These Conditions apply to gear sales directly through us via the Site. These Conditions do not apply to in-store purchases - please refer to your retailer of purchase for their terms & conditions of the sale.
In order to protect your interests you should read these Conditions carefully before placing an order with us.
If you require any changes to these Conditions you should ask us to put these in writing. Please be informed that we are following and respect all applicable consumer law regulations.
1.1 In these Conditions the following expressions have the following meanings unless inconsistent with the context:
“Click and Collect” the process by which you order Goods from the Site to collect from the CADEX Dealer in store;
“Conditions” these terms and conditions;
“Contract” any agreement for the sale and purchase of Goods from us to you in accordance with Condition 8.1;
“Day” calendar day;
“Delivery Address” the address for delivery of the Goods as set out in the Order Acknowledgment or as may have been agreed between you and us in writing from time to time;
“CADEX Dealer” a member of our dealership network including CADEX branded stores;
“Goods” all goods supplied by us to you under the Contract;
“Home Delivery” the process by which you order Goods from the Site to deliver to you;
“Notice of Cancellation” any notice of your intention to cancel the Contract provided by you to us in accordance with Condition 8;
"Model Cancellation & Warranty Claim Form" the model cancellation and warranty claim form available here;
“Order Acknowledgment” written confirmation by us of our acceptance of your order;
“Price” the price payable by you for the Goods;
“we”, “us” or “our” Giant Europe B.V., registered in The Netherlands under number 39042936, whose principal place of business and registered office is Pascallaan 66, 8218 NJ, Lelystad;
“Working Day” any day from Monday to Friday other than a statutory holiday or public holiday in The Netherlands; and
“you” or “your” the person who has accepted these Conditions.
1.2 References to any statute or statutory provision include, unless the context otherwise requires, a reference to the statute or statutory provision as modified or re-enacted and in force from time to time and any subordinate legislation made from time to time under the relevant statute or statutory provision.
1.3 References to persons include natural persons, firms, partnerships, companies, corporations, associations and organisations (in each case whether or not having separate legal personality).
1.4 Words in the singular include the plural and words in the plural include the singular.
1.5 Any reference to “writing” includes communications by post and e-mail but excludes facsimile or text messages.
1.6 The headings to Conditions do not affect the meaning and interpretation of these Conditions.
1.7 Any phrase introduced by the term “include”, “including”, “in particular” or any similar expression is illustrative and does not limit the sense of the words preceding that term.
2. Basis of Contract
2.1 These Conditions shall apply to the sale by us of all Goods purchased by you.
2.2 A Contract shall be entered into when we issue an Order Acknowledgement to you by e-mail. As such, a Contract will come into existence between you and us when you receive our Order Acknowledgement and delivery confirmation.
2.3 Circumstances can occur that effect the acceptance or orders. We retain the right at all times to not accept orders and/or refuse delivery at any time at our own discretion. If we are unable to accept your order (e.g. when a product is out of stock), we will inform you of this per email and will not charge you for the product.
2.4 All orders are subject to product availability and delivery. If Goods ordered by you are not available, or if an order can no longer be fulfilled due to circumstances beyond our control (force majeure), we shall contact you as soon as possible to cancel your order and any sums you have already paid to us in respect of the Goods shall be refunded to you. In the event that we are unable to contact you within 30 Days after the date of your order the Contract will be deemed cancelled and any sums you have already paid to us in respect of the Goods shall be refunded to you.
2.5 Any error or omission in any information or document issued by us shall be subject to correction provided that such correction does not materially affect the Contract.
3.1 The Price to be paid by you is that displayed on the Site as of the time when placing your order.
3.2 All Prices are quoted inclusive of VAT.
3.3 All Prices are exclusive of the costs of delivery, the costs of which shall be charged in addition to the Price and will be as displayed on the Site at the time of placement of your order.
3.4 In the event that we discover a genuine error in the Price for the Goods ordered by you as displayed on the Site, we shall notify you as soon as possible providing you the option of either reconfirming the order at the correct Price or cancelling the order. If we are unable to contact you for the purposes of this Condition 3.4 within 30 Days of discovery of the error or if you fail to either reconfirm or cancel the order within this period, your order shall be deemed cancelled and where you have already made payment for the Goods this shall be refunded to you in full.
4.1 Payment for the Goods shall be due at the time of order placement and payment can be made by one of the following credit or debit cards: MasterCard, Visa or Klarna.
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna as made available by Klarna:
· Pay later 30 (Klarna’s ‘Pay in 30 days’ allows you to receive your order up front and get up to 30 days to pay without any interest and fees.)
