GENERAL TERMS AND CONDITIONS
Below you will find the general terms and conditions that apply to every offer, every order and every agreement with United Scooters. These terms have been drawn up in accordance with the Belgian Code of Economic Law (WER) for the purpose of a transparent and legal relationship between the entrepreneur and the consumer.
Article 1 - Definitions
Cooling-off period
The legal period of 14 calendar days within which the Consumer can exercise their Right of Withdrawal.
Consumer
The natural person acting for purposes outside their trade, business, craft or profession.
Day
Calendar day.
Durable medium
Any tool – including email or a PDF document – that enables the Consumer or Entrepreneur to store information addressed personally to them in a way that allows for future consultation or use for a period that is appropriate to the purpose for which the information is intended, and that allows for unchanged reproduction of the stored information.
Right of Withdrawal
The possibility for the Consumer to withdraw from the distance agreement within the cooling-off period.
Entrepreneur
United Scooters, the commercial name of Starsale BV, the legal entity that offers products and/or services (including repairs) to Consumers.
Distance agreement
An agreement that is concluded between the Entrepreneur and the Consumer within the framework of an organised system for distance selling or services, whereby up to and including the conclusion of the agreement, only one or more techniques for distance communication are used.
Model form for withdrawal
The European model form for withdrawal included in Annex I of these terms.
Technique for distance communication
Any means that can be used for the conclusion of the agreement without the simultaneous physical presence of the Entrepreneur and the Consumer.
Article 2 - Identity of the Entrepreneur
Legal name: Starsale BV
Trade name: United Scooters
Address of registered office / store: P. J. Denayerstraat 11, 1500 Halle, Belgium
Website: www.unitedscooters.be
Phone number: 02/304 76 47
Email address: shop@unitedscooters.be
Company number (VAT): VAT BE 0822.034.814
IBAN: BE26 0019 0793 4729
Availability: Monday to Friday: 10:00 - 18:00
Saturday: 10:00 - 17:00
Sunday closed
Article 3 - Applicability
3.1. These General Sales Conditions apply to every offer from United Scooters and to every concluded Distance Agreement or in the physical establishment between the Entrepreneur and the Consumer. Every order implies the express acceptance of these conditions.
3.2. These General Terms and Conditions of Sale are made available to the Consumer before the conclusion of the agreement. They can be stored by the Consumer on a Durable data carrier (such as a PDF file). The absence of a physical or digital signature does not detract from the binding nature of the offer and its acceptance.
Article 4 - Offer and Availability
4.1. All online offers from United Scooters are non-binding and are valid while stocks last. The content of the website has been compiled with the utmost care. Obvious mistakes or errors in the offer (such as evident typographical errors or unrealistic prices) do not bind the Entrepreneur.
4.2. Product images and specified characteristics are indicative and purely informative. Only the product characteristics that are expressly confirmed during the online ordering process are binding for the execution of the agreement.
4.3. United Scooters strives for an accurate representation of the stock data. If a product is found to be unavailable, despite careful monitoring (for example, due to force majeure, unforeseen stock errors, or cessation by the supplier), United Scooters will promptly inform the Consumer in writing and propose a suitable alternative or a full refund.
Article 5 - The Agreement
5.1. The agreement is concluded at the moment the Consumer accepts the offer, explicitly accepts the General Terms and Conditions of Sale, and meets the stipulated conditions. United Scooters will promptly confirm the receipt of this acceptance via a Durable data carrier (email).
5.2. United Scooters shall provide the legally required pre-contractual information in writing or on a durable medium at the latest upon delivery of the product, or before the commencement of the execution of a service, including: the main characteristics of the good or service, the contact details for complaints, the modalities of the Right of Withdrawal and the statutory warranty provisions.
5.3. United Scooters takes appropriate technical and organisational measures to secure the electronic transfer of data and ensures a safe web environment. Payments are processed via secure protocols (SSL technology).
5.4. Within the legal frameworks, United Scooters can verify whether the Consumer can meet their payment obligations. If there are valid reasons not to enter into the agreement (such as previous defaults, incomplete identification details or orders by minors who are not legally competent), the Entrepreneur is entitled to refuse an order or to attach specific conditions to the execution.
