Terms of Use
Last modified on: September 1, 2024
These Terms of Use (‘Terms’) constitute a legally binding contract between you as a user (‘User’ or ‘you’) of our Services as prescribed below and us, Ponomarets Bikes GmbH, registered under the laws of Germany and located at Berthold-Haupt Str. 111, 01259 Dresden, Germany, VAT ID No. DE360424756, registration number HRB 43715 (‘we’, ‘Company’, ‘us’) as the owner of the Services.
The Services include the website www.ponomarets.com and the pages related to it (‘Website’, or ‘Services’) using which we promote and sell our eBikes (‘Product’).
Privacy and Data Protection: The Company is committed to protecting your privacy. To find out how we collect, process your personal data, and what your rights are regarding your personal data, please see our detailed Privacy Policy. This policy complies with the General Data Protection Regulation (GDPR) and outlines your rights to access, correct, delete, and restrict processing of your personal data, among others.
Should you have any questions regarding the use of the Website, these Terms, or any other services provided by us, please contact us at info@ponomarets.com.
(I) Concluding an Agreement
The Terms govern your rights and duties concerning your use of the Services we provide. Please read these Terms carefully before using our Services.
Accepting the Terms. Generally, you agree to be bound by the Terms by accessing our Services. If you do not agree to be bound by the Terms, please do not use the Services. Making an order of the Products signifies your acceptance of the Terms and enters you into a legally binding agreement with the Company.
Agreement for the Products. By purchasing the Products, you enter into a separate contract with the Company based on these Terms. Your contract for the purchase becomes effective once you receive the email confirming your purchase, and the performance of this contract begins as soon as the purchase is complete under the procedure contained herein.
Eligibility. The Services are intended for persons above the age of legal majority. You hereby confirm that you have the full capacity under the applicable law of your residence to be bound by the Terms. Otherwise, your parents or guardians shall undertake all the consequences resulting from your acceptance of the Terms.
(II) Clauses in respect of selling of the Products
a. Prices and Payment
Price Components. The prices for our Products include statutory VAT. You are responsible for any public costs, including but not limited to customs duties and import taxes, where applicable. Additionally, you should bear all costs charged by your bank or financial intermediary necessary for the transaction. You will receive an email receipt after each successful payment, confirming the details of your purchase.
Form of Payment. Upon placing an order, you will be charged the full amount for the Product. This approach simplifies the purchase process, ensuring that we can immediately begin the assembly of your custom-made eBike. You will receive an email confirming your order, which will include details of the purchase, information on Product delivery, and any necessary subsequent instructions.
Payment Processing. All payments are securely processed through Shopify, our e-commerce platform partner. This provides a streamlined and secure checkout experience, utilising Shopify's robust infrastructure for payment processing. We encourage you to review Shopify's terms of service and privacy policies to understand how your payment information is handled. It's important to note that your financial relationship regarding payment processing is with Shopify, and not directly with our Company.
Amendments. We reserve the right to modify the prices of our Products and their specifications, such as composition and quality characteristics, from time to time. Any changes will be communicated through our Website, ensuring that you are always informed of the most current pricing and product details.
b. Shipping and Passing of Risk
Mode of shipment. The Products will be delivered to the address indicated by you at the time of the order. Unless specifically agreed otherwise, we shall be allowed to decide on the suitable mode of shipment and a carrier at our reasonable discretion. If the carrier is not able to deliver the Product, we will inform you by email. In such a case, you can have the Product delivered by another means of transportation.
Non-EU countries. Please note that shipments to non-EU countries may be subject to import duties, taxes, and other charges, which are the responsibility of the customer and must be paid upon delivery.
Separate components. Prior to shipment, some of the components, including wheels, seat posts, pedals, and handlebars, are removed for safety reasons. As a result, when you receive your bike, you must install these items by yourself. The bike comes with written instructions on how to install the respective parts and the essential equipment.
Delivery time. As a rule, it takes approximately 4 months from the moment you order an available Product to the time we send it. The delivery time is estimated and can be extended based on production schedules and other factors. We will keep you informed with regular updates throughout the crafting process of your eBike.
Passing of risk. The risk of accidental destruction, damage, or loss of the delivered Product shall pass to you upon delivery of the Product to you. If the Product arrives damaged or opened, it is recommended not to accept it and to indicate the reasons why on the delivery note. The incident must also be reported to us as soon as possible by contacting via email support@ponomarets.com.
c. Warranty
Warranty terms. It’s important to us that our Product is always in good condition, and that you remain completely satisfied with it. So, we care about every single Product that we make and build, and we want you to have confidence when purchasing our Product. That’s why we offer a two-year warranty against manufacturing defects to the original purchaser of our Product (elements of our product such as) starting from the moment of handing over the Product unless other terms of warranty are provided by the manufacturer (in which case you will be informed about the actual terms via email).
