Terms and Conditions of Sale

(last revised May 17, 2024) 

1. THESE TERMS

1.1            What these terms cover. These are the terms and conditions on which we supply products to you via our website.  Other terms and conditions may apply to other aspects of our relationship with you, including our website Terms of Use. 

1.2            Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you can return your order, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us. 

2.        INFORMATION ABOUT US AND HOW TO CONTACT US 

2.1            Who we are. We are LiveWire Netherlands BV, a company with a registered office at Laan van Vredenoord 33, Rijswijk, 2289DA, the Netherlands. We are registered with the Dutch Chamber of Commerce (KvK) with registration number 87779250 and our VAT number is NL 864403574B01. 

2.2            How to contact us. You can contact us by telephoning our customer service team at +31 70 701 3536, or by email at pitstop_eu@stacyc.com. 

2.3            How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order. 

2.4            "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails. 

3.        OUR CONTRACT WITH YOU 

3.1            How we will accept your order. Our acceptance of your order will take place when we email you an order confirmation with details of your order, at which point a contract will come into existence between you and us. 

3.2            If we cannot accept your order. If we are unwilling or unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, or because we have identified an error in the price or description of the product. 

3.3            Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order. 

3.4            We only deliver to the following countries: Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden. Unfortunately, we do not deliver to addresses outside these listed countries.  During the checkout process you must provide the country of delivery - please verify that we are able to deliver to your country. 

4.        OUR PRODUCTS 

4.1            Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. 

4.2            Product packaging may vary. The packaging of the product may vary from any packaging shown in images on our website. 

5.        OUR RIGHTS TO MAKE CHANGES 

5.1            Changes to the products. We may change our products: 

(a)         to reflect changes in relevant laws and regulatory requirements; 

(b)         to implement minor technical adjustments and improvements, for example to address a safety concern; 

(c)          for any other reason. 

Notwithstanding the above, our obligations to you under the agreement shall remain unaffected. 

5.2            Changes to these terms. We may make changes to these terms at any time. By submitting an order to us, you will be deemed to have accepted the version of these terms that is available on this website at the time you submit your order. 

6.        PROVIDING THE PRODUCTS 

6.1            Delivery costs. The costs of delivery will be as displayed to you on the checkout page before you complete your order.  Flat-rate delivery costs are as follows: 

Electric Balance Bikes: EUR 29 

Parts and Accessories: EUR 9,90 per order 

6.2            When we will provide the products. Once an order is confirmed, please allow up to two (2) business days for order processing prior to shipping. When the product ships to your final address, you will receive an email message with your tracking number, approximately 2-4 days prior to the product being delivered to you. 

6.3            We are not responsible for delays outside our control (force majeure). If our supply of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Please provide a telephone number during the checkout process to help us contact you in a timely manner.  Provided we take the foregoing steps to minimize the effect of any delay, we will not be liable for delays caused by the event, but if there is a risk of substantial delay (of three (3) months or more) you may contact us to cancel your order and receive a refund for any products you have paid for but not received.   

6.4            When you become responsible for the goods.  Any product that you order from us will be your responsibility from the time it is shipped by us to the delivery address you provided during checkout (please note the delivery restrictions of clause 3.4).

6.5            When you own goods. Any product that you order from us will be owned by you once we have received payment in full for that product. 

6.6            Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to: 

(a)         deal with technical problems or make minor technical changes; or 

(b)         update the product to reflect changes in relevant laws and regulatory requirements. 

6.7            Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to cancel your order for a product if we suspend it, or tell you we are going to suspend it, and we will refund any sums you have paid for any products that are not provided. 

6.8         We will not supply the products if you do not pay. We will not supply any products to you until we have received payment in full for those products. 

7.        YOUR CANCELLATION AND RETURN RIGHTS 

7.1            Your cancellation and return rights will depend on what you have bought, whether there is anything wrong with the product and when you decide to cancel or return your order: 

(a)         If the product is faulty or misdescribed you may have a legal right to return your order (or to get it repaired or replaced or to get some or all of your money back), see clause 10; 

(b)         If you want to cancel or return your order because of something we have done or have told you we are going to do, see clause 7.2; 

(c)          If you have simply changed your mind about the product, see clause 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions. 

