TERMS & WARRANTY
VELLO ™ BIKE warranty
The VELLO™ BIKE warranty on the frame and fork to the customer by Vello GmbH ("VELLO") is for 2 years from the time of purchase. This warranty shall apply in addition to statutory warranty according to the General Terms and Conditions.
The VELLO™ BIKE warranty expressly excludes normal deterioration, wear parts, normal wear and tear, damage to paintwork, incorrect assembly or consequential damage due to incorrect or instruction contradicting maintenance and/or repair as well as incorrect installation of wheel parts or accessories. In addition, the warranty shall not apply to damage caused by any external influences, such as accidents, improper use, neglect or alteration of the frame or other parts. VELLO™ BIKE shall not be liable for indirect damage, consequential damage or lost profit.
In order to assert a claim under the warranty, the customer shall inform VELLO GmbH, Reinprechtsdorfer Str. 58-60, 1060 Vienna, Austria, telephone number tel +43 660 6683 556, e-mail address within the guarantee period in writing, together with the invoice and appropriate documentation to state the guarantee case.
If a warranty claim is asserted in good time, VELLO shall be obliged to remedy the defect, in particular also to provide for a replacement (exchange) or, at VELLO's option, to pay an amount freely determined by VELLO. The warranty claim may only be asserted against VELLO at the registered seat of VELLO, in particular, there is no claim for reimbursement of costs in case of replacement by third parties as well as reimbursement of any transport and paint costs. The warranty is not transferable.
In all other respects, the General Terms and Conditions of VELLO GmbH shall apply.
TERMS AND CONDITIONS (GTC)
As of: January 2020
Any goods delivered by VELLO GmbH may not conform to the legal requirements in the country of use due to deviating legal requirements in such country. The lawful use and lawful equipping of the goods (in particular bicycles) is the sole responsibility of the customer; VELLO GmbH does not assume any liability in this respect.
1. Scope of Application
These General Terms and Conditions (“GTC”) apply to all deliveries effected and services rendered by VELLO GmbH (“VELLO”) on the basis of orders placed in the internet shop of VELLO. Supplementary or deviating terms and conditions of the customer shall require the explicit written and duly signed acknowledgement of VELLO in order to be valid.
2. Conclusion of Contract
2.1 All offers of VELLO shall be non-binding and are to be understood as an invitation to the customer to submit an offer himself (henceforth referred to as an “order”). VELLO shall be entitled to accept also parts of such orders.
2.2 Placing of an order will only be possible if all obligatory fields of the online order form (marked with an asterisk) have been correctly completed. Prior to sending the order the customer will receive a summary of the order including prices. The summary can still be corrected by the customer. Receipt of the order by VELLO will be acknowledged by an automatically generated e-mail to the e-mail address named by the customer, which shall, however, not constitute an acceptance of the order. Orders will only be received by VELLO during normal business hours (Monday to Friday from 9 a.m. to 4 p.m. excluding Austrian public holidays). If orders are received outside business hours, they shall be deemed received at the beginning of the business hours of the next working day. The customer shall be obliged to ensure proper acceptance of the goods ordered.
2.3. The contract regarding the customer’s order shall be concluded upon express acceptance of the order by VELLO, i.e. by sending an order acknowledgement via e-mail to the e-mail address named by the customer. The order acknowledgement will contain an order number, which the customer shall state when further corresponding with VELLO.
The content of the contract, customer service and processing of complaints is offered in German and English language.
4. Consumer Information concerning the Exercise of the Right of Withdrawal
4.1 Right of withdrawal
A customer who is a consumer within the meaning of the Austrian Consumer Protection Act (“KSchG”) (hereinafter also referred to as the “Consumer Customer”) has the right to cancel a contract concluded in the online shop within 14 days without giving reasons.
The period in which this right of cancellation can be exercised is fourteen days from the date on which the Consumer Customer or a third party nominated by the same who is not the carrier takes possession of the goods. If a Consumer Customer has ordered two or more items in the context of a single order and the items are delivered separately, the period in which this right of cancellation can be exercised is fourteen days from the date on which the Consumer Customer or a third party nominated by the same who is not the carrier takes possession of the goods.
