Allgemeine Geschäftsbedingungen

1. Identity of the Seller

Company name: Ghold bv
Office address: Hoogstraat 37, 8560 Wevelgem, Belgium
Company number: 0771594418
Email: lightmeup@swivvle-official.com
Telephone number: 0032 479 57 11 24

2. Application

These general terms and conditions apply to every order placed by a consumer via the webshop of Ghold bv for the brand Swivvle®. By placing an order, the consumer accepts these terms and conditions.
When selling to consumers in other EU member states, Ghold bv guarantees that these general terms and conditions comply with the applicable laws and regulations regarding consumer protection of the relevant member state. For specific details regarding the guarantee, the right of withdrawal and other consumer rights, we refer to the relevant national legislation.

3. Offer, price and order

The offer on the webshop is without obligation. Obvious mistakes or errors in the offer do not bind Ghold bv. Ghold bv is only bound to a means obligation with regard to the correctness and completeness of the information provided. Ghold bv is in no way liable in the event of obvious material errors, typographical errors or printing errors. The offer is always valid as long as stocks last and can be adjusted or withdrawn by Ghold bv at any time. Ghold bv cannot be held liable for the unavailability of a product. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.

All stated prices are expressed in EURO, always including VAT and all other taxes or duties that the consumer is obliged to pay. Any delivery costs are stated separately.

The price quoted refers exclusively to the articles as described verbatim. The accompanying photos are intended for decorative purposes and may contain elements that are not included in the price.

An agreement is only concluded after confirmation of the order by Ghold bv.

4. Payment

Payment is made via the payment methods offered on the webshop. Full payment must be made upon ordering. The order will only be sent for delivery once full payment has been received.

5. Delivery

Delivery will be made to the address specified by the consumer

Ghold bv strives to deliver the order within the specified period. If delivery is delayed or cannot be carried out, the consumer will be informed of this as soon as possible.

6. Right of withdrawal

The consumer has the right to revoke the agreement within 14 days after receiving the product without giving reasons.
In order to exercise the right of withdrawal, the consumer must inform Ghold bv by means of an unambiguous statement (e.g. in writing by post or e-mail).
The consumer must return the product unused, undamaged and in the original packaging within 14 days after notification of withdrawal.
The direct costs for returning the product are for the account of the consumer.
In the event of correct withdrawal, all payments, excluding return costs, will be refunded within 14 days after receipt of the return.
Exceptions to the right of withdrawal:
The right of withdrawal does not apply to products that are made according to the consumer's specifications, spoil quickly, or cannot be taken back for hygienic reasons if the seal has been broken.

7. Complaints and warranty

Complaints about visible defects or non-conforming delivery must be reported in writing by post or e-mail to lightmeup@swivvle-official.com within a reasonable period (14 days) after receipt.

If the product shows defects within the warranty period, the consumer is entitled to free repair or replacement. If this is not possible, an appropriate price reduction or refund will follow.

Possible defects of a bicycle helmet within the warranty period are usually defects that are demonstrably the result of material or production errors and not of normal wear and tear, an accident or incorrect use. Examples of such defects are:

• Cracks or breaks in the helmet that are not caused by a fall or accident, but by a construction error or material defect.
• Problems with the closure, the adjustment system or the straps, such as spontaneous release or breakage without any apparent external cause.
• Loose or poorly glued parts, such as the outer shell or the foam, that are not due to incorrect use or ageing.
• Production errors such as incorrectly fitted parts or manufacturing errors that affect the functioning of the helmet.

Defects that are not covered by the warranty include damage caused by a fall, normal wear and tear, misuse, insufficient maintenance, or modifications by unauthorized persons.
The statutory 2-year warranty applies to all products sold to consumers.

8. Liability

Ghold bv is liable for direct damage resulting from a failure to comply with the agreement, up to a maximum of the amount of the order. Ghold bv is not liable for indirect damage, unless in the case of intent or gross negligence.

9. Privacy

Ghold bv processes personal data in accordance with the GDPR and the privacy statement, which is available on the website.
The consumer has the right to inspect, correct and delete his data.

10. Dispute resolution

This agreement is governed by Belgian law.
Disputes can be submitted to the competent courts.
The consumer can also use the ODR platform of the European Commission for online dispute resolution.

11. Validity, nullity and non-waiver

If a provision of these conditions is declared invalid, illegal or void, this will in no way affect the validity, legality and applicability of the other provisions.
Failure at any time by Ghold bv to enforce any of the rights listed in these conditions, or to exercise any right thereof, will never be considered a waiver of such provision and will never affect the validity of these rights.