These are the general terms and conditions applicable to the Lynk & Co winter wheel rental and wheel service (‘Winter Wheel Rental and Wheel Service’) (‘General Terms’) between Lynk & Co Sales Belgium BVBA (‘Lynk & Co’, ‘we’, ’us’, ‘our’, ‘Party’) or any of its Affiliates (which means an entity that directly or indirectly through one or more intermediaries is owned by more than 50 % by Lynk & Co or Lynk & Co International AB) and you as a buyer (‘you’, ‘your’, ‘Party’) in Belgium.
Please read through all Sections of these General Terms. By placing an Order, you agree to be bound by these General Terms and confirm that you have read them.
As things change, these General Terms may change too, so please make sure to read through these General Terms before placing an Order, even if you have done so before. Orders are subject to these General Terms, in the version applicable when the Order is placed.
These General Terms are only applicable as an addition to a Lynk & Co Month to Month Membership (‘M2M Membership’) and following Order completion will be added as part of your M2M Membership for the Term of this agreement (which is defined below).
1. COMPANY INFORMATION
Lynk & Co Sales Belgium BVBA, registration number 0753.625.761
Address: Drukkerijstraat 18/20, 2000 Antwerp, Belgium
Phone number: +46 31 309 7570
2. CONTACT DETAILS
Lynk & Co Customer Engagement Centre (‘Engagement Centre’)
Phone Number: 0800 582 90
An order for the Service (as defined in Section 4 below) (an ‘Order’) will be concluded you communicate your desire to purchase the Service on these General Terms to Lynk & Co. When you place an Order, you agree to enter into a legally binding agreement (the ‘Agreement’) according to these General Terms. Once we have accepted the Order, we will send you a written confirmation of the Agreement (the ‘Order Confirmation’) which will contain the content of the Agreement between us.
These General Terms form an integral part of your M2M Membership for the Term of the Agreement (as defined below) and apply only to the Month to Month Car (‘M2M Car’) specified in your M2M Membership. The services included in Wheel Service are listed below (‘Services’).
4.1. Winter Wheel Rental
Winter Wheel Rental grants you use of Lynk & Co winter wheels (‘Winter Wheels’) throughout one (1) season (which is defined as the period of time within which two (2) Wheel Shifts are completed). This period of time varies between national regions but will not extend beyond the period of 15th September – 15th May and will end following completion of the second (2nd) Wheel Shift)(‘Season’).
Use of the Winter Wheels is subject to the Lynk & Co wear and tear policy found here. Upon return, we will inspect the Winter Wheels and assess their condition. The result of this assessment will be recorded, and any excessive wear and use of the Winter Wheels, as defined in the wear and tear policy, will incur additional costs for you.
Please note that the Winter Wheels you have use of as part of the Service are additional equipment and may differ from those included in your M2M Membership. Lynk & Co has the sole right to choose the Winter Wheels which will be mounted on your M2M Car as part of the Service. Title to the Winter Wheels will remain with Lynk & Co throughout the Service and will never pass to you.
4.2. Wheel Service
Wheel Service includes, (i) two (2) seasonal, by Lynk & Co scheduled, wheel shifts at a Lynk & Co contracted workshop (‘Wheel Shift’) (which for the avoidance of doubt means one (1) shift to Winter Wheels and one (1) shift to those wheels included in your M2M Membership), and (ii) wash, inspection for wear and tear, pressure check, cleaning and storage of those wheels not mounted on the M2M Car or in use.
4.3. Pick-Up and Delivery
The Service can be purchased to include Pick-up and Delivery (‘PUD’) of your M2M Car for Wheel Shift. If you have purchased the Service including PUD, Lynk & Co will pick up your M2M Car at a by you and Lynk & Co agreed location and bring it to a contracted workshop for Wheel Shift. Following Wheel Shift completion, Lynk & Co will return it to you. You can find the details of the PUD Service here.
To arrange for Wheel Shift with PUD, Lynk & Co will contact you with a proposed date based on the standard practice in the region of your home address. Should the Lynk & Co proposed time and date for Wheel Shift be unsuitable to you, you may propose another date and time.
If you have not purchased the Service including PUD, Lynk & Co will propose a date and time for the Wheel Shift in connection with your placement of the Order. The proposed date and time for the Wheel Shift will be based on the standard practice in the region of your home address and the agreed upon date and time for the Wheel Shift will be stated in the Order Confirmation.
If you have not purchased the Service including PUD and You want to cancel or reschedule your Wheel Shift, you must contact the designated workshop. Cancellations must be made no later than 14.00 the working day before your Wheel Shift. If you cancel after 14.00 the working day before your Wheel Shift, you will be charged a cancellation fee of EUR 20. If you have the Service including PUD, cancellation and rescheduling is governed by the separate terms for PUD.
If you do not follow the instructions provided to you regarding the Wheel Shift, We are entitled to further compensation from You for any costs and losses which We incur as a result thereof.
