TERMS AND CONDITIONS FLEXION-SERVICE
Terms and Conditions for the bike fitting service of Flexion Bike Fit, a private
limited company incorporated under Canada law, located at 2075 Price Landing SW, Edmonton, Alberta, registered in the Alberta (hereinafter "Flexion").
ARTICLE 1 DEFINITIONS
"Customer" means any natural person who uses or wishes to make use of Flexion
"Service": The bike fitting service, consisting of a static fitting, dynamic fitting and / or
video analysis, performed by Flexion.
ARTICLE 2 APPLICABILITY
1. These terms and conditions apply to any offer and any purchase agreement between
Flexion and a Customer to which Flexion has declared these terms, insofar as
these terms have not been expressly and in writing rejected by the parties.
2. The present terms and conditions shall also apply to agreements with Flexion for the
execution of which Flexion must involve third parties.
ARTICLE 3 OFFERS/PRICES
1. All offers, deals, etc. of Flexion are rates as posted.
2. All Flexion offers have a validity of two (2) weeks, unless the offer has a different
term for acceptance. An offer will expire if the service to which the offer relates in the
meantime becomes no longer available.
3. A Customer's offer is deemed to have been made in one of the following
a) The Customer has specified exactly which product and / or service he wishes to
receive; and / or
b) The Customer has made an appointment with Flexion and Flexion has
confirmed this appointment.
4. An agreement will be established when an order confirmation has been sent to the
Customer by email to the Customer's email address.
5. Customer and Flexion expressly agree that by the use of electronic forms of
communication a valid contract is established, as soon as the conditions in Articles 2.3
and 2.4 of these Terms have been met or as soon as there has been an agreement in
any other way.
6. The Customer shall pay the price which Flexion has notified to him in its order
confirmation in accordance with Article 2.4 of these Terms. Apparent errors in the
pricing, such as obvious inaccuracies, may also be corrected by Flexion after the
agreement has been established.
7. All offers on the Flexion website are non-binding, even if they contain a term of
acceptance. Flexion reserves the right to withdraw offers. All offers are subject to
availability, price changes and / or typos are reserved.
ARTICLE 4 APPOINTMENTS
1. The appointments made by Flexion are always subject to change and may be
amended by Flexion until twenty-four (24) hours before and can never be regarded
as a fatal term.
2. If Flexion needs data from the Customer for the performance of the agreement, the
execution period will not apply earlier than after the Customer has made it complete
and correctly available to Flexion.
3. Flexion is happy to reserve time for the Customer to guarantee a good service.
Therefore, It is important that the Customer notifies Flexion about failure to attend an
appointment at least 24 hours in advance via cody@Flexionbike fit.com or via
780-340-9205. If the Client does not appear on the appointment without a notice
at least 24 hours prior to the scheduled appointment by e-mail, Flexion is required to
charge $75 of the cost for this event due to profit loss. If the Customer cannot appear
due to ‘compelling grounds’, Flexion will take these into account when deciding to
charge the cancellation fee.
ARTICLE 5 TERMINATION
1. The claims of Flexion on the Customer are immediately due in the following cases:
a) if Flexion becomes aware of any circumstances giving Flexion grounds to
suspect that the Customer will not meet his obligations;
b) If Flexion has asked Customer to provide some form of security with regard to
his payment capacity, and this security remains absent or is insufficient.
2. In the cases referred to in paragraph 1, Flexion is authorized to suspend the further
execution of the agreement or terminate the agreement, without prejudice to the right of
Flexion to claim damages.
3. If the termination is attributable to the Client, Flexion is entitled to compensation for
damages, including costs, resulting directly and indirectly from the termination.
ARTICLE 6 LIABILITY
1. If Flexions insurance policy does not cover an incident or the insurer does not pay
out, any liability of Flexion shall be limited to a maximum of $10,000 (ten thousand
dollars) per event.
2. The Service is purely advisory. No rights can be derived from the results of a Service.
For medical conditions and the like, the Customer must contact a doctor. Flexion is
not liable for any medical consequences.
3. The Service is carried out entirely at the sole discretion of the Customer. Flexion is
not liable for any kind of damage incurred by Customer or Customer’s bicycle during
the performance of the Service or as a result of the Service.
