Delivery

1. Identity of the Seller

Company name: Swivvle bv
Registered office address: Ambachtenlaan 8, 8560 Wevelgem, Belgium
Company registration number: 0771594418
Email: lightmeup@swivvle-official.com
Telephone number: 0032 479 57 11 24

2. Scope

These general terms and conditions apply to every order placed by a consumer through the webshop of Swivvle bv for the Swivvle® brand. By placing an order, the consumer accepts these terms and conditions.

For sales to consumers in other EU Member States, Swivvle bv guarantees that these general terms and conditions comply with the applicable consumer protection laws and regulations of the Member State concerned. For specific details regarding the statutory guarantee, the right of withdrawal and other consumer rights, please refer to the relevant national legislation.

3. Offer, price and order

The offer on the webshop is non-binding. Obvious mistakes or errors in the offer are not binding on Swivvle bv. With regard to the accuracy and completeness of the information provided, Swivvle bv is subject only to an obligation to exercise reasonable care, rather than to achieve a specific result. Swivvle bv shall in no event be liable for manifest factual, typesetting or printing errors. The offer is always subject to stock availability and may be amended or withdrawn by Swivvle bv at any time. Swivvle bv cannot be held liable for the unavailability of a product. If an offer has a limited validity period or is subject to conditions, this will be expressly stated in the offer.

All prices stated are expressed in EURO and always include VAT and all other duties or taxes that the consumer is required to pay. Any delivery charges are stated separately.

The quoted price applies exclusively to the items as expressly described. The accompanying photographs are for illustrative purposes and may contain elements that are not included in the price.

A contract is only concluded once Swivvle bv has confirmed the order.

4. Payment

Payment is made using the payment methods offered on the webshop. Full payment must be made when placing the order. The order will only be dispatched for delivery once full payment has been received.

5. Delivery

Delivery is made to the address specified by the consumer

Swivvle bv aims to deliver the order within the stated period. If delivery is delayed or cannot be carried out, the consumer will be informed as soon as possible.

6. Right of withdrawal

The consumer has the right to withdraw from the contract without giving any reason within 14 days of receiving the product.
To exercise the right of withdrawal, the consumer must inform Swivvle bv by means of an unequivocal statement (e.g. in writing by post or email).
The consumer must return the product unused, undamaged and in its original packaging within 14 days of notifying the withdrawal.
The direct costs of returning the product are borne by the consumer.
Where the right of withdrawal is duly exercised, all payments, excluding return costs, will be refunded within 14 days of receipt of the returned product.

Exceptions to the right of withdrawal:
The right of withdrawal does not apply to products made to the consumer’s specifications, products that deteriorate rapidly, or products that cannot be returned for hygiene reasons if the seal has been broken.

7. Complaints and statutory guarantee

Complaints concerning visible defects or non-conforming delivery must be reported to Swivvle bv within a reasonable period, and no later than fourteen (14) calendar days after delivery, in writing by post or by email to lightmeup@swivvle-official.com. If notification is late, the right to repair, replacement or any other form of compensation in respect of the matter will lapse.

The statutory guarantee period of two (2) years applies to all products sold to consumers. During this period, the consumer is entitled to repair or replacement of the product free of charge. If repair or replacement is impossible, disproportionate or cannot take place within a reasonable period, the consumer is entitled to an appropriate price reduction or refund.

For bicycle helmets, defects are only covered by the statutory guarantee if they demonstrably result from a material or manufacturing defect, rather than normal wear and tear, improper use, an accident or incorrect maintenance. Examples of covered defects include, without limitation:

Cracks or fractures in the helmet that are not caused by a fall or external impact, but result from a design or material defect;

Defects in the fastening system, adjustment system or straps, such as spontaneous release or breakage without an identifiable external cause;

Parts coming loose or inadequately bonded parts (such as the outer shell or impact-absorbing foam), insofar as this is not due to ageing or incorrect use;

Other demonstrable manufacturing defects, such as incorrect assembly or fitting that compromise the helmet’s safety or functionality.

The burden of proof regarding the existence of a lack of conformity within six months of delivery rests with the seller, unless proven otherwise. After this period, the consumer must demonstrate that the defect already existed at the time of delivery.

8. Liability

Swivvle bv is liable for direct damage resulting from a failure to fulfil the contract, up to a maximum of the order value. Swivvle bv is not liable for indirect damage, except in the event of intent or gross negligence.

9. Privacy

Swivvle bv processes personal data in accordance with the GDPR and the privacy statement available on the website.
The consumer has the right to access, correct and erase their data.

10. Dispute resolution

This contract is governed by Belgian law.
Disputes may be submitted to the competent courts.
The consumer may also use the European Commission’s ODR platform for online dispute resolution.

11. Validity, nullity and non-waiver

If a provision of these terms and conditions is declared invalid, unlawful or void, this shall in no way affect the validity, lawfulness and applicability of the other provisions.

Any failure by Swivvle bv at any time to enforce any of the rights listed in these terms and conditions, or to exercise any such right, shall never be regarded as a waiver of that provision and shall never affect the validity of those rights.

12. French packaging recycling obligations

The number FR466861_01BBPJ is our unique identification number (UID) under the French AGEC law for EPR – household packaging and graphic paper (issued by ADEME through CITEO). It demonstrates that we comply with French packaging recycling obligations.