Terms and Conditions of Sale
PLEASE READ THESE TERMS AND CONDITIONS OF SALE CAREFULLY. THEY GOVERN YOUR PURCHASE OF OUR PRODUCTS AND CONTAIN VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS
You - “Customer” - may place orders for Products -"Products"- with Specialized Europe Limited - “Specialized,” “we,” “our” - via our website www.specialized.com/de/de/, www.specialized.com/de/en/, www.specialized.com/at/de/, www.specialized.com/at/en/,www.specialized.com/ch/de/, www.specialized.com/ch/en/, www.specialized.com/lu/de/ or www.specialized.com/lu/en/“Products” means any and all items being sold by Specialized to Customer via the website. By placing an order for our Products, you agree to these Terms and conditions of sale -“Terms”- and acknowledge that we will only supply the Products subject to these Terms.Any term or condition in any orderor other correspondence that purports to add to, or is in any way inconsistent with, these Terms shall be inapplicable and of no force and effect whatsoever. These Terms are available in English, German, French and Dutch. In case of discrepancies between in terms of language, the English version shall prevail.
We may revise these Terms to reflect changes to our Website, our users' needs, our business priorities or changes in law. We will try to give you reasonable notice of any major revisions. Every time you order from our Website, please check these Terms to ensure you understand the terms that apply at that time. The applicable version of the Terms is the one which was in place at the time an order was placed. These Terms were most recently updated on 12/1/2021.
We are Specialized Europe GmbH, a company registered in Switzerland under company number CHE-114.714.365 and with our registered office at Werkstattgasse 10, CH-6330 Cham, Switzerland. Our VAT number is CHE-114.714.365. We are a limited liability company. To contact us, please use our Ticket-Form https://www.specialized.com/ridercareform.
The images of the Products on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your device's display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.
Customer can place an order by following the order process on the Website and will be able to identify and correct any errors. All orders placed by Customer are subject to Specialized’s acceptance. This means that Specialized may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any reason or no reason whatsoever. We will also inform Customer by email as soon as possible if the Product Customer has ordered is not available and we will not process Customer's order.
All prices stated on the website are subject to change, but changes will not affect any confirmed order. The Website contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our Website may be incorrectly priced.
If we discover an error in the price of the Products, we will inform Customer of this error and we will give Customer the option of continuing to purchase the Product at the correct price or cancelling the order. We will not process a Customer order until we have Customer's instructions. If we are unable to contact Customer using the contact details provided during the order process, we will treat the order as cancelled and notify Customer in writing.
Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognized by Customer as a mispricing, we do not have to provide the Products to Customer at the incorrect /lower price.
The price of a Product includes VAT - where applicable - at the applicable current rate chargeable in your country for the time being. However, if the rate of VAT changes between the date of an order and the date of delivery, we will adjust the VAT Customer pays, unless Customer has already paid for the Products in full before the change in VAT takes effect.
If Customer chooses to purchase a Product, Customer must designate and provide information about a preferred payment method - e.g., credit card, online payment service or any other payment method made available by Specialized. All orders must be paid in full prior to shipment. Payment information is submitted by Customer upon the placement of any order and fulfilment and shipping of the order is subject to verification of payment information and availability of funds. Customer agrees to pay all fees and other charges incurred in connection with an order placed with Customer's username and password for any Specialized Website account.
Please note that all products are sold by Specialized Europe GmbH, a Swiss company. If your payment is made from outside of Switzerland, your bank or your credit/debit card provider (“Financial Service Provider”) may charge you an additional fee, such as an international transaction fee. This additional fee is outside of Specialized’s control and shall be paid by you. For further information about possible additional fees, please contact your Financial Service Provider.
We do not deliver to addresses outside of Germany, Austria, Switzerland and Luxembourg. All other delivery restrictions, and all delivery charges, will be made known to Customer as part of the order process. Ownership of, and responsibility for, the Products shall pass to Customer upon delivery of the Products. Any timeframe provided by Specialized is a good faith estimate of the expected delivery date. Specialized will use commercially reasonable efforts to fill Customer’s orders within the time stated.
Customer has the right to cancel an order for any Product during the period from when the order has been placed until the end of 30 days starting from the day after Customer receives the Products - or if Customer has ordered multiple Products, the day after Customer receives the last Product. To cancel an order, please use our Ticket-Form https://www.specialized.com/ratesridercareform. Customer may use the model cancellation form that we make available on the Website, but it is not mandatory. Customer may wish to keep a copy of a cancellation notification for their own records.
