Terms and Conditions

TERMS AND CONDITIONS

The following terms and conditions (“Terms“) apply for all orders placed for the BikeFinder bicylce tracking device (the “Product”) at our website. All use of the Product (and services) provided by BikeFinder AS (“BIkeFinder“) are subject to these Terms.

• The Product

The Product is an integrated tracking device for any kind of bicycle (“bike“), using GPS/GSM with long battery life. The Product is located and locked inside the handlebar of your bike. The unique locking system is an expansion bolt, which makes it almost impossible to remove the Product without our specially developed tool.

The purpose of the Product is to deter bike theft and help the owner of a bike to locate a lost or stolen bike.

When purchasing the Product, you will receive the tracking device, 2.5m USB-C charging cable, extra rubber for locking system , installation tool and an instruction manual.

• Payment and delivery

You pay the purchase price for the Product (incl. shipping costs) when placing the order. Our third-party payment provider Stripe accepts VISA, Mastercard and American Express payments. Your credit card will be charged immediately after the order is placed, for the full amount due.

When purchasing the Product, shipping costs to your destination will be added in the shopping cart. Shipping is only available to the countries listed in section 4 below and the shipping costs will vary based on the destination. Estimated delivery is between 1 to 30 days from the order is placed, depending on the destination.

After placing an order at our website, you will receive a confirmation e-mail which will serve as the receipt.

• Specifications

Networks: GSM and GPRS

Satellite system: GPS and GLONASS satellite system.

Battery: Rechargeable 960 mAh, up to 8 weeks battery life in standby mode. How often you have to charge the Product depends on how many position updates you demand from the tracker, which can be controlled through the BikeFinder application. Battery life can also depend on variations in temperature.

Locking system: UNique expansion bolt, 2*2 mm tamper proof screws, locking system developed with custom tool.

IP rating chart: IP56

• Shipping and connectivity

As much as we would love to deliver the Product to everyone, it wil initially only be available for shipping to the following countries: Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland and UK.

The Product is using Telenor eSim, having coverage all over EU.

• FItment and installation

The Product is 15 mm wide and is equipped with an expansion bolt, which makes it possible to fit handlebars between the measurements 15-23 mm. Every “off the shelf” handlebars on the market fit these measurements.

The Product is bendable up to maximum 45 degrees, meaning it will fit both straight and curved handlebars. The Product is 193,5 mm long, so you have to ensure that there is not anything inside the handlebar stopping the unit to be installed. It is not possible to use regular handlebar-ends that covers the Product antenna, as most handlebar-ends will disturb the GPS and GSM signal. The antenna is designed to look like a normal black handlebar-end.

Please note that the Product is only certified and designed for being inside the handlebar of a 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.

• Availability

BikeFinder will exercise reasonable skill and care in providing services related to the Product, but makes no guarantee related to its availability. The user accepts that such services from time to time may be partly or completely unavailable due to, amongst others, mobile/GPS/GSM coverage.

• Personal data

In order to make use of the Product, and administer and improve the services, BikeFinder will process certain personal data about the registered user. BikeFinder takes the security of personal data seriously, and has taken reasonable steps to protect the registered user’s privacy. For more information about our processing of personal data, please refer to the Privacy Policy available at our webiste. The Privacy Policy may vary over time.

• Registration

Use of the Product requires registration. Each registered user will be provided with a unique user ID (“BikeFinder ID“). Please see our Privacy Policy for further information regarding the BikeFinder ID.

• Conditions for use

The Product shall only be used in accordance with these Terms, any applicable user instructions, the Privacy Policy and other policies and guidelines provided by BikeFinder. BikeFinder note that EU legislation, among other relevant rules and regulations, protect information and privacy.

BikeFinder deem any use contrary to applicable law as a breach of contract and may, without notice and with immediate effect, terminate, suspend or restrict the use of the Product and services, if there is a suspected violation of these Terms, illegal or fraudulent use, or use in contrary to applicable law.

• The right of withdrawal (for EEA consumers only)

If you are a consumer within the European Economic Area (EEA), you may return the 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 is responsible for covering the return shipment costs to BikeFinder.

To exercise the right to withdrawal under this provision, you may use a standard form for withdrawal. 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 the e-mail address listed in section 18 below.

If not using the right to withdrawal, you may only return products that are defected or non-conforming in accordance with section 11 of these Terms.

• Return of defect and non-conforming Products

BikeFinder warrants that the Product conforms with the technical specifications for a period of one year after you receive the Product, or for a period prescribed by mandatory lay in your jurisdiction, whichever is longer.

You are responsible for inspecting the Product upon delivery. If the Product is defected, you shall notify BikeFinder without undue delay. When filing a complaint, please indicate the transaction number of your order found on the order confirmation received by e-mail, as well as your name, 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 Product being dropped on solid objects such as tables or floors, or damage caused by exposing the Product 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 13.

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, using the contact details in section 18, for further instructions.

• Warning

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 very least, impose severe limitations on your legal ability, rights and protection to unilaterally undertake any action aiming at repossession of the bike.

BikeFinder strongly advise you to contact the relevant local authorities, such as police, for assistance and legal repossession of the bike. BikeFinder is not responsible or liable for any action or non-action related to any actions undertaken by you due to the use of the Product.

• Intellectual property rights

BikeFinder has an exclusive and worldwide right to all intellectual property rights relared to the Product and documents included in the 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.

The registered user have a non-exclusive revocable and limited license to use the Product and accompanying software. The software is for your own personal use. You may may not copy, modify, upload, distribute, transfer, sub-license, lease, lend or rent the software to any third-party.

• Force Majeure

BikeFinder shall not be liable for any failure of the Product or delay in the services for the period that such failure or delay is beyond BikeFinder’s reasonable control, materially affects the performance of any of its obligations, and could not reasonable have been foreseen or provided against.

• Modifications of the terms

BikeFinder reserves the right to update or change these Terms. The current Terms will be available at our website at all times, and we recommend that you review the Terms regularly. Please refer to the “last updated” section below to see when these Terms were last updated.

You will receive notice of any changes that materially affect your use of the Product. Your continued use of the Product after any updates are effectuated or after receipt of notice of any changes, will constitute acceptance of those updates/changes and you will be bound by the new terms upon your continued use of the Product.

• Severity

If any parts of these Terms are 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 dispute resolution

These Terms shall be governed by and construed in accordance with the laws of Norway.

Any dispute that is not solved shall be resolved by judicial mediation. If judicial mediation fails, you agree to Oslo district court as legal venue. These Terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your country of residence.

• Contact

In case of questions relating to these Terms, or if you want to exercise your rights in accordance with these Terms, please direct a request to the e-mail address provided below.

BikeFinder AS (org. no. 915 694 608)

Address: Veritasveien 25, 4007 Stavanger

Postbox 4004, 4092 Stavanger

E-mail: [email protected]

Last updated: 01.03.2019.