7.2            Cancelling or returning your order because of something we have done or are going to do. If you are cancelling or returning your order for a reason set out at (a) to (e) we will refund you in full for any products which have not been provided. The reasons are: 

(a)         we have told you about an upcoming change to the product or these terms which to which you do not agree; 

(b)         we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed; 

(c)          there is a risk that supply of the products may be significantly delayed because of events outside our control; 

(d)         we have suspended supply of the products, or notify you we are going to suspend them (see clause 6);  

(e)         you have a legal right to cancel or return your order because of something we have done wrong; or 

(f) the product was damaged during shipping.  Immediately after receiving your product, please check it for external damage, as any such damage must be reported to the shipping company within twenty-four (24) hours of receipt.  The shipping company will issue a confirmation of damage report, which should be included with the product and your receipt, in its original packaging, when you return it to us.  Prior to returning a damaged product, please contact us as set forth in clause 2.2 to discuss this process. 

7.3            Exercising your right to change your mind. For most products bought online you have a legal right to change your mind within 14 days, cancel the contract and receive a refund. If your goods are split into several deliveries over different days, you have 14 days after the day you (or someone you nominate) receive the last delivery to change your mind about the goods, cancel the contract and receive a refund.  You will be responsible for any shipping costs associated with returning the product because you’ve changed your mind. 

7.4            When you don't have the right to change your mind.  You do not have a right to change your mind in respect of: 

(i)           products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; 

(ii)          products which were customised for you; 

(iii)        products with a limited shelf life or expiration; and 

(iv)        products which have been mixed with other products and no longer retain their original state as when they were delivered to you. 

8.        HOW TO CANCEL OR RETURN YOUR ORDER 

8.1            Tell us you want to cancel or return your order. To cancel or return your order, please let us know by doing one of the following:  

(a)         Phone or email. Call our customer service team at +31 70 701 3536, or email us at  pitstop_eu@stacyc.com. Please provide your name, home address, details of the order and, where available, your phone number and email address. 

(b)          By post. Print off the returns form which can be found in Schedule 1 and post it to us at the address on the form. 

8.2            Returning your order. If you wish to return your order and receive a refund, you must return the order to us. You must post it back to us by following the instructions on our Shipping and Returns clauses 7.3, you must ship the goods within 14 days of telling us you wish to cancel or return your order. 

8.3            When we will pay the costs of return. We will pay the costs of return: 

(a)         if the products are faulty or misdescribed; or 

(b)         if you are cancelling or returning your order because of any of the reasons as set out in clause 7.2. 

In all other circumstances, you must pay the costs of return. 

8.4            How we will refund you. In the event of a refund, we will refund the price you paid for the products including delivery costs (for normal delivery, not express delivery, if available), by the method you used for payment. However, we may make deductions from the price, as described below. 

8.5            Deductions from refunds if you are exercising your legal right to change your mind. If you are exercising your legal right to change your mind as described in clause 7.3: 

(a)         We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the product that has been caused by your handling it in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount. 

If you are exercising your legal right to change your mind as described in clause 7.3, you must pay all costs associated with the return. 

8.6            When your refund will be made. We will make any refunds due to you as soon as possible.  If you are exercising your legal right to change your mind as described in clause 7.3, then your refund will be made within 14 days from the day on which we receive the product from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. 

9.        OUR RIGHTS TO CANCEL YOUR ORDER 

9.1            We may cancel your order at any time by writing to you if you do not, within a reasonable time, allow us to deliver the products to you at the delivery address you provided to us (please note the delivery restrictions of clause 3.4). 

9.2            You may have to compensate us. If we cancel your order pursuant to clause 9.1, we will refund any money you have paid for products that we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your failure to allow us to fulfil our delivery obligations. 

9.3             We may withdraw a product. We may write to you to let you know that we are going to stop providing a product. We will let you know in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided. 

10.        IF THERE IS A PROBLEM WITH THE PRODUCT 

10.1         How to tell us about problems. If you have any questions or complaints about the product, please contact us (see clause 2.2). 

10.2         Return of faulty products. We strive to deliver products in conformity with our agreement and as prescribed by law. However, if a product that you receive turns out to be faulty (for example, it has a manufacturing fault), you are entitled to a full refund. Please return all products to us in accordance with the instructions set out on our Returns and Exchanges page (see clause 8.1(a)). We will deal with faulty products on a case-by-case basis and will comply with your statutory rights. 

