1. Conditions of use.
We are pleased to welcome you to our website.
Access to this website and its use are subject to the conditions
of use listed below. Please read the conditions of use contained
in this document carefully before using the website. By opening
and using the website you confirm that you have read and understood
the conditions of use and agree to them. If you do not agree to
this website’s conditions of use, please leave the website immediately.
Intellectual property rights
All copyrights and other intellectual property rights in connection
with all texts, images and other content provided on this website
are the property of Speedbicycles GmbH (Ltd liab. Co) (SARL).
Any content on this website identified as a trade or service mark
or as a logo is a registered and/or unregistered Speedbicycles
GmbH (Ltd liab. Co) (SARL) mark.
Information may be downloaded or printed from this website solely
for private and non-commercial use. All property rights shall remain
with Speedbicycles GmbH (Ltd liab. Co) (SARL). The duplication,
transmission, amendment, linking or use of the website for commercial
purposes is not permitted without prior written consent from Speedbicycles
GmbH (Ltd liab. Co) (SARL).
The misuse of trademarks or other content contained in this site
is strictly forbidden. Attention is explicitly drawn to the fact
that Speedbicycles GmbH (Ltd liab. Co) (SARL) will assert its intellectual
property rights consistently, making full use of the legal means
Access and use of this website will not grant you any licence or
property rights of Speedbicycles GmbH (Ltd liab. Co) (SARL) or
third parties of any kind.
No guarantee and no liability
Speedbicycles GmbH (Ltd liab. Co) (SARL) shall make every effort
to provide exact information, but we provide no warranty or guarantee,
either explicit or implicit, for the accuracy and completeness
of the information on this website, and reject any liability or
responsibility for direct and indirect damage, costs, losses or
liability claims which may
be caused by access to or use of this website.
Furthermore, Speedbicycles GmbH (Ltd liab. Co) (SARL) does not
assume any liability or responsibility of any kind for losses incurred
in connection with viruses which have attacked your computer systems
or other property after your using, accessing or downloading content
from this website. In principle, content is downloaded from this
website at your own risk.
To the extent permitted by law, you will herewith explicitly absolve
Speedbicycles GmbH (Ltd liab. Co) (SARL), its senior employees,
directors, staff and programmers from all claims for damages as
a consequence of using or accessing this website.
Links to other websites
This website may contain links or references to other Internet
sites or may be opened via links from other websites over which
Speedbicycles GmbH (Ltd liab. Co) (SARL) has no influence. Speedbicycles
GmbH (Ltd liab. Co) (SARL) shall assume no responsibility for the
availability and content of these other websites, and shall not
be liable for damage or harm that occurs on the basis of using
such content or such access. Any link to other websites serves
solely to make this website more user-friendly.
Applicable law and place of jurisdiction
Any disputes or claims which may accrue from using this website
are subject to Swiss law. Basel (Basel-Stadt) is the sole place
Changes to the conditions of use
We reserve the right to change or correct these conditions of use
at any time. As a user of this website, you will also be bound
by these revised conditions of use. We therefore recommend that
you visit this page on a regular basis to keep up-to-date with
the current conditions of use.
2. Data privacy statement
We are pleased to welcome you to our
website. Please read this data privacy statement to find out how
we collect, use and protect personal data.
By using our website, you agree to the personal data collected
about you being processed in the manner described in this data
privacy statement and for the purposes described therein.
Collection and use of personal data
You can visit our website without disclosing any personal information
about yourself. We shall only collect personal data (such as your
name, address, telephone number, e-mail address etc.) if you make
these available to us voluntarily.
Your personal data will be used solely for the purposes for which
you have made them available to Speedbicycles GmbH (Ltd liab. Co)
We do not pass personal data on to third parties for marketing
Speedbicycles GmbH (Ltd liab. Co) (SARL) relies on security measures
to protect your personal data from loss, unauthorised access, improper
use, alteration or destruction. Only authorised employees of Speedbicycles
GmbH (Ltd liab. Co) (SARL) have access to your personal data.
Links to other websites
The present data privacy statement only applies to the Speedbicycles
GmbH (Ltd liab. Co) (SARL) website and excludes third-party websites.
We reserve the right to collect tracking data, which provide us
with information about users’ surfing patterns. These tracking
data do not allow any persons to be determined. We use any tracking
data collected to tailor the content of the website more precisely
to customers’ requirements, and to prepare statistics showing individual
use of the website (for the purposes of internal market analysis).
Data transfer abroad
Your personal data may be exchanged between various companies within
Speedbicycles GmbH (Ltd liab. Co) (SARL). In the event of data
being transferred abroad, Speedbicycles GmbH (Ltd liab. Co) (SARL)
will undertake the necessary steps to guarantee that your personal
data are protected both during the data transfer and at the destination.
