TAITO General Terms & Conditions
We are Taito Mobility, a private limited company, incorporated, organized and existing under the laws of Belgium, having its registered office at Willem Wenemaerstraat 21, 9000 Ghent, Belgium, registered with the Crossroads Bank for Enterprises under enterprise number 0756.559.616 (LER Ghent) (hereinafter referred to as “TAITO”). These Taito general General Terms and Conditions ("General Terms and Conditions") apply to all actions and legal transactions of TAITO and Customers. The applicability of terms and conditions used by the Customer is explicitly rejected by TAITO.
1.DEFINITIONS
The following definitions (and additional definitions provided below) will apply:
Agreement: any agreement entered into in writing and signed between TAITO and a Customer, including these General Terms and Conditions, or any Subscription Orders, and amendments thereto;
Consumer: the customer acting as a natural person outside the purposes of his/her business to which TAITO sells and/or delivers Products and to which TAITO provides Services;
Customer, you, your: all natural or legal persons with whom TAITO enters into an Agreement or with whom TAITO negotiates the conclusion of an Agreement;
Mechanic: a certified TAITO step mechanic who works at physical shop locations;
Order: any order placed by a Customer with TAITO, in any form;
Privacy Policy: the statement which can be consulted by the Customer and the Consumer on the TAITO website with respect to the processing of personal data, which can be amended from time to time and which is incorporated herein by reference and can be found at https://www.taito.be/policies/privacy/;
Products: all goods that are subject to an Agreement;
Services: all services TAITO provides to the Customer, which are directly linked to the Order of a TAITO Product by a Customer;
TAITO shop: a physical sales and/or repair location of TAITO; the current addresses can be found on the TAITO website: https://taito.eu/
TAITO: the private limited company TAITO BV under Belgian law, with its registered office in Gent, Belgium;
Tracking: the process whereby TAITO personnel who specialize in tracking down stolen TAITO steps search for TAITO Products that have been stolen.
2. PRICE QUOTATIONS, AGREEMENTS, PRODUCT DESCRIPTIONS, INTEGRATED SERVICES
2.1. An offer or quotation is not binding for TAITO and only serves as an invitation to the Customer to place an Order.
2.2. An Agreement becomes effective if TAITO accepts an Order from a Customer in writing or if TAITO executes an Order in writing. If, at the request of the Customer, TAITO performs work for the Customer before an Agreement comes into force, the Customer shall compensate TAITO for this at the applicable TAITO rates.
2.3. Following acceptance of an Order, TAITO has, at all times, the right to cancel such Order without liability prior to delivery, without having to state the reason after acceptance of the Order. In such case, TAITO will only be obliged to refund any advance payments already made by the Customer.
2.4. TAITO will inform the Customer about the data, weights, characteristics and other information applicable to the Products, but cannot guarantee that these are free of deviations.
2.5. Specifications or samples shown or made available are only indications of the Products in question. If the Customer can prove that the Products delivered by TAITO deviate significantly from the information provided by TAITO or from the samples, the Customer will be entitled to terminate the Agreement within a reasonable period of time after delivery of the Product, however, as far as such termination is reasonably necessary and without TAITO being held liable for any damage.
2.6. The integration with the network is free of charge in the first year. TAITO reserves the right to suspend or terminate this integration at any time and without prior notice. This termination is not a reason to withdraw, cancel or otherwise terminate the Agreement(s) with TAITO. TAITO's privacy policy applies to the use of the network: https://www.taito.be/policies/privacy/. TAITO makes no representations or warranties regarding the availability, reliability or accuracy of the network, and you agree that TAITO shall not be liable for any problems with the network or its reliability or operation.
3. FEES
3.1. All TAITO prices are in EUR, unless explicitly stated otherwise. To the extent that prices are displayed in currencies other than EUR, such price display shall be deemed to be based on a EUR equivalent of such price on the date the price display is made. Prices do not include value added tax or any other sales tax. Packing charges on shipment, import and export duties and taxes and any other surcharges, levies or taxes imposed or levied on the Products and their transportation shall be borne by the Customer.
3.2. Changes in factors prior to delivery that affect TAITO's prices, including but not limited to third party rates, exchange rates, insurance rates, import and export duties and other charges that may apply to import or export, freight charges and other surcharges, levies or taxes, may be charged by TAITO to the Customer.
