Terms and Conditions of Sale
1. Seller's Identity
We are SUGG SRL, located at 86 Rue de Laeken, B-1000 Brussels, Belgium
Company number: 0764738397
VAT number: BE0764738397
Email: salut [at] sugg.be
2. Definitions
SUGG: SUGG SRL, whose contact information is provided in paragraph 1 above.
Customer (hereinafter “You” or “Customer”): any natural or legal person with whom SUGG enters into a contract or with whom SUGG negotiates the conclusion of a contract.
Consumer: any natural person acting for purposes outside the scope of their commercial, industrial, artisanal, or professional activity.
Product or item: any good or service offered by SUGG.
3. Applicability
- SUGG’s General Terms and Conditions of Sale (“GTC”) apply to any product offer made by SUGG to the Customer and exclusively govern the legal relationship established between SUGG and any person who wishes to place an order at a SUGG workshop or through a SUGG website (for example, www.sugg.be) or at any retail store (hereinafter, the Customer).
- SUGG ships exclusively within Belgium. If you provide a shipping address outside of Belgium, SUGG reserves the right to accept or refuse the order.
- To place an order, you must be at least 18 years old, not legally incapacitated, and have a valid email address. If SUGG determines that an order has been placed by a minor, SUGG reserves the right to refuse that order.
- You are solely and exclusively responsible for all aspects of your cycling trips. This includes complying with traffic laws, road rules, and the insurance regulations that apply to you. These rules may vary from country to country. It is your responsibility to assess your level of compliance in this regard. For example, in Belgium, to comply with traffic laws, your bicycle must be equipped with reflectors on the front, the rear, and the wheels (unless the tires have reflective strips), as well as a bell.
- You are responsible for any charges related to the use of your SUGG bike.
- Placing an order online on the website constitutes formal acceptance of SUGG’s Terms and Conditions of Sale, the Terms of Use for the SUGG bicycle, and SUGG’s Privacy Policy, all of which are available on our website.
- Therefore, by placing an order, the Customer explicitly confirms that they have read and accepted the Terms and Conditions without reservation. SUGG may make changes or amendments to these Terms and Conditions at any time. Consequently, we ask that the Customer accept only the Terms and Conditions in effect at the time of purchase. The new Terms and Conditions will take effect as of the date of publication on the website or their communication in a retail store and will apply to purchase orders submitted after that date. Whenever the Customer wishes to place an order—whether at a SUGG workshop, via the website, or at a retail store—they must ensure that they have read and understood the Terms and Conditions applicable at the time they enter into an agreement with SUGG.
4. Our Offer and Your Order
- If SUGG’s offer is valid only for a limited time or is subject to specific conditions other than those set forth in these Terms and Conditions, SUGG will explicitly state this in its offer.
- SUGG provides a clear, comprehensive, and accurate description of the products sold to you, as well as the steps in the SUGG delivery process.
- Product images on the website are for illustrative purposes only. Although SUGG has made every effort to provide an accurate representation of the products, SUGG cannot guarantee that all colors displayed on the customer’s screen will exactly match the actual colors of the product. Furthermore, the products received by the Customer may differ slightly from the images provided on the website. Although SUGG makes every effort to be as accurate as possible, all sizes, dimensions, weights, and contents presented on the website may be subject to reasonable variations.
