The following terms and conditions (“Terms”) apply for all pre-orders placed for the BikeFinder bike tracking device (the “Product”) defined by the technical specification included in appendix 1 (the “Specifications”) offered by BikeFinder AS, a Norwegian limited liability company with organization number 915694608 (“BikeFinder” or “we” or “us”). BikeFinder refers to the person placing the pre-order as «you».
When placing a pre-order you accepted these Terms and acknowledge that you understand these terms. A preorder carries a special and significant risks. We mention in particular the following issues:
- BikeFinder apply the funds raised by preorders for funding the final development of the Product and the production of the Products to be delivered. Our financial strength is limited at this stage and advancing funds to us carries a default risk.
- No specific delivery date is agreed. The pre-order only includes an estimated shipping date. We refer to Section 1.
- We may not be able to deliver the Product. The completion of our product development process and successful shipping of all pre-buy orders is depended on sufficient backing from our pre-order campaign and fundraising process. However, if we are unable to deliver, you will be entitled to reimbursement of your payments in accordance with Section 2 in these Terms.
In case of contradiction with any other terms, descriptions, agreements or understandings between you and BikeFinder, these Terms have priority. BikeFinder explicitly rejects any terms deviating from the following Terms unless otherwise is explicitly agreed and confirmed in writing.
The purpose of the Product is to deter bike theft and help the owner of a bike to locate a lost or stolen bike. You may only install the Product on your own bike or a consenting adult’s bike. If you allow other persons to use a bike where the Product is installed, you are responsible for informing such person that you may track the movement and location of the bike. We note that EU legislation among other relevant rules and regulation protect information and privacy. We deem any use contrary to applicable law as a breach of contract and reserve a right to shut down our services if we reasonably believe that a breach has occurred or continue to occur.
PRE-ORDERS, PAYMENT AND DELIVERY
The prices for pre-orders are as stated on BikeFinder’s website www.Bikefinder.no BikeFinder reserves the right to change the prices at any time but such changes does not retroactively affect pre-orders which already had been placed.
You pay the purchase price for the Product when placing the order. The purchase price for the Product does not include shipping costs are not included in the purchase price. The method of shipping will be chosen by BikeFinder (acting reasonably). Additional costs for customs duties, value added tax (VAT) and other fees or taxes in the country of destination may apply.
BikeFinder’s products will be manufactured in China. The Products will be shipped directly from the manufacturing plant via a third party warehouse to the country and address of destination given to us in the pre-order.Delivery takes place when the Product reaches the destination.
The estimated date of shipping is stated in the order confirmation. Please note that the estimated time for shipping is only an estimate and may vary materially from the estimate. BikeFinder will endeavor to inform you about the progress towards shipping.
CANCELLATION OF PRE-ORDERS
You may cancel the pre-order until you receive notification of shipment from BikeFinder. BikeFinder will notify you at least 14 days prior to the shipment date. BikeFinder will strive to reimburse your complete payment for the pre-order within six weeks after your cancellation. Please note, however, that the funds raised with your pre-order may be partially invested in product development. Delivery is contingent on sufficient funds to complete the development of the products. Hence, BikeFinder may lack the funds to repay you in full.
BikeFinder may cancel your order before the shipment date at BikeFinder’s own discretion. BikeFinder will reimburse the payment in the event of such cancellation.
DESCRIPTION OF THE PRODUCT
BikeFinder strives to provide a complete and accurate description of the products offered. Nevertheless, BikeFinder cannot guarantee a complete resemblance between the illustration material, such as pictures, videos and written descriptions, and the actual products.
BikeFinder also reserves the right to change and modify the product specifications, such as battery capacity, weight, material selection, form, color and other physical dimensions and technical specifications in the period up to the shipping date. The variation ranges are set out in the technical specifications. An updated and final technical specification will be available at least 14 days prior to the shipping date.
RETURN OF DEFECTED AND NON-CONFORMING PRODUCTS
BikeFinder warrants that the Product conforms with the Technical Specifications for a period of one year after you received the products, or for the period prescribed by mandatory law in your jurisdiction, whichever is longer.
You are responsible for inspecting the products upon delivery. If the Product is defected, you shall notify BikeFinder without undue delay. When filing a complaint, please indicate the transaction number (“transaction number”) of your pre-order found on the pre-order confirmation e-mail received at time of ordering, contact information (name and address) and reason for return.
The user manual accompanying the Product describes how to properly use the Product. BikeFinder is not liable for any damage resulting from improper use of the Product or inadequate maintenance. Such improper use includes but is not limited to damage caused by the products being dropped on solid objects such as tables or floors, or damage caused by exposing the products for other temperatures or humidity conditions than recommended in the user manual. Improper use also includes modifications, reengineering, copying and other changes to the software in breach of BikeFinder’s intellectual property rights in accordance with Section 9.
