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General Conditions Redsport SA

  1. Scope and Contracting Parties
  2. Subscription
  3. Billing and Termination
  4. Equipment
  5. Traffic Admission
  6. Technical Assistance
  7. Theft and Insurance
  8. Non-Payment Penalty
  9. Fines and Penalties
  10. Adjustments & Communication

1. Scope and Contracting Parties

1.1 These General Conditions (hereinafter 'GC' or 'General Conditions') govern all business relations between Redsport SA (hereinafter: 'Redsport', 'Bicy', 'we' or 'the company') and the client (hereinafter: 'the Client', 'the buyer' or 'you') concerning subscriptions (hereinafter: 'the Subscriptions', or 'the Subscription', 'products' or 'goods') purchased online via our website https://bicy.ch (hereinafter: 'website', or 'web site').

1.2 The online store is operated by: Redsport SA, under the brand Bicy Chemin Des Ceps 1, 1217 Meyrin, Switzerland N° IDE: CHE-298.143.569 022 782 55 90 info@Bicy.ch

1.3 Individual agreements concluded with the Client take precedence over these GC. Any divergent or contrary conditions will not be recognized under any circumstances.

1.4 Bicy reserves the right to modify these GC at any time. All changes take effect upon their publication on the website. The decisive moment for the applicability of the new GC is 30 days after information is sent by email or the delivery date of a firm order when purchasing one of the Subscriptions.

1.5 We ask you to read our GC carefully before placing a firm order. By placing a firm order for one or more of our Subscriptions, you declare that you approve these General Conditions. You also declare that you are entitled to conclude binding contracts and are at least 18 years old.

2. Subscription

2.1 The Client's Bicy Subscription continues until it is terminated or until its possible minimum contractual duration. To use the Bicy service, the Client must: - Be creditworthy according to an automatic check carried out via our partner CRIF AG - Provide a Payment Method. A 'Payment Method' means a current, valid, accepted payment method, which can be updated from time to time. Unless the Client terminates their Subscription before the billing date, the Client authorizes us to charge the Subscription fees for the next billing cycle via the Client's Payment Method (see 'Termination' below).

2.2 Bicy offers different Subscription packages, some of which may have different conditions and restrictions, of which the Client will be informed at the time of registration or in other communications made available to the Client. For the services resulting from the Bicy service, the Client owes Bicy a fixed monthly rate (in CHF, VAT included) which is stipulated in the Subscription. The Client is always obliged to pay on time, even if they cannot use replacement equipment immediately, for any reason (for example, repair, maintenance, exchange). Bicy strives to intervene as quickly as possible within 7 days.

2.3 Concluding a Subscription presupposes that the Client is a natural person capable of exercising their civil rights, having a fixed domicile in Switzerland. Bicy will ensure that the necessary conditions for concluding a contract are met. To this end, the Client will be asked to provide various personal information and present the corresponding documents (official identity document and proof of residence in Switzerland). Bicy will decide at its discretion whether or not a subscription can be concluded with the Client. In the case of a positive decision, Bicy authorizes the Client to order items through the Subscriptions. The Subscription is created when the Client accepts our General Conditions and subscribes to one of our Subscriptions.

2.4 Bicy provides equipment to the Client for private use as part of a comprehensive package including additional individual mobility services during the service provision period stipulated in the Subscription. The Subscription is understood as a continuous service provision, under which the Client has the right to settle the costs of said services, as long as they are provided, by installment payments.

3. Billing and Termination

3.1 Billing Cycle. Bicy service Subscription fees will be billed via the Client's Payment Method on the specific payment date indicated. The duration of the billing cycle depends on the type of Subscription the Client chose when they registered. In some cases, the payment date may change, for example, if the Payment Method did not work, when the Client changes Subscription. The Client can access the website in the 'Personal Space' section to know the date of the next billing. The monthly rate is always due one month in advance (30 days). For example, the Client subscribes on May 22, the monthly rate will be billed and the subscription valid until June 20.

3.2 Payment Method. To conclude a Subscription, the Client must provide a Payment Method. The Client authorizes Bicy to collect the Subscription fees via any Payment Method associated with their account in case their primary Payment Method is declined or no longer available for payment of said fees. The Client is liable for any unpaid amount. If payment fails due to card expiration, insufficient funds or any other reason, and the Client does not terminate their account, Bicy may suspend their access to the Bicy service until Bicy succeeds in charging the Client's account via a valid Payment Method. If equipment is in the Client's possession, they must pay the fees as long as the equipment has not been recovered by Bicy. For some Payment Methods, the provider may charge the Client certain fees, such as international transaction fees or other fees related to processing the Payment Method. Fees related to local taxes may vary depending on the Payment Method used. The Client is invited to contact their Payment Method provider for more information.