· Pay in 3 interest free instalments (Klarna’s Pay in 3 is an alternative to traditional credit but without any interest, which allows you to split purchases into 3 payments. These payments will be automatically withdrawn from the debit/credit card you have on file with Klarna every 30 days until the full order amount has been paid.
Further information and Klarna’s user terms you can find here for your information. General information on Klarna you can find here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarna's privacy statement.
4.2 Unless due to our fault, if payment for the Goods has not been received in full and in cleared funds within 7 Working Days of order placement we shall be entitled at our option and without liability to you to cancel your order by notice to you in writing.
4.3 Payments for Goods shall only be accepted in SEK for customers in Sweden, CZK for customers in Czech Republic, HUF for consumers in Hungary, Euro for consumers in Finland or HRK for customers in Croatia. Unless otherwise agreed in writing any payment received from you in any other currency will not be deemed to be payment for the Goods in question.
5.1 The packaging of the Goods shall be entirely at our discretion. We shall have the right to pack all the Goods in such manner and in such quantities as we think fit and we shall not be obliged to comply with any packaging requests or instructions from you.
6.1 Any order that is under the threshold as indicated during the order process is subject to a delivery charge as indicated during the order process , payable by you at the time of payment for the Goods in accordance with Clause 4.
6.2 When ordered by Click and Collect we will notify you by email that the Goods are available for pick up - which shall in all circumstances be the premises of a CADEX Dealer.
6.3 We will reasonably endeavor to deliver the Goods within 4 to 5 Working Days of the Order Acknowledgement, or if the Goods are delivered in instalments, within 5 to 14 Working Days of the Order Acknowledgement (“the Anticipated Delivery Date”), but we shall not be held responsible for any delays in delivery caused by circumstances beyond our reasonable control. If delivery is delayed for more than 30 Days after the Anticipated Delivery Date you shall be entitled to cancel the Contract and recover your reasonable losses from us.
6.4 We shall have the right to deliver Goods in instalments.
6.5 Upon delivery of the Goods you shall be required to present the following:
6.5.1 the Order Acknowledgment; and
6.5.2 where you have paid for the Goods by credit/debit card, photographic identification - valid photo passport or photo driver’s license only; and the original payment card bearing the same name as the name on the order confirmation and on the photographic identification and matching the last 4 card digits and card expiry date.
6.6 If you fail to take delivery of the Goods within a period of 15 Working Days of our written notification that delivery can take place, the Goods will no longer be available for delivery. Unless your failure to take delivery of the Goods is due to our fault, we shall be entitled to store the Goods during such 15 Working Days period until actual delivery and charge you for the reasonable costs of storage (including insurance) and redelivery. You must contact us via the contact form to arrange re-delivery.
6.7 You must advise us of any damage to the Goods which is apparent on delivery or otherwise in writing within a reasonable period of time following delivery.
6.8 On delivery it is your responsibility to ensure that the total number of packages signed for is the same as the number of packages delivered.
7. Risk and Title of Goods
7.1 Risk of damage to or loss of the Goods shall pass to you:
7.1.1 at the time of delivery; or
7.1.2 if you wrongfully fail to take delivery then risk shall pass to you at the time when we have tendered delivery of the Goods, but you shall not be responsible for any damage to the Goods caused by our negligence.
7.2 Ownership of the Goods shall pass to you on delivery.
8.1 In addition to any other cancellation rights in these Conditions, you have the right to withdraw from a Contract within 30 Days without giving any reason. This withdrawal period will expire after 30 Days from the day of the conclusion of the Contract.
8.2 To exercise the right of withdrawal, you must inform us of your decision to withdraw from the Contract by an unequivocal statement (e.g. a letter sent by post or e-mail including contact details for withdrawal or where to find them). You may use the attached Model Cancellation & Warranty Claim Form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
8.3 You shall not have a right to withdraw with respect to any ordered Goods which have been personalised for you or otherwise made to your specification, or which by the nature of the Goods cannot be returned.
8.4 Any return of the Goods to us shall be at your own cost. You shall send back the Goods or hand them over to us or to the third party authorised by us to receive the Goods (for contact details to the third party service provider, see Model Cancellation & Warranty Claim Form) without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from the Contract to us. The deadline is met if you send back the Goods before the period of 14 days has expired.
8.5 If you cancel the Contract under Condition 8.1 during the 30 day return period, we will, subject to Conditions 8.6 and 8.7, refund the Price including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), within 14 Days from the date we receive the Goods back from you or you have supplied evidence of having sent back the Goods, whichever is the earliest.