10.3         Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must return them to us in accordance with the instructions set out on our Shipping and Returns page (see clause 8.1(a)), or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage for the return of faulty products. 

10.4          Product Recall. In addition to clause 6.6 in the case that we have to recall the product that has already been delivered to you, for example (but not exclusively) due to a potential safety hazard, we will get into contact with you and deliver either a replacement product or return the price of the product at your choice. In the case of a such a product recall you have to comply with our instructions to receive a replacement product or the return of the price of the product.  

11.        PRICE AND PAYMENT 

11.1         Where to find the price for the product. The price of the product (which includes VAT or such other similar local goods and services tax) will be the price indicated on the order pages when you place your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However, please see clause 11.3 for what happens if we discover an error in the price of the product you order. 

11.2         We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect. 

11.3         What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If the price is higher than originally agreed upon, you have the right to cancel the order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may cancel your order, refund you any sums you have paid and require the return of any goods provided to you. 

11.4         When you must pay and how you must pay. We accept various payment methods which will be displayed when you place your order. You are required to pay for the products before we dispatch them.  The following are our primary methods of payment: 

(a)         Credit Card.  We accept Visa, MasterCard, American Express and Maestro; 

(b)         IDEAL.  We offer IDEAL as a payment option in applicable countries; 

(c)      Bancontact.  We offer Bancontact as a payment option in applicable countries; and 

(d)      Digital Wallets.  We offer digital wallet payments through Shop Pay, Google Pay and Apple Pay. 

11.5         What to do if you think you have been charged incorrectly. If you think you have been charged incorrectly, please contact us promptly to let us know (see clause 2.2). 

12.        OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU 

12.1         We are responsible to you for loss and damage caused by us that is reasonably attributable to us in accordance with article 6:95 and further Dutch Civil Code. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is reasonably attributable to our breaking the agreement or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not reasonably attributable to us. Loss or damage is generally not reasonably attributable to us if either it is obvious that it will happen or if, at the time the agreement was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. 

12.2         We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products. 

12.3         We are not liable for business losses. We only supply the products for domestic and private use. Therefore, any business losses cannot be reasonably attributable to us because, as a consumer, you are aware of the fact that these products are only supplied by us to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. 

12.4     We provide you with additional LiveWire guarantee and warranty. In addition to your statutory rights, we offer a guarantee and warranty on StaCyc products as explained in more detail on our Warranty page. 

13.       YOUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY US 

 13.1         Indemnity. You agree to fully indemnify, defend and hold us, our officers, directors, employees, agents, companies in our corporate group, and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these terms by you. 

14.        HOW WE MAY USE YOUR PERSONAL INFORMATION 

14.1         How we may use your personal information.  We will only use your personal information as set out in our Privacy Notice. 

 15.        OTHER IMPORTANT TERMS 

15.1         We may transfer the agreement to someone else with your cooperation. We may transfer our rights and obligations under the agreement to another organisation with your cooperation. However, we do not need your cooperation for a transfer of the agreement due to business acquisition, or other change in control event, either of which includes both the rights and obligations under the agreement. 

15.2         You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. 

15.3         Nobody else has any rights under the agreement. The agreement is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person to cancel or return an order or to make any changes to these terms. 

15.4         If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. 

15.5         Even if we delay in enforcing the agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking the agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. 

15.6         Which laws apply to these terms and the agreement and where you may bring legal proceedings. These terms and the agreement are governed by Dutch law and you can bring legal proceedings in respect of these terms and the products in the Dutch courts. 

15.7         Your rights. The governing law and jurisdiction above shall not apply to the exclusion of any mandatory consumer rights afforded to you by the laws of your country of residence. 

SCHEDULE 1             MODEL CANCELLATION FORM 

(Complete and return this form only if you wish to withdraw from the contract) 

To LiveWire Netherlands BV, with a registered office at Laan van Vredenoord 33, Rijswijk, 2289DA, Netherlands. 

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*] 

Ordered on [*]/received on [*] 

Order number 

Name of consumer(s) 

Address of consumer(s) 

Signature of consumer(s) (only if this form is notified on paper) 

Date 

[*] Delete as appropriate 

Note: Follow the instructions on our Shipping and Returns page to return your goods. Any goods sent to the above address will be sent back to you.