General Terms and Conditions (28/12/2023)
Introduction to Loopz Services
Welcome to Loopz – the hassle-free, subscription-based cycling journey for your little ones! At Loopz, we specialize in providing a flexible and convenient subscription-based service for children’s bicycles. Our platform connects parents with an array of quality bicycles from our partner stores, tailored to suit children of all ages. We are committed to making cycling accessible, enjoyable, and hassle-free. Our service allows for easy bike exchanges as your child grows, ensuring they always have a bike that fits perfectly. Our model emphasizes not just convenience but also the highest standards of safety and quality, with each bicycle meticulously maintained for a top-notch riding experience.
Here’s the essence of what we offer in a nutshell:
- Choose and Cycle: Pick from a variety of children’s bikes, for a flat monthly fee.
- Grow and Exchange/Swap: We expect and encourage bike exchanges as your child grows. It’s all part of the plan!
- Quality and Care: Every bike is meticulously maintained by our partner stores, ensuring your child gets a top-notch riding experience.
- Freedom to Cancel: Your flexibility is key – after the initial period of twelve (12) months, cancel when you need to. If a bike needs to be returned to us, we’ll just ask for a nominal fee to cover the exchange/swap.
Now, while we strive for simplicity, it’s important to note that the summary above is just the warm-up. This summary is for convenience only and does not replace the full Terms of Service that you’ll find below. It’s important to understand that when you use Loopz, you’re agreeing to all the terms and conditions that are detailed below. So, while we keep things straightforward here, the nitty-gritty details that protect both of us are found in the complete Terms of Service.
Ready to dive in? Let’s ride!
- Definitions and Interpretation
1.1. For the purpose of this Agreement, the following terms shall have the meanings specified below:
- Effective Date: The date on which the Customer consents to the terms and conditions of this Agreement.
- Initial Term: Refers to a fixed term of twelve (12) months commencing on the Effective Date, after which the Agreement shall be deemed to continue on a month-to-month basis unless terminated according to the terms outlined herein.
- Monthly Subscription Fee: The recurring monthly charge levied by Loopz for the Customer’s use of the Rental Items, as more fully described in Clause 4 of this Agreement.
- Partner Bike Shop: Denotes any bicycle shop that has been formally authorized by Loopz to distribute Rental Items to the Customer under the terms of this Agreement.
- Scope of Application
2.1 These General Terms and Conditions (hereinafter referred to as “GTC”) in the version valid at the time of the Customer’s order apply to all rental Contracts concluded via the online shop www.loopz.bike.
2.2 The rental Contract (the “Agreement”) is made and entered into on the date set forth in the Subscription Sign-up Form, by and between Subscription Studio SRL, trading as Loopz, a company incorporated under the laws of Belgium, with its registered office at Avenue Louise 209 A, 1050 Brussels, Belgium (hereinafter referred to as “Loopz”), and the individual whose details are set out in the Subscription Sign-up Form (hereinafter referred to as “Customer”).
2.3 In this shop, Customers can conclude legally binding rental Contracts with Subscription Studio SRL for children’s bicycles and other products (individually or collectively also referred to as “Rental Item” or “Rental Items”).
2.4 By ordering a Rental Item, the Customer expressly recognizes the validity of these General Terms and Conditions.
2.5 These GTC apply exclusively. Terms and conditions that conflict with or deviate from these GTC are expressly rejected unless Loopz has expressly agreed to their validity in writing in individual cases.
- Conclusion of the Rental Contract
3.1 Loopz offers the Rental Items shown online for hire. The colour representation on the website may vary slightly depending on the Internet browser used and the Customer’s screen settings; these deviations are technically unavoidable. Conclusion and processing of the Contract are carried out in English.