To exercise his/her right of cancellation, the Consumer Customer must inform VELLO GmbH, Reinprechtsdofer Str. 58-60, 1060 Vienna, Austria, tel +43 660 6683 556, e-mail address email@example.com, by means of an unmistakable declaration (e.g. a letter sent by post or e-mail) of his/her decision to cancel a contract concluded in the online shop. The sample cancellation form can be used for this purpose, but the use thereof is not mandatory. If a Consumer Customer chooses to use this option, VELLO GmbH will without undue delay send him/her confirmation via a permanent data carrier (e.g. by email) to the effect that it has received the notice of cancellation. If the Consumer Customer does not receive an answer within two days, VELLO GmbH would kindly ask him/her to send an e-mail or to call it on the phone number +43 660 66 83 556.
In order to comply with the cooling-off period, it is sufficient for the Consumer Customer to send notification that he/she is exercising his/her right of cancellation before the cooling-off period has expired. The right of cancellation does not apply to goods that are manufactured, assembled, adapted or produced according to Consumer Customer specifications.
4.2 Consequences of cancellation
If a Consumer Customer cancels a contract concluded in the online shop, VELLO GmbH will refund all payments received from the Consumer Customer, including any shipment costs (with the exception of additional costs incurred if the Consumer Customer should choose a method of shipping different from the most cost-efficient standard shipping option offered by VELLO GmbH), without undue delay and at the latest within fourteen days from the date on which the notice of cancellation of the contract by the Consumer Customer is received by VELLO GmbH. The repayment will, unless otherwise explicitly agreed with the Consumer Customer, be made by VELLO GmbH using the same payment method as was used for the original transaction; under no circumstances will the Consumer Customer be charged a fee for this repayment. VELLO GmbH may withhold the refund until either the items have been returned to it or the Consumer Customer has provided evidence that he/she has sent back the items, depending on which date is earlier.
The Consumer Customer must return or hand over the items to VELLO GmbH, at Reinprechtsdorfer Str. 58-60, 1050 Vienna, Austria, without undue delay and in all cases within 14 days of the date on which he/she informs VELLO GmbH of his/her cancellation of the contract. The deadline will be deemed to have been observed if the items are despatched before the fourteen-day deadline has expired. The Consumer Customer is obliged to appropriately pack and protect the respective items against any damage and/or deterioration in transit.
The Consumer Customer will be required to bear the direct costs of returning the items.
The Consumer Customer will be required to pay compensation to VELLO GmbH for any potential reduction in value of the items if this reduction in value is due to unnecessary handling on the part of the former for the purpose of testing the quality, characteristics and functions of the items. The Consumer Customer can test the product in the same way as if tested in a physical store, but the Consumer Customer ist not entitled to put it into real use. If the product has been tested in excess of what is described above, VELLO GmbH considers it a used product, which means that if withdrawing from the purchase, the Consumer Customer can only get part of, or none of, the price reimbursed, depending on the commercial value of the product.
5.1 The Price of the product(s) are stated on the website (errors excepted). All prices are gross prices including Austrian VAT (where applicable). All prices are in Euro unless expressly stated otherwise. Insofar as prices are stated in other currencies than Euro, such statement of price is based on the Euro conversion rate of such price at the date that the price statement was made.
5.2 Any costs of packing and dispatch, import and export duties and taxes and any other surcharges, levies or taxes imposed or charged in respect of the goods and the transportation thereof as well as services shall be borne by the customer.
6. Terms of Payment
6.1 The customer shall pay the purchase price plus additional costs exclusively by debit card, PayPal or with one of the following credit cards: Mastercard, Visa card. The named credit card will be debited prior to dispatching the order to the delivery address named by the customer. When transmitting the completed online order form, VELLO uses the encryption mechanism SSL (Secure Socket Layer) for encrypting the customer data and credit card data. The SSL system can be identified by the fact that the site address (URL) starts with ""https"" instead of ""http"" and that a closed lock or key symbol appears in the status bar at the bottom of the screen. For using SSL the customer needs no specific software; common web browsers in all recent versions should support the SSL protocol.
6.2. The goods ordered will only be shipped to the address named by the customer if the purchase price plus additional costs can be debited to the credit card named by the customer or has otherwise been effected.
7.1 Shipping via forwarder shall be at the risk and cost of the customer to the delivery address named by the customer in the order. If the address information provided by the customer is incorrect, incomplete or unclear, any costs resulting there from shall be borne by the customer.
7.2. Delivery dates shall be non-binding. If VELLO – for example due to non-availability of the goods – should be unable to accept an order, VELLO shall immediately inform the customer respectively. Any and all unforeseeable circumstances or circumstances independent from the parties' intent, such as e.g. all cases of force majeure and similar events as well as delays in deliveries from sub-suppliers for whatsoever reasons, shall extend the delivery period for the duration of such impediment.
