General terms and conditions
UNITED SCOOTERS - STARSALE BV
General
United Scooters offers its customers the opportunity to order online through the webshop in accordance with the general terms and conditions below.
Article 1 – Definitions
Article 2 – Identity of the Company
Article 3 – Applicability
Article 4 – Offer
Article 5 – Agreement
Article 6 – Right of Withdrawal
Article 7 – Cooling-off Period
Article 8 – Exercise of the Right of Withdrawal – Obligations of the Consumer
Article 9 – Exercise of the Right of Withdrawal – Obligations of the Company
Article 10 – Price
Article 11 – Delivery
Article 12 – Payment
Article 13 – Guarantee
Article 14 – Complaints Procedure
Article 15 – Disputes
Article 16 – Force Majeure
Article 17 – Intellectual Property Rights
Article 18 – Final Provisions
Annex I – Model form for withdrawal
Article 1 - Definitions
In these General Terms and Conditions of Sale, the following definitions apply:
- Cooling-off period: the period within which the Consumer can exercise their Right of Withdrawal;
- Consumer: the natural person who does not act for purposes related to their trade, business, or professional activity;
- Day : calendar day;
- Durable medium: any tool – including e-mail – that enables the Consumer to store information addressed to them personally in a way that allows for future consultation or use over a period that is aligned with the purpose for which the information is intended, and that allows for unchanged reproduction of the stored information;
- Right of withdrawal: the Consumer's ability to cancel the distance contract within the cooling-off period;
- Company: United Scooters, the legal entity that pursues an economic goal in a sustainable manner and offers products or services to Consumers at a distance;Ondernemer : United Scooters, de rechtspersoon die op duurzame wijze een economisch doel nastreeft en die producten of diensten op afstand aan Consumenten aanbiedt;
- Distance agreement: an agreement concluded between the Entrepreneur and the Consumer within the framework of an organised system for the remote sale of products or services, whereby, up to and including the conclusion of the agreement, only one or more techniques for remote communication are used;
- Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions;
- Technique for distance communication: Any means that can be used for the conclusion of the agreement between these parties without the simultaneous physical presence of the Entrepreneur and the Consumer.
Article 2 - Identity of the Company
This website is owned by:
United scooters - Starsale bv
P. J. Denayerstraat 11, 1500 Halle
www.unitedscooters.be
Telephone: 02/304 76 47
Accessibility :
Monday to Friday from 10am to 6pm
Saturday 10am to 5pm
Sunday closed
E-mail : shop@unitedscooters.be
Company number : VAT BE 0822 034 814
IBAN: BE26001907934729
Article 3 - Applicability
3.1. The General Terms and Conditions as described here apply to every product offered on www.unitedscooters.be and all deliveries. Every order implies acceptance of these General Terms and Conditions. These General Terms and Conditions can be stored on a durable data carrier in the form of a PDF file.
3.2. The agreement between United Scooters and the Consumer is established at the moment the Consumer has accepted and complied with the General Terms and Conditions of United Scooters. The absence of a regular signature does not detract from the binding nature of the offer and its acceptance.
Article 4 - Offer
4.1. All online offers from United scooters are non-binding. The content of the website and all other offers have been compiled with the utmost care. However, United scooters cannot provide any guarantees regarding the information provided by third parties. Notwithstanding the above, all characteristics specified on the website are indicative, so United scooters cannot be held liable for any inaccuracies or incompleteness. Only the characteristics confirmed during the online ordering process are binding.
4.2. Each offer contains such information that it is clear to the Consumer what the rights and obligations are that are associated with the acceptance of the offer.
4.3. The availability of each product is indicated. United Scooters makes every effort to communicate this information accurately. However, it may occur that there is an inability to deliver. This can be due to unintentional incorrect stock data or products that are no longer available from suppliers. In such cases, United Scooters cannot be held liable and will notify you as soon as possible and propose a solution.
Article 5 - Agreement
5.1. United Scooters confirms the receipt of the acceptance of the agreement via a durable medium. As long as the receipt of this acceptance has not been confirmed by United Scooters, the Consumer may terminate the agreement.