3.2 Loopz submits a binding offer for the services presented online. By clicking the “Pay” button, the Customer submits a binding offer to conclude a rental Contract, provided that he/she has previously agreed to these GTC by ticking the box provided for this purpose and has taken note of the cancellation policy. Loopz confirms the conclusion of the Contract by e-mail (Contract confirmation). The “Pay” button can be in a different language, depending on the language chosen by the Customer to navigate the website (e.g. “Payer”, “Betalen”, etc.). Before accepting the Contract offer, the Customer is shown an overview of the data recorded for their order, including the key features of the Rental Item. At this point, the Customer has the opportunity to check the data for possible input errors and, if necessary, to go back one or more steps in the order process to change the data or cancel the process altogether.
3.3 The receipt of the Customer’s order will be confirmed immediately by email, whereby the order confirmation by Loopz does not constitute acceptance of the offer. It merely serves to inform the Customer that the order has been received and contains the legally required information about Loopz as a potential rental Contract partner and these GTC with cancellation policy in the event that a Contract is concluded.
- Services provided by Loopz
4.1. Loopz agrees to rent out the Rental Items to the Customer under the stipulations of this Contract.
4.2. The Partner Bike Shop is responsible for ensuring that the Rental Items are in good working condition at the initiation of the Contract.
4.3. The rental fee covers the hire of the Rental Items and access to the Exchange program.
4.4 The Rental Items are only provided to the Customer on a rental basis. Loopz or its partner bike stores are and remain the owners of the Rental Items. Ownership is not transferred to the Customer. The Customer is not authorized to establish rights for third parties (transfer of ownership, etc.) to the Rental Items.
4.5 Loopz and its partners are obliged to maintain and repair the Rental Items if the wear and tear of the respective Rental Items is attributable to its intended use by the Customer. Service due to excessive use or wilful or grossly negligent or intentional damage to Rental Items is excluded.
- Use of Rental Items and Obligations of the Customer
5.1 The Rental Items are to be used only for personal, non-commercial purposes and in accordance with the Loopz’s instructions and applicable laws.
5.2 The Customer agrees to use the Rental Items responsibly and in accordance with all relevant laws and safety guidelines.
5.3 The Customer will not modify, sell, or offer the Rental Items for hire to any third party.
5.4 Despite careful assembly, careful cleaning, and careful inspection of all components by Loopz, it is recommended to check and retighten the screws and connecting elements and to check that no parts are missing.
5.5 The Customer is obliged to treat the Rental Items with care. The Customer is obliged to store the bike in a dry and non-humid place when it is not being used.
5.6 The Customer is obliged to inform himself about the proper and correct use of the Rental Items in accordance with the respective safety requirements before using it and must ensure such use.
5.7 The Customer may only use the Rental Items for private and personal use.
5.8 The Customer is authorized to clean the Rental Items or have it cleaned.
5.9 The Customer is not authorized to make any changes to the Rental Items that damage its substance and cannot be removed without damaging it.
5.10 The Customer is not authorized to make changes of any kind, in particular to carry out repairs or to remove labels.
5.11 In the event of willful damage to or loss of the Rental Items, the Customer must compensate for the damage incurred.
5.12 At the end of the Contractual relationship, the Customer is obliged to return the Rental Items, including any accessories, in due time and in proper condition (used in accordance with the Contract).
5.13 The Customer is obliged to inform Loopz immediately by email or telephone if the Rental Items have been involved in an accident, another event causing damage, or has a defect or damage.
- Payments
6.1 The prices quoted in the online shop for the Rental Items include the applicable VAT within Belgium.
6.2 Various payment options are offered in the online shop, between which the Customer can choose, whereby Loopz reserves the right at any time to no longer offer certain payment methods and to refer to other payment methods.
6.3 The Customer must pay the agreed monthly rental price in advance by the third working day of each new rental month, whereby the start date of a new rental month is determined by the respective day of pick-up of the Rental Item.
6.4 Chargebacks of credit card debits for which the Customer is responsible shall entitle Loopz to charge the Customer for any fees incurred. These may vary depending on the payment method and credit institution.
- Pick-Up and Return of Rental Items
7.1. The Customer shall pick up the Rental Items from the Partner Bike Shop as detailed in the Confirmation Email sent out to the Customer on the Effective Date. The Customer acknowledges that no delivery service is provided and is responsible for the transportation of the Rental Items.