7.3 VELLO shall at all times be entitled to make partial deliveries.
8. Retention of Title
8.1 Irrespective of the actual delivery date, the title to the goods shall not transfer to the customer until VELLO was paid in full, including the purchase price, any surcharges, interest, taxes and costs payable pursuant to these terms and conditions and any contract and any services rendered or to be rendered in respect of the goods.
8.2 The customer is not authorized to rent, let or otherwise make the goods available to third parties, to pledge them or to otherwise encumber them in favor of third parties until the title to the goods has effectively transferred to the customer. As long as title to the goods has not transferred to the customer, the customer shall inform VELLO in writing in the event that the goods are seized, attached, garnished or if any other claim should be made with regard to the goods. In the event of attachment, seizure, garnishment, bankruptcy or liquidation, the customer shall further immediately inform the administrator or liquidator, the bailiff or the process-server serving the seizure, garnishment or attachment, of VELLO’s rights of title.
9. Notice of Defects
9.1 Defects shall be notified to VELLO upon delivery or when they become visible, although no detrimental legal consequences will occur for a customer who is a consumer as defined by the KSchG if he fails to do so. If a customer is an entrepreneur as defined by the KSchG, he shall notify defects that can be identified in the course of a proper inspection of the goods upon delivery in writing with detailed information on the defect within 14 days after receipt of the goods; otherwise the goods shall be deemed accepted.
9.2 The customer is obliged to immediately cease the use of goods after discovering any irregularity or defect, otherwise all rights with regard to such irregularity or defect shall automatically cease to exist.
10. Warranty, Damages
10.1 VELLO is only liable for features and characteristics of the goods which have been expressly agreed upon between the parties in writing. Deviations in size, weight or other properties of the goods may slightly vary due to production requirements; they do not constitute defects and do not entitle to warranty claims. Pictures on the website are for illustration purposes only.
10.2 If a notification of a defect is justified, VELLO shall be entitled to remedy the defect in particular by substitute delivery (replacement). If the remedying of defects fails or if VELLO is unable to effect a substitute delivery, the customer shall be entitled to demand a reduction in price or, if the defect is not just a minor one, cancellation of contract. Vis-à-vis customers who are consumers as defined by the KSchG, the statutory provisions on warranty shall apply.
10.3 VELLO shall only be liable for damages caused by wilful intent or gross negligence, except in case of personal injury. Compensation for consequential damages and compensation for mere financial losses shall be excluded vis-à-vis entrepreneurs as defined by the KSchG. The person harmed shall have to prove slight or gross negligence unless the transaction was concluded with a consumer as defined by the KSchG. VELLO’s liability is limited to the order volume which the respective customer has already paid subject to a maximum of EUR 10,000.
11. Use of the Website, Data Protection, IP Rights
11.2 The staff of VELLO is subject to the secrecy obligations of the Austrian Data Protection Act.
11.3 VELLO owns all intellectual property rights to pictures, films and texts on valentinvodev.com and vello.bike. Any use of such pictures, films and texts requires the prior written consent of VELLO.
12. Applicable Law, Competent Court
12.1 The legal relationship with the customer shall exclusively be governed by Austrian substantive law with the exclusion of UN Sales Law.
12.2 Disputes arising out of the contract concluded with the customer or the General Terms and Conditions underlying the contract shall, depending on the jurisdiction over the subject-matter, be exclusively settled by the District Court of the Inner City of Vienna or the Provincial Court for Civil Law Matters of Vienna. If the customer is a consumer as defined by the KSchG, the court in whose district the customer's domicile, habitual residence or place of employment is situated shall have jurisdiction. The place of performance shall be VELLO’s registered office at 1060 Vienna.
13.1 If provisions of these GTC should be ineffective in whole or in part due to compulsory statutory provisions, the remaining provisions of these GTC shall continue to be effective without change. The parties undertake to agree without delay on a new effective provision which shall come as close as possible to the economic purpose of the ineffective provision.
13.2 The customer shall not be entitled to remove or make invisible any trademarks or identifying marks on the goods, any documents accompanying and/or regarding the goods.
13.3 The customer shall be obliged to inform VELLO about any changes of his name, address and/or domicile in writing without delay; otherwise he shall be obliged to reimburse damages. If he fails to notify such changes, any written communication to the customer's address most recently named shall be deemed to fulfil the requirements of an effective service. Any transfer of rights under the contract concluded with VELLO to third parties shall require the written consent of VELLO. VELLO is entitled to transfer to third parties any rights and obligations vis-à-vis the customer.