5.2. United scooters shall, at the latest upon delivery of the product to the Consumer, provide the following information in writing or in such a way that it can be stored by the Consumer in an accessible manner on a Durable medium:
a) the main characteristics of the delivered products and services
b) the address of the United Scooters location where the Consumer can go for any complaints
c) the conditions under which and the manner in which the Consumer can exercise the Right of Withdrawal or a clear notification with reasons regarding the exclusion from the Right of Withdrawal
d) the model withdrawal form, if the Consumer can invoke it
e) the information about guarantees and after-sales service
f) the price including all taxes of the product, also and insofar as applicable the costs of delivery, the method of payment, delivery or execution of the distance contract
5.3. United Scooters takes appropriate technical and organisational measures to secure the electronic transfer of data and ensures a safe web environment. If the Consumer opts to pay electronically, United Scooters will take appropriate security measures in this regard.
5.4. United Scooters may, within legal frameworks, ascertain whether the Consumer can meet their payment obligations, as well as all facts and factors that are relevant for responsibly entering into this distance agreement. If United Scooters has valid reasons based on this investigation not to enter into the agreement (orders by minors, incomplete ordering procedures, issues with previous orders), it is entitled to refuse an order or request or to attach special conditions to the execution.
Article 6 - Right of Withdrawal
For all products purchased from United Scooters, the Consumer has a Cooling-off Period of 14 calendar days in accordance with Article VI.47 et seq. of the Economic Law Code. This period commences from the moment of physical receipt by or on behalf of the Consumer.
Without prejudice to the further conditions and manner of exercising the Right of Withdrawal, the Consumer has a Reflection Period and Right of Withdrawal of 14 days when purchasing products under Distance Contracts as defined in Article I.8, 15° of Book I, Title 2, Chapter 4 of the Economic Law Code:
The Consumer has the right to inform the business that they are withdrawing from the purchase, without payment of a penalty and without providing a reason within fourteen (14) calendar days from the day following the delivery of the goods or the conclusion of the service agreement.
The Consumer does not have the right to withdraw from the sale if the delivered products have clearly been used or if the products are not returned in a proper manner and well protected, i.e. in their original packaging, in perfect condition for resale (not damaged, not impaired or soiled by the customer) and with all possible accessories included. The consumer will also not be able to return any parts that he has incorrectly or thoughtlessly assembled. The Consumer also does not have the right to withdraw from the purchase if a product has been made to measure specifically for the Consumer and/or if the seal of the product has been broken.
Article 7 - Cooling-off Period
7.1. During the Cooling-off Period, United Scooters expects the Consumer to handle the packaging and the products with care. The principle here is that the Consumer may only handle and inspect the product as they would be allowed to do in a shop.
7.2. The Consumer is obliged to inspect the products carefully immediately upon receipt during the cooling-off period and to check whether the delivered products conform to the agreement.
Article 8 - Exercise of the Right of Withdrawal – Obligations of the Consumer
8.1. If the Consumer exercises their Right of Withdrawal, they must notify this within the aforementioned Reflection Period of 14 calendar days using the model withdrawal form, as attached in the appendix to these General Terms and Conditions of Sale, or via an unequivocal (written) statement by email to shop@unitedscooters.be or by registered letter that has been sent to United Scooters.
8.2. Upon receipt of the completed model withdrawal form or the (written) statement by email or the registered letter from the Consumer, United Scooters will send the Consumer a written confirmation of receipt of the withdrawal within 5 calendar days, along with a return label from BPost and instructions for returning the product.
8.3. Within 14 calendar days following the day on which he has communicated his decision to withdraw from the agreement in accordance with these General Terms and Conditions of Sale to United Scooters, the Consumer shall return the product to United Scooters together with all supplied accessories and in its original condition and packaging. The burden of proof for the correct and timely exercise of the Right of Withdrawal lies with the Consumer.
Products must be returned to the following address:
United Scooters - Starsale bv
After-sales service
P. J. Denayerstraat 11, 1500 Halle, België
8.4. If the Consumer returns the products in a manner other than that specified under article 9.3. of these General Terms and Conditions of Sale to United Scooters, the associated costs shall be borne by the Consumer.