7.2. The Customer is expected to inspect the Rental Items upon pick-up and promptly report any defects to Loopz.
- Maintenance and Repair
8.1. The Customer is responsible for keeping the Rental Items in a reasonable condition throughout the Contract.
8.2. Any repair costs due to damages beyond normal wear and tear will be borne by the Customer unless covered by a separate maintenance package offered by Loopz.
8.3. As an additional option, the Customer may choose to subscribe to the Loopz’s Maintenance Pack for an additional fee as set out on the website.
8.4. The Maintenance Pack covers the costs of repairs and accidental damage to the Rental Items. This does not cover loss or theft unless explicitly stated in the Maintenance Pack terms. The Maintenance Pack does not cover any damages and liabilities to the Customer or any third party.
8.5. If the Customer does not subscribe to the Maintenance Pack, the Customer is responsible for any repair costs due to damage beyond normal wear and tear.
- Insurance and Liability
9.1. The Customer is strongly recommended to subscribe to the Maintenance Pack for the Rental Items.
9.2. The Customer agrees to indemnify the Loopz from any loss or damage arising from the use or possession of the Rental Items.
- Contract Term, Cancellation
10.1 The Contract shall commence on the date agreed when the order is placed and shall initially run for six (6) months. The rental period shall be automatically extended by a further month in each case if the Contract is not cancelled within 2 weeks before the end of the Contract period, and the Rental Item is not returned within 3 days of the end of the rental period. The Customer must ensure that the timeliness of the return is adequately documented. Receipt by Loopz is decisive for the timeliness of the cancellation notice.
10.2 Either party may terminate the Contract by giving two weeks’ notice to the end of the current Contract term; after the initial period of 6 months.
10.3 The right of each party to extraordinary termination for good cause remains unaffected.
10.4 Any cancellation must be in text form to be effective; alternatively, the Customer can use the cancellation form in their online Customer account.
- Extraordinary Termination
11.1 Both Contracting parties are entitled to terminate the Contract without notice for good cause if the other Contracting party breaches its Contractual obligations to such an extent that the other party can no longer reasonably be expected to continue the Contract.
11.2 An important reason for cancellation for Loopz exists in particular (not conclusively) if the Customer is in arrears with the payment of an amount equivalent to at least two months’ rent, enforcement measures are taken against the Customer, the Customer is insolvent, in danger of becoming insolvent or over-indebted within the meaning of the Insolvency Code, the Customer uses the Rental Items in a manner that is significantly contrary to the Contract despite a warning from Loopz, the Customer repeatedly makes unauthorized use of the service offered despite a warning from Loopz, even though there is no service case (no relevant wear and tear of the Rental Item or wear and tear due to improper use/intentional damage and/or destruction).
11.3. Loopz may terminate this Agreement with immediate effect if the Customer breaches any of these terms.
11.4. Upon termination (by any Party), the Rental Items must be returned in the condition as received, apart from normal wear and tear, unless the Customer has subscribed to the Loopz’s Maintenance Pack, which covers accidental damage as per the terms specified.
11.5. Loopz may, upon such default, avail itself of all remedies under this Agreement or law, including terminating the Agreement and reclaiming the Rental Items.
11.6. The Customer may cancel its Contract via the Customer portal and arrange for the return of the Rental Items. A Contract will only be considered cancelled (and thus impact the rent payments due) once the Rental Items have been returned to the bike store and the bike store has sent out the confirmation of return email.
11.7. A cancellation fee may apply as stipulated on the website.
- Loss and Theft
12.1 In the event of theft or vandalism of the Rental Items, Loopz shall provide the Customer with a replacement Rental Item for a one-off fee upon proof of reimbursement of a fee payable upon continuation of the Contract. The applicable fee will be based on the new price, which can be found in Appendix 1 reduced by the number of monthly payments already made.
12.2 The Customer will be held liable for the retail value of the Rental Items in the case of loss or theft.
12.3 If the Rental Items is seized or confiscated from the Customer or if the Rental Items comes into the possession of a third party in any other way, Loopz must be informed immediately.