Our warranty only applies to the usual intended use. This means, in particular:
a) the Products are to be used on tarmac roads, bicycle routes, lite trails, and ways paved with lite gravel, sand, or similar materials;
b) you should, from time to time, use carbon paste and no grease;
c) the wheels must be in constant contact with the ground (no jumps, no riding on one wheel, no braking where the rear wheel loses contact with the ground);
d) you should always park your wheel carefully and prevent falling over;
e) you should clean and maintain with a soft cloth, warm water, and, if necessary, detergent; do not use high-pressure cleaners;
f) you should use appropriate torque;
g) you should take care while using u-bolt locks, they are not allowed to apply force to carbon tubes;
h) no loading the frame with a system weight of more than 120 kg. The system weight for a bicycle is calculated in particular from:
the tare weight of the bicycle itself, which includes, in particular, the wheels with tires and rims, the handlebars with the handlebar stem, the saddle, and the frameset as well as the paddles;
the body weight of the rider and any passengers, including clothing, for example, helmet and shoes;
the weight of the carrier, including luggage, such as panniers and backpacks;
weight of various attachments, e.g., bottle cage, filled water bottle, bike computer, bike lock, bike stand;
possibly a bicycle trailer to be towed with child and luggage.
The warranty on the Product cannot be extended or transferred to a third party.
Warranty claim. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and do not result in a major failure.
To make a claim, you should notify us by sending an email to support@ponomarets.com. You are required to provide the serial number of your eBike, the order number, proof of purchase, and your contact details in the email. Additionally, please describe the specific defects of the Product and attach photos of them.
We reserve the right to physically inspect the Product suspected of being faulty or defective.
We will process your warranty claim before asking for the Product or its element to be returned. We may request you for additional details to assist us with the processing of a warranty claim and are not in lieu of any physical inspection.
After reviewing and approving your warranty claim, when possible, we will do our best to repair or replace any faulty Product free of charge in the first instance where a fault has been identified. Replacements will be offered on a like-for-like basis where the value of the replacement goods will match the value of the faulty goods at the original time of purchase. While we will endeavour to offer an exact replacement, we cannot always guarantee that the replacement of products will be an exact aesthetic match the original in terms of style, colour, or graphics, all of which may change from time to time depending on the model. Replacements will be offered based on the stock availability at the time of a warranty claim.
Warranty exclusions. This warranty intends to ensure that the purchaser of any Product will receive a quality product, free of manufacturing flaws. This warranty should not be considered to be an insurance policy against any damage occurring after the products are received nor as explicit or implicit acceptance by us of responsibility for the consequences resulting from the failure of any products, parts, or components, irrespective of whether the failure itself is covered by this warranty.
This warranty does not cover the following:
damage caused by normal wear and tear;
damage caused by modifications or installation of incompatible components to the bike as sold;
damage caused by work carried out by third parties unless our agreed in writing;
damage caused by failure to follow the owner’s manual;
damage caused by use in commercial or competitive activities;
damage that is cosmetically arising over time (i.e. not apparent at the time of purchase);
corrosion;
damage caused by a crash, crush or impact damage;
damage or failure resulting from accident, misuse, abuse, neglect, improper care, assembly, lack of reasonable or proper maintenance;
damage caused by incorrect installation of replacement parts;
modifications.
Limitations. Unless otherwise stated below, any further claims are excluded. Thus the Company is not liable for losses not incurred at the supplied Product itself. Therefore, any warranty excludes cases of misuse, negligence or poor maintenance by you, such as normal wear and tear, an accident, and cases of force majeure.
The above limitation of liability shall not apply if the cause for the loss is based on intent or gross negligence or if the injury of life, body, or health is involved. Furthermore, the limitation of liability shall not apply to breach of a significant contractual duty.
The Company’s liability shall exceed the Product's purchase price in no event.
The provisions of the Terms give you specific legal rights, and you may also have other rights which vary from state to state and cannot be disclaimed under the applicable law.
d. Right to Cancel the Order
Right to cancel: You are entitled to exercise your right to cancel the purchase within 14 days of the date you receive the order (‘Return period’) and return the ordered Product without having to justify a reason in line with our returns policy. For orders of our Series 1 FOUNDERS EDITION eBike, which are custom-made, a non-refundable fee of EUR 3000 will be charged upon the order cancellation.