- SUGG offers the option to purchase the products featured on the website, at a SUGG studio, and at any retail store. These Terms and Conditions are intended to set forth the terms and conditions governing the order—that is, the sale—concluded between SUGG and the Customer. This includes, among other things, the placement of orders, payment, delivery, and cancellation of the sale. Offers are for informational purposes only, unless otherwise stated in writing. Offers are always non-binding and constitute a mere invitation to purchase the products displayed on the website or offered in retail stores. Furthermore, offers are valid only while supplies last. With regard to online sales, the Customer may use the online store to select and purchase the products offered for sale on the website, in the desired quantity, by clicking the button provided for that purpose. The Customer may also continue shopping and complete the payment process later by clicking on their shopping cart and then on the appropriate payment button. The Customer will then be required to enter their contact information (such as email, name, and shipping address). The total price of the product (including any applicable fees) will be displayed once the Customer clicks the button to continue the process. The Customer may then proceed with payment and enter their payment information. Upon confirming payment, the order is submitted to SUGG. Each order submitted is fully binding on the Customer, but SUGG is not bound until an order confirmation has been sent via email. We recommend that you print and save this confirmation email. SUGG reserves the right to refuse any order without providing a reason. An order is considered processed and approved once the Customer receives an order confirmation via email. Upon receipt of the email, an agreement (hereinafter, the “Contract”) will be established between SUGG and the Customer. If SUGG is unable to deliver a product—for example, because it is out of stock or due to a pricing error as described below—SUGG will contact the Customer as soon as possible. If a product is no longer in stock, SUGG reserves the right to offer the Customer a replacement item of equivalent quality and price. If the Customer has already paid for the goods and does not wish to receive replacement goods of equivalent quality and price, SUGG will refund the Customer as soon as possible using the same payment method the Customer used when placing the order.
- The purchase agreement between you and SUGG is deemed to be concluded once SUGG has confirmed your order in writing. A confirmation will be sent to you after SUGG has received approval from your credit card issuer, regardless of whether your payment was made via Bancontact, PayPal, or another payment method. Orders without a valid payment in the name of the registered cardholder will not be accepted or processed by SUGG. If you use another person’s credit card, you confirm that you have authorization to use that credit card to make the purchase from SUGG and to complete the payment. If your credit card issuer refuses to approve your payment to SUGG, SUGG cannot be held responsible for any delays in delivery and/or non-delivery of your order. SUGG accepts the following payment methods: Bancontact and PayPal.
- SUGG is required to deliver the goods within 30 days of SUGG's written confirmation of the order, unless you have been informed in advance that the product will not be available until a certain date.
- To purchase a product, add it to your shopping cart. Next, enter your contact and billing information. Then confirm the delivery address: one of the SUGG workshops or another address in Belgium. A summary page will appear during the final step. By clicking the “Order and Pay” button, you agree to SUGG’s Terms and Conditions. Your order is final once you have completed these steps.
5. Right of Withdrawal
- If you are a consumer, you have the right to cancel your purchase and return your order without having to provide a reason and at no additional cost (except for return shipping costs). If you cancel your purchase, you will no longer be able to use the SUGG bike.
- The withdrawal period expires 14 days from the day you (or a third party other than the carrier and designated by you) take physical possession of the goods. If an item is delivered in multiple shipments or parts, the 14-day withdrawal period begins on the day you take physical possession of the last shipment or part.
- Please note that you cannot exercise your right of withdrawal for products that have been customized specifically for you.
- You must return the goods or hand them over to SUGG without undue delay and, in any event, no later than 14 days from the day you notified us of your withdrawal from the contract. The deadline is met if you return the goods before the 14-day period expires. You are responsible for the direct costs of returning the goods.
- You are liable only for any depreciation in the value of the goods resulting from handling other than that necessary to verify the nature, characteristics, and proper functioning of such goods. Installing the pedals, adjusting the handlebars, adjusting the saddle, or inflating the tires may cause minor scratches, which reduce the value of the bicycle. To the extent that these actions are not necessary to determine the nature, characteristics, and proper functioning of the bicycle, you are liable to SUGG for any depreciation resulting from such actions.
- If you return the goods to SUGG, SUGG may refuse to issue a refund until SUGG has received the returned goods or until you have provided proof that you have returned them, whichever occurs first.
- SUGG is required to refund you no later than 14 days from the day SUGG received the returned goods. If SUGG offers to pick up the goods itself, the refund will be issued within 14 days from the day you notified SUGG of your withdrawal from the purchase agreement.
- SUGG is required to use the same payment method as the one used for the initial transaction, unless you have expressly agreed to another method of refund and provided that this does not result in any charges to you. SUGG will not reimburse any additional costs if you have explicitly chosen a delivery method other than the least expensive standard delivery method offered by SUGG.
