Terms and conditions
TERMS AND CONDITIONS – CAPTAINS OF CYCLING
1. GENERAL AND DEFINITIONS
1.1 These General Terms and Conditions are easily available on request and can also be consulted via https://www.lottodstny.be/en/shop.
1.2 “Captains of Cycling”: the cooperative society “CAPTAINS OF CYCLING”, with registered office in 1040 Etterbeek, Belliardstraat 25-33 registered in the KBO and in the register of legal persons of Brussels (NL) under the number 0478.242.662 and known to the VAT administration under the number BE 0478.242.662, trading under the name of “Lotto Dstny”.
1.3 “General Conditions”: the present general sales and delivery conditions
1.4 “Customer”: every natural or legal person that buys one or more product(s) or services through this website, places an order or asks for a quotation
1.5 “Consumer”: every Customer who, exclusively for non-professional purposes, purchases one or more product(s) or services via the website, places an order for this or requests a quotation
1.6 “Website”: https://www.lottodstny.be/en/shop.
2.1 The legal relationship between the Customer and Captains of Cycling and everything related to it, is exclusively governed by the following standards: in hierarchical descending order, the following in case of absence or silence of the previous) 1) the written and signed special agreement 2) the electronic order confirmation 3) these General Terms and Conditions 4) the Belgian Law. Captains of Cycling rejects all other standards and conditions with the single exception of the conditions Captains of Cycling has expressly agreed in writing with the Customer. The exceptions, expressly agreed in writing, are valid only for the contract to which they relate and may not be relied upon in connection with any other, even similar, contracts.
By using the Captains of Cycling website, filling the digital shopping cart on the Captains of Cycling website, placing an order and/or concluding any agreement via the website, the Customer declares to have read and agreed with these General Terms and Conditions and all other rights and obligations as stated on the Website. The Customer is therefore bound by these General Terms and Conditions and the aforementioned rights and obligations.
2.2 These General Terms and Conditions do not affect the legal rights that are imperatively granted to the Customer by the applicable national legislation on consumer protection.
2.3 The possible invalidity of one of the provisions of these General Terms and Conditions or a part of a provision does not affect the applicability of the remaining provisions and/or the rest of the provision. The invalid or non-binding parts are automatically reduced to what is legally permissible, taking into account the content and purpose of the Agreement.
2.4 If Captains of Cycling should fail to enforce or apply one or more of the rights mentioned in these General Terms and Conditions, this can only be considered as tolerating a certain situation and does not lead to a waiver of rights. Such omission can never be considered as a renunciation of those conditions(s) and will never affect the validity of those rights.
2.5 Captains of Cycling always has the right to change these General Conditions. It is the Customer’s responsibility to check these General Terms and Conditions regularly.
3. OFFER AND ORDER
3.1 All offers made on the Website, in catalogues and other public announcements are for information purposes only. Captains of Cycling may modify or withdraw offers on the Website at any time. Offers are valid only as long as stock lasts. Obvious mistakes and/or errors in offers are non-binding for Captains of Cycling. Despite the fact that catalogues, Website and other publicity announcements are compiled with the utmost care, it is possible that the information provided is incomplete, contains material errors or is not up-to-date. Captains of Cycling is only responsible for the correctness, accuracy or completeness of the offered information. Captains of Cycling is in no way responsible for material errors, misprints or printing errors.
3.2 An order can only be placed on the Website https://www.lottodstny.be/en/shop.
3.3 The agreement between Captains of Cycling and the Customer only comes into effect after the Customer has placed an order on the Website and after accepting these General Terms and Conditions, the prices and the description of the offer.
3.4 Captains of Cycling reserves the right to refuse orders without providing any reason.
3.5 Cancellation of an order, before it has been shipped, is only possible at the request of the Customer and after written confirmation by Captains of Cycling. Cancellation of an order after it has been shipped, must be done in accordance with the procedure for withdrawal, as provided for in Article 4 of these General Terms and Conditions. If the Customer wishes to cancel an order he must immediately contact us via firstname.lastname@example.org: https://www.lottodstny.be/en/contact-us/webshop-and-marketing
4. WITHDRAWAL AND RETURN
4.1 The Consumer has the right of revocation with respect to the products purchased through the Website. Pursuant to the articles 47-52 of Book VI Market Practices & Consumer Protection of the Belgian Economic Law Code, the Consumer has the right to withdraw from the contract within a period of 14 calendar days without giving any reason. The withdrawal period shall expire 14 calendar days after the day on which the Consumer or third party designated by the Consumer and other than the carrier acquires physical possession of the product.
