Delivery and Returns
The delivery period indicated by DHL, FedEx or any other forwarder shall be based on the circumstances applicable to EBKE at the time the Agreement is entered into and, to the extent dependent on performance by third parties, on the information that those third parties provided to EBKE. All delivery dates are estimates only.
Except as otherwise provided herein, the delivery period shall commence on the date of EBKE's written order confirmation. Provided, however, if, in order to execute the order, EBKE requires additional information from the client, the delivery period shall commence on the date on which EBKE disposes of all the necessary information or resources, but not earlier than the date of the written order confirmation.
The client shall not be entitled to claim any compensation in the event of an overdue delivery period. Neither shall the client be entitled to dissolve the agreement in such an event, unless the client is considered to be a consumer. Consumers have the right to dissolve the agreement after they have requested to deliver within a reasonable timeframe or such timeframe as provided by law and EBKE was not able to deliver within that reasonable period or timeframe as provided by law. EBKE shall at all times be entitled to deliver in part-consignments.
Return policy and Right of Withdrawal
If the client is a consumer, after buying a product in an EBKE online store, the product can be returned in its original box, within 14 days..
If you meet the definition of a "Consumer", You have the right to withdraw from Your purchase and revoke Your order without giving any reason and without extra costs.
The withdrawal period shall expire after 14 (fourteen) calendar days from the day on which You or a third party other than the carrier indicated by you acquires physical possession of the products. When Products are delivered in multiple lots or pieces, the withdrawal period shall expire after 14 (fourteen) calendar days from the day on which You acquire the physical possession of the last lot or piece.
Please note that you cannot exercise a right to withdraw in case of products made to the consumer's specifications or clearly personalised.
You shall send back the products in the original box or the box provided by EBKE or hand them over in person to EBKE, without undue delay and in any event not later than 14 (fourteen) calendar days from the day on which you communicate your withdrawal from this contract to Us. The deadline is met if you send back the products before the period of 14 (fourteen) calendar days has expired.
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 products. Installing the pedals and/or adjusting the handlebar and/or adjusting the saddle is likely to create small claws. To the extent that these actions are not necessary to establish the nature, characteristics and functioning of the bike, You are liable towards EBKE for any diminished value caused by these actions.
In case You withdraw, EBKE can refuse repayment as long as EBKE has not timely received the returned goods or until You have proved You have timely returned the Products, depending on which event occurs first.
EBKE shall reimburse you the purchase amount of the Products including any shipping costs charged with regard to the delivery of the products no later than 14 (fourteen) working days starting from the day we received your returned products.
EBKE 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. EBKE shall not, however, 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 EBKE.
You shall handle the Order as well as the packaging with the utmost care during the first 14 (fourteen) calendar days after delivery. As a Consumer You will be liable for any diminished value of the goods resulting from the handling of the Products other than what is necessary to establish their nature, characteristics and functioning. In order to establish the nature, characteristics and functioning of the Products, You should only handle and inspect the Product in the same manner as You would be allowed to do in a shop.
In order to exercise Your right to withdraw, You can fill out the form on the "contact us" page on the website of EBKE or make a similar unequivocal statement and send it to the email as indicated in Section 2.3 above. We will send You an acknowledgement of Your withdrawal.
Delivery and risk
If and to the extent that parties have not explicitly agreed in writing on the (costs of) delivery of the Products and the transfer of risk, the delivery shall be made at EBKE's premises, and the risk of the Products and the packing thereof shall be transferred to the Client at the moment the Products are ready for dispatch, while the dispatch shall be effected for the Client's account and risk. In the event the Client is considered to be a Consumer, the foregoing in article 9.1 shall not apply and the moment of delivery and transfer of risk is the moment that the Consumer has taken receipt of the Products.
If the Client should fail to collect the Products it has ordered or should fail to do so promptly, it shall be in default without requiring a written notice of default. In such event EBKE shall be entitled to store the Products for the Client's account and risk and to sell these to a third party. The Client shall remain liable for the purchase price plus the interest and costs (by way of compensation) after the deduction of the net proceeds of such sale to a third party, if any.
Retention of title
Irrespective of the actual delivery date, the title to the Products shall not be transferred to the Client until it has paid EBKE the sum outstanding in respect of the Products in full, including the purchase price, any surcharges, interest, taxes and costs payable pursuant to the Terms or an Agreement and any services rendered or to be rendered in respect of the Products.
The Client shall not be authorized to rent, let or make the Products available in use to third parties, to pledge them or to otherwise encumber them in favour of third parties until EBKE has transferred the title of those Products to the Client.
If and as long as the title to the Products has not yet been transferred to the Client, the Client shall inform EBKE forthwith in writing in the event that the Products are seized, attached, garnished or if any other claim should be made with regard to the Products.
In the event of attachment, seizure, garnishment, bankruptcy, involuntary liquidation or a (provisional) moratorium of payments, the Client shall immediately inform the administrator or liquidator, the bailiff or the process-server serving the seizure, garnishment or attachment, of EBKE's rights of title.