- You must handle the order and its packaging with the utmost care during the first 14 days following delivery. As a consumer, you are only liable for any depreciation of the goods resulting from handling other than that necessary to ascertain the nature, characteristics, and proper functioning of the goods. To determine the nature, characteristics, and proper functioning of the goods, you must handle and inspect them in the same manner as you would be permitted to do in a store.
- To exercise your right of withdrawal, you may complete the form attached hereto (or make a similar, unambiguous statement) and send it by mail or email, as indicated above in Paragraph 1. In that case, we will send you a confirmation of receipt of your withdrawal.
6. Price
- The applicable prices are those in effect at the time the purchase agreement is entered into. SUGG’s prices remain fixed during the period specified by SUGG in its offer, except for price changes that may result from changes in tax rates.
- Unless otherwise specified, the prices listed in our quotes are in euros (EUR) and include VAT and all applicable taxes, but exclude shipping costs. Shipping costs may vary depending on the delivery method and the delivery location.
- SUGG always informs you of the total price before you confirm your order.
7. Payment
- We accept only advance payments made through our website using the payment methods listed there (see Paragraph 4 above).
- To ensure secure online payments and the security of your personal information, your transaction data is transmitted only in encrypted form using SSL (Secure Sockets Layer) technology. No special software is required to make SSL payments.
8. Warranty
- As a consumer, you are entitled to a two-year legal warranty (ten years on the frame) on goods you have purchased from SUGG. However, proof of purchase is required.
- More specifically, SUGG warrants every new bicycle frame and fork against defects in materials and workmanship for ten (10) years. Other original components mounted on the frame, as well as the paint finish against corrosion on the inside of the frame and fork, are also covered by a two (2)-year warranty. The warranty does not cover wear-and-tear parts (such as tires, inner tubes, brake pads, brake cables, brake cable housings, chains, sprockets, chainrings, handlebar grips, etc.), normal wear and tear, improper assembly or follow-up maintenance, or incorrect installation of parts or accessories. The warranty does not apply to failures or damage resulting from an accident, misuse, abuse, negligence, or modification of the frame or components. SUGG is not liable for incidental or consequential damages. If the damage is not covered by the warranty described above, SUGG will attempt to assist you and provide the replacement part at market price. To invoke this warranty, the customer must report the defect to SUGG by certified mail within thirty (30) days after it was or should have been discovered by the customer, and the customer must return the defective product to SUGG within the same timeframe. This warranty does not affect the legal provisions regarding consumer rights under Belgian law. SUGG shall not be liable to the Customer if the Customer has not used the goods in accordance with their intended purpose, if the goods in question have been modified, altered, or repaired, if the goods in question have been damaged intentionally or through the Customer’s negligence, or if the goods exhibit defects resulting from normal wear and tear. SUGG is not liable for, nor is it obligated to compensate for, intangible, indirect, or consequential damages, including (but not limited to) loss of profit, loss of revenue, production constraints, administrative or personnel costs, loss of customers, or third-party claims. Furthermore, SUGG is not liable for technical issues that affect the transmission of information via its website, and SUGG is not liable to the Customer for any modification, interruption, defect, or termination of its website. Finally, SUGG is also not liable for other websites linked to on its own website. For more information regarding the general use of the website, please refer to the section on the Website’s Terms and Conditions of Use.
9. Delivery and Performance
- All products are delivered to the address you provided to SUGG as the shipping address or service address.
- The delivery time specified by SUGG is based on the circumstances applicable to SUGG at the time the contract is concluded.
- Unless the parties have agreed on a different delivery date, SUGG is required to deliver the goods by transferring physical possession or control of such goods to the consumer without undue delay and no later than 30 days from the date the contract is concluded.
- If SUGG fails to fulfill its obligation to deliver the goods on the agreed date or within the timeframe agreed upon with you, you must request that SUGG make the delivery within a reasonable extension of time appropriate to the circumstances. If SUGG fails to deliver the goods within that extension of time, you are then entitled to terminate the contract.
- Delivery is handled by our delivery partner. The process is as follows: (1) you schedule a delivery time, and (2) the bike is delivered to the address you provided.
