1. GENERAL

1.1 These general terms and conditions apply to all offers from B ikeRail.store . The conditions are accessible to everyone and included on the Skisun Construct website .

We will send you a written copy upon request.

1.2 By placing an order, you indicate that you agree to the delivery and payment terms. Skisun Construct reserves the right to amend its delivery and/or payment terms after the expiration of the term.

1.3 Unless otherwise agreed in writing, the general or specific terms or conditions of third parties are not recognized by Skisun Construct .

1.4 Skisun Construct guarantees that the delivered product conforms to the agreement and meets the specifications stated in the offer.

2. PRICES

2.1 Prices will not be increased within the validity period of the offer, unless legal measures make this necessary or if the manufacturer implements interim price increases.

2.2 All prices on the site are in Euros and include 21% VAT and exclude shipping costs, unless otherwise stated or agreed in writing.

3. DELIVERY

3.1 Delivery takes place while stocks last.

3.2 In accordance with distance selling regulations, Skisun Construct will execute orders within at least 30 days. If this is not possible (because the ordered item is out of stock or no longer available), or there is a delay for other reasons, or an order cannot be executed at all or only partially, the consumer will be notified within 1 month of placing the order and will, in that case, have the right to cancel the order without cost or notice of default.

3.3 Unless proven otherwise, Skisun Construct ‘s obligation to deliver shall be deemed fulfilled as soon as the goods delivered by Skisun Construct have been offered to the customer once. In the case of home delivery, the carrier’s report stating the refusal of acceptance constitutes full proof of the offer of delivery. Skisun Construct is not liable for delays, loss, or damage attributable to the transport company.

3.4 All timeframes mentioned on the website are indicative. Therefore, no rights can be derived from the stated timeframes.

3.5 You are obliged to inspect the delivered goods upon receipt. If the delivered goods are not in conformity with the agreement (incorrect or insufficient delivery, and/or containing a defect or damage), you must report this in writing to Skisun Construct immediately after delivery of the goods . You must then return any incorrectly delivered or damaged item to us immediately upon receipt, stating the defect.

4. RETURN

4.1. The Belgian Law on Commercial Practices, Information and Protection of the Consumer of 14 July 1991 allows the purchaser to inform the seller that he/she is withdrawing from the purchase within 7 working days of receipt of the product. You can therefore return the product within 7 working days of receipt of the delivery. Please notify us in advance. To serve you even better in the future, we would like to know the reason for the return.

4.2. The goods must be unused, complete, and returned in the original packaging within a reasonable period after notification (e.g., 3 working days). After a brief verification of the returned items, we will refund your order or exchange it free of charge for another item or size.

4.3. Items purchased online must be returned to the following address: Skisun Construct – Doornelei 23, 2018 Antwerp, Belgium. When returning goods, we advise you to send them by registered mail. Unfortunately, Skisun Construct cannot accept liability for the loss or damage of goods during return shipping; therefore, it is in your own interest to return the goods by registered mail.

4.4. You will pay the shipping costs to return the product(s).

5. DATA MANAGEMENT

5.1 If you place an order with Skisun Construct, your details will be included in Skisun Construct ‘s customer database . Skisun Construct complies with the Data Protection Act and will not provide your data to third parties. See our Privacy Policy .

5.2 Skisun Construct respects the privacy of the users of the website and ensures the confidential treatment of your personal data.

5.3 Skisun Construct uses a mailing list in some cases. Each mailing contains instructions on how to remove yourself from this list.

6. WARRANTY AND CONFORMITY

6.1 Skisun Construct guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date of the conclusion of the agreement.

6.2 A guarantee offered by Skisun Construct does not affect the rights and claims that the consumer may assert against the entrepreneur in respect of a failure to perform the entrepreneur’s obligations pursuant to the law and/or the distance contract.

6.3 The customer is obliged to inspect the delivered goods immediately upon receipt. If it appears that the delivered item is incorrect, defective, or incomplete, the customer must (before proceeding to return it to Skisun Construct ) report these defects immediately in writing to Skisun Construct . Any defects or incorrectly delivered goods may be reported in writing to Skisun Construct no later than 1 month after delivery . The goods must be returned in their original packaging (including accessories and accompanying documentation) and in new condition. Use after discovery of a defect, damage occurring after discovery of a defect, encumbrance and/or resale after discovery of a defect, completely invalidates this right to complain and return the goods.

6.4 If complaints from the customer are found to be justified by Skisun Construct , Skisun Construct shall , at its option, either replace the delivered goods free of charge or enter into a written agreement with the customer regarding compensation for damages, provided that the liability of Skisun Construct and consequently the amount of compensation is always limited to a maximum of the invoice amount of the goods in question, or (at the option of Skisun Construct ) to the maximum amount covered in the relevant case by Skisun Construct ‘s liability insurance . Any liability of Skisun Construct for any other form of damage is excluded, including supplementary compensation in any form whatsoever, compensation for indirect damage or consequential damage, or damage due to lost profits.