4.2 To exercise the right of revocation, the Consumer must inform Captains of Cycling (1040 Etterbeek, Belgium), Belliardstraat 25-33 or Webshop@lottodstny.be by an unequivocal statement sent by post or by e-mail of his decision to withdraw from the contract. For this purpose, the Consumer may also use the model withdrawal form (downloadable on the Website under ‘Frequently Asked Questions – Return’). To comply with the revocation period, it is sufficient for the Consumer to send his communication concerning the exercise of the revocation right before the revocation period has expired. The items must always be expired in the original packaging.
4.3 The Consumer shall return the products to Captains of Cycling without delay, but no later than 14 calendar days from the day he notified his decision to revoke the contract to Captains of Cycling. The Consumer meets these conditions in time if he returns the products before the period of 14 calendar days has expired. The direct costs of returning the products shall be borne by the Consumer, unless agreed otherwise. The products returned must be in the same condition as at the time of delivery. Furthermore, the product must be returned in the original packaging in which it was sent, opened or not, and including all accessories supplied with the product.
4.4 If the Consumer revokes the contract, the Consumer shall receive the payments already made for the goods from Captains of Cycling back, including delivery costs (with the exception of any extra costs resulting from the Consumer choosing a different way of delivery than the one offered by Captains of Cycling as the cheapest standard delivery) without delay and in any case no later than 14 calendar days after Captains of Cycling was informed about the Consumer’s decision to cancel the contract. Captains of Cycling shall then reimburse the Consumer with the same means of payment as the Consumer used for the original transaction, unless the Consumer has explicitly agreed otherwise. In any case, the Consumer shall not be charged for such refunds, except for the possible extra costs as a result of the Consumer choosing another way of payment. Captains of Cycling may wait with the refund until Captains of Cycling has received the products back and checked their condition or until the Consumer has proved that he has returned the products, whichever occurs first.
4.5 The Consumer may not exercise his right of withdrawal for products manufactured according to the Consumer’s specifications or for products clearly intended for a specific person, in accordance with Article VI. 53, 3° of the Belgian Economic Code.
4.6 Under no circumstances shall a professional Customer have this right of revocation.
5. PRICE AND COSTS
5.1 The price quoted relates only to the products as described. Materials, accessories and equipment not mentioned in the information on a particular product are not included. The accompanying photos are intended for decoration and may contain elements that are not included in the price quoted.
5.2 All prices are expressed in euros and include VAT, any import/export duties and reservation and/or administration costs, but do not include any delivery or dispatch costs, any accelerated handling (such as express delivery) and/or additional Customer requirements. Shipping costs are not included, unless explicitly stated otherwise. They depend on the value of the total order. The exact amount of the shipping costs will be indicated during the online ordering process. The chosen shipping method and the final shipping costs are also mentioned on the order confirmation that the Customer receives at the time of purchase. Additional costs related to the choice of the payment method by the Customer can be charged by Captains of Cycling.
5.3 Captains of Cycling reserves the right to change the prices stated on the Website at any time. Nevertheless, the products are invoiced based on the prices applicable at the time the order was placed. Obvious mistakes, manipulations or errors (such as evident inaccuracies) can also be corrected by Captains of Cycling after the conclusion of the contract.
6. DELIVERY OF THE PURCHASED PRODUCTS
6.1 Unless agreed otherwise, deliveries will be made as standard in accordance with the Incoterm® “Delivered at Place” (DAP) (Incoterms® 2020) to the delivery address provided by the Customer. The transfer of risk for damage, destruction and disappearance of the products is therefore transferred at the time of actual delivery. At that moment Captains of Cycling is also released from its delivery obligation.
6.2 An order will only be shipped after Captains of Cycling has received the payment.
6.3 The delivery time is always indicative and is not an essential element of Captains of Cycling’s obligations towards the Customer. Exceeding the stated delivery time can never cause the payment of any compensation or the termination of the contract between Captains of Cycling and the Customer. Captains of Cycling can never be held responsible for delays caused by the Customer or third parties. Changes in the order automatically cancel the estimated delivery times.
6.4 If the Customer is not to be found at the delivery address indicated by him, a message will be left by the transport service to contact Captains of Cycling and the Customer. After contacting the Customer, Captains of Cycling will propose a solution for a next delivery attempt. If no reaction from the Customer is received after the second delivery attempt, the products will be returned to the registered office of Captains of Cycling. The costs for the return shipment, as well as the related expenses (such as, but not limited to taxes, VAT, storage costs, etc.) shall be borne by the Customer. In such a case the contract between Captains of Cycling and the Customer will be regarded as dissolved. The price already paid by the Customer will be refunded by Captains of Cycling, after deduction of the aforementioned costs of return and possible related expenses.