8.6 Where you fail to return the Goods to us or where you return the Goods at our expense we shall, where appropriate, be entitled to make our own arrangements for collection of the Goods and shall, in either case, be entitled to either deduct the direct costs of collection or return from any refund due to you under Condition 8.8 or recover such costs from you as a debt from you to us.
8.7 Where the value of the Goods has been reduced as a result of the handling and/or use of the Goods beyond what is necessary to establish their nature characteristics and functioning, or you fail to take reasonable care to ensure that we receive the Goods and to see that they are not damaged in transit, we may either deduct an amount equal to any loss in value of the Goods from any refund due to you under Condition 8.6 or recover such amount from you as a debt from you to us.
8.8 Contracts may only be cancelled for convenience outside of the 30 day return period with our agreement and on the basis that you will pay to us a sum equivalent to any damages, charges and expenses reasonably incurred by us as a result of the cancellation.
9. Complaints, Warranties and the Return of Goods
9.1 We warrant to you that any Goods purchased from us through our Site will, on delivery, be free from material defects in materials or workmanship. If you have a complaint about the Goods, the item is defective or not fit for purpose, you have the right to reject or return the goods and demand a refund, a repair or a replacement. You must inform us, the seller, within a reasonable time period of discovering the defect if you decide to reject the goods. You can contact our customer service team at: [include contact details for complaints, e.g. phone number, email address etc.].
9.2 If you make a claim of damaged or defective Goods under the warranty provided at Condition 9.1 we ask that you:
9.2.1 tell us about any defect or damage as soon as is reasonably possible (complete the Model Cancellation & Warranty Claim Form); and
9.2.2 give us a reasonable opportunity to inspect the Goods in the same condition as they were after discovery of the defect and at our option either return the Goods to us at your cost, or alternatively allow us to collect the Goods, for examination to take place at our premises. The reasonable cost of packaging and carriage of Goods returned by you will be reimbursed by us if the Goods are found to be defective, and you shall be liable to pay us for any reasonable costs incurred by us collecting Goods found not to be defective.
9.3 For the purposes of Condition 9.2.1 we ask you to examine the Goods as soon as is reasonably possible after delivery.
9.4 Except as expressly provided in these Conditions, all warranties conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. This Condition 9.4 shall not affect your statutory rights as a consumer.
10.1 Nothing in these Conditions excludes or limits our liability for death or personal injury caused by negligence, fraudulent misrepresentations.
10.2 Subject to Condition 10.1 we shall not be liable for any losses under the Contract which:
10.2.1 relate to any business or enterprise undertaken by you; and/or
10.2.2 were not caused by any breach of the Contract by us, our agents or employees or otherwise not within our control.
11. Force Majeure
11.1 We shall be not liable to you or deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the Contract, if the delay or failure was due to any cause beyond our reasonable control such as (but without limitation) any strike, lock-out or other form of industrial action, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or government order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, epidemic, pandemic or default of supplier or sub-contractors or inability to obtain materials required for performance of the Contract.
13.1 We may assign the Contract or any part of it to any person in the course of any asset sale or corporate restructuring.
13.2 You shall not be entitled to assign the Contract or any part of it without our prior written consent which we shall not refuse to give without good reason.
14.1 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions shall remain in full force and effect.
15.1 If either you or us fail or delay or compromise in exercising a right or remedy under the Contract, the right or remedy is not to be treated as having been waived, restricted or varied and any agreement by either you or us to refrain from exercising a right in one particular instance will not prevent you or us from exercising it in full in the future.
16. Governing law and jurisdiction
16.1 The Contract shall be governed by the laws of the Netherlands but shall not affect your mandatory rights under e.g., consumer law regulations. You can bring legal proceedings in respect of the Goods in the Dutch Courts or, if you are consumer residing with the EU, the courts of the place where you are domiciled.
17. Out-of-court dispute resolution
17.1 In the event that you should not be able to settle any dispute with us, you can also refer a dispute to the European Online Dispute Resolution (“ODR”) platform at http://ec.europa.en/odr. The ODR platform is a web-based platform which is designed to help you when you have bought products or services online.
17.2 For customers residing in Sweden only: in addition to what is stated under clause 16 and 17.1, you may also turn to the National Board for Consumer Disputes (Sw. AllmännaReklamationsnämnden, ARN), Box 174, 101 23 Stockholm - email: firstname.lastname@example.org.