DiDO Bikes General Terms and Conditions
Introduction
These General Terms and Conditions pertain to DiDO Bikes, a company registered in Saudi Arabia, and they govern your use of our services and the process of placing orders on our Website. It is essential to thoroughly read and comprehend these General Terms and Conditions before making a purchase or utilizing our services. We recommend saving and printing a copy of these General Terms and Conditions for future reference.
Article 1. Definitions
1.1 "DiDO Bikes" denotes the entity DiDO Bikes, a Saudi Arabian registered company.
1.2 "Website" encompasses the DiDO Bikes website, which can be accessed via www.didobikes.com, along with its related sub-domains.
1.3 "Customer" encompasses any individual or legal entity, irrespective of professional or personal capacity, entering into an Agreement with DiDO Bikes or registering on our Website.
1.4 "Agreement" refers to any agreement or arrangement between DiDO Bikes and the Customer, with these General Terms and Conditions forming an integral part thereof.
1.5 "General Terms and Conditions" denotes the terms and conditions outlined in this document.
Article 2. Scope of the General Terms and Conditions
2.1 These General Terms and Conditions apply to all offers made by DiDO Bikes, Agreements entered into with DiDO Bikes, and services rendered by DiDO Bikes, unless explicitly stated otherwise in writing.
2.2 Any terms or conditions introduced by the Customer in their order, confirmation, or acceptance, which deviate from or are not included in these General Terms and Conditions, will only be binding on DiDO Bikes if explicitly accepted in writing.
2.3 In instances where specific product or service conditions are applicable alongside these General Terms and Conditions, the condition most favorable to the Customer will apply in case of any inconsistency.
Article 3. Prices and Information
3.1 All prices listed on the Website and in other materials provided by DiDO Bikes include applicable taxes and government levies, unless explicitly stated otherwise on the Website.
3.2 If any shipping costs apply, they will be clearly stated before the Agreement is concluded and specified separately during the ordering process.
3.3 While DiDO Bikes takes great care in compiling the content of the Website, we cannot guarantee that all information on the Website is always correct and complete. In cases of obvious programming or typographical errors, offers are not valid, and acceptance of such offers will not establish an Agreement with DiDO Bikes.
3.4 DiDO Bikes cannot be held responsible for variations in color due to differences in screen quality.
Article 4. Formation of the Agreement
4.1 The Agreement is established when the Customer accepts DiDO Bikes' offer and fulfills the conditions set by DiDO Bikes.
4.2 If the Customer accepts the offer electronically, DiDO Bikes will promptly confirm the receipt of the acceptance electronically. Until the receipt of this acceptance has been confirmed, the Customer may terminate the Agreement.
4.3 If it is discovered that the Customer provided incorrect information when accepting the offer or when concluding the Agreement, DiDO Bikes has the right to suspend the fulfillment of its obligations until the correct information is received.
4.4 DiDO Bikes may, within legal parameters, assess whether the Customer can meet their payment obligations and verify the facts and factors necessary for a responsible conclusion of the Agreement. If, following this assessment, DiDO Bikes has valid reasons to not enter into the Agreement, it may refuse an order or request, specifying the reasons, or impose conditions on the fulfillment of an order, such as requiring advance payment.
Article 5. Performance of the Agreement
5.1 Upon receiving the order, DiDO Bikes will deliver the products to the Customer as soon as possible, in accordance with the provisions of paragraph 3 of this article.
5.2 DiDO Bikes may engage third parties to fulfill its obligations under the Agreement.
5.3 Information about the delivery method and timeframe for the products will be provided on the Website before the Agreement is concluded. If no specific delivery period has been agreed upon or mentioned, the products will be delivered within a maximum of 30 days.
5.4 If DiDO Bikes is unable to deliver the products within the agreed timeframe, it will notify the Customer accordingly. In such cases, the Customer may choose to agree to a new delivery date or terminate the Agreement without incurring any costs.
5.5 DiDO Bikes advises the Customer to inspect the products upon delivery and report any defects within a reasonable period, preferably in writing. For further details, please refer to the article on guarantee and conformity.
5.6 The risk associated with the products will transfer to the Customer as soon as the products are delivered to the agreed delivery address. If the parties have explicitly agreed otherwise, the risk may transfer to the Customer at an earlier stage. If the Customer opts to pick up the products, the risk will transfer when the products are handed over.
