the purpose of the parties and the spirit of these conditions.

 

11.2    We may modify these terms from time to time. We will give you notice of any modifications through your personal Cowboy account. Use of the app after such notice constitutes acceptance without reservation of the modified terms.

 

11.3    You acknowledge that we may from time to time release updated or upgraded versions of the Cowboy app, and may automatically electronically update or upgrade the version of the Cowboy app that you are using on your mobile device. You consent to such automatic updating or upgrading on your mobile device, and agree that the terms will apply to all such updates and upgrades.

 

11.4    These terms are without prejudice to your rights pursuant to mandatory law.

 

11.5    An omission or a negligence in enforcing a provision of these terms does not imply a waiver of such provision.