Updating the data privacy statement
Speedbicycles GmbH (Ltd liab. Co) (SARL) may revise this data privacy
statement from time to time. Amendments to this data privacy statement
will be communicated without delay on this page.
Contacting Speedbicycles GmbH (Ltd liab. Co) (SARL)
If you have any questions or wish Speedbicycles GmbH (Ltd liab.
Co) (SARL) to amend or delete your personal details, please notify
us of this in writing by post at the following address: Speedbicycles
GmbH, PO Box 1839, 4001 Basel, Switzerland.
of sale and delivery
All our quotations, sales and deliveries shall be subject to the
following conditions exclusively, even if the customer expressly
specifies otherwise. With the acceptance of our confirmation of
order or the delivery of our goods, the customer declares his acceptance
of our terms and conditions. Silence on our part as regards the
customer’s terms and conditions shall not constitute any acknowledgement
of, or consent to, the customer’s terms and conditions under any
circumstances. All quotations are without obligation. Supplementary
agreements and any other informal commitments need to be confirmed
in writing by our Head Office in every case. None of the information
contained in our catalogues is binding. This also applies to illustrations,
weights, measurements and performance data. We reserve the right
to alter specifications without notice.
3.1. Prices and sales tax
The prices and conditions which will
apply are those in effect at the date of delivery. The quoted prices
for our product range are EX WORKS, incl. packaging, not insured
unless otherwise expressly and separately agreed. At the time valid
incoterms shall apply. All prices shall be exclusive of Value Added
Tax, which is shown separately in our invoices. In the case of
inter-company deliveries, the purchaser shall give us an undertaking
that the goods are being procured for his own company and are subject
to the tax regulations applicable in his country. Prices are subject
to change without notice.
3.2. Delivery and acceptance
Quoted delivery periods are approximations.
If circumstances arise for which we are not responsible, e.g. a
delay occasioned by delivery problems on the part of our subcontractors,
the delivery period shall be extended accordingly. The delivery
period shall also be appropriately extended in the event of industrial
action, particularly strikes and lockouts. In the event of a resultant
delay in delivery on our part, the customer shall not be entitled
to any claims or cancellation of the transaction.
3.3. Right of the supplier to
In the event of a serious deterioration in the customer’s
business, particularly financial circumstances, stoppage of payments,
winding-up or transfer of the business or his death or similar,
or if the customer pledges stock, receivables or the purchased
goods, or orders them as a security for other creditors, the supplier
shall be entitled to demand security and to rescind his obligation
to supply if the security is inadequate, and to demand compensation
on grounds of nonfulfilment. In the event that we are prevented
from manufacturing the ordered goods due to circumstances for which
we are not to blame, we reserve the right to withdraw from the
contract, wholly or partially, without the client being thereby
entitled to make any claim whatsoever for compensation, subsequent
delivery or withdrawal from the contract.
3.4. Packing, transport,
carriage charges, small order supplement and transfer of risk
reserve the right to choose the type of packaging used. Cardboard,
paper and plastic packaging will not be taken back but must be
disposed of by the receiver of the goods. Pallets, wire-mesh box
pallets and other usable containers may be returned to us, carriage
paid, within three months. Deliveries by post and express services
will be charged at cost. If a carriage paid delivery is agreed,
the supplier shall be entitled to choose the method of transport
employed. For consignments to third parties, an adequate supplement
of a percentage of the value of the goods will be charged. All
risks shall be transferred to the customer when the goods leave
our factory/ depot or are made available to the customer at our
3.5. Terms of payment
Our invoices are payable immediately net
in Swiss Francs or Euro or US Dollar after receipt of invoice unless
otherwise expressly and separately agreed. In the event of delays
in payment, the customer shall without further reminder be liable
to pay to Speedbicycles GmbH (Ltd liab. Co) (SARL) default interest
at a rate of 2% above the relevant discount rate of the National
Bank of Switzerland. As long as older invoices remain unpaid, no
entitlement to discount shall exist on the payment of new invoices.
Bills of exchange shall not be accepted. If payment is made by
cheque or other form of documentary remittance, the charges therefore
shall be borne by the customer. If the customer is late in making
a payment or his financial situation deteriorates markedly after
the conclusion of the contract, all debts shall immediately become
due for settlement. The customer may only offset these with uncontested
or legally established counter-claims. The punctuality of payments,
or otherwise, is determined by the date on which the funds are
received by us.
