Terms & Conditions

A. Terms used in these General Terms and Conditions:

Classified Cycling BV (CC): a private limited liability company (besloten vennootschap) with its registered office at Damplein 23, 2060 Antwerpen, registered with the Crossroads Bank for Enterprises under number 0733.606.545 and registered with the VAT authority under number BE 0733.606.545.
“General Terms and Conditions”: these general terms and conditions of sale and delivery, which are also available to view on the Website.
“Customer”: all persons (whether acting for themselves or in the name or for the account of a third party) who purchase a product from CC, place an order with CC and/or send a request for a quote to CC.
“Goods”: the goods produced or delivered by CC. Reference to the Goods is also made on the Website and on the price lists used by CC (as applicable from time to time) (the “Price List”).
“Website”: CC’s website in relation to the Goods, i.e. www.classified-cycling.cc.

B. Applicability of these General Terms and Conditions:

These General Terms and Conditions are applicable to the sale and delivery of Goods by CC to the Customer.
All quotes, order confirmations and deliveries by CC are subject to these General Terms and Conditions. By placing an order, the Customer expressly acknowledges that it has read these General Terms and Conditions, expressly accepts these General Terms and Conditions and accepts that its own terms and conditions of sale, purchase and/or delivery are excluded. All deviations from these General Terms and Conditions must be confirmed in writing by CC. An order is accepted by CC once it has been confirmed in writing in an order confirmation. CC has the right to refrain from issuing such order confirmation, without its decision to do so affecting the application of these General Terms and Conditions.
In case of any conflict between the Customer’s order and the quote or order confirmation issued by CC, the quote or order confirmation issued by CC shall always prevail.
Insofar as these General Terms and Conditions are written in a language other than Dutch, the Dutch text shall be decisive in case of any discrepancies.
The nullity or unenforceability of one of the provisions of these General Terms and Conditions shall not affect the validity and enforceability of the remaining provisions.

C. Terms and conditions:

The Customer undertakes, following the release of the (online and offline) training materials and manuals by CC and prior to implementation on a bicycle, to read the training material to guarantee perfect integration of the Goods.
The Customer shall at all times handle and use the Goods in accordance with CC’s user instructions (as applicable and updated from time to time), which shall be supplied together with the Goods and any technical documents. These documents are also available to view on CC’s website.
The Customer shall at all times immediately inform and train its employees that sell the Goods, and in turn, its customers and the consumer in relation to the safety instructions and user instructions (as detailed in the CC user manual, which the Customer declares to have read).
The Customer expressly acknowledges that CC may also offer the Goods online, with the price of the Goods being in line with the recommended retail prices (to end users) provided by CC.
CC shall communicate its manufacturer-suggested retail prices (MSRP).
The Customer acknowledges and accepts that CC offers a limited and conditional warranty to end users (first user only) of the Goods purchases (see CC’s Website) and acknowledges the contents thereof. Within a period of ten (10) working days of being notified of a warranty claim by a (first) end user in relation to the goods, the Customer undertakes to notify CC of this warranty claim. If the Customer fails to communicate such claims, it shall take responsibility for fulfilling the warranty terms towards the end user itself, without the option of any recourse or claims towards CC. The Customer undertakes to offer CC all reasonable support and assistance in assessing a warranty claim, including (but not limited to) by supplying the Goods in question, the purchase invoice from CC to the Customer and the sale invoice from the Customer to the (first) end user to CC within a period of five (5) working days of receipt of a request from CC to do so.
CC reserves the right to have repairs performed by the Customer as a subcontractor (as far as possible) in relation to its warranty obligations towards the (first) end user. The Customer acknowledges and accepts that CC shall independently decide whether a warranty claim fulfils the terms and conditions of the limited and conditional warranty to the (first) end user. CC shall not be bound in any way by any statements by the Customer towards the end user in relation to this decision.

D. Delivery and delivery terms

The delivery dates specified by CC in any offers and/or order confirmations are indicative only and are not binding as a result. Any delay in delivery shall in no event give rise to compensation or termination of the contract at the expense of CC.
Unless explicitly agreed otherwise in writing, the Goods shall be deemed to be delivered in accordance with Incoterms EXW 2020. In this case, the Customer is responsible for transport and must collect and receive the goods from CC within five working days of a request to that effect from CC. ‘Working days’ shall be taken to mean all days except Saturdays, Sundays and Belgian statutory public holidays.
However, if CC is responsible for the transport of the Goods and in the absence of any agreement on the transport method, CC shall be free to choose the transporter and type of transport, and the Goods shall be transported at the expense of the Customer.
Goods delivered shall remain the property of CC until the Customer has paid the full price, including any interest and costs. The risk in relation to the Goods shall be transferred at the time of delivery.