BikeFinder does not warrant that the Product is legal to use in your jurisdiction. You are responsible for examining and adhering to any limitations or conditions applicable to the Product and tracking devices in general.
In the event of a return or repair in accordance with these Terms, the product will be repaired or replaced by BikeFinder and according to our designated return process. All costs, including shipment costs, are covered by BikeFinder if the process is followed correctly and the Product actually had a defect. To initiate such a process, you must contact BikeFinder customer support at email@example.com for further instructions.
THE RIGHT OF WITHDRAWAL (FOR EUROPEAN ECONOMIC AREA CONSUMERS ONLY)
If you are a consumer within the European Economic Area (EEA), you may return any ordered product by notice to BikeFinder within 14 days after you became in physical possession of the product. You are not required to state any reason for the return.
The product must be shipped back to BikeFinder (in Norway) within 14 days after the notice has been given. The purchase price and amounts paid to BikeFinder will be reimbursed by BikeFinder. However, the customer are responsible for covering the return shipment costs to BikeFinder.
To exercise the right to withdrawal under this provision, you may use the standard form for withdrawal attached to these Terms. If not using the form, please indicate the transaction number, contact information (name and address) and reason for withdrawal (optional). All communications are sent electronically to firstname.lastname@example.org.
If not using the right to withdrawal, you may only return products that are defected or non-conforming in accordance with section 4 of these Terms.
LIMITATION OF LIABILITY
This Section 6 does not apply if the buyer is a consumer under EEA legislation.
BIKEFINDER SHALL IN NO EVENT BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, LOSS OF REPUTATION, LOSS OF GOODWILL, INDIRECT, INCIDENTIAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SALE OF ANY PRODUCTS OR SERVICES BY BIKEFINDER OR THE USE THEREOF WHETHER OR NOT SUCH DAMAGES ARE BASED ON TORT, WARRANTY, CONTRACT OR OTHER LEGAL THEORY, EVEN IF BIKEFINDER HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITIES OF SUCH DAMAGES. BIKEFINDER’S AGGREGATE AND CUMULATIVE LIABILITY TOWARDS YOU SHALL NOT EXCEED THE AMOUNT RELATED TO THE PAYMENT OF THE PRE-ORDER.
YOUR CLAIM FOR DAMAGES MUST BE NOTIFIED TO BIKEFINDER WITHIN NINETY (90) DAYS OF THE DATE OF THE EVENT GIVING RISE TO ANY SUCH CLAIM, AND ANY LAWSUIT RELATIVE TO ANY SUCH CLAIM MUST BE FILED WITHION ONE (1) YEAR OF THE DATE OF THE CLAIM.
If either BikeFinder or you are prevented from performing any of the obligations under these Terms due to an exceptional event beyond BikeFinder’s or your control, which could not reasonably have been foreseen before accepting these Terms, the non-performing party shall give immediate notice to the other party that a force majeure event has occurred. The non-performing party is not liable for any lack of performance caused by a force majeure event.
Force majeure events includes but is not limited to war, strike, terrorism and natural disasters such as earthquakes, drought and floods.
INTELLECTUAL PROPERTY RIGHTS
BikeFinder has an exclusive and worldwide right to all intellectual property rights related to the Products and documents included in the pre-order, whether patentable or not and whether registered or not. This includes but is not limited to the construction, methods, concepts, design, source code, software logs, interface design, user manual, spare parts and trademarks.
You have a non-exclusive, revocable and limited license to use the products and accompanying software. The software is for you own personal use. You may not copy, modify, upload, distribute, transfer, sublicense, lease, lend or rent the software to any third party. The user terms may vary from time to time.
If any part of these Terms is found to be invalid due to mandatory statutory law or a final legal judgment, it shall only affect those parts found to be invalid. The remaining parts of the Terms remains valid and enforceable.
GOVERNING LAW AND LEGAL VENUE
The Terms and the pre-order are governed by the laws of Norway. Any dispute that is not solved amicably shall be resolved by judicial mediation. If judicial mediation fails, you agree to Oslo District Court as legal venue.
ALTERNATIVE DISPUTE RESOLUTION (FOR EUROPEAN ECONOMIC AREA CONSUMERS ONLY)
If you are a consumer within the European Economic Area (EEA), you may in lieu of law suit file a complaint to an alternative dispute resolution mechanism in your own country through the European Union Online Dispute Resolution portal.
The Product helps the customer keep track of and/or find any stolen bikes. If your bike is stolen or missing, BikeFinder STRONGLY advise you against taking any action yourself.
Local jurisdiction is likely to ban, or at the very least impose sever limitations on your legal ability, rights and protection, to unilaterally undertake any action aiming at repossession. BikeFinder STRONGLY advise you to contact the relevant local authorities, such as the police, for assistance and legal repossession of the bike.
BikeFinder is not responsible or liable for any action or non-action related any actions undertaken by you without the aid of public authorities.