3.3. Service Fees. You agree to the fees and charges, terms of sale, and payment and billing policies that apply to Your use of Services as set forth in these General Terms and Conditions and the applicable account registration for those Services. TAITO may at any time and in its sole discretion add new Services for additional fees and charges, or change fees and charges for existing Services. All fees and charges for Your use of the Service are non-refundable, except as expressly stated in the General Terms and Conditions. If at any time the fees for an existing Service are increased, You are of course free to discontinue Your use of the Service by sending notice to the email info@taito.be. Your continued use of the Service shall be deemed as Your agreement to the new terms.
4. DELIVERY TERM
4.1. Delivery dates indicated by TAITO are based on the circumstances applicable to TAITO at the time the Agreement was entered into and, as far as these depend on the performance of third parties, on the information these third parties have provided to TAITO. All delivery dates are estimates only.
4.2. Unless otherwise stipulated in these General Terms and Conditions, the delivery period will commence on the date of the written Order confirmation by TAITO. However, if TAITO requires additional information from the Customer in order to execute the Order, the delivery period will commence on the date on which TAITO has all the necessary information and resources at its disposal, but no earlier than the date of the written Order confirmation.
4.3. The Customer will not be entitled to claim any compensation if the delivery period is exceeded. The Customer also does not have the right to terminate the Agreement in that case, unless the Customer is considered a Consumer. Consumers have the right to terminate the Agreement after they have requested delivery within a reasonable period or within the statutory period and TAITO could not deliver within that reasonable or statutory period.
4.4. TAITO is always entitled to deliver in parts.
5. RETURN POLICY AND RIGHT OF WITHDRAWAL
5.1. If the Customer is a Consumer who has purchased a Product in a TAITO Shop, the Product can then be returned in its original packaging within 14 days of purchase. Please see the FAQ for the online return form, and to arrange an appointment to collect the Product.
5.2. If You meet the definition of “Consumer”, You have the right to cancel Your purchase and withdraw Your Order without giving any reason and at no additional cost.
5.3. The withdrawal period will expire after 14 (fourteen) calendar days from the day on which You or a third party nominated by You, other than the carrier, takes physical possession of the Product(s). If the Products are delivered in multiple lots, the withdrawal period will expire after 14 (fourteen) calendar days from the day You take physical possession of the last shipment/lot.
5.4. Please note: You will not have a right of withdrawal if the Products have been made to the Consumer's specifications or are clearly personalised.
5.5. You must return the Products in the original box or the box provided by TAITO according to article 8.3 of the General Terms and Conditions or hand them over to TAITO without undue delay and in any case no later than 14 (fourteen) calendar days after the day on which You notified us of Your withdrawal from this contract. You comply with the deadline if You return the Products before the period of 14 (fourteen) calendar days has expired.
5.6. You will only be liable for any diminished value of the goods resulting from handling other than that required to establish the nature, characteristics and functioning of the Products. Adjustment of the handlebars usually cause minor scratches. As far as these actions are not necessary to determine the nature, characteristics and functioning of the Product, You are liable towards TAITO for any diminished value caused by these actions.
5.7. If you cancel your purchase, TAITO may refuse to refund you until TAITO has received the returned goods in time or until you have demonstrated that you have returned the Products in time, whichever event occurs first.
5.8. TAITO will refund the purchase price of the Products, including the shipping costs related to the delivery of the Products no later than 14 (fourteen) calendar days after the day we received your returned Products.
5.9. TAITO will use the same payment method as You used for the initial transaction, unless You have explicitly agreed otherwise and provided that such refund does not incur any costs for You. TAITO will however not reimburse any additional costs if You have explicitly opted for a type of delivery other than the cheapest type of standard delivery offered by TAITO.
5.10. You must treat both the Order and its packaging with the utmost care during the first 14 (fourteen) calendar days. As a Consumer, You will only be liable for any diminished value of the goods resulting from handling other than that required to establish the nature, characteristics and functioning of the Products. To ascertain the nature, characteristics and functioning of the Products, You must handle and inspect the Product in the same manner as You would be allowed to do in a shop.
5.11. To exercise Your right of withdrawal, You can complete the form on the contact page on TAITO's website or make a similar unequivocal declaration and send it to the e-mail address indicated in article 3.3 above. We will send You a confirmation of Your withdrawal.