Informing of cancelling: To exercise your right to cancel, you must inform us of your decision to cancel this contract by a clear statement by sending an email to support@ponomarets.com. Please ensure to include your name, home address, details of the order you wish to cancel, and, where available, your phone number and email address.
Please note that return shipments must be covered by the customer. We may withhold a certain amount from the refund if the bike isn’t returned in its original condition, taking into account the decrease in value of any damaged or used items.
During the Return period, we advise against riding your new eBike in inclement weather, on rugged or dirty terrain, or on any extended rides until you are confident that you'll be keeping it. We also recommend retaining your bike box and original packaging intact for re-boxing. While we have every confidence you will be satisfied with our Product, if you do decide to return it, we encourage you to make your assessment as early as possible.
For the Product that is returned with signs of significant wear, damage, missing parts, and without original or sufficient packaging, we may charge a restocking fee. In particular, we are looking for:
signs of major use on chain/cassette;
any damages or scuffs to paint, decals, or components;
dirty bikes or components;
missing parts, insufficient or poor packaging.
If there is evidence of damage caused by improper use or accidents that render the Product unusable or unrepairable, the Company reserves the right to refuse a return and/or refund at its sole discretion.
All apparel and accessory returns will be processed once we have received and inspected that the items are in brand new condition with original packaging and/or tags.
Return address:
Ponomarets Bikes GmbH
Berthold-Haupt Str. 111
01259 Dresden, Germany
In case of a valid cancellation, we return all payments we received from you within 14 days. This period starts on the day we receive your cancellation request. Refunds will be done by the same payment method chosen when making the order unless otherwise agreed. In no case will we be charging fees for refunds. We can refuse refunds until the goods are back in our hands, or you can prove the goods have indeed been shipped back to us, whichever point in time is the earliest.
(III) Clauses in respect of the Website functioning
a. Intellectual Property
Company’s Content. The Services are owned and operated by the Company. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Services (‘Materials’) provided by the Company are protected by intellectual property and other laws.
All Materials included on the Website are the property of the Company or its third-party licensors. Except as expressly authorised by the Company, you may not use the Materials. The Company reserves all rights to the Materials not granted expressly in these Terms.
Company’s License. The Company grants you a non-transferable, non-exclusive, revocable, worldwide, limited licence to access and use the Services in the ways described in these Terms (‘Company’s License’). The Company grants the Company’s License for the term of the use of the Services.
For clarity, the permissions are limited to the Services, and no rights are granted with respect to any servers, computers, or databases associated with the Services.
b. Prohibited Conduct
By using the Services, you agree not to use the Services in any unlawful manner, namely:
use or take part (directly or indirectly) in the use of cheats, exploits, automation software, emulators, bots, hacks, mods, or any unauthorised third-party software designed to modify or interfere with the Services;
solicit or attempt to solicit any login credentials or personal information from other users of the Services;
commercially exploit the materials on the Website in any way, including by (sub)licensing, (re)selling, transferring, assigning, distributing the Services to any third party in any way;
upload any viruses or malicious code or do anything else that will negatively affect the Services, impair their functionality or compromise the data of the Company;
reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property of the Company or to obtain any information from the Services using any method not expressly permitted by the Company;
perform actions aimed at breaching the normal functioning of the Services or leading to the violation of applicable laws, both using software and through your direct acts within the Services;
facilitate or support any of the actions described above.
c. Third-Party Links
You may have an opportunity to leave the Services via the links to third-party websites and services. For instance, we may provide you with links to our profiles on social media.
Such third-party links are not under the control of the Company, and the Company is not responsible for them. We may provide you with these links only for your convenience, and the inclusion of any such link does not imply the endorsement by the Company of such third-party websites.
You use all third-party links at your own risk. You should apply a suitable level of caution when doing so. When you click on any third-party links, the applicable third party’s terms and policies apply, including conditions of the third party’s privacy practices. We recommend you read any such terms and policies carefully before using the respective third-party website.
d. Information and Advertising Messages
From time to time, we may send emails to your email address to inform you of any changes in the Services and other important details of the use of the Services, and/or to share the information about the Company's Services that we believe may be of your interest and to offer you some new Services.