6.5 This warranty does not apply if:

A) and as long as the customer is in default towards Skisun Construct ;

B) the purchaser has repaired and/or modified the delivered goods himself or has had them repaired/modified by third parties.

C) the delivered goods have been exposed to abnormal conditions or have otherwise been handled carelessly or treated contrary to the instructions of Skisun Construct and/or the instructions for use on the packaging;

D) the defectiveness is wholly or partially the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used;

7. OFFERS

7.1 Offers are without obligation, unless stated otherwise in the offer.

7.2 Upon acceptance of a non-binding offer by the buyer, Skisun Construct reserves the right to revoke or deviate from the offer within a period of 3 working days after receipt of such acceptance.

7.3 Oral commitments bind Skisun Construct only after they have been expressly confirmed in writing.

7.4 Offers from Skisun Construct do not automatically apply to backorders.

7.5 Skisun Construct cannot be held to its offer if the customer ought to have understood that the offer, or a part thereof, contained an obvious error or clerical mistake.

7.6 Additions, amendments, and/or further agreements are only valid if agreed upon in writing.

8. AGREEMENT

8.1 An agreement between Skisun Construct and a customer is concluded after an order has been assessed by Skisun Construct for feasibility.

8.2 Skisun Construct reserves the right not to accept orders or assignments without giving reasons, or to accept them only on the condition that shipment is made COD or after prepayment.

9. IMAGES AND SPECIFICATIONS

9.1 All images; photos, drawings, etc.; including data concerning weights, dimensions, colors, images of labels, etc. on the Skisun Construct website are approximate only, are indicative, and cannot give rise to claims for compensation or termination of the agreement.

10. FORCE MAJEURE

10.1 Skisun Construct is not liable if and to the extent that its obligations cannot be fulfilled due to force majeure.

10.2 Force majeure is understood to mean any external cause, as well as any circumstance which cannot reasonably be ought to be at its risk. Delays or non-performance by our suppliers, internet outages, power outages, email outages, and malfunctions or changes in technology supplied by third parties, transport difficulties, strikes, government measures, delays in supply, negligence of suppliers and/or manufacturers of Skisun Construct as well as of auxiliary personnel, illness of personnel, and defects in auxiliary or transport equipment are expressly considered force majeure.

10.3 In the event of force majeure, Skisun Construct reserves the right to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to demand that the content of the agreement be modified in such a way that performance remains possible. In no case shall Skisun Construct be obliged to pay any penalty or compensation.

10.4 If, upon the occurrence of force majeure, Skisun Construct has already partially fulfilled its obligations, or can only partially fulfill its obligations, it is entitled to invoice the part already delivered or deliverable separately, and the customer is obliged to pay this invoice as if it were a separate contract. However, this does not apply if the part already delivered or deliverable has no independent value.

11. LIABILITY

11.1 Skisun Construct is not liable for damage to vehicles or other objects caused by the improper use of the products. Before use, read the instructions on the packaging and/or consult our website.

12. RETENTION OF TITLE

12.1 Ownership of all goods sold and delivered by Skisun Construct to the Customer shall remain with Skisun Construct as long as the Customer has not settled Skisun Construct ‘s claims arising from the agreement or from earlier or later similar agreements, as long as the Customer has not yet paid for the work performed or yet to be performed under this or similar agreements, and as long as the Customer has not yet settled Skisun Construct ‘s claims due to failure to perform such obligations, including claims for fines, interest, and costs, all as referred to in Article 3:92 of the Dutch Civil Code.

12.2 The goods supplied by Skisun Construct subject to retention of title may only be resold in the normal course of business and may never be used as a means of payment.

12.3 The Purchaser is not authorized to pledge the goods subject to retention of title, nor to encumber them in any other way.

12.4 The Purchaser hereby grants unconditional and irrevocable permission to Skisun Construct or a third party to be appointed by Skisun Construct to enter all places where its property is located and to take such items, in all cases where Skisun Construct wishes to exercise its ownership rights.

12.5 If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereon, the Purchaser is obliged to notify Skisun Construct thereof as soon as may reasonably be expected.

12.6 The Purchaser undertakes to insure and keep insured the goods delivered under retention of title against fire, explosion and water damage, as well as against theft, and to provide the policy of this insurance for inspection to Skisun Construct upon first request .

13. APPLICABLE LAW/COMPETENT COURT

13.1 All agreements are governed by Belgian law.

13.2 Any disputes arising from an agreement between Skisun Construct and the buyer that cannot be resolved by mutual agreement shall be heard by the competent court within the district of Antwerp, unless Skisun Construct prefers to submit the dispute to the competent court of the buyer’s place of residence, and with the exception of those disputes falling within the jurisdiction of the magistrate’s court.

14. PAYMENTS

14.1 Payments by bank transfer must be made within a period of 5 calendar days. The day of the order counts as the first calendar day. Upon written request from the customer, the period may be extended by a maximum of 3 calendar days. The respective 5 or 8 days constitute a reservation of the goods; after the expiration of this period without receipt of payment, Skisun Construct reserves the right to offer the products for resale or to resell them.