6. DELIVERY AND RISK
6.1. If and as far as parties have not explicitly agreed upon the delivery or delivery costs of the Products and transfer of risk in writing, delivery will take place at TAITO's premises and the risk of the Products and their packaging will be transferred to the Customer at the moment the Products are ready for shipment. This shipment will take place at the expense and risk of the Customer. If the Customer is considered to be a Consumer, the aforementioned in article 9.1 does not apply to the moment of delivery and the transfer of risk is the moment the Consumer has taken delivery of the Products.
6.2. If the Customer does not pick up the Products he/she ordered and does not do so quickly, he/she will be in default without a written notice of default being required. In such a situation, TAITO has the right to store the Products at the expense and risk of the Customer and may sell them to a third party. The Customer will remain liable for the purchase price and additional interest and costs (for compensation) after deduction of the net proceeds of any such sale to a third party.
7. RETENTION OF TITLE
7.1. Apart from the actual delivery date, the title to the Products shall not be transferred to the Customer until he/she has paid the full outstanding amount of the Products to TAITO, including the purchase price, surcharges, interest, taxes and costs payable in accordance with the General Terms and Conditions or an Agreement and services that have been or will be provided in relation to the Products.
7.2. The Customer is not authorized to rent, lease or make the Products available for use to third parties, to pledge them or otherwise encumber them in favour of third parties until TAITO has transferred the title to those Products to the Customer.
7.3. If and as long as the title to the Products has not been transferred to the Customer, the Customer must immediately inform TAITO in writing of any Products that are attached, summoned or seized or if any other claim is made in relation to the Products.
7.4. In the event of attachment, confiscation, seizure, bankruptcy, involuntary liquidation or a (provisional) suspension of payments, the Customer must immediately notify the administrator, liquidator or bailiff handling the confiscation, seizure or attachment of TAITO's property rights.
8. INSPECTION AND COMPLAINTS
8.1. The Customer is obliged to carefully inspect the Products immediately upon arrival at destination or have them inspected upon receipt by the Customer himself or a third party acting according to his instructions, whichever is earlier. TAITO must be informed in writing via info@taito.be no later than within 5 (five) calendar days after receipt of the Products about complaints concerning defects of the Products or differences in number, weight or quality between the delivered Products and their specification in the relevant order confirmation or invoice. The notification of the Customer shall at least contain a clear and accurate description of the complaints with regard to the defects the Customer invokes, and preferably photographs of the defects. The Customer must inform TAITO in writing of any defects that could not reasonably have been discovered within the above-mentioned period, immediately after they are discovered, but in any case no later than within 14 (fourteen) calendar days after receipt of the Products. Notification of external damage can only be assumed by TAITO for the first use of the Product. If the Customer fails to notify TAITO within the aforementioned period, his/her right to claim such an irregularity or defect will lapse.
8.2. When the Product is assembled by a TAITO Mechanic after arrival at the delivery address, the Customer is obligated to carefully inspect the assembled Products before signing the delivery declaration of the Mechanic.
8.3. The Customer is obliged to cease using the Products in question upon discovery of an irregularity or defect. If this is not complied with, the right to claim such an irregularity or defect expires. The Customer will provide TAITO with all necessary cooperation to investigate the complaint.
8.4. The Customer is not entitled to return Products to TAITO before TAITO has approved such return in writing. The return shipment is free of charge in those countries where the TAITO Shops are located. The Products will remain at the risk of the Customer until received by TAITO.
8.5. Other obligations and responsibilities of the Customer:
(i) The Customer shall at all times make available in a timely manner all information required by TAITO in the performance of its activities and guarantees its accuracy and completeness.
(ii) The Customer does not have the right to remove or make invisible any trademarks or identification marks on the Products, documents accompanying and/or relating to the Products.
(iii) The Customer does not have the right to copy, modify, reverse engineer, decompile, disassemble or otherwise tamper with the Product, its components and/or the Services.
9. WARRANTY
9.1. TAITO warrants any new Product part to be free from defects in workmanship and materials for a period of two (2) years from the date of delivery. All original parts are guaranteed for a period of two (2) years from the date of delivery.
9.2. This warranty, referred to in Article 9.1, is expressly limited to the repairment/replacement of defective parts and is the only remedy available. After a warranty repair/replacement, the warranty period will not be extended, without prejudice to the legal rights applicable in Belgium. This warranty applies to the original owner and is transferable for the remaining period if the Product is sold to a new owner.