E. Pricing:

All prices are exclusive of VAT, import duties, levies, packaging and transport costs and any taxes imposed by the authorities, and based on Incoterms 2020 Ex Works for all deliveries outside of Belgium.
If any currency fluctuations occur, CC shall have the right to amend the agreed prices within reason. The Customer shall be notified in writing of any such amendment one calendar month prior to the effective date of the amendment.
Price amendments shall not affect ongoing contracts with the Customer and outstanding offers that have not yet reached their expiry date.

F. Complaints - Warranty

Visible defects and non-conformity: The Customer must inspect the Goods for visible defects and visible non-conformities immediately upon receipt thereof. All complaints about visible defects and non-conformities, such as incorrect delivery, damage to the goods, incorrect quantities etc., must be reported in writing by e-mail (support@classified-cycling.cc) within two working days following the delivery of the goods and in any case prior to any handling, adjustment or use of the delivered Goods by the Customer.
Invisible defects and invisible non-compliance in Goods not manufactured by CC: for these goods, CC’s liability and warranty shall be limited to the warranty CC has obtained from its supplier.
Exclusion of indirect and consequential damage: CC’s liability shall at all times be limited to the purchase price of the Goods sold, as specified on the invoice. CC can in no instance be held liable for indirect, exceptional or incidental damage, damage compensation, consequential damage such as (but not limited to) transport costs, travel and accommodation costs, (dis)assembly and/or (re)installation costs, loss of profit or business stagnation.
Classified cannot be held liable (directly or indirectly) for any damages or losses in the event any products or goods are not or have not been installed, maintained, stored or used in any other way in accordance with the policies, guidelines, applicable rules and regulations, manuals, service bulletins or any other documents from Classified (as issued, amended, supplemented or changed, from time to time). Classified reserves the right to at all times update, change amend, supplement any policies, guidelines, manuals, service bulletins or any other documents from Classified.

G. Payment terms:

All invoices shall be paid to CC in cash and without any discount.
All objections to CC invoices must be submitted in writing and in full within ten calendar days of the invoice date.
In the event of non-payment or incomplete payment by the due date (“Defaulting Customer”), the Customer shall owe compensation of 10% of the invoice amount, with a minimum of 150 EUR, plus late payment interest from the due date of 12% per year, by operation of law and without prior notice of default. In the event of non-payment by the due date, all other outstanding, yet to be invoiced amounts and all invoices that have not yet become due shall become due.
CC reserves the right to suspend or terminate any outstanding or future orders for Defaulting Customers until the Customer has fulfilled its obligations in full.

H. Obligations of the Customer

The Customer undertakes to exclusively offer and sell the Goods on its own property and at its own sales point. This is limited to its own retail space. The Customer may promote or announce the Goods on its own website, but the Customer is not allowed to sell the Goods via its own website or online store without prior written permission from CC. Offering, selling or advertising the Goods on the website of a third party, such as an auction site or a major online retailer, is absolutely forbidden without prior written permission from CC.
The Customer shall represent CC and its Goods in a professional manner, with clear visibility for CC’s brand and the Goods.
After every sale, the Customer is obliged to inform the end user about the warranty and maintenance process. Such manual can be obtained via CC in hardcopy but is per default available only online.
The Customer shall bear full and exclusive responsibility for the timely submission of all details to CC, including those details CC indicates are necessary or useful for the performance of its obligations towards the Customer and those details the Customer is reasonably expected to understand are necessary or useful for the performance of CC’s obligations towards the Customer.

I. Confidentiality

Confidentiality: information relating to the existence of this agreement or the subject thereof must not be disclosed to third parties without consent from the counterparty, except when, and then only to a judicial authority, such judicial authority requests this information and the counterparty is obliged to supply this information, or when such disclosure is strictly required by a public authority. In any case, the party obliged to disclose the information shall notify the counterparty of the content of its disclosure without delay.

J. Termination of the contract with the Customer

In the event of any contractual shortcomings of the Customer that are not remedied within ten working days of a written demand from CC to that effect, CC shall have the right to terminate any agreement with the Customer at the expense of the Customer by means of written notice without judicial intervention, without prejudice to the right of CC to full compensation of its costs and losses, and without the Customer being entitled to any right to damage compensation.
Both parties have the right to terminate any agreement without reason. The Customer is obliged to notify CC in writing at least eight (8) weeks prior to the effective termination date in the event of termination without reason, in no case CC shall be obligated to take or purchase back any Goods sold to the Customer.
CC has the right to unilaterally terminate this agreement (including any outstanding or future orders) with the Customer in the event of bankruptcy or insolvency of the Customer.

K. Applicable law and competent court

Any disputes between CC and the Customer shall be governed by the laws of Belgium, except for the Vienna Sales Convention of 11 April 1980. At the discretion of the claimant, the courts of Antwerp (Belgium), or the courts of the place of residence of the defendant shall be exclusively competent in all disputes.