5.7 In the event that the ordered product is no longer available, DiDO Bikes may deliver a product of similar nature and quality. In such cases, the Customer has the right to terminate the Agreement without incurring any costs and return the product free of charge.
Article 6. Right of Withdrawal/Returns
6.1 This article applies only if the Customer is a natural person not acting in a professional or commercial capacity. Business Customers do not have a right of withdrawal.
6.2 The Customer has the right to cancel a distance Agreement with DiDO Bikes within 14 calendar days of receiving the product (except for E-Scooter Products) without incurring any costs and without providing reasons. The withdrawal period commences on the day after the Customer, or a third party designated by the Customer (other than the carrier), receives the product, or:
a) If the order comprises multiple products, the day on which the Customer, or a third party designated by the Customer, receives the last product;
b) In the case of a product delivered in multiple shipments or parts, the day on which the Customer, or a third party designated by the Customer, receives the last shipment or part;
c) In cases of recurring product deliveries over a specified period, the day on which the Customer, or a third party designated by the Customer, receives the first product.
6.3 The Customer is responsible for bearing the direct costs of returning the product. This means that the Customer will be responsible for the return shipping costs. If these costs exceed the regular postage rate, DiDO Bikes will provide an estimate. Any amounts paid by the Customer for the product and the cost of shipping to the Customer will be refunded upon return of the entire order.
6.4 During the right of withdrawal period described in paragraph 1, the Customer should handle the product and its packaging with the utmost care. The Customer should not open the packaging or use the product beyond what is necessary to determine the nature, features, and operation of the products. The principle is that the inspection should not go beyond what the Customer could do in a physical store.
6.5 The Customer will only be liable for any decrease in the value of the product resulting from handling that exceeds what is allowed under the previous paragraph.
6.6 The Customer can exercise the right of withdrawal by sending or electronically submitting the standard withdrawal form to DiDO Bikes or by notifying DiDO Bikes in a clear and unambiguous manner of their intention to withdraw from the purchase. Upon receiving the notification, DiDO Bikes will confirm receipt. Following withdrawal, the Customer has 14 days to return the product. Alternatively, the Customer may return the product immediately within the withdrawal period, provided they include the standard withdrawal form or another clear and unambiguous notification of withdrawal.
6.7 DiDO Bikes will refund any amounts already paid by the Customer as soon as possible, but within 14 days at the latest from the moment the withdrawal is communicated. The same payment method used by the Customer for the order will be used for the refund. If the Customer chose a more expensive delivery method than the standard delivery, DiDO Bikes is not required to refund the additional costs. DiDO Bikes may postpone the refund until the products are returned or until the Customer can prove that they have returned the products, whichever occurs first.
6.8 Information regarding the applicability or non-applicability of the right of withdrawal, as well as the associated procedure, will be clearly stated on the Website before the Agreement is concluded.
Article 7. Payment
7.1 The Customer must make payments to DiDO Bikes using the payment methods specified during the ordering process and on the Website. DiDO Bikes may choose to offer various payment methods and may change these methods at any time. If payment is made after delivery, the Customer has a payment term of 14 days from the day after delivery.
7.2 If the Customer fails to make timely payments, and DiDO Bikes has notified the Customer of overdue payments and provided a 14-day period in which to fulfill payment obligations, the Customer will be liable to pay statutory interest on the outstanding amount. DiDO Bikes may also pass on extrajudicial collection costs incurred to the Customer. These collection costs will not exceed 15% on outstanding amounts up to 2,875 USD 10% on the next 2,875 USD, and 5% on the next 2,875 USD, with a minimum charge of 46 USD. DiDO Bikes may deviate from the aforementioned amounts and percentages in favor of the Customer.
Article 8. Guarantee and Conformity
8.1 This article applies only if the Customer is not acting in a professional or commercial capacity.
8.2 DiDO Bikes will ensure that the products conform to the Agreement, the specifications provided in the offer, the reasonable requirements of soundness and usability, and the statutory provisions and government regulations in effect on the date of the Agreement's formation. If expressly agreed, DiDO Bikes will also ensure that the product is suitable for purposes other than its normal use.
8.3 Guarantees offered by DiDO Bikes, the manufacturer, or the importer do not affect the statutory rights and claims available to the Customer under the Agreement.