If you don’t want to receive such messages, please follow the link to unsubscribe at the bottom of each letter.
e. Disclaimers and Limitations of Liability
No provisions of these Terms will prejudice the statutory rights that you may have as a consumer of the Services. The laws of some countries and jurisdictions do not allow the exclusion of some kinds of warranties or the limitation of liability as stated in this section, so the below terms may not fully apply to you. Instead, in such jurisdictions, the exclusions and limitations below shall apply only to the extent permitted by the laws of such jurisdictions.
Disclaimer as to the warranties on the Services’ operation
You use the Services at your own risk and subject to the disclaimers set in these Terms. The Services are provided on an "as-is" and "as available" basis. This means that we cannot (and we do not) make the warranty that the Services will be uninterrupted, timely, or error-free. We shall not be obliged to ensure the operation of the Services on all platforms, for all devices, or under certain specific conditions.
The Company does not warrant that (i) the Services will meet your specific requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Services will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations, and (v) any errors in the Services will be corrected.
Disclaimer as to the displaying the Product on the Website
We really appreciate your attention to our Product, but in some cases the photo of the prototype of our Product available on the website may look different to the actual serial version of our Product, but in any case it will correspond to the stated description of the Product on the Website.
Disclaimer as to the warranties regarding the damages that may be caused to you
To the maximum extent permitted by the law, in no event shall the Company be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits) arising out of or in any way related to the use of or inability to use the Services, or otherwise under or in connection with any provision of these Terms, even in the event of strict liability. This limitation should apply even if the Company has been advised of the possibility of such damages.
We disclaim all warranties and conditions, either expressed, implied, or statutory, including, but not limited to, any warranties or conditions of fitness for a purpose, lack of viruses, accuracy or completeness of any information, satisfactory performance, and lack of negligence as regards our Services. In addition, there is no warranty or condition as to the correspondence to the description.
Disclaimer as to the claims of third parties in concern of your breaches of the Terms
The Company shall immediately inform you in case of any claims or actions brought against the Company concerning:
(a) your unauthorised use of, or misuse of, the Services;
(b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation;
(c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right;
(d) personal data; or
(e) any dispute or issue between you and any third party.
All costs and expenses related to the settlement of the specified claims, actions and/or legal proceedings shall be borne by you. You shall assume the obligation to compensate in full the costs of all expenses incurred by the Company due to the circumstances specified herein.
Disclaimers as to the Liability for the user account
You must immediately notify us if you know or have any reason to suspect that your credentials for synchronisation or payment methods have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorised use of the Services on your behalf. You are solely responsible for all and any activities conducted through your devices.
(IV) Miscellaneous
a. Termination of these Terms
These Terms shall be valid until the provision of the Services is terminated either by you or us.
As a result of the termination of these Terms, you can lose any benefits, earned or purchased virtual items associated with your use of the Services, and the Company is under no obligation to compensate you for any such losses or results.
Termination by you. You can terminate these Terms at any time and for any reason by deleting your user account and stopping your usage of the Services.
Termination by the Company. Notwithstanding anything contained herein, we reserve the right, without notice and at our sole discretion, to terminate these Terms or suspend your right to access the Services in case you have breached the Terms or any of the obligations under these Terms or applicable laws or if we believe that you have committed fraud, negligence or other misconduct.
The Company also reserves the right to stop supporting the Services or part of them at any time, at which point your right to use the Service or a part thereof will be automatically terminated. In such an event, the Company shall not be required to provide refunds, benefits, or other compensation to users in connection with such discontinued Services.
b. Applicable Law and Dispute Resolution
By visiting the Website, you agree that the laws of Germany will govern these Terms and any dispute of any sort that might arise between you and the Company.
All disputes and disagreements that might arise from these Terms shall be resolved through negotiations. For the purposes of the settlement of such disputes, email correspondence with the authorised persons of the Company at info@ponomarets.com shall be the effective and binding method of communication. If the dispute cannot be resolved through negotiation within 30 calendar days, it shall be referred to and finally resolved by the appropriate court under the laws of Germany, unless otherwise required by the applicable law.
c. Amendments and Updates
The Company reserves the right, at its sole discretion, to modify, update, and replace any part of these Terms and the Services. It is your responsibility to check the Terms for changes periodically. If you continue to use the Services after such amendments are made, you will be considered as having accepted all of them unless there is an obligation imposed on the Company by the applicable law to obtain your explicit consent to the amendments.
If the changes are substantial, we will notify you about them. The Company solely defines what changes should be considered substantial.
d. Contact Information
Company name:
Ponomarets Bikes GmbH
Berthold-Haupt Str. 111
01259 Dresden, Germany
Email: info@ponomarets.com