Retention of title
We shall retain title to the goods supplied
until all the debts due to us and incurred as a result of the business
relationship have been settled in full, irrespective of the legal
justification therefore. As far as such retention of title has
to be recorded in public registers, the customer undertakes to
issue all statements legally due for this purpose upon the supplier’s
first request. The customer shallbe entitled to process our products
or to use them with other products within the scope of his regular
business operations. As a surety against our aforesaid entitlements,
we shall acquire co-ownership of the objects resulting from the
processing or combined use of our products, the said co-ownership
being assigned to us by the customer coincidentally with the acceptance
of these Conditions of Sale. The customer shall be required to
keep the objects subject to our co-ownership at no charge to us.
The amount of our share of co-ownership shall be determined in
accordance with the value of our product relative to the value
of the object resulting from its processing or combined use by
the customer. We grant our customers the right of resale in the
normal course of business, subject to revocation. The said right
shall be withdrawn in the event of a suspension of payments. With
the acceptance of these Conditions of Sale, the customer shall
assign to us all the debts and additional rights accruing to him
from the resale. The assigned debts shall serve as a security for
all our claims. The customer shall be entitled to collect the assigned
debts, provided we have not revoked this authorisation. The authorisation
to collect debts shall be withdrawn, even without any express revocation,
if the customer suspends his own payments. If we so request, the
customer shall inform us in writing and without delay as to whom
he has resold the goods and the debts due to him as a result of
the resale, and furnish us with certified documents of transfer
of the debts at his expense. The customer shall not be entitled
to any other provisions in respect of the objects to which we retain
title or of which we hold co-ownership, or in respect of any debts
assigned to us. The customer shall notify us with-out delay of
any attachments or other legal impairments relating to objects
belonging to us, either wholly or partially. We shall be entitled
at any time to call for the return of goods belonging to us if
the customer falls into arrears on a payment or if his financial
situation deteriorates to a marked extent. If we enforce this right,
withdrawal from the contract shall only arise if we expressly declare
the same, irrespective of any other mandatory official regulations.
If the value of the securities assigned to us exceeds our receivables
and entitlements to redemption by more than 20 %, we shall, at
the customer’s request, release securities to an amount to be decided
by us. Samples and drawings shall remain our property, even if
the customer bears the costs, or a proportion of the costs, thereof.
Returns Goods may not be returned without our prior consent.
this, returned goods shall not be accepted. In the case of returns,
we shall be entitled to levy a processing charge according to our
goodwill procedure. The costs of any reconditioning required shall
be invoiced separately. If goods which have been delivered carriage
paid are subsequently returned by the customer, the costs of the
initial delivery shall be deducted from the credit note.
We guarantee only the perfect, functioning of new
products provided they are installed correctly and in accordance
with their inten-ded purpose. In the event of proven defects in
material or work-manship we shall provide full replacement of materials.
We shall not be liable for old and used items even when new-old-stock,
any further damage, particularly as a result of improper handling,
overloading or natural wear and tear. This shall apply in particular
to surface damage caused by the use of incorrectly used, abrasive
or aggressive cleaning agents. Our warranty and liability in respect
of materials not manufactured by us shall be restricted to the
warranty and liability provi-ded for in the conditions of sale
or our subcontracted suppliers. The warranty period shall be 1
year from the date of invoice of the defective fitting. If we manufacture
goods to a customer’s specification, he shall be wholly responsible
for ensuring that no patents or other third party rights are infringed.
Any complaints concerning the weight, quantity or quality of the
goods shall be notified in writing immediately after their discovery
and, in any case, one week at the latest after receipt of the consignment.
If the complaint proves to be justified, a replacement consignment
shall be delivered free of charge and carriage paid to the original
destination; in the event of quality defects, however, this shall
only apply if the faulty parts are returned. Any further claims
for replacements or abatement or compensation for indirect and/or
direct damages shall be excluded, unless we are unable to effect
a re-delivery or are guilty of gross negligence. The goods must
still be in the condition in which they were delivered. For goods
which have been used, the warranty terms shall apply.
of fulfilment, court of jurisdiction, obligations imposed by contracts
place of fulfilment for all the obligations arising from the contract
is the place in which the supplier’s premises are located. The
court of jurisdiction for both parties is the suppliers domicile.
The contractual relationship is subject to the material laws of
Switzerland. Should any provision of the contract be or become
partly or entirely invalid, the validity of the remaining provisions
of the contract shall not be affected. The invalid provisions are
replaced by a valid rule, which attains the parties economic intent
and purpose with regard to the invalid provision. The same shall
apply in the event of any gaps of the contract. The Swiss original
of the “Conditions of Sale and Delivery” is authoritative.