Customer's cancellation is effective from the date Customer sent it, as long as Customer sent it during the cancellation period. If Customer exercises the right to cancel, Customer will receive a refund of the price paid for the Products [and any applicable delivery charges Customer paid for the Products]. Specialized will process the refund due to Customer as soon as possible and, in any case within 30 days from the day Specialized receives the Products back, or Customer providing evidence that they have returned the Product. We will pay the costs of return if you are exercising your right to cancel. For more information on how to arrange a return, please visit our returns page.
Specialized will make the refund using the same means of payment as was used for the initial purchase, unless Customer expressly agrees otherwise, and Customer will not incur any fees for receiving that refund. We may reduce your refund of the price - excluding delivery charges - to reflect any reduction in the value of Products, if this has been caused by your handling them in a way which would not be permitted in a shop.
Specialized may make any change in the design of or specifications for, or in the way it manufactures or produces any Product if such changes are necessary or desirable to improve the safety or performance of such Product. Further, Specialized may furnish suitable substitute Products or components for Products or components which are unobtainable by Specialized because of any priorities, rules, regulations or the like established by governmental authorities or agencies, or due to price changes or the non-availability of materials or components from suppliers.
Customer may not make any changes in the designs or specifications for the Products unless Specialized approves of such changes in writing, in which event Specialized may impose additional charges to implement such changes.
Your warranty rights as a consumer can be found under the Specialized Warranty Policy at www.specialized.com/warranty.
In order to exercise rights under the Specialized Warranty Policy, Customer must return the affected Product to Specialized Europe, Warranty Dept., Utrechtseweg 310, B01, 6812AR Arnhem, Netherlands with proof of purchase - original invoice or credit card statement - via our returns portal at www.specialized.com/returns.
Claims by you for damages are excluded, other than those arising from personal injury as well as liability for damages related to unlawful intent or to gross negligence.
The above restrictions also apply to our legal representatives, our employees, agents or subcontractors, if claims are asserted directly against them.
The provisions of the Swiss Product Liability Act remain unaffected.
Without limiting the scope of these Terms, no claim of any kind, whether as to Products delivered or non-delivery of Products, or otherwise, shall be greater in amount than the purchase price of the Products in respect of which damages are claimed.
IN NO EVENT, SHALL SPECIALIZED BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE - EVEN IF THE OCCURRENCE OF SUCH DAMAGE WAS FORESEEABLE, KNOWN OR COULD HAVE BEEN KNOWN BY SPECIALIZED -, CAPABLE OF ARISING IN CONNECTION WITH ITS PRODUCTS, THEIR USE, SALE OR THIS WEBSITE.
Specialized reserves the right to refuse to sell Products to anyone for any reason, in its sole discretion.
If you have a question or complaint about a Product, please contact our Rider Care team via https://www.specialized.com/ridercareform.
The Website and its content are provided ‘as is’ and without warranties of any kind. The information on the Website is for general information purposes only and does not constitute advice. We do not represent or warrant that the information available on the Website are accurate, complete or current, or that the Website or the server that makes the Website available are free of viruses or any other harmful components. Further, we cannot represent or warrant the Website will be uninterrupted or error free.
We do not make any warranties or representations regarding the use of the content on the Website in terms of correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise, in each case to the fullest extent permitted by applicable law.
If you have any questions regarding the Website or online orders, you can reach us via https://www.specialized.com/ridercareform from Monday to Friday from 8:30 to 17:00.
Specialized will make every reasonable effort to fulfil its obligations. However, Specialized cannot be held responsible for delays or failure to deliver caused by circumstances beyond its reasonable control. Such circumstances include strikes, wars, natural catastrophes or any others that make impracticable the manufacturing, transportation or delivery of Products.
In the event of delay, Specialized will perform its obligations as soon as reasonably possible, and it reserves the right to allocate any remaining Product supply among customers in a fair and reasonable manner.
These Terms shall be governed by the laws of Switzerland without giving effect to its rules on conflict of laws and regardless of the place of its physical execution or performance. The applicability of the United Nations Convention on Contracts for International Sale of Goods of April 11, 1980 is expressly excluded.
Any and all disputes arising in connection with these Terms shall be submitted exclusively to the ordinary courts at the registered office of Specialized in Cham, Switzerland without restricting any right of appeal.
We may transfer our rights and obligations under these Terms to another organisation, but this will not affect Customer's rights or our obligations under these Terms.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If Specialized fails to insist that Customer performs any obligation under these Terms, or if Specialized does not enforce its rights against Customer, or if we delay in doing so, that will not mean that Specialized has waived its rights against you and will not mean that you do not have to comply with those obligations. If Specialized does waive a default by you, Specialized will only do so in writing, and that will not mean that Specialized will automatically waive any later default by you.
Last amendment: 12 January 2021