1. General Notes
1.1. All orders placed by customers through the online store www.swiftcarbon.com, e-mail and social media, are subject to these general conditions of contract.
1.2. The offer of products in the online store is only to end customers. For the purposes of this contract, "anyone who provides goods, services or transfers any rights, intended for non-professional use, by a person who carries out an economic activity aimed at obtaining benefits, shall be deemed to be a consumer." (Law nº 24/96 of 31st of July, article 2, nº 1, of the Portuguese Republic) and “it is considered company, any entity engaged in an economic activity consisting in offering goods or services in a market”, regardless of your legal status and your method of financing.” (Law nº 19/2012, of 8th of May, article 3, nº 1, of the Portuguese Republic).
1.3. The use of this online store gives the user the status of end customer and implies its full and unreserved acceptance of all provisions included in these General Terms and Conditions, valid at each moment in which the final customer accesses the online store.
1.4. SwiftCarbon reserves the right to change these General Terms & Conditions without prior notice.
1.5. The constant contractual proposal of the online store is directed only to persons over the age of 18 years, allowing the customer service that can be used by the users of legal age with full contractual capacity and who, therefore, be responsible for the commitments resulting from the purchase and sale.
2.1. By placing an order in the online store, the end customer remains bound by the terms of the selected articles and services within five days of the order date. After this period, SwiftCarbon reserves the right to update the values of the articles and services. In this case, and after the five days, if the final customer wishes to finalize the purchase, he will have to assume the value updated and visible in the online store at the time of order confirmation.
2.2. The end user can register and authenticate or enter as guest to the online store, where you must accept these General Terms & Conditions.
2.3. The filling of data and the provision of information by the customer, as well as the respective verification, are exclusive responsibility of the customer.
2.4. The online store provides the following methods of payment: Credit Card, PayPal, Visa and Mastercard and Bank Transfer (IBAN).
2.4.1 (South Africa) Card transactions will be acquired by SwiftCarbon via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the stictest form of encryption, namely Secure Socket Layer 3 (SSL3) an no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
2.4.2 Costumer details will be stored by SwiftCarbon separately from card details which are entered by the client in PayGate's secure site. For more detail on PayGate refer to www.paygate.co.za.
2.5. After order confirmation by the customer, SwiftCarbon will confirm it by email, which will be send to the email provided by the customer.
2.6. Within 24 hours after sending an electronic message to the final customer, the payment of the order will be confirmed by SwiftCarbon, being issued and sent to the customer its invoice with purchased items, which will also be visible and available for download in the Customer's Personal Area at www.swiftcarbon.com.
2.7. The confirmation of payment by SwiftCarbon, within the indicated period, without any opposition on the part of the final customer is assumed, contractually, as acceptance of the order.
2.8. Any customer is authorized to cancel the order within a maximum of 14 days after the date of delivery of the order, under the right of free resolution (Decree-Law n.º 24/2014, of 14th of February) and in accordance with the return policy, which is provided to you in conjunction with the confirmation of the receipt of the order.
3. Order Shipping
3.1. SwiftCarbon assumes only the timely and correct shipment of the product to the carrier, and is not responsible for the delays caused by it. The estimated time for sending the order in the online store is therefore not binding.
3.2. SwiftCarbon will ship the order to the customer within 12-15 days after receiving the payment of it, being the time of transport total responsibility of the contracted carrier for this purpose.
3.3. If the product is visible in the online store as "Sold Out", the customer can request an email alert when the product is available again. When you receive this alert, SwiftCarbon guarantees the delivery of the product to the customer until 24h after receiving the payment of the order, being the time of transport total responsibility of the contracted carrier for this purpose.
3.4. The customer can monitor the status of the shipment through the platform of the carrier responsible for it. After confirmation of the order payment, will be sent a link to the costumer allowing the tracking of the order. From here, the customer can follow the entire process from the SwiftCarbon factory to delivery in the address previously indicated by the customer.
3.5. If the customer is not available to pick up the order, it is his total responsibility to contact the carrier and mange a new delivery date. The carrier contacts can be found on the delivery attempt notice left in the customer's address.
3.6. Any costs generated by the matter of customs regulation and procedure at the country of destination shall be fully borne by the customer.
3.7. The packaging is total free of charge.
4. Prices and Payments
4.1. The prices mentioned in the online shop include VAT at the legal rate and are valid only for Europe.
4.2. During the order process, will be provided to the customer the shipping costs.
4.3. The shipping of the order is made only after payment (as indicated on the order form). After payment, the customer will receive an email with the purchase invoice.
5. Property Reservation
5.1. SwiftCarbon reserves the right to the ordered product until full payment of the order price (including VAT), as well as the associated shipping cost.
6. Insurance and Risk Transfer
6.1. SwiftCarbon bikes are fully assembled and adjusted by qualified technicians at the brand's factory. The specific components (wheels, seatpost, saddle and handlebar) are removed for safety reasons prior to shipment. For this reason, the customer must assemble these parts after receiving the bicycle. An instruction manual for the assembly and the necessary tools are provided with the bicycle. A video on how to assemble these components is also available on the SwiftCarbon website. Whenever necessary, you can contact the brand by phone through the Customer Service Support (+351 961 429 622).
