General Terms and Conditions

GENERAL TERMS AND CONDITIONS

  1. Definitions

 1.1 In these general terms and conditions (“Terms”), the following definitions shall apply:

  1. a) Black Cargo s.r.o.: The private company with limited liability under Czech law Black Cargo s.r.o., having its registered offices in Prague, Czechia
  1. b) Client: all natural or legal persons with whom Black Cargo s.r.o. enters into an Agreement or with whom Black Cargo s.r.o. is negotiating about the conclusion of an Agreement;
  1. c) Agreement: any and every agreement entered into between Black Cargo s.r.o. and a Client, any amendment thereto and any actions or legal transactions connected with the execution of that Agreement and, seen in retrospect, any and all actions and legal transactions necessary for entering into that Agreement;
  1. d) Products: any and all goods which are the subject of an Agreement;
  1. e) Order: any order issued by a Client to Black Cargo s.r.o. in any form whatsoever.
  1. Applicability

2.1 The present Terms shall comprise a part of all Agreements and shall be applicable to all Black Cargo s.r.o.’s and Client’s actions and legal transactions.

Unless the nature or specific contents of any stipulation in the present Terms should oppose this, the provisions of the Terms shall also be applicable to Agreements under the terms of which Black Cargo s.r.o. does not act in its capacity of seller.

2.2 Applicability of any general terms and conditions applied by Client is explicitly dismissed by Black Cargo s.r.o..

2.3 In These Terms apply to all services provided by Black Cargo s.r.o. to the Client.

  1. Amendments

3.1 Notwithstanding article 21 of the Terms, amendments of any provision in any Agreement or in the Terms may only be agreed by written consent of both parties.

3.2 If an amendment or adjustment as referred to in article 3.1 of the Terms is agreed, such amendment or adjustment shall only apply to the Agreement concerned, unless expressly stated otherwise.

  1. Quotations, Agreements, Product descriptions and definitions

4.1 A quotation or (price) offer shall not be binding on Black Cargo s.r.o. and shall qualify only as an invitation to the Client to place an Order.

4.2 An Agreement shall only be concluded to the extent Black Cargo s.r.o. accepts an Order from the Client in writing or if Black Cargo s.r.o. executes an Order. If at the request of Client Black Cargo s.r.o. carries out any work for Client before an Agreement is concluded, then Client shall remunerate Black Cargo s.r.o. therefore in accordance with Black Cargo s.r.o.’s customary rates.

4.3 After acceptance of an Order, Black Cargo s.r.o. shall at all times be entitled to cancel such Order without stating its reasons, in which case Black Cargo s.r.o. shall not be obliged to refund any more than advance payments already made by Client, if any.

  1. Prices

 5.1 All Black Cargo s.r.o.’s prices are in Euro unless expressly stated otherwise. Insofar as prices are stated in other currency than Euro, than such statement of price is deemed to be based on the Euro equivalent of such price at the date that the price statement was made.

 All prices include the Czech VAT of 21%.

  1. Payment

 6.1 The Client shall pay all amounts due within 14 days of the invoice date.

 6.2 Black Cargo s.r.o. is entitled to request advance payment. Black Cargo s.r.o. is at all times entitled to suspend performance of an Agreement or Order in case of one or more outstanding invoices of, in total, more than € 3.500 or in case an invoice is more than 30 days overdue.

6.3 If full and timely payment is not received by Black Cargo s.r.o., Client shall automatically be in default without any notice of default being required. In that case, all claims by Black Cargo s.r.o. against Client, regardless of their grounds or nature, shall be immediately payable and Client will become due an interest of 1.5% per month over the outstanding amounts. Black Cargo s.r.o. shall then be entitled to suspend or discontinue any activities for the client without incurring any liability towards the client as a result thereof. All (extra-)judicial expenses incurred by Black Cargo s.r.o. for collecting sums due by the client shall be reimbursed by the client with a minimum of 15% of the sums due.

6.4 Regardless of any statement expressing otherwise, payments by Client are deemed to have been settled on debts in the following order: interest, (extra-judicial) collection charges, principals payable (the older ones before newer ones).

  1. Delivery period

7.1 The delivery period indicated by Black Cargo s.r.o. shall be based on the circumstances applicable to Black Cargo s.r.o. 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 Black Cargo s.r.o..

7.2 The delivery period shall commence on the date of Black Cargo s.r.o.’s written Order confirmation.

7.3 The Client shall not claim any compensation in the event of an overdue delivery period. Neither shall the Client dissolve the Agreement in such an event, unless the Client proves that it cannot in reason be required to comply with the relevant part of the Agreement. In such case, the Client shall be entitled to dissolve the Agreement, provided it has informed Black Cargo s.r.o. thereof in writing and without prejudice to Black Cargo s.r.o.’s right to supply the Products concerned and to require payment thereof within three weeks of the receipt of such a notification.

7.4 Black Cargo s.r.o. shall at all times be entitled to deliver in part-consignments.

  1. Delivery and risk

8.1 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 Black Cargo s.r.o.’s premises, and the risk of the Products and the packing thereof shall in all cases 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.

8.2 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 Black Cargo s.r.o. 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.

  1. Retention of title

9.1 The title to the Products shall not be transferred to the Client until it has paid Black Cargo s.r.o. 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.

9.2 If and as long as the title to the Products has not yet been transferred to the Client, the Client shall inform Black Cargo s.r.o. 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.

9.3 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 Black Cargo s.r.o.’s rights of title.