3.3 Updating your Payment Methods. The Client can update their Payment Method by going to the 'Personal Space' page. Bicy can also update their Payment Method with information provided by payment service providers. After any update, the Client authorizes us to continue charging their account via the concerned Payment Method.

3.4 Termination of a subscription without annual commitment. The Client can terminate their Bicy Subscription at any time but no later than 10 days before the end of the billing period. After this period, a new full billing period will be due by the Client. The Client continues to have access to the service until the end of the billing period. Payments are non-refundable and Bicy does not provide refunds or credits for partial usage periods. To terminate a subscription, access the personal space page and follow the instructions. If the Client terminates their subscription, their account will be automatically closed at the end of their current billing period. The Client will therefore have to return the equipment provided by Bicy upon termination on available dates. Upon termination of the subscription, Bicy will contact the client to collect the equipment or for the client to return the equipment themselves. To find out when the Client's account will be closed, please consult the 'Personal Space' page of the website. The equipment

3.5 Termination of an annual subscription. The Client can terminate their Bicy annual Subscription no earlier than 365 days after the conclusion of the contract. After conclusion of the contract, the Client has a 14-day withdrawal period. After this period, the Client will not be able to terminate their Subscription prematurely.

3.6 Price and Subscription Changes. Bicy reserves the right to modify the content of its subscriptions and the price of its services at any time. Any pricing or Subscription changes will be applicable upon receipt of a notification in the form of an email from Bicy.

3.7 Purchase of equipment. If the Client is satisfied with the equipment in their possession, they can make a purchase offer to Bicy. Bicy, as the owner of the equipment, will decide at its sole discretion whether to accept the Client's offer. For information purposes, the price of the equipment is indicated in the 'Personal Space' of the website. In case of agreement from Bicy, the Client will benefit from a discount equivalent to the amount paid as Subscription fees for the last consecutive months before the purchase offer. The payment of the sale price will be made upon invoicing and the Client will become the owner of the equipment upon receipt of the payment by Redsport SA.

3.8 Formal prohibition of using all Bicy Services for any professional use, such as delivery services like Eats or Uber Eats. The Client who violates this essential condition will receive a fine of 2,000 CHF, will be reported, and will have all Bicy equipment in their possession immediately confiscated.

4. Equipment

4.1 Bicy delivers the equipment to the Client on the agreed date after the order, provided that the Client has fulfilled their obligations. The service provision period begins at the moment the equipment is handed over. Bicy delivers the equipment to the Client in safe working condition. If the Client does not receive the equipment on the agreed date, Bicy is authorized to withdraw from the contract. In such a case, the Client owes Bicy a flat-rate compensation equal to one monthly rate stipulated in the contract as well as preparation and delivery costs of 150 CHF.

4.2 Once an appointment (delivery, collection, service, etc.) is confirmed between Bicy and the Client, Bicy will contact the client upon arrival at the location. Bicy will then wait for the Client's arrival at the appointment location for up to 10 minutes. After this period, Bicy will abandon the appointment (considered as 'No show') and:

  • Charge the Client a penalty of 60 CHF, in addition to any delivery fees already agreed with the Client.
  • Contact the Client to arrange another appointment.

4.3 Bicy remains the owner of the equipment throughout the service provision and contract validity period and can dispose of it alone. In particular, Bicy is free to reclaim the equipment from the Client at any time and exchange it for equipment of equivalent value (same equipment category). As the owner of the equipment, Bicy is also authorized to carry out or have an inspection of the equipment conducted at any time. The Client is obliged to cooperate and authorizes Bicy to access irrevocably the site where the equipment is located. If the inspection reveals contract-breaching behavior by the Client, the Client will bear the resulting costs.

4.4 The Client may only use the equipment for private purposes. They are not authorized to use the equipment for commercial or professional purposes, competitions of any kind, transporting dangerous products, or engaging in any activities that may damage the equipment.

4.5 The Client is obliged to use or have the equipment used with care at all times. They are particularly subject to the following obligations:

  • Always comply with traffic rules and legal requirements related to vehicle operation.
  • Do not use the equipment under the influence of alcohol, medication, drugs, or in other states impairing reaction capacity (e.g., extreme fatigue or illness).
  • Follow technical instructions and corresponding user manuals when using the equipment.
  • Ensure the equipment is used with consideration, care, environmental respect, and anticipation, and adopt a defensive use.
  • Do not make technical modifications to the equipment or perform repairs, maintenance, tire changes, or maintenance work yourself. If the Client makes any technical modifications to the equipment, they do so at their own risk and must inform Bicy without delay.
  • Do not commit criminal offenses with the equipment.
  • Ensure the equipment is in good working order with each use.