9.3. Claims under this warranty must be made directly to the point of purchase in your country, accompanied by proof of purchase. Box replacement is not covered by the warranty. If You need a replacement box, We will send You one for an additional charge.
9.4. This warranty does not cover normal wear and tear, improper assembly, or improper follow-up maintenance, including damage due to improper replacement of parts, wear and tear of consumables such as tyres, or improper installation of parts or accessories. This warranty does not cover damage or malfunctions resulting from accidents, misuse, abuse, negligence, failure to download and install updates for the apps on Your mobile device, or failure to follow instructions. This warranty is void in case of unauthorised modifications to the frame or components. This warranty does not apply if the Product, its parts and/or the Services have been copied, modified, reverse-engineered, decompiled, disassembled or if they have been tampered with in any other way. TAITO is not responsible for incidental or consequential damages. This warranty does not affect the legal rights of the Consumer.
9.5. The Product's built-in battery, replacement batteries and battery accessories are tested and should make more than 400 charging cycles before the capacity drops to less than 70% of its original total capacity during the warranty period as described in article 9.1 of these General Terms and Conditions.
10. FORCE MAJEURE
10.1. If TAITO cannot fulfil its obligations towards the Customer due to force majeure, these obligations will be suspended during this situation of force majeure.
10.2. However, if a situation of force majeure lasts longer than one (1) calendar month, both parties have the right to terminate the Agreement in writing, completely or partially. In case of force majeure on the part of TAITO, the Customer has no right to compensation or damages, not even if TAITO can gain an advantage through such force majeure.
10.3. Events of force majeure are all circumstances beyond TAITO's control, which prevent TAITO from fully or partially fulfilling its obligations towards the Customer or as a result of which it cannot reasonably be expected of TAITO to fulfil its obligations, regardless of whether such a circumstance could have been foreseen at the time the Agreement was concluded. Such circumstances include but are not limited to fire, terrorist attacks, strikes and lockouts, outbreak and/or spread of viruses and/or diseases, stagnation or other production problems experienced by TAITO or its suppliers, or problems in the transport provided by TAITO or third parties, government measures, and also the inability to obtain an approval or license from a government body.
10.4. Parties shall inform each other as soon as possible about a (possible) situation of force majeure.
11. WARRANTY CLAIMS ON PRODUCTS
11.1. TAITO only gives warranties on the functions and quality of its Products that have been expressly agreed upon in writing. All other specific or implied guarantees, to the extent permitted under applicable mandatory legislation, are hereby expressly excluded.
11.2. In case TAITO delivers Products to the Customer which TAITO has obtained from its own suppliers, TAITO can, at no time, be obliged by the Customer to fulfill a warranty or be held liable which is more far-reaching than TAITO can claim from its own supplier.
11.3. With respect to claims based on the warranty pursuant to article 9, if, according to TAITO, the Customer could prove that Products delivered by TAITO to the Customer do not function correctly, TAITO, at its own discretion, will have the choice to
(i) resupply a Product of the same model, comparable age, mileage and condition, upon receipt of the returned Product;
(ii) modify the Products appropriately;
(iii) give the Customer, after mutual agreement, a discount on the purchase price.
(iv) By complying with one of the options described above, TAITO is fully released from its warranty obligations, and will not be liable for any further payment of compensation or damages.
11.4. The Customer bears the entire risk of the Products, even if TAITO performs repairs on the Products.
12. LIABILITY
12.1. The liability of TAITO is at all times limited to the insured amount that must be paid in such a case according to the liability insurance policies taken out by TAITO. These insurance policies have limited coverage, among other things with respect to the amount of the damage and the number of insured events per year. Upon request, inspection of the coverage confirmation can be obtained. Should, regardless of the reasons, no payment be made on the basis of the aforementioned insurance policies, TAITO's liability will be limited to the compensation invoiced by TAITO and paid by the Customer in connection with the delivery in question during a period of 12 (twelve) months directly preceding the date on which the event leading to the liability took place, up to a maximum liability of € 10,000 (ten thousand euros).
12.2. If TAITO involves third parties, TAITO will not accept any liability for non-compliance on behalf of such third party, with the exception of non-compliance with the part of TAITO itself, to which article 12.1 applies.
12.3. All rights for legal claims and other powers of the Customer against TAITO in connection with the Products delivered by TAITO shall expire after a period of one (1) year after the date on which the Customer became aware, or reasonably could have become aware, of the existence of such rights and powers.
