Smettly Shop – Terms and Conditions

Please read these Terms and Conditions carefully. By using the website getfinn.com and/or by placing an order, you agree to be bound by these Terms and Conditions (“Terms”) which constitute a legally binding agreement between you and Smettly GmbH (“We”, “Us” or “Our”). These Terms apply to your use of this website (the “Site”) and the products we offer. If you do not agree with these Terms you may not use this Site and must discontinue use and exit immediately.


Eligible Use

You may use this Site and/or place an order only if you are legally capable and legally permitted to do so. To place an order you must be at least 18 years of age and if younger, you must obtain the prior permission of your parent or legal guardian. It is your responsibility to ensure that your use of the Site and/or Services complies with all applicable laws.


Placing orders

All orders are subject to availability. All prices are quoted in Euros (€) and include Value Added Tax (VAT). Unless otherwise indicated, the prices on this website exclude, where applicable, import duties, postage, packaging, shipping and handling. Prices and product availability are subject to change without prior notice. Prices may be changed up to the time of delivery.

To place an order you must provide your name and current email, billing and delivery address. You must ensure that you provide accurate, complete and correct information including complete billing and delivery information. By placing an order, you represent and warrant that you will be able to accept delivery of the product(s) at your specified delivery address.

We will confirm receipt of your order when received. Orders will be processed within 48 hours from receipt. Your order constitutes a contractual offer for us to sell and supply the product(s) to you. A contract will come into force between you and us in accordance with these Terms when we accept your order and the products are dispatched to the address you provide.


Payment

You agree to pay for the product(s) you order. Acceptable payment methods are indicated on this website. We may withhold the product(s) and/or cancel the contract between us if full payment is not received from you. You are responsible for any applicable bank, transfer or payment service provider charges.


Delivery of Products

Delivery will be by post or courier within 30 days of the Shipping Confirmation (subject to any events that are beyond our reasonable control). Ordered products shall be delivered to the address you specify as the delivery address. Please ensure this is complete and accurate. If paying by Paypal, the delivery address should be the registered PayPal account address.
We use best efforts to ensure delivery in a timely manner. Delivery method will depend on the dispatch address. We shall keep you informed as to delivery status. However, we cannot guarantee delivery by a specific date and delivery time shall not be essential to these Terms. If you do not accept delivery of the product(s) or provide incomplete or incorrect delivery instructions, we may cancel your order and retain the product(s) in which case you will remain liable for delivery and other incurred charges.

Shipping and handling: All packages are shipped by mail or courier and. Shipping costs are calculated based on your input during the ordering process.


Cancellation, Replacements & Refunds

You may cancel your order any time before they are dispatched to you. You may also cancel your order up to 14 working days after delivery of your product(s).

If you wish to cancel an order you must:
Notify us in writing by emailing info@bikecitizens.net, return the product(s) to us within 30 days of receipt, in the same condition as delivered to you. This means the product(s) must be returned in its original packaging and must not have been damaged, soiled, used or altered by you. If you wish to cancel your order after the 14 day period described above, you must email us a photo of the product(s) and explain why you would like a refund. Such refunds shall be subject to our discretion.

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All returns must be sent to:​

Smettly GmbH
Betriebsstraße 21
4224 Wartberg ob der Aist
AUSTRIA

Once the above procedure is followed we will provide a full refund to you including the outbound delivery cost to you. Products must be returned at your expense.


Prohibited Use

You agree not to do any of the following which strictly prohibited:

  • provide any information that is false, misleading, inaccurate, or incomplete upon placing an order,
  • interfere with the enjoyment of others of this website,
  • copy, adapt, modify, alter, port, reverse engineer, decompile, or disassemble, frame any portion of this website,
  • disrupt or interfere with the operation of or the servers or networks that host this website,
  • use bots, spiders or other automatic device, process or method to access this website,
  • data-mine, collect or harvest information or data about users of this website without their express consent,
  • use this Site for any illegal, unlawful or unauthorized purposes.