8.4 If the delivered product does not conform to the Agreement, the Customer must promptly notify DiDO Bikes after discovering the defect.
8.5 If DiDO Bikes deems the complaint to be valid, the affected products will be repaired, replaced, or refunded in consultation with the Customer. The refund will not exceed the price paid by the Customer for the product, subject to the provisions outlined in the liability article.
Article 9. Complaints Handling Procedure
9.1 This article applies only if the Customer is not acting in a professional or commercial capacity.
9.2 DiDO Bikes is committed to ensuring that its products conform to the Agreement, the specifications stated in the offer, the reasonable requirements of soundness and usability, and the statutory provisions and government regulations in effect at the time of the Agreement's formation. If expressly agreed upon, DiDO Bikes will also ensure that the product is suitable for purposes other than its normal use.
9.3 Guarantees offered by DiDO Bikes, the manufacturer, or the importer do not affect the statutory rights and claims available to the Customer under the Agreement.
9.4 If the delivered product does not conform to the Agreement, the Customer must promptly notify DiDO Bikes after discovering the defect.
9.5 If DiDO Bikes deems the complaint to be valid, the affected products will be repaired, replaced, or refunded in consultation with the Customer. The refund will not exceed the price paid by the Customer for the product, subject to the provisions outlined in the liability article.
Article 10. Liability
10.1 This article applies only if the Customer is acting in a professional or commercial capacity.
10.2 DiDO Bikes' total liability to the Customer for any attributable failure to perform the Agreement is limited to compensation not exceeding the amount paid by the Customer under that Agreement (including VAT), with a maximum limit of USD 575 (including VAT).
10.3 DiDO Bikes disclaims liability to the Customer for indirect losses, including but not limited to consequential losses, lost profits, missed savings, data losses, and losses resulting from business interruption.
10.4 Except for cases referred to in the previous two paragraphs of this article, DiDO Bikes is not liable for any compensation to the Customer, regardless of the legal grounds for a claim. However, the limitations of liability stated in this article do not apply in the event of intent or willful recklessness on the part of DiDO Bikes, or in cases of death or physical injury.
10.5 DiDO Bikes is liable to the Customer for any attributable failure to perform the Agreement only if the Customer notifies DiDO Bikes in writing of the default, specifying a reasonable period for rectifying the failure, and DiDO Bikes still fails to fulfill its obligations within that period. The notice of default must provide detailed information about the failure to enable DiDO Bikes to respond adequately.
10.6 Any right to claim compensation is subject to the condition that the Customer provides DiDO Bikes with written notification of the loss within 30 days after it has occurred.
10.7 In cases of force majeure, DiDO Bikes is under no obligation to compensate the Customer for any resulting losses. Force majeure includes, but is not limited to, Internet or telecommunications infrastructure failures, power outages, civil unrest, mobilization, war, transportation disruptions, strikes, lockouts, business interruptions, supply delays, fires, floods, and import/export restrictions.
Article 11. Retention of Title
11.1 Until the Customer has fully paid the agreed amount, DiDO Bikes retains ownership of all delivered goods.
Article 12. Personal Data
12.1 DiDO Bikes will process the Customer's personal data in accordance with the privacy and cookie statement published on the Website.
Article 13. Final Provisions
13.1 The Agreement is governed by Dutch law. If the Customer is a natural person not acting in a professional or commercial capacity, this choice of law will not affect the protection provided to the Customer under the mandatory laws of their place of residence.
13.2 Except as otherwise required by mandatory law, any disputes arising from the Agreement will be submitted to the competent Dutch court in the district where DiDO Bikes has its registered office.
13.3 If any provision of these General Terms and Conditions is found to be invalid, this will not affect the validity of the General Terms and Conditions as a whole. In such cases, the parties will replace the invalid provision with one or more new provisions that most closely align with the original provision's purpose, as permitted by law.
13.4 The term "written" in these General Terms and Conditions also refers to communication via email and fax, provided that the sender's identity and the integrity of the email message have been sufficiently verified.
Contact Details
If you have any questions, complaints, or comments after reading these General Terms and Conditions, please contact us by email or letter:
DiDO Bikes
Kingdom Of Saudi Arabia, 8584 Prince Faisal Bin Bander Street, Riyadh, Saudi Arabia
Registered Company: Dido bikes