13. TERMINATION
13.1. If the Customer does not properly or timely fulfil his/her obligations arising from the Agreement, the Customer will be in default and TAITO will be entitled, without prior notice:
13.1.1. Suspend the fulfilment of the Agreement until payment is properly secured; and/or
13.1.2. To fully or partially terminate the Agreement with the Customer;
13.1.3. All this without prejudice to other rights of TAITO under any Agreement and without TAITO being liable for damages.
13.2. If TAITO wishes to invoke its right of termination as mentioned in article 13.1, TAITO is authorized to compensate any amount that may be refunded to the Customer with compensation for both activities that have already been carried out and compensation for loss of profit.
13.3. In the event of bankruptcy, (provisional) suspension of payments, liquidation or seizure of one or more of the Customer's assets, or if the Customer is aware that one of these situations may occur, the Customer must inform TAITO thereof as soon as possible.
13.4. In the event of a situation referred to in article 13.3, all Agreements with the Customer will be terminated immediately by means of a notification from TAITO or TAITO will inform the Customer about its wish to comply with (part of) the Agreement in question. In this case, TAITO will be entitled without any notice of default:
13.4.3. All this without prejudice to other rights of TAITO that are part of an Agreement and without TAITO being held liable for damages.
13.5. In the event of a situation referred to in article 13.3, all claims of TAITO on the Customer shall be immediately due and payable in full.
14. MAINTENANCE AND UPDATES
14.1. In order to maintain and improve the security and functionality of our Services and our Product, it may be necessary from time to time to update or modify our Products and/or Services, e.g., through software updates. As a result, functionalities may change. The updates or changes may occur for example in the following ways:
14.1.1. they are downloaded and installed by the Customer on his/her mobile device, or the mobile device may provide the updates automatically.
14.1.2. updates may be installed by TAITO or its specialists when Products are assembled, delivered for repairs and/or checks;
14.1.3. major updates will be uploaded and installed directly to the Products by TAITO.
14.2. TAITO may need to temporarily suspend its Services, for example due to security issues that need to be investigated and/or due to system maintenance and upgrades.
14.3. TAITO may suspend or discontinue the support of Your mobile device or the operating software of the Products, for example, because the software of the mobile device is no longer current. Services may no longer be available without prior notice to You.
14.4. TAITO does not accept liability for the situations described in articles 14.1, 14.2, or 14.3, or any combination thereof, unless required by law in Belgium.
14.5. In case you do not download and install the updates described in article 14.1, and/or obstruct that one or more of these updates or changes become effective, your limited warranty will expire.
15. TRANSFER OF RIGHTS AND OBLIGATIONS
15.1. TAITO has the right to transfer the rights and obligations to third parties as described in an Agreement with the Customer. If rights or obligations of TAITO are transferred, TAITO must inform the Customer about this in advance and the Customer is entitled to terminate the Agreement on the date that the transfer will take place. In such a case, TAITO will not be liable for any damages. Except as stipulated in the Agreement and these General Terms and Conditions, the Customer may not transfer any rights or obligations from Agreements to third parties, unless TAITO has given its prior written consent. Any attempt of the Customer of transferring rights and obligations which is in violation of this article, is void. The Agreement is binding for any permitted successor or beneficiary.
16. PRIVACY
16.1. We take your privacy seriously. In performing this Agreement, we process and protect Your personal data in accordance with our Privacy Policy. See https://taito.eu/pages/privacy-policy
17. APPLICABLE LAW AND JURISDICTION
17.1. The present General Terms and Conditions and all other Agreements are governed by Belgian law. The applicability of the Vienna Sales Convention is excluded. For the benefit of consumers, more favourable mandatory provisions under Belgian law shall remain unaffected.
17.2. All disputes arising from the Agreement or these General Terms and Conditions will be submitted exclusively to the competent court in Ghent (Belgium).
18.ENFORCEABILITY
18.1. If any term or provision of the Agreement, including these General Terms and Conditions, is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement in any other jurisdiction or render such term or provision invalid or unenforceable in any other jurisdiction.
19. AMENDMENT OF THE GENERAL GENERAL TERMS AND CONDITIONS
TAITO reserves the right to modify or amend these General Terms and Conditions at any time. You may terminate these General Terms and Conditions if you do not wish to be bound by any such amendments. By continuing Your use of our website or the Products/Services, you will be deemed to have accepted the new set of terms.