6.2. Any customs duty will be borne by the customer.
6.3. SwiftCarbon reserves the right to choose the type of shipment and the shipping company.
7. Exchanges and Returns
7.1. If the product supplied presents a manufacturing defect, the customer may require the correction of the defect or the supply of an equal product without defect.
7.2. The customer has 30 days to return a product, as of the date of delivery of the product, without any associated cost, as long as it does not show evidence of use and is returned in the same box used for shipping. In case of damage caused by bad packaging of the product by the customer, SwiftCarbon reserves the right to refuse acceptance of the return and will charge the shipping costs to the customer.
7.3. The customer can always return the product purchased or replace it for any other product available in the online store, within 30 days after the confirmation provided in section 2.6.
7.4. The exercise of the right provided in the previous point, only occurs when the customer has not made effective use of the product purchased, reserving to SwiftCarbon the right to make the equipment exchange possible, after verification of the state of use of the same.
7.5. If, through the exercise of the right provided in the point 7.3., the customer requests the exchange of his product for another whose price is higher than the purchased product, he shall proceed to payment of the remaining amount by bank transfer to the IBAN that will be provided to him after the completion of the exchange form.
7.6. When, through the exercise of the right provided in the point 7.3., the customer requests the exchange of his product for another one whose price is lower than the purchased product, SwiftCarbon will issue a credit note, within a maximum period of 15 days, and will return the remaining amount to the IBAN indicated by the customer.
7.7. The shipping costs resulting from the conditions mentioned in the point 7.3, shall be borne by SwiftCarbon.
7.8. The exercise of the right mentioned in the point 7.3. will be made in accordance with the return policy, which is provided to the final customer together with the confirmation of the receipt of the order.
8.1. The bikes are covered under a two-year legal warranty plus a voluntary guaranty for additional four years, resulting in a six years of guarantee in total.
8.2. To get the additional four years of voluntary warranty, the customer must register the bike in our online store, here.
8.3. The additional voluntary warranty of four years is valid only for bikes sold from 1st of March of 2018.
8.4. Branded components (excluding SwiftCarbon brand - frame and fork), have two years warranty.
8.5. The bike has two years warranty for painting defects.
8.6. The warranty excludes wearing parts, such as bearings, seals, cables, cable housing, all lubricants, oil, grease and brake fluid, chain, sprocket, chainrings, brake pads, tyres, bar grips and bar tape, derailleur hangers, among others.
8.7. The warranty does not apply to damages resulting from improper use by the customer, such as:
- Negligence (insufficient maintenance and conservation);
- Assembly and modification of components in any part of the bike that have not been expressly authorized by SwiftCarbon;
- Changes in painting;
- Another type of excessive effort.
8.8. If the defect implies the replacement of the frame and/or the fork, they will be replaced in the same colour, according to availability. Otherwise, the replacement will be done in another colour.
8.9. Guarantee services do not cover any other services (such as assembly and shipping) or any additional assembly costs and material resulting from a change to the model. These costs will be supported by the customer under the guarantee.
8.10. The warranty applies only to the first owner of the product, according to the customer mentioned on the purchase invoice.
8.11. If the customer changes any component of the bicycle, within the warranty period, without prior notice to SwiftCarbon of this change, he immediately loses the product warranty. E.g. If the customer changes the tire size. Our bikes go out of production with 700x25 tires, if the customer decides to change to another tire size, he must inform SwiftCarbon, otherwise he will lose the bike's warranty.
9.1. SwiftCarbon is not liable for any damages caused by the product and that are caused by wilful or negligent origin.
9.2. Requests for warranty or return by the customer will be denied due to defects in the product if it does not prove the defect within 15 days after the claim of the product.
10. Data Protection
10.1. SwiftCarbon has the right to process and save the data relating to its purchase contracts, if this is necessary for the preparation and execution of the purchase contract and as long as it is required by law to keep this data.
10.2. SwiftCarbon undertakes not to transmit personal data to third parties without the express authorization of the customer, unless it is required by law to disclose it.
10.3. SwiftCarbon is not authorized to collect, transmit or otherwise process the customer's personal data for purposes other than those provided for in the contract.
11. Applicable law
11.1. The purchase agreement entered into between SwiftCarbon and the customer shall be managed by the laws of the Portuguese Republic, depending on the mandatory regulation of private international law, excluding the United Nations Convention on Contracts for the International Sale of Goods.
11.2 Any dispute or claim regarding SwiftCarbon or its products, sold through this website or otherwise, shall be subject to the sole jurisdiction of the Judicial District of Gondomar, in Portugal.
SWIFTCARBON GLOBAL, LDA.
Commercial Registration (VAT number): 514 379 740
RAL entity: Centro de Informação de Consumo e Arbitragem do Porto (CICAP)