7. INVOICING AND PAYMENT
7.1 Orders must always be paid for in advance by the Customer.
When placing the order, the Customer has the choice between different payments methods:
All online payments are processed on behalf of Captains of Cycling by an external professional and specialized partner. This external partner provides the payment infrastructure, which is subject to protection protocols. All online payments are subject to the general terms and conditions of the external partner operating the payment infrastructure and therefore bears sole responsibility for the correct processing of all online payments.
8. ACCEPTANCE, WARRANTY AND COMPLAINTS
8.1 In accordance with article 1649quater of the former Belgian Civil Code, the Consumer has a legal warranty of two years regarding the conformity of the delivered products.
8.2 The Customer must carry out an initial verification immediately when receiving the purchased products. This immediate verification obligation includes the following (non-limitative list): quantity, conformity of the delivery, visible defects such as obvious material or manufacturing defects, etc. The Customer must notify Captains of Cycling immediately in writing (by mail, via https://www.lottodstny.be/en/contact-us/webshop-and-marketing or email@example.com) of verifiable discrepancies within 48 hours after delivery, referring to the correct order number. Captains of Cycling cannot be held responsible for minimal differences between the display on the Website and the delivered product, such as colour differences due to your screen settings.
8.3 Complaints regarding hidden defects in the products delivered must be reported by professional Customers in writing (by mail or e-mail) to Captains of Cycling within 48 hours after discovery of the defect, with reference to the correct order number, under penalty of inadmissibility. Consumers must report such complaints in the same way within a period of 2 months after discovery. Such complaints can be reported by Consumers to Captains of Cycling within the statutory warranty period, provided that Captains of Cycling shall not be liable for any loss of quality which would result from causes inherent in the nature of the product. In no case, Captains of Cycling shall be liable for loss of quality and damage caused by handling or misuse of the products by the Customer.
8.4 For complaints which are reported correctly and in time to Captains of Cycling by the Customer, Captains of Cycling will repair or replace the faulty products free of charge, unless this is impossible or would involve disproportionate costs. In that case Captains of Cycling shall grant a price reduction to the Customer, which is equal to the difference between the value of the product received by the Customer and the value the product would have had if it was in accordance with the agreement. The Customer accepts that the execution of these measures cannot be considered as an acceptance of liability by Captains of Cycling.
8.5 Under no circumstances may the Customer return products to Captains of Cycling pursuant to this article 8 without the prior written consent of Captains of Cycling. Captains of Cycling reserves the right to determine the defects and to check the cause thereof. In that case, the Customer shall deliver the products concerned at his own expense and risk to Captains of Cycling within a period of 5 working days after receipt of the request by Captains of Cycling.
8.6 The eventual replacement of products cannot lead to payments of any compensation, nor to termination of the contract between Captains of Cycling and the Customer.
8.7 The Customer is obliged to pay for costs made as a result of unjustified complaints.
8.8 If a Customer’s complaint has not been sufficiently resolved by Captains of Cycling, the Customer may at any time submit an online complaint to the Online Dispute Resolution Platform of the European Commission.
9.1 Except for the indemnification by Captains of Cycling according to the warranty provision in article 8 of these General Conditions, Captains of Cycling’s liability towards the Customer is limited to the liability which is obligatory imposed by law and is in any case limited to the lowest of the following two amounts: (1) the respective invoice amount (incl. VAT); (2) the amount which Captains of Cycling receives from its insurer within the framework of the respective liability file, pursuant to the Civil Liability policy entered into by Captains of Cycling.
9.2 Captains of Cycling shall in no event be liable for: (1) any indirect damage (including, without limitation, loss of business, damage to third parties) (2) any defects caused directly or indirectly by the act of the Customer or any third party, whether caused by mistake or negligence, (3), any damage resulting from improper or inappropriate use or handling of the purchased products.
9.3 The Customer acknowledges that Captains of Cycling does not warrant that the products comply with the regulations or requirements of any jurisdiction except those applicable in Belgium at the time of delivery of the product to the Customer by Captains of Cycling so Captains of Cycling shall not be liable for subsequent changes in law of any kind.
9.4 The Customer is solely responsible for the resale of the purchased products and warrants that he shall comply with all (legal and other) requirements.