4. It is possible that Flexion on its website links to other websites that may be
interesting or informative to the visitor. Such links are purely informative and Flexion
is not responsible for the content of the websites referred to or their use.
5. In all other cases, Flexion's liability is limited to the amount of the amount paid out by
the liability insurer insofar as this liability is covered by its insurance.
ARTICLE 7 FORCE MAJEURE
1. Flexion is not required to comply with any obligation to the Client if he is hindered as
a result of force majeure or circumstances that not are not attributed to him by fault or
due to law, legal action or common conceptions.
2. Force majeure will be defined by, second to its definition in law and jurisprudence,
conditions that prevent execution of Flexions obligations which are not attributable to
Flexion. These include: strikes; lack of raw materials or other goods or services
necessary for the purpose of execution of the agreement; unforeseeable stagnation
with suppliers, freight forwarders or other third parties on who Flexion is dependent;
and unforeseeable overrun of production capacity and transport problems.
3. Flexion also has the right to appeal to force majeure if the circumstance that
prevents (further) execution occurs after the agreed deadline.
4. During force majeure, the delivery and other obligations of Flexion will be
suspended. If the period in which the failure to execute Flexion's obligations is
caused by force majeure lasts longer than six months, both parties are authorized to
dissolve the agreement without any liability for damages.
5. If Flexion has already partially fulfilled its obligations or only partially can fulfill its
obligations, it is entitled to invoice the delivered or deliverable item and the Customer is
obliged to comply with this invoice as a partial execution of the agreement.
ARTICLE 8 WARRANTIES
1. If the Service proves to be insufficient, Customer will be entitled to a one-off after-check
of the Service if the Customer wishes to inform Flexion in writing within three (3)
months by e-mail.
ARTICLE 9 PAYMENT
1. Payment must be made before the appointment.
2. Payment must be made without discount or settlement.
3. Payments made by the Customer are always attributed primarily to all current interest
and costs due and, secondly, to receivables that are the longest available even if the
Customer states that the payment relates to a later invoice.
ARTICLE 10 PRIVACY
1. The Customer is responsible for the accuracy and completeness of the personal data
required for the use of the Service. The Customer is also obliged to treat his personal
data confidentially and not make it available to unauthorized third parties. Flexion
attaches great importance to the security of its users' personal data. All personal data
sent by a user (title, name, address, email address, telephone number, locations) is
retrieved, stored and processed in accordance with the specific country-specific
legislation. Flexion collects, preserves and processes personal data only as required
for the proper execution of the Service.
2. By using the Service, Customer agrees to collect, store and process his personal data
by Flexion. The Customer may revoke or object to this use at www.FlexionBikeFit.com at
any time in writing. The Customer must give permission for using his location data
(GPS signal) and for sending his username, order data and telephone number to
Flexion's service partner to use the Service. Any further use, including on a
contractual basis, for marketing purposes or market research requires Customer's
explicit consent. The Customer has the opportunity to give this permission upon
registration. This optional permission can be revoked at any time. Personal data
required for using order processing and payment processes (usage data) will only be
used to process new, open and completed orders. Usage data consists of identification
marks and information about the use of the service by the user.
3. The Customer agrees that the usage data is permitted for the use of Flexion for the
purpose of advertising, market research or appropriate configuration of telemedia for
the generation of user profiles in an anonymous manner. This appropriation of usage
data can be objected to anytime. Under no circumstances will user profiles be
consistent with respective or current data.
4. Customer agrees that the usage data may be used by Flexion for advertising
purposes, market research, adequate configuration of telemedia and configuration of
user profiles. Any use of usage data may be objectionable at any time.
5. The Customer agrees to the issuance of his data for the purpose of conducting an
agreement or for the execution of legal claims with regard to his respective contractual
partner. Data may only be made available to other parties in a legal environment.
6. Changes to the ownership structure or organizational structure of Flexion do not
affect the processing and use of its data. A written revocation of this approval is
possible at any time. To the extent that further information needs to be requested for
the permission to be viewed, invoked or the use of the usage data to be recalled,
please contact our website: www.FlexionBikeFit.com.