12.4 The Customer is responsible for the safekeeping of the Rental Items during the Contract Term. In the event of loss or theft, the Customer must notify the Loopz and the local Police within 24 hours of the incident.
- General
13.1 The law of Belgium shall apply exclusively.
13.2 In the event of disputes regarding Contractual obligations arising from online Contracts between Loopz and the Customer, Loopz informs that the European Commission has developed and offers a portal for online dispute resolution (ODR platform) so that disputes between sellers/service providers and consumers can be settled out of court. The ODR platform can be accessed via the following link: https://ec.europa.eu/odr. The Customer can use this platform to submit a complaint regarding the online purchase Contract or online service Contract. The above-mentioned page https://ec.europa.eu/odr contains all the necessary information regarding the submission of a complaint and the corresponding procedure.
Loopz is neither willing nor obliged to participate in a dispute resolution procedure before another consumer arbitration board.
- Right of Cancellation
14.1 Cancellation policy
You have the right to cancel this Contract within fourteen days without giving any reason.
There is a minimum commitment of twelve (12) months during which Customers cannot cancel their Contract. After those twelve (12) months, the Customer can cancel the Contract.
In order to exercise your right of cancellation, you must inform us (Loopz, email: hello@loopz.bike) of your decision to cancel this Contract by means of a clear statement (e.g. an email). You can use the attached sample cancellation form, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired. You must return or hand over the Rental Items immediately and in any case no later than 3 days from the day on which you inform us of the cancellation of this Contract. The deadline is met once the Rental Items are returned to the bike store and the bike store sends out confirmation of return.
14.2 Sample cancellation form
You can use the sample cancellation form below to exercise your right of cancellation:
To Loopz, e-mail: hello@loopz.bike
I/we () hereby cancel the Contract concluded by me/us () for the rental of the following Rental Items
Ordered on ():____________________/ picked up on ():_____________________
First name, surname of the consumer(s) __________________________________
Address of the Customer(s): ________________________________________
Street, house number, postcode, town, country: ___________________________________________
Signature of the Customer(s) (only for notification on paper) ___________________________
Date ____________
Appendix
- List of Rental Items and their new price
Name | New Price (€) |
PUKY | |
Puky LS-Pro 16 | 389 |
Puky LS-Pro 18 | 409 |
Puky LS-Pro 20 | 479 |
Puky LS-Pro 26 | 549 |
Puky Cyke 16 | 329 |
Puky Cyke 18 | 329 |
Puky Cyke 20 | 499 |
Puky Cyke 24 | 599 |
Puky Cyke 26 | 599 |
Puky Youke 12 | 259 |
Puky Youke 16 | 279 |
Puky Youke 18 | 289 |
Puky Skyride 20 | 539 |
Puky Skyride 24 | 609 |
Puky Skyride 26 | 709 |
Puky Steel Classic 12 | 259 |
Puky Steel Classic 16 | 279 |
Puky Steel Classic 18 | 289 |
CUBE | |
Cubie 160 | 439 |
Cube Acid 200 ActionTeam | 549 |
Cube Acid 200 | 449 |
Cube Acid 240 | 469 |
Cube Acid 240 disc | 499 |
Cube Ella 200 | 519 |
Cube Acid 260 | 619 |
SCOTT | |
Scott Roxter 16 | 379 |
Scott Scale 16 | 449 |
Scott Scale 20 | 449 |
Scott Contessa 24 | 599 |
Scott Scale 24 | 599 |
Scott Contessa 26 | 749 |
WOOM | |
Woom 1 | 229 |
Woom 2 | 409 |
Woom 3 | 459 |
Woom 4 | 539 |
Woom 5 | 589 |
Woom 6 | 649 |
Bemoov | |
Bemoov M12 | 199 |
Bemoov M14 | 369 |
Bemoov M16 | 399 |
Bemoov M20 | 499 |
Bemoov M24 | 549 |