8.5. If the Consumer exercises the Right of Withdrawal, all supplementary agreements will be automatically dissolved.
Article 9 - Exercise of the Right of Withdrawal - Obligations of the Entrepreneur
9.1. If the Consumer exercises their Right of Withdrawal, United Scooters will refund the full purchase amount within 14 days of the day on which they were informed of the Consumer's decision to withdraw from the agreement in accordance with these General Sales Conditions. However, if it turns out that the products were not received in accordance with the conditions of the Right of Withdrawal, the purchase amount will not be refunded or will not be fully refunded. In that case, the product remains the property of the Consumer as long as they have fulfilled their payment obligation. At the Consumer's request, the product can be resent to the Consumer, provided that the associated shipping costs are paid.
9.2. Notwithstanding what is stipulated in article 10.1. of these General Terms and Conditions of Sale, the Company has the right to delay the refund until it has received all products back, or until the Consumer has demonstrated that they have returned the products, whichever occurs first.
Article 10 - Price
10.1. The prices mentioned in the offer are expressed in Euros and include VAT. The shipping costs are stated separately.
10.2. Offers are valid while stocks last.
10.3. If United Scooters agrees on a certain price with the Consumer, United Scooters is nevertheless entitled to increase the price if this is the result of legal regulations and provisions. If a price increase occurs after the conclusion of the agreement, the Consumer may terminate the agreement at any time free of charge.
Article 11 - Delivery
11.1. United Scooters will take the utmost care in the execution of the orders. The delivery costs will be communicated before the agreement is confirmed.
11.2. The place of delivery shall be the address that the Consumer has communicated to United Scooters.
11.3. Delivery is carried out exclusively by courier service, unless otherwise agreed prior to the contract. The shipment is always sent as a registered and insured parcel. The shipment is always tracked with a tracking number. Contact details of the courier service can be found on the following website: www.bpost.be
11.4. The final delivery deadline is 30 days after receipt of the order.
11.5. If the delivery is delayed or if an order can only be partially fulfilled, the Consumer will be notified of this no later than 30 days after placing the order. If a product is out of stock, the Consumer will receive a notification with the delivery time. In these cases, the Consumer has the right to cancel the agreement at no cost. After the cancellation of the agreement, United Scooters will promptly refund the amount paid by the Consumer.
11.6. The risk of damage and/or loss of products rests with United Scooters until the moment of delivery to the Consumer.
Article 12 - Payment
12.1. United Scooters remains the owner of all products until full payment has been made and any additional amounts owed by the Consumer. However, the risk for the delivered products is borne by the Consumer from the moment of delivery. The Consumer is obliged to take care of the sold products and to observe all necessary precautions.
12.2. Payment for products shall be made exclusively via the proposed online payment methods and is deemed to have taken place at the registered office of United Scooters.
12.3. To ensure a secure online payment and the safety of personal data, the transaction data is encrypted and sent over the internet using SSL technology. The Consumer does not need any special software to make payments with SSL.
12.4. The Consumer must pay the amount due within 14 days after the start of the Reflection Period. If the Consumer fails to meet their payment obligations on time, they will, after being notified by United Scooters of the late payment and after United Scooters has granted the Consumer a period of 14 days to still meet their payment obligations, be liable for statutory interest on the amount still owed after the failure to pay within this 14-day period, and United Scooters is entitled to charge the collection costs incurred.
Article 13 - Guarantee
13.1. United Scooters acknowledges the existence of and commits to complying with all legal guarantees of product conformity.
13.2. United Scooters follows the official warranty guidelines of its suppliers. These may vary by brand and will therefore always be stated at the time of purchase of an item.
13.3. United Scooters is responsible for handling the warranty. The shipping costs associated with this are to be borne by the Consumer.
Article 14 - Complaints Procedure
14.1. Complaints or disputes regarding the lack of conformity that exists upon the delivery of the products and that manifests within a period of 2 years from the aforementioned delivery must be submitted in writing by email to the Consumer no later than 2 months from the day on which the Consumer identifies this lack. shop@unitedscooters.be to be reported to United Scooters by registered letter.
14.2. Submitted complaints or disputes will be responded to within a period of 14 days, calculated from the date of receipt of the complaint. If a complaint requires a foreseeably longer processing time, United Scooters will respond within the 14-day period with an acknowledgment and an indication of when the Consumer can expect a more detailed response.
14.3. In the event that the complaint is found to be justified, the liability of United Scooters is limited to the exchange of the products. In any case, any liability of United Scooters is limited to the actual amount paid for the order.
Article 15 - Disputes
15.1. Only Belgian law applies to all offers and agreements, to the exclusion of the principles of conflict of laws in space.
15.2. All disputes relating to or arising from agreements with United Scooters shall be submitted to the courts and tribunals of the judicial district, without prejudice to the right of United Scooters to submit the dispute to the competent courts and tribunals of the judicial district where the Consumer has their residence or seat.
In the case of an out-of-court settlement of the dispute, recourse can be made to the Online Dispute Resolution platform of the European Union via this link: http://ec.europa.eu/odr.
Article 16 - Force Majeure
Each party is by law released and not obliged to fulfil any obligation towards the other party in the event of force majeure. Force majeure is understood to mean the situation in which the performance of the agreement by one of the parties is wholly or partially, temporarily or otherwise, hindered by circumstances beyond the control of that party, even if such circumstances were foreseeable at the time of the conclusion of the agreement. Without striving for exhaustiveness, the following are considered cases of force majeure: depletion of stock, delays in or failure to deliver by a party's suppliers, loss of goods due to accidents, machine breakdown, strike or lock-out, fire, riot, war, epidemic, flooding, high absenteeism, electrical, IT, internet or telecommunications disruptions, decisions or interventions by government authorities (including the refusal or cancellation of a permit or licence), fuel shortages, and errors or delays attributable to third parties. The parties shall make all reasonable efforts to mitigate the effects of a force majeure situation. If the force majeure lasts longer than two months, the other party is entitled to terminate the agreement without the intervention of a court, without the party invoking force majeure being liable to pay any compensation to the other party.
Article 17 - Intellectual Property Rights
The content of this site, including logos, drawings, data, product or company names, texts, images, etc., is protected by intellectual rights and belongs to United Scooters or rights holders.
Article 18 - Final Provisions
18.1. If either United Scooters or the Consumer fails to fulfil one or more of their obligations in a timely manner, the other party has the right either to suspend their obligations until the defaulting party has fulfilled their obligation(s), or to terminate the agreement without prior notice of default and without prior judicial intervention, provided that appropriate notice is given, without being liable for any compensation and without prejudice to any further rights that may accrue to them.
18.2. If one or more provisions or parts of provisions of these General Terms and Conditions of Sale are or become null and void or invalid, the remaining (partial) provisions of these General Terms and Conditions of Sale and/or related agreements shall remain in effect.
18.3. When deviations from these General Sales Conditions are permitted by United Scooters for a short or long period of time, whether explicitly or implicitly, this does not affect its right to demand direct and strict compliance with these General Sales Conditions.
Appendix 1: Model form for withdrawal
(only fill in and return this form if you wish to withdraw from the agreement)
To: United Scooters - Starsale bv
After-sales service
P. J. Denayerstraat 11, 1500 Halle, Belgium
E-mail : shop@unitedscooters.be
I/We (*) hereby inform you that I/we (*) revoke/revoke (*) our agreement regarding the sale of the following goods (*)/delivery of the following service (*).
…………………………………………………………………………………………………………………………………………………………….
Ordered on (*)/Received on (*)………………………………………………………………………………………………………
Name / Names of consumer(s) …………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………………………………….
Address of consumer(s) ………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………………………………….
Date …………………………………………………………………………………………………
Signature of consumer(s)
(only when this form is submitted on paper)
…………………………………………………………………………………………………………………………………………………………….
(*) Cross out what is not applicable.