10. GIFT CARDS
10.1 The Customer can purchase gift cards via the Website. A gift card can only be used to purchase articles from Captains of Cycling via the Website.
10.2 If the value of the gift card is insufficient for the total value of the purchase, the Customer will pay the difference by means of another payment method. If the value of the Gift Card exceeds the value of the purchase, the Customer will receive a new Gift Card for the remaining amount.
10.3 The value of a gift card can never be paid out in cash or in any other form of payment.
10.4 A gift card is valid for 1 year after the purchase.
10.5 Captains of Cycling can never be responsible for the loss or theft of a gift voucher.
11.1 Promotional offers, in any form whatsoever (such as, but not limited to, price reductions, discount vouchers, free shipping, etc.) must always be used in accordance with the guidelines, as explicitly indicated in this regard. In any case, these can only relate to one (1) order, cannot be cumulated and are personal in nature.
12. FORCE MAJEURE AND HARDSHIP
12.1 Captains of Cycling is not liable for any failure in the fulfilment of its obligations caused by force majeure or hardship
12.2 In case of force majeure or hardship Captains of Cycling can at its own discretion, without any prior notice of default or judicial intervention being required, and without any right of recourse against Captains of Cycling: (1) propose to the customer to replace the missing products by a functional equivalent; (2) suspend the performance of its obligations temporarily (3) extra-judicial termination the contract between Captains of Cycling and the Customer.
12.3 Force majeure and hardship are understood to mean (purely illustrative list) unavailability and/or scarcity of certain materials/products; scarcity of raw materials; currency fluctuations, increases in prices of materials, prices of auxiliary materials and raw materials, wages, salaries, social security costs, government imposed costs, levies and taxes, transport costs, import and export duties or insurance premiums; ice; special weather conditions; strike; mobilisation; war; illness; outbreak of an epidemic and/or pandemic; accidents; communication and IT failures; government measures; export ban; delay in supply; transport and/or travel impediments; including lack of or withdrawal of transport possibilities; export impediments; import impediments; breakdown; traffic jam; etc.
13. SUSPENSION AND DISSOLUTION
13.1. In the event of any change in the situation of the Customer, such as death, conversion, merger, acquisition, transfer, liquidation, cessation of payment, collective or amicable settlement, request for deferral of payment, cessation of activity, seizure or any other circumstance which may damage confidence in the Customer’s creditworthiness, Captains of Cycling reserves the right, simply because of that fact either suspend the fulfilment of one or more agreements with the Customer until the Customer provides sufficient securities for his payment; or declare one or more agreements with the Customer dissolved as from the date of sending of the dissolution, without prior notice and without judicial intervention, without prejudice to Captains of Cycling’s right to claim additional damages.
13.2 If the contract between Captains of Cycling and the Customer is terminated, whether or not by applying the right of termination described in article 13.1 of these General Conditions, the Customer loses the right to require Captains of Cycling to fulfil its obligations regarding the terminated contract.
14. INTELLECTUAL PROPERTY
14.1 All elements of the Website such as, among others, the texts, the database with all the data published on the Website, the lay-out and the graphic design of the web pages, the catalogue, the photographs, the pictures on the Website are protected by copyright. Captains of Cycling is the sole owner of these intellectual property rights. Any form of copy, publication, imitation or other use, in any form is prohibited without the prior written consent of Captains of Cycling.
15. PERSONAL DATA
15.1 The personal data provided by the Customer will be used and processed in accordance with the Privacy Statement (https://www.lottodstny.be/en/privacy-policy) Captains of Cycling will transfer this data to the payment provider and transport service in order to process the order.
15.2 The Customer can always ask to see, correct, delete, limit or transfer his personal data. If the Customer no longer wishes to receive commercial information from Captains of Cycling, the Customer must inform Captains of Cycling
- By post : Captains of Cycling CV, Belliardstraat 25-33, 1040 Etterbeek
- by e-mail: firstname.lastname@example.org
All possible disputes between Captains of Cycling and the Customer fall under the jurisdiction of the competent courts of Captains of Cycling’s registered office, without prejudice to mandatory provisions in this respect. The Consumer may also submit a complaint regarding the purchase of products on the Website to the Online Dispute Resolution Platform (“ODR”) of the European Union. By (Online Dispute Resolution Platform). By submitting a complaint to this platform, the Consumer agrees to settle his claim out of court. The Consumer accepts that this provision is purely informative and does not imply any obligation or commitment on the part of Captains of Cycling whereby the latter would agree to settle the Consumer’s claim out of court by means of the Online Dispute Resolution Platform.