Welcome to The Happy Cyclist!
These terms and conditions outline the rules and regulations for the use of The Happy Cyclist located at 38 rue Adolphe Fischer Luxembourg, registered under the Luxembourg Business Register RC: B265670, The Happy Cyclist’s website located https://www.thehappycyclist.eu/
By contractually engaging with The Happy Cyclist and accessing this website we assume you accept these terms and conditions. Do not continue to use The Happy Cyclist if you do not agree to take all of the terms and conditions stated on this page. By signing up to a “membership” or “package”, you contractually bound to the following terms and conditions.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Individual Client, Business Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Grand-Duchy Luxembourg. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Individual Client
Interventions are defined as the following: 1 intervention = 1 repair on 1 service area on 1 bicycle.
For example, if a bicycle needs its brake pads and chain to be serviced, it will be considered as 2 repairs
Apart from the “FAMILY” subscription, beneficiaries of the “BASIC”,“PRO-PLUS”, and “BUSINESS” subscription can only be linked with one physical individual; no other individuals or bicycles from individuals other than the Individual Client or beneficaries of the Business Client can be linked to the subscription. The Company may request proof of identification upon arrival to the service point to validate Individual Client or beneficiary of the Business Client identity.
Update from 01/06/2022: BASIC membership users will be eligible to only register 1 bicycle in their name.
Each Individual Client, depending on the existing membership, will be entitled to have his/her electrical or mechanical bicycle repaired on its location of choice in Luxembourg. The Company can decline a request for repair if the location is outside the borders of the Grand-Duchy of Luxembourg. Moreover, a location designated for a repair request must be an area safe enough and legally allowed to be accessed by a motorized utility vehicle. 1 repair is equal to 1 intervention.
Transport fees are applicable whenever an intervention is needed. They vary according to the Luxembourg district in which the intervention is needed.
The fees before tax go as followed:
-Luxembourg: 15,00€
-Esch: 27,50€
-Wiltz: 45,00€
-Clervaux: 55,00€
-Remich: 30,00€
-Mersch: 27,50€
-Echternach: 35,00€
-Redange: 35,00€
-Diekirch: 40,00€
-Vianden: 45,00€
-Capellen: 25,00€
-Grevenmacher: 27,50€
The Company strives to make cycling affordable and accessible to all. In that sense, the Company does not make any excessive profits on the sale of spare parts used to perform the intervention. The Individual Client can provide his/her own spare parts to repair or fix the problem arising with an intervention. The Company can refuse the use or installation of a spare part/component provided by the Individual Client if the item(s) is(are) not compatible, safe, or reliable to solve the problem.
Once the repair has been performed at the preferred location of the Individual Client in the Grand-Duchy of Luxembourg, the Individual Client will be directly asked to pay for the spare part/component used during the intervention. The Individual Client can use various modes of payment including cash, Digicash, Paypal, Satispay, or bank transfer. In the event the Individual Client uses a bank transfer as a mode of payment, a debit advice will be asked by the Company. In the event the Individual Client cannot pay directly for the spare part(s)/component(s), the Individual Client will have to perform the payment within 7 calendar days.
A detailed bill will be provided by the Company once the payment has been made by the Individual Client.
Businesses
The Company also offers its services to businesses as Clients, whether that is to diagnose, maintain, and repair the existing bicycle fleet of its Business Client, or if the Business Client wishes to offer this service to its employees and collaborators.
The same terms and conditions apply to Business Clients as they do for Individual Clients except of the following:
- A 25% markup per type of membership will be charged to Business Clients if the type of bicycle is electrical or electrically assisted
- The duration of contract can vary with business Clients and can be tailored to the needs of the Business Client. However, a minimum engagement period of 6 months or 180 days must be respected
- When the Business Client offers this service to its employees or collaborators, it is the responsibility (except if stipulated otherwise by the Business Client) for the beneficiary of the service (i.e. collaborator or employee) to pay for the spare parts used during a specified intervention. Any non-payment of the spare part(s) within 7 calendars is a violation of the agreement and considered as theft. The Business Client will not be held accountable in the event the employee/collaborator does not perform the payment for spare part(s). However, the Business Client will be notified that its employee/collaborator has not made the payment.
- A breach of contract below the 12 months period or 365 days is acceptable if the beneficiary/employee/collaborator is no longer working with the Business Client. The remainder of the subscription will not have to be paid upon proof that the employee/collaborator longer has contractual ties with its former employee (i.e. Buiness Client). The Business Client must notify the Company that a beneficiary is no longer linked with the Business Client.
We employ the use of cookies. By accessing The Happy Cyclist, you agreed to use cookies in agreement with the The Happy Cyclist ‘s Privacy Policy. (see below)
Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.
Unless otherwise stated, The Happy Cyclist and/or its licensors own the intellectual property rights for all material on The Happy Cyclist. All intellectual property rights are reserved. You may access this from The Happy Cyclist for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
- Republish material from The Happy Cyclist
- Sell, rent or sub-license material from The Happy Cyclist
- Reproduce, duplicate or copy material from The Happy Cyclist
- Redistribute content from The Happy Cyclist
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. The Happy Cyclist does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of The Happy Cyclist ,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, The Happy Cyclist shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
The Happy Cyclist reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
- The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant The Happy Cyclist a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
The following organizations may link to our Website without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
- System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources;
- dot.com community sites;
- associations or other groups representing charities;
- online directory distributors;
internet portals; - accounting, law and consulting firms; and
educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of The Happy Cyclist ; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to The Happy Cyclist . Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
- By use of our corporate name; or
- By use of the uniform resource locator being linked to; or
- By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of The Happy Cyclist ‘s logo or other artwork will be allowed for linking absent a trademark license agreement.
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
Disclaimer
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
limit any of our or your liabilities in any way that is not permitted under applicable law; or - exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.