5. Traffic Admission

5.1 Bicy takes care of the equipment's traffic admission if necessary (registration, provision of control plates and driving license) with the competent motor vehicle office of the canton of Bicy's residence (Geneva). The corresponding fees are included in the monthly rate.

5.2 Regarding all 45km/h electric bikes (speedbike or spedec), the client must also hold a valid driving license. A driving license must not have a geographical restriction or bear designations or inscriptions indicating a possible geographical limitation.

6. Technical Assistance

6.1 If assistance or repair operations are necessary or in case of an accident, Bicy provides replacement equipment to the Client. The costs of replacement equipment and repairs are not included in the monthly rate but are available via the additional 'Technical Assistance' option. Without this option, travel, work, and parts will be charged. The Technical Assistance supplement is billed at 31.95 CHF / month.

6.2 Maintenance operations can be carried out by the Client or by the Bicy service after consultation with them, Bicy organizing the concerned service if the Client wishes. The costs of maintenance operations are included in the monthly rate and performed by Bicy.

6.3 Considered as maintenance operations related to wear due to normal use are: Bikes: tire and inner tube changes, brake pads, transmission, engine error.

6.4 In case of repair not considered as maintenance operation, and if the Client has not subscribed to the Technical Assistance option, the following fees are at their charge. Travel: flat rate 100 CHF, labor: 150 CHF / hour (limited to the price of the bike), spare parts.

7. Theft and Insurance

7.1 Bicy offers for each bike subscription an optional theft supplement for an amount of 14.95 CHF / month. If the Client does not want the theft option, the Client is fully responsible in case of theft. If the Client does not subscribe to this optional insurance, in case of a claim, they will compensate Bicy for the new value of the stolen equipment.

7.2 If the client has their bike stolen and has subscribed to the optional theft insurance, the bike is insured against simple theft outside provided it is locked or secured with anti-theft chains or steel cables. To claim the insurance, it is mandatory for the client to send a police report mentioning that the bike was locked or secured with anti-theft chains or steel cables.

7.3 In case of a theft report compliant with the conditions above (paragraph 7.2), the deductible amounts to 1,155 CHF, including administrative fees. This amount must be paid by the client to Bicy within 10 days following the theft report.

7.4 If the insurance conditions are not met, the new value must be reimbursed by the client to Bicy within 10 days following the theft report. A collection procedure is automatically triggered if the payment deadline is not met.

8. Non-Payment Penalty

8.1 If the first payment attempt for an invoice is not approved within the payment deadline, the Client will be informed and must take the necessary steps to update their Payment Method. All payment delays are subject to the following reminder fees:

  1. 1 to 4 days: 0 CHF
  2. 5 to 9 days: 20 CHF
  3. 10 to 14 days: 40 CHF
  4. 15 to 19 days: 60 CHF
  5. From the 20th day of delay: 160.00 CHF + Categorical subscription cancellation and equipment recovery In case of default of payment and inability of Bicy to recover the equipment within 10 days, Bicy will charge - in addition to the aforementioned fees - the value of the equipment at the new value price. Furthermore, the amount of the due invoice (including payment injunction fees) may be assigned to a collection company for collection purposes. A theft report is also filed with the Meyrin police in the canton of Geneva.

9. Fines and Penalties

9.1 The Client bears fines, penalties, and other costs (in particular lawyer fees, expenses or procedural costs, as well as third-party rights) related to violations of laws, offenses, and crimes as well as the corresponding procedures and completely releases Bicy from any liability in this regard.

10. Adjustments & Communication

10.1 Bicy reserves the right to modify these General Conditions, Subscription tariff provisions, buyback criteria, and data protection provisions at any time and without reasons. These changes will be communicated to the Client by email. In the absence of contestation by the Client by postal mail within 14 days, the changes are considered accepted.

10.2 Bicy may communicate with the Client through electronic communication means (e.g., email, SMS, Whatsapp, etc.) using the addresses or phone numbers provided by them. Electronic communication means are not regularly protected against possible unauthorized intrusions by third parties and are therefore exposed to risks (e.g., lack of confidentiality, manipulation, line failure, delay, virus, etc.). The Client releases Bicy from liability for average and minor faults and for any damage caused by one of its auxiliaries in the sense of art. 101 CO.

Meyrin (GE), 06.12.24