- When SUGG ships the goods to you, the risk of loss or damage to the goods passes to you once you (or a third party other than the carrier and designated by you) have physically taken possession of the goods. However, this risk is transferred to you upon delivery by the carrier when you have authorized the carrier to transport the goods and SUGG did not offer such an option, without prejudice to your rights against the carrier.
10. Force Majeure
- If SUGG is unable to fulfill any of its obligations to the Client due to force majeure, that obligation shall be suspended for the duration of the force majeure event.
- Force majeure includes all external circumstances beyond SUGG’s control that make it wholly or partially impossible for us to fulfill our obligations. These events include, but are not limited to, strikes, fires, natural disasters, acts of war, disruptions to energy supplies, telecommunications networks, or communication systems, and/or the temporary unavailability of the online store, as well as late or non-delivery by suppliers or other third parties.
11. Intellectual Property
- All content that we make available to you through this website and any other means of communication, including software, images, graphics, logos, documents, text, slogans, user-generated content, and any other information (“Content”), as well as all intellectual property rights (copyrights, database rights, and trademark rights) and other related rights are the exclusive property of SUGG or their respective owners.
- Accordingly, the Customer agrees not to make any claims regarding the aforementioned intellectual property rights.
- Therefore, you are not authorized to copy, display, republish, translate, offer, transfer, or distribute, in any manner whatsoever, any part of the content, unless expressly permitted by these Terms of Service or unless SUGG has expressly authorized you to do so in writing.
12. Liability
- To the extent permitted by applicable law, we are not liable for any damages resulting from our products, except in cases of willful misconduct.
- In any case, we shall not be liable for indirect damages (such as damages resulting from an accident, loss of revenue, loss of productivity, or data loss) or for non-pecuniary damages, such as damage to reputation.
- The limitation of liability set forth in the preceding sections applies to the extent permitted by applicable law, regardless of the applicable liability regime, even in cases of gross negligence.
- If SUGG is found liable for a given claim, SUGG’s liability shall be limited, in all cases and notwithstanding the foregoing provisions, to the price you paid for the relevant SUGG products or to the amounts actually paid to SUGG by its insurance company as compensation for the claim in question, whichever is greater.
13. Complaints
- If you have any complaints regarding SUGG products, please do not hesitate to contact us as indicated in Paragraph 1.
- These Terms and Conditions are governed exclusively by Belgian law, regardless of your place of residence. The courts within the jurisdiction of our corporate headquarters in Brussels shall have exclusive jurisdiction to resolve any dispute relating to these Terms and Conditions, without prejudice to any mandatory applicable law that provides for the jurisdiction of the courts in your place of residence.
- Both parties (the Customer, on the one hand, and SUGG, on the other) agree to first seek an amicable resolution in the event of a dispute or disagreement regarding the application or interpretation of these Terms and Conditions before initiating any legal proceedings.
- If you are a consumer, you can contact the Federal Consumer Mediation Service for out-of-court resolution of consumer disputes at www.mediationconsommateur.be/fr.
- In the event of cross-border disputes, you can contact the European Union's Online Dispute Resolution (ODR) platform at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR.
14. Final Provisions
- If, for any reason, any provision of this agreement is found to be invalid, void, or unenforceable, this shall in no way affect the validity of the remaining provisions. In such a case, the parties agree to replace, by mutual agreement, the provision found to be invalid, void, or unenforceable with a new provision that best reflects their intentions and the spirit of these Terms of Use.
- Any omission or failure to enforce any provision of these Terms and Conditions shall not be construed as a waiver of such provision.
Sample Withdrawal Form
If you wish to cancel your contract with SUGG, please copy the form below, fill it out, and send it to:
SUGG SRL, 86 Rue de Laeken, B-1000 Brussels, Belgium,
or by email to:
salut [at] sugg.be
I hereby notify you of my withdrawal from the contract for the sale of the following item.
- Items ordered
- Order date
- Date items were received
- Invoice number
- Customer's name
- Customer's address
- Date and place the notice of withdrawal was sent
- Customer's signature: