General Terms and Conditions

Recital / Preamble

In these general terms and conditions of ordering and delivery (hereinafter referred to as "General Terms and Conditions"),  seller shall mean Oy Duell Bike-Center Ab or its subsidiary that has concluded the contract or issued the order confirmation to the buyer in the relevant sales relationship (hereinafter referred to as the "Seller"); subsidiary shall mean any entity through which Oy Duell Bike-Center Ab conducts its business by owning, directly or indirectly, the majority of the shares or voting rights of such subsidiary (hereinafter the "Subsidiary"). Buyer means the company, entity or any person with whom the Seller has entered into a contract and to whom the order confirmation has been addressed (hereinafter the "Buyer") and product shall mean the product or products sold by the Seller to the Buyer (the "Product" or "Products").

These General Terms and Conditions apply to the sale and delivery of the Products between the Seller and the Buyer, unless otherwise expressly agreed in writing.

Prices

Where applicable, VAT and transportation costs shall be added to the prices of the Products as indicated by the Seller. For some Products, an environmental charge will be added. The Seller reserves the right to make any changes to the prices, for example due to changes in Product pricing, availability or supply chains. 

Receipt of an order

The Buyer can place an order with the Seller online or by e-mail at any time of the day, any day of the week. Delivery times related to the order receipt schedule are published separately on the Seller's online shop’s website.

The reception times for telephone orders are published on the Seller's website.

Delivery of an order

Orders placed via the online shop are automatically processed in the ordering system, and it is therefore advisable to place orders via the online shop.

The delivery time and the date indicated in the Seller's order confirmation are approximate.

When a Product is temporarily out of stock, the Product will automatically be delivered later. The backorder may be delivered to the Buyer separately or in connection with another order. If the Buyer notifies that the Buyer wishes the backorder to be delivered separately, the Seller has the right to charge the Buyer for costs arising from the separate backorder.

The Seller delivers the Products to the Buyer from all of the Seller's logistic centers. More detailed information about the Seller's logistic centers can be found on the Seller's website.

The delivery of an order is affected by the Buyer's place of delivery, the place where the Products are stored, the time of the order and the method of delivery. More detailed information on estimated delivery times can be found on the Seller's website.

Unless otherwise agreed in writing, the delivery term DAP Buyer's premises (Incoterms 2020) shall apply. If, however, the Seller and the Buyer agree that the Products shall be picked up by the Buyer, the delivery term EXW or FCA Seller’s Premises (Incoterms 2020) shall apply according to the Buyer’s and Seller’s separate agreement.

If the Product cannot be delivered to the Buyer due to the Buyer’s passivity or the Buyer not being present at the specified location agreed between the Buyer and Seller and/or informed to the Buyer on time, the Seller has the right to charge the Buyer for any costs arising from the unsuccessful delivery attempt and/or return transport of the Products and/or a renewed delivery attempt.

Delivery costs and other possible transport and administration related costs are borne by the Buyer.

The Seller has the right to make changes to the Buyer’s choices relating to delivery, for example regarding the chosen mode of transport (i.e. by pallet or as parcel transport). The Seller has the right to charge the Buyer for additional costs.

If the Product is delivered outside the EU, the Seller is also entitled to charge the Buyer the costs of customs clearance, possible customs duties and other similar charges.

Payment

The Seller's payment terms are individual to the customer.

Unless otherwise agreed in writing, the Buyer shall make payment to the Seller no later than fourteen (14) days from the date of the invoice.

In case of late payment, the Seller reserves the right to convert the Buyer's payment term into an advance payment and to transfer the claim to a third party for recovery action.

Interest on late payment will be charged in accordance with the Interest Act in force from time to time. In addition, the Seller is entitled to charge the Buyer for any collection costs incurred in connection with collection measures.

Proprietary right

The Products are the legal property of the Seller and no part, proprietary right or part of a proprietary right of the Products shall pass to the Buyer until the Seller has received the full payment for the Products in accordance with these General Terms and Conditions.

Right of return

The Product can be returned if:

a) The Product is defective
b) The delivered Product is not as ordered by the Buyer
c) The Buyer has received the wrong product, e.g. due to a catalogue error.

In order the Buyer to be entitled to exercise the right of return as defined above, the following conditions must be met:

The packaging of the Product must be intact and original. A fully completed return form must always be accompanied in the return. The return and complaint/warranty form can be found on the Seller's website. Product returned without documentation will be returned to Buyer unprocessed at the Buyer's expense.

The Seller will charge the Buyer a return and restocking fee for a returned Product that does not meet the aforementioned conditions. The Seller reserves the right to charge a separate return fee if the original packaging is damaged.

Refund for returned Products

Products returned by the Buyer to the Seller will be refunded to the Buyer, depending on the return period, as follows:

Returned within 1-14 days of delivery: 100%

Returned within 2-4 weeks of delivery: 70%

Returned more than 4 weeks after delivery: no right of return and the Buyer is responsible for the return freight.

No right of return for certain Products

The Buyer has no right to return the Product if:

a) The Product is not or is no longer in the Seller's product range and is therefore a discontinued Product
b) The Product is a custom-made product ordered by the Buyer on a special order
c) The Product has had parts removed or has been modified
d) The Product shows signs of use or installation
e) The Product or its packaging is unfit for resale by the Buyer
f) The product was purchased more than one (1) month ago

Inspection and complaints

The Buyer has an obligation to inspect the Product when receiving the Product and the Buyer shall ensure that the Product is equivalent to the order.

The Buyer must submit a written complaint to the Seller about any visible defect in the Product within seven (7) days of receipt of the Product. If the Buyer does not make a complaint to the Seller within the said period, the Buyer is not entitled to claim the visible defect after the said period has expired.

If a Product or part of a product is missing from the Product or delivery, the Buyer must notify the Seller in writing of the missing product or part within seven (7) days of receipt of the Product.

The completed written complaint forms must be attached to the Product for which the complaint is made.

In the first instance, the Product, for which complaint has been made, will be replaced with a new Product or a refund invoice.

Warranty

The Seller grants a warranty to the Products only to the extent and under the conditions that the supplier or manufacturer of the Products has granted to the Seller. Subject to any warranty given to Seller by the supplier or manufacturer, the Seller's sole obligation under this paragraph is, at its sole discretion, either to repair such defects or to replace the defective Products or parts thereof with intact Products or parts.

The warranty does not cover normal wear and tear, physical or environmental damage, consequential damage, accidents, abuse or neglect in the use and maintenance of the Product.

The warranty set forth in this paragraph is the only warranty provided for the Products.

Warranty repair work

Any warranty repair work shall be agreed upon between the Seller and the Buyer in advance in writing. For the sake of clarity, the warranty repair work includes only the repair of the Product and not does not include any installation of the Product.

In the case of large Products, the Seller and the Buyer may agree in advance in writing that a third party will repair the Product on a billing basis. Upon receipt, the Seller will reimburse the Buyer for third party charges relating to the repairs up to a certain price agreed in advance in writing between the Seller and the Buyer.

Seller’s liability

Unless otherwise agreed in writing, the Seller's total liability is limited to the value of the Product, however, if the Product or order is delivered to the Buyer in parts, the Seller's liability is limited only to the value of each partial delivery.

In no event shall the Seller be liable for indirect or consequential damages, including but not limited to loss of production, loss of economic or business profits, loss of profits, damage to other property, or other similar damages that cannot be reasonably foreseen.

The Seller reserves the right to discharge itself in the event of the Product being out of the Seller's stock or in the event of force majeure as defined below.

The Seller reserves the right to any printing errors.

Force majeure

If the Seller is prevented from fulfilling its obligations under these General Terms and Conditions or under the separate contract with the Buyer due to force majeure and a reason beyond the Seller’s control, including but not limited to the supplier’s or subcontractors delivery challenges, product availability challenges, war, natural forces, government action, strike, epidemic, fire or any other reason comparable to these, the Seller shall not be obliged to perform any of its obligations, possible compensation or other liquidated damages in accordance with these General Terms and Conditions or a separate contract with the Buyer.

The Seller, whose activities are prevented due to force majeure, shall take all reasonable measures to limit the damage caused to the Buyer due to the force majeure. The force majeure shall be notified to the Buyer without delay in writing.

The force majeure situation shall extend the schedules as agreed between the Seller and the Buyer in relation to delivery and ordering. If the force majeure situation lasts for more than three (3) months, the Parties shall agree on the delivery and ordering and the schedules as well as measures related thereof separately.

Original numbers

The original numbers are provided to the Buyer for reference purposes only and do not refer to or have any connection with Oy Duell Bike-Center Ab and the respective engine factory or manufacturer.

Processing of personal data

The Seller, as a controller, is entitled to process the personal data of the Buyer and its representative in the sale, delivery and related activities of these Products at its sole discretion. A description of the processing of personal data under these General Terms and Conditions is set out in a separate privacy policy.

To the extent that the Buyer discloses, transfers or otherwise provides personal data to the Seller, the Buyer is responsible for its right to disclose personal data to the Seller for the purposes set out in these General Terms and Conditions and represents that it has the right to disclose such personal data to the Seller.

The Buyer is responsible for informing its employees and other data subjects about the disclosure, transfer or transmission of personal data to the Seller in accordance with applicable law and its own internal practices.

The Buyer is responsible for the personal data it has provided. The Buyer is obliged to update the Seller of any changes to the personal data and to contact the Seller if the personal data provided by the Buyer should to be deleted or if other requests are made regarding the rights of the data subject.

The Seller processes personal data in accordance with the applicable data protection legislation and the Seller's privacy policy in force from time to time.

Changes to General Terms and Conditions

The Seller reserves the right to modify these General Terms and Conditions by unilateral decision without any prior notice. Orders are subject to the contractual conditions in force at the time of ordering. Unless otherwise provided by law, any changes in the law shall enter into force immediately and unchanged.

Applicable law and dispute resolution

These General Terms and Conditions and/or any contract or order confirmation between the Seller and the Buyer shall be governed by and construed in accordance with the laws of the Seller's home country. The Seller and the Buyer expressly acknowledge that the UN Convention on Contracts for the International Sale of Goods (CISG) does not apply to these General Terms and Conditions, the contract between the Seller and the Buyer or the order confirmation.

All disputes relating to these General Terms and Conditions, contracts between Seller and Buyer, order confirmations, orders and deliveries shall be resolved primarily by negotiation and finally by arbitration in accordance with Seller's domestic expedited arbitration rules.