  1. Inspection and complaints

10.1 The Client shall be obliged to carefully inspect the Products immediately upon arrival at their destination or to have these examined upon receipt by the Client itself or any third party acting at its instructions, whichever is earlier. Black Cargo s.r.o. must be informed in writing of any complaints in respect of defects to the Products or any discrepancies in quantity, weight or quality between the Products supplied and the specification thereof in the relevant order confirmation or invoice no later than within 2 days after the receipt of the Products. The Client must notify Black Cargo s.r.o. of defects that could not in reason have been discovered within the abovementioned period in writing immediately after discovery, but in any case no later than within 30 days of the receipt of the Products. Should the Client fail to inform Black Cargo s.r.o. within the abovementioned term, its rights to exercise any of its rights with regard to such irregularity or defect have lapsed, notwithstanding the applicability of a possible shorter period applied by a carrier or other third party further to article 12 below.

10.2 The Client shall be obliged to immediately cease the use of the Products concerned after discovering any irregularity or defect, under penalty of lapse of the right to exercise any of its rights with regard to such irregularity or defect. The Client shall provide any cooperation Black Cargo s.r.o. may require in order to investigate the complaint.

10.3 The Client shall not be entitled to return Products to Black Cargo s.r.o. before Black Cargo s.r.o. has agreed in writing to such return. The costs of the return consignment shall be for the Client’s account, and the Products shall remain at risk of the Client after receipt by Black Cargo s.r.o. of such Products.

  1. Other obligations of the Client

11.1 The Client shall at all times make any and all information necessary for the execution of Black Cargo s.r.o.’s activities available timely and shall warrant the accuracy and comprehensiveness thereof.

11.2 The Client shall not be entitled to remove or make invisible any trademarks or identifying marks on the Products, any documents accompanying and/or regarding the Products. 

  1. Products and services of third parties

12.1 Black Cargo s.r.o. shall be entitled to engage third parties to fulfill (parts of) an Agreement. If Black Cargo s.r.o. calls in third parties, the terms and conditions that apply to the agreement between such third parties and Black Cargo s.r.o. apply to the Agreement notwithstanding the rights and obligations of Black Cargo s.r.o. and the Client arising from the Agreement, to the extent that in the event that these rights and obligations deviate, the terms and conditions that bind Black Cargo s.r.o. to any third party shall prevail. The terms and conditions that bind Black Cargo s.r.o. towards third parties in cases as described above will be provided by Black Cargo s.r.o. to the Client free of charge at the Client’s first request.

  1. Warranties

These warranty conditions are applicable for manufacturing defects. The different periods of the warranty are described below. This warranty does not include normal wear and tear.

Black Cargo does not cover under the warranty any defects if the Cargo Bike has been purchased second. The warranty is not transferrable. The warranty period starts on the day of the delivery

Accessories are not covered by any other warranty than their own warranty.

Warranty Terms:

In detail, the following parts include under warranty:

- 2 Year Warranty:

  • Frame

- 1 Year Warranty :

  • Li-Ion Battery
  • Battery Charger
  • Electric Support Control
  • Pedal Sensor
  • Electric Motor
  • Display Panel
  • Saddle
  • Stem
  • Gear hub or Derailleur
  • Lock
  • Children Seats
  • Handlebar
  • Brake Levers
  • Shifter
  • Cranks
  • Headset
  • Wooden Panels of the box

Damage caused during transport or other damage and / flaws:

With the Full Assembled Home Delivery, our mechanics will check that everything is correct on your Cargo Bike.

If your Cargo Bike arrives unassembled, you should check the Cargo Bike, the package and accessories directly on delivery. We take no complaints of visible and other defects of the product / component after two days of delivery.

Please note that your warranty expires, if:

  • no regular maintenance [1] has been committed (maintenance after +/- 3 months and second service after +/- 12 months);
  • the defects are caused by improper use or inadequate maintenance;
  • not normal, injudicious, improper or careless use of the product;
  • riding on and off curbs;
  • bumping against curbs;
  • reverse cycle;
  • repairs carried out by non-experts or modifications to the product, as well as replacement of parts of the product not acknowledged by us
  • if used parts are used;
  • in case of damage, arising from the use during games or use for sport purposes;
  • in case of damage, arising as a result of an accident or another external calamity;
  • Cargo bikes that are used for rental;

 No Warranty:

  • Damaged and punctures of the tires, stretching brakes and gear cables through normal use (adjustment and readjustment of the brake and acceleration) and the readjustment of wheels and spokes for use, and spoke breakage;
  • For loose bolts and nuts;

Replacement of parts:

When replacement of parts is required, this is done by means of an original part and optically equivalent part, based on the current state of the art. No claim can be made on an identical part. No claim can be made on the installation of a replacement part if Black Cargo believes that the consumer with a written guidance can perform it. In this case Black Cargo may opt to send the parts.

Abuse:

Abuse of the guarantee could lead to the declaration of the costs incurred by Black Cargo.

Claim warranty:

If the service department on base of the information received can not fix or repair under the warranty, the mechanic will indicate whether the repair is covered by the warranty of Black Cargo. The service department can also ask the customer to send the component to us, we will then decide if that part is covered by the warranty.

Important:

Do not drive without checking the brakes and gears are working properly.
Regularly check if the brakes and gears are working properly and if necessary adjust them in accordance with the instructions, or by a qualified bicycle specialist. 

For questions or to report a complaint, please contact us (make sure you have your order at hand) :

info@blackcargo.bike (for questions, complaints and information) 

[1] Maintenance consists of checking out the following components;

  • adjustment gear,
  • adjustment brakes,
  • Check wire and chain tension,
  • Lubricate moving parts.

[2] Maintenance interval after the second year of purchase;

  • Check adjustment gear,
  • Check brake adjustment,
  • Check wire and chain tension,
  • Lubricate moving parts,
  • Retrace the entire cycle defects.
Black Cargo s.r.o
Varhulíkové 16
170 00 Praha 7
Czechia
VAT Number : CZ 064 39 551
info@blackcargo.bike
www.blackcargo.bike