We reserve the right to suspend or terminate your access to this website for any reason at any time but especially for violation of the above and these Terms as a whole.


Your Data

Any information you provide to us will be used in accordance with our Privacy Policy which may be viewed on our website.


Force majeure

We shall not be responsible for our failure to perform or any delay in performance of any obligation by us hereunder due to events beyond our control, including but not limited to labour disturbances, accidents, fires, floods, earthquakes, telecommunications or internet failures, strikes, blocking of means of transport or supply, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond our reasonable control. The time for performance shall be extended by the period of such delay. We shall take all reasonable steps to mitigate the effects of the any force majeure event.


Trademarks & Intellectual Property

Finn’, the Smettly logo, the Bike Citizens brand and all other trademarks, service marks, graphics and logos used in connection with this website are trademarks or registered trademarks of Smettly GmbH or its subsidiaries (collectively the “Marks”). The Marks may not be copied, imitated or used, in whole or in part, without our prior written permission. All text, graphics, designs, logos, icons, images, audio and video clips, data compilations and information contained on this website is owned or controlled by Smettly GmbH and is protected by Austrian and international copyright laws. For the avoidance of doubt, all rights in GetFinn.com are owned by us. All rights reserved.


Disclaimer & Liability

We make no guarantee that this website is suitable for your intended use, error-free, reliable, timely, reliable, entirely secure, virus-free or available. We will do our best to get all orders dispatched as quickly as possible. We have no liability to you for any delay in the delivery of any product(s) ordered by you.

YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. IT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, DATA, PRODUCTS OR SERVICES ON THIS WEBSITE OR THE UNINTERRUPTED ACCESS PROVIDED TO OR IN CONNECTION WITH THIS WEBSITE.

YOU EXPRESSLY AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, ARISING OR RELATED TO THE USE OF THIS WEBSITE, THESE TERMS OR THE PRODUCTS WE OFFER, INCLUDING BUT NOT LIMITED TO, DAMAGE TO PROPERTY, LOST INCOME, LOST PROFITS, ECONOMIC OR COMMERCIAL LOSSES AND THIRD PARTY CLAIMS.

Our aggregate liability to you under the terms of sale will not exceed the greater of the total amount paid or payable by you to us under these Terms. Your statutory rights shall not be affected.


No Third Parties​

We offer products on this website for sale to persons dealing as consumers only. Products may not be resold without our prior written approval. No contractual rights shall be conferred on third parties. Your statutory rights shall not be affected.


Indemnity

By using this website you hereby indemnify and hold us (our parents, subsidiaries, affiliates, directors, officers and employees) harmless from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to legal and accounting fees, that arise from or relate to your use or misuse of, or access to this website or otherwise from your breach of these Terms. This indemnification obligation will survive these Terms


Assignment

You may not assign, change or dispose of these Terms or your obligations under these Terms without our express written prior consent. We reserve the right to assign, transfer, subcontract, charge and otherwise dispose these Terms or any or all of our rights and obligations under these Terms..


Changes

We reserve the right to modify these Terms at any time in our sole discretion by posting the updated Terms on this website. Please check this space regularly for any such changes. You shall be responsible for reviewing and becoming familiar with any such changes. Continued use of this website constitutes your acceptance of these Terms as updated. The Terms posted on this website as at the date you place your order will govern your order request.


Severance and Waiver

In the event any provision of these Terms is held by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, in any respect, the validity, legality, or enforceability of the remaining terms and conditions contained herein shall not in any way be affected or impaired. In such event, you agree that any such invalid provision shall be validly reformed by the court to as near as possible to the original intent of the provision, and if not reformable, shall be severed and deleted from these Terms.


Governing Law & Language

This Agreement shall be governed by and construed in accordance with the laws of Austria without regard to the conflict of laws provisions thereof. Any dispute between us will be resolved exclusively in the Courts of Austria. These Terms are drafted in the English language and if translated into another language the English version shall prevail.


If you have any questions or comments, please contact us at info@bikecitizens.net

Date: March 23, 2023