Article 6 - Right of Withdrawal
6.1. In accordance with article VI.47 of the Economic Law Code (WER), the Consumer has a Reflection Period of 14 calendar days for a Distance Agreement to withdraw from the agreement without giving reasons. This period starts the day after the Consumer (or a third party designated by them) has physically taken possession of the product.
6.2. Legal exclusions: In accordance with article VI.53 WER, the Consumer does not have a right of withdrawal in the following cases:
- Service agreements (such as repairs or maintenance) after full execution of the service, if the execution has begun with the express prior consent of the Consumer and their acknowledgment that they lose their right of withdrawal as soon as the contract is fully executed;
- The delivery of products that have been manufactured according to the specifications of the Consumer or that have a clearly personal character (custom-made, specific paint colours, customer-specific adjustments);
- The delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery.
6.3. The Consumer is liable for the depreciation of the goods resulting from handling the goods that goes beyond what was necessary to establish the nature, characteristics, and functioning of the goods. If products are returned damaged, incomplete, soiled, or with clear signs of use, United Scooters reserves the right to deduct this depreciation pro rata from the refund.
Article 7 - Obligations of the Consumer during the Reflection Period
7.1. During the Reflection Period, the Consumer will handle the product and packaging 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 physical store (e.g. a scooter or e-bike may not be used for test rides on public roads that negate the condition of a new product).
7.2. Parts or accessories that have been incorrectly, thoughtlessly, or improperly assembled by the Consumer may not be eligible for the regular right of withdrawal in accordance with Article 6.3 due to depreciation and damage.
Article 8 - Exercise of the Right of Withdrawal
8.1. To exercise the right of withdrawal, the Consumer must inform United Scooters within the Reflection Period of 14 calendar days via an unambiguous statement. This can be done in writing by post, by e-mail (shop@unitedscooters.be) or by using the Model Withdrawal Form.
8.2. Upon receipt of the notification, United Scooters will send the Consumer an acknowledgment of receipt within 5 calendar days via a Durable medium, including the return instructions.
8.3. The Consumer shall return the goods without delay and in any case no later than 14 calendar days after the day on which he has communicated his decision to withdraw from the agreement, to:
United Scooters - Starsale BV
After Sales Service
P. J. Denayerstraat 11, 1500 Halle, Belgium
8.4. The direct costs of returning the goods shall be borne entirely by the Consumer, unless otherwise agreed in writing or if United Scooters expressly offers to bear these costs. The Consumer bears the risk of damage or loss during the return transport.
Article 9 - Obligations of the Entrepreneur upon Withdrawal
9.1. If the Consumer validly withdraws from the agreement, United Scooters will reimburse all payments received from the Consumer for that specific product, including the standard delivery costs (excluding any additional costs resulting from the Consumer's choice of a method of delivery other than the cheapest standard delivery offered by us), without delay and in any case within 14 calendar days from the day on which we are informed of the decision to withdraw.
9.2. United Scooters has the right to wait for the refund until it has received all goods back, or until the Consumer has demonstrated that they have returned the goods, whichever occurs first.
9.3. United Scooters will make the refund using the same payment method as the Consumer used, unless the Consumer has expressly agreed to a different payment method and this does not incur any costs for the Consumer.
Article 10 - Commitment of Means for Repairs and Maintenance
10.1. This article specifically applies to all services related to maintenance, repair, diagnostics, upgrades, breakdown assistance, and technical adjustments to scooters, motorcycles, (electric) bicycles, and related vehicles carried out by the technical service of United Scooters.
10.2. United Scooters commits to performing the repair and maintenance work to the best of its ability, according to the rules of the trade, the applicable technical standards, and using quality parts. The commitment that United Scooters undertakes in this regard is expressly and exclusively a commitment of means (effort commitment) and not a commitment of results.
10.3. Given the complex, mechanical and electronic nature of the vehicles and the possible influence of external factors (such as hidden wear, previous unskilled repairs by third parties, the vehicle's history, or non-observable micro-defects), United Scooters cannot guarantee that a specific technical problem or symptom is immediately or permanently fully resolved after an initial intervention. The failure to achieve a desired result does not automatically entitle the customer to compensation, cancellation, or free re-execution, unless there is a proven gross error or contractual negligence on the part of United Scooters.
10.4. Reimbursement of costs already incurred & Total Loss: All costs related to already performed working hours (labour costs), executed diagnoses, test rides, and already mounted or specifically ordered parts are at all times fully owed by the customer. This applies unconditionally, even when further (hidden) defects are identified during the work, or when it becomes apparent that the vehicle is technically or economically irreparable (**total loss**). Stopping the repair due to such findings does not exempt the customer from their obligation to reimburse the costs and services effectively incurred up to that point.
10.5. If additional defects or necessary work are identified during the execution of the repair that were not budgeted for in advance, United Scooters will contact the customer for consultation and approval of the additional costs. Minor, safety-essential adjustments or consumables (up to a maximum amount of € 50,- excl. VAT) may be carried out without prior consultation in the interest of road safety and the operational condition of the vehicle.
Article 11 - Delivery and Transfer of Risk
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 is the address that the Consumer has communicated to United Scooters.
11.3. Indicative delivery times for vehicles: When ordering a vehicle (such as a scooter, motorcycle or e-bike), the expected delivery date is communicated by United Scooters purely indicatively and to the best of their ability based on the data available from the manufacturer or supplier at that time. United Scooters is entirely dependent on external production and transport cycles of third parties for the actual delivery.
11.4. Irrevocability and Deposits: Placing an order and paying a deposit imply an irrevocable purchase commitment on the part of the customer. As long as the indicative delivery period (including the legally permitted extension in the event of unforeseen production or transport delays on the part of the manufacturer) is running, the sale cannot be cancelled by the customer and paid deposits will under no circumstances be refunded. The deposit remains definitively acquired by United Scooters to cover administrative and reserved order costs.
11.5. Delivery will take place exclusively via courier service or special transport, unless otherwise agreed prior to the agreement or if collection in-store is chosen.
11.6. Final delivery deadline and delay:
For parts and accessories: The final delivery deadline is 30 days after the conclusion of the agreement.
- For vehicles: Given the dependence on external production and transport cycles of the manufacturer or importer, the Consumer acknowledges that the exact delivery time at the moment of ordering is completely unknown or merely indicative can be.
- If no specific date can be guaranteed, the delivery time on the order form or order confirmation is defined as "dependent on allocation/confirmation by the manufacturer". In that case, the indicative delivery time only starts from the day that United Scooters has received a final production slot or transport confirmation from the respective manufacturer or importer and has communicated this to the Consumer.
- If there is a delay due to force majeure at the manufacturer (such as parts shortages or transport blockages), the period will be automatically extended by the duration of this external delay, without this giving rise to any compensation or the right to cancel the sale by the Consumer.
11.7. The risk of loss, theft or damage to the products only passes to the Consumer at the moment the products are physically received by the Consumer or a third party designated by him in advance (not being the carrier). If the carrier was appointed by the Consumer himself (outside the offer of United Scooters), the risk passes upon transfer to the carrier.
Article 12- Price and Payment Terms
12.1. All prices listed on the website and in quotes are expressed in Euro (€) and include the statutory Belgian VAT (21% or the applicable rate), unless expressly stated otherwise. Shipping costs, administrative costs or specific delivery costs will always be communicated separately and before the final placement of the order.
12.2. Price increases after the conclusion of the agreement are only permitted if they are the direct result of statutory regulations, tax provisions or excise changes. If a price increase occurs that is not due to statutory provisions, the Consumer has the right to terminate the agreement free of charge.
12.3. Payment is made via the secure online payment methods offered on the website or in the store. Invoices and payments are deemed to be settled at the registered office of United Scooters.
12.4. Payment arrears (In accordance with the law on combating payment arrears): If the Consumer does not meet his payment obligation(s) in a timely manner, United Scooters will send a free first reminder. After a period of 14 calendar days starting from the third working day after sending this reminder (or the day following the electronic sending thereof), the Consumer is by operation of law liable for the statutory interest for payment arrears in commercial transactions on the outstanding amount, increased by a fixed compensation in accordance with the statutory maxima set out in the WER (Art. XIX.4):
- € 20,- if the amount due is less than or equal to € 150,-;
- € 30,- plus 10% of the amount due on the tranche between € 150.01 and € 500,-;
- € 65,- plus 5% of the amount due on the portion above € 500,-, with an absolute maximum of € 2,000,-.
Article 13 - Retention of Title
13.1. All goods and parts supplied by United Scooters remain the exclusive property of United Scooters until the Consumer has fulfilled all obligations under the agreement (including full payment of the principal sum, any interest and costs) in full.
13.2. Until ownership has transferred, the Consumer is not permitted to dispose of, pledge, rent or in any way transfer the products as security to third parties. The Consumer undertakes to keep the goods with due care.
Article 14 - Legal Conformity Guarantee
14.1. In accordance with articles 1649bis to 1649octies of the Belgian Old Civil Code, the Consumer enjoys a legal guarantee of two (2) years for any lack of conformity that exists at the time of delivery of the product and that manifests itself within a period of two years from delivery.
14.2. Any lack of conformity must be reported by the Consumer in writing to United Scooters within a period of two (2) months after its discovery via shop@unitedscooters.be or by registered letter. After this period, the right to free repair or replacement expires.
14.3. The statutory warranty only covers defects that already existed at the time of delivery (manufacturing defects, material defects). The warranty expressly does not apply to defects caused by: normal wear and tear (such as tyres, brake pads, chains, batteries outside the specific warranty standards), accidental damage, improper or abnormal use, lack of regulatory maintenance in accordance with the maintenance booklet, modifications or repairs carried out by unauthorised third parties, or force majeure.
14.4. Commercial warranties provided by manufacturers or importers in no way detract from these statutory warranty rights of the Consumer.
Article 15 - Complaints Procedure
15.1. United Scooters strives for optimal customer satisfaction. Complaints regarding the execution of the agreement or the services provided must be submitted in writing, fully and clearly described, via shop@unitedscooters.be within a reasonable period after the determination.
15.2. Submitted complaints will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, United Scooters will respond within the 14-day period with an acknowledgment of receipt and an indication of the timeframe within which the Consumer can expect a substantive response.
Article 16 - Limitation of Liability
16.1. Except in cases of intent, gross negligence, or bodily injury, the total contractual and non-contractual liability of United Scooters towards the Consumer is at all times limited to the amount actually paid by the Consumer for the specific order or the relevant repair service.
16.2. United Scooters is in no case liable for indirect damage, immaterial damage, lost profits, loss of use of the vehicle, or damage caused by the unavailability of replacement transport, unless mandatory law prescribes otherwise.
Article 17 - Force Majeure (Liability Exemption)
17.1. Parties are not obliged to fulfil any obligation if they are hindered from doing so as a result of a circumstance that is not attributable to their fault, and which does not fall under their responsibility according to the law, a legal act or prevailing opinions in traffic (Force Majeure). Force majeure includes, among other things: strikes, transport delays, government measures or restrictions, epidemics, natural disasters, disruptions in the electricity, internet or telecommunications network, delayed deliveries by suppliers and machine breakdown.
17.2. During a situation of force majeure, the contractual obligations are suspended. If the force majeure situation lasts longer than two (2) months, both parties have the right to terminate the agreement in writing, without any mutual right to compensation.
Article 18 - Intellectual Property Rights
18.1. The entire content of the website www.unitedscooters.be (including texts, logos, brands, layout, images, technical sheets, data and software) is the exclusive intellectual property of United Scooters (Starsale BV) or its licensors. It is strictly prohibited to copy, reproduce or use elements of the website for commercial purposes without prior written permission.
Article 19 - Applicable Law and Competent Courts
19.1. Belgian law shall exclusively apply to all offers, agreements and disputes between United Scooters and the Consumer.
19.2. In the event of a dispute, only the courts of the judicial district in which the registered office of United Scooters is located (Brussels District / Dutch-speaking Courts) shall have jurisdiction, without prejudice to the Consumer's right to submit the dispute to the court of their own place of residence in accordance with article VI.83, 23° WER.
19.3. In accordance with European regulations, United Scooters informs the Consumer of the existence of the European online dispute resolution (ODR) platform for out-of-court settlements. The Consumer can consult this platform via the link: http://ec.europa.eu/odr.
Article 20 - Final Provisions
20.1. If a provision or part of a provision of these General Sales Conditions is declared null, invalid or unenforceable, this shall not affect the validity and enforceability of the remaining provisions. The null or invalid provision shall be replaced by a valid provision that closely approximates the original intent of the parties.
20.2. The fact that United Scooters fails to demand strict compliance with any of the provisions at any time shall in no case imply a tacit waiver of its rights and shall not prevent it from demanding strict compliance at a later time.
Annex 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
Model form for withdrawal
(*) Cross out what is not applicable.