5. PRICE AND PAYMENT
The total price (‘Price’) applicable to your Order will be contained in the offer and the Order Confirmation. Unless we state otherwise, the Price excludes value added tax (‘VAT’). The Price for your Order must be paid in accordance with the instructions on the invoice issued by Lynk & Co.
You are responsible to pay for your Order as per the invoice and these General Terms. In the event that your payment is in arrears, the provisions for late payment found in the General Terms applicable to your M2M Membership will apply.
6. TERM, CANCELLATION AND TERMINATION
This Agreement is valid for a fixed period of one (1) Season (as defined in Section 4.1 above) beginning on the date you enter into the Agreement. The Agreement will automatically terminate upon completion of the two (2) Wheel Shifts (‘Term’).
You have the right to cancel the Service before completion. Should you do so, the Agreement will automatically terminate and you will be obliged to pay Lynk & Co for the part(s) of the Service which have already been performed and work which must be completed despite cancellation, the value for which will correspond to that price which would have applied had the Agreement only contained the part(s) of the Service completed.
Lynk & Co is also entitled to further compensation in the form of costs for the remaining part of the Service which will not be performed due to your cancellation and compensation for loss for inability to take on other work due to the Agreement. The provisions of this Section will not apply should the cancellation stem from damage to or loss of the M2M Car due for Service other than as a result of negligence on your part, or inability by you to avail of the Service due to governmental regulation, decision or similar circumstance outside of your control. Our compensation under this Section will not exceed our loss resulting from the cancellation.
In the event that you have paid the Price before cancelling the Service, Lynk & Co will reimburse you the Price minus the amounts Lynk & Co is entitled to without undue delay.
Lynk & Co has the right to terminate this Agreement with immediate effect should circumstances outside of Lynk & Co’s control effect the conditions required for Lynk & Co to perform the Service in Belgium and therefore remove Lynk & Co’s ability to perform its obligations under these General Terms. In the event that you have paid the Price before the Agreement is terminated pursuant to this paragraph, Lynk & Co will reimburse you the Price corresponding to the part of the Service not completed due to the termination by Lynk & Co.
Both you and Lynk & Co have the right to terminate this Agreement with immediate effect should the other Party have materially been in breach of the terms of the Agreement and not rectify such failure within fifteen (15) days from receiving notification from the other Party of such failure.
7.1 The Services shall be performed in a professional manner and in accordance with what Lynk & Co has held the Service out to be. Lynk & Co shall not otherwise be liable for the characteristics of neither the Service nor the wheels. Further, Lynk & Co shall not be liable for defects or damages caused by you, such as, but not limited to excessive wear, insufficient maintenance, or incorrect handling. It is your responsibility to inspect the M2M Car and the wheels and/or tires for any defects or damages resulting from the Services upon the return of your M2M Car after completion of any of the Services.
7.2 Lynk & Co shall only be liable for defects which existed at the time of return of your M2M Car to you upon the completion of any of the Services. You must notify Lynk & Co of any defect within five (5) working days (the ‘Notification Period’) from the date on which your M2M Car was returned to you. The notice of defect must contain a description of the defect. Untimely notice of the defect by you shall result in forfeiture of the right to complain of the defect.
7.3 Lynk & Co shall have the right and the obligation to rectify any defects and shall be entitled to determine, at its sole discretion, whether rectification will be made through repair or through replacement (redelivery) which shall be the only remedies available to you. Lynk & Co will rectify the defect promptly and shall bear the costs of rectification, troubleshooting and where applicable transport. You will be responsible to support the return of the wheels to Lynk & Co along with any Lynk & Co requested documentation.
7.4 You shall compensate Lynk & Co for any and all labour and costs incurred where notice of fault is subsequently proven incorrect, in that there was no fault in the Wheel Service for which Lynk & Co was liable.
8. LIMITATION OF LIABILITY
With the limitations set out herein, if a Party breaches the terms of this Agreement, it shall compensate the other Party for the direct damages incurred as a consequence thereof.
Neither Party shall be responsible for any indirect or consequential damage caused by it, including but not limited to any loses of production or profit.
Notwithstanding anything to the contrary contained in this Agreement, the liability of the Parties for damage and losses arising pursuant to or in connection with the representations, warranties, indemnifications or other obligations (whether express or implied) of the Parties under this Agreement shall not exceed total value of this Agreement.
Except as provided for in 6.3 above, we are not responsible for not fulfilling the Agreement if the reason is due to events that are beyond our reasonable control which we could not have reasonably been expected to have anticipated when concluding the Agreement with you, or if we are prevented or delayed from acting according to the Agreement by anything you (or anyone acting on your behalf) do or fail to do.
For the avoidance of doubt, where a Party is entitled to a specific remedy hereunder, such right shall not be deemed to restrict that Party’s ability to claim other legal remedies under the Contract or under applicable law.
9. TRANSFER OF RIGHTS
We reserve the right to use sub-contractors to fulfil our undertakings and may assign or transfer our rights under the Agreement to third parties. This will not affect your rights and our obligations under these General Terms. You are not allowed to transfer any right or unfulfilled obligations to a third party without our prior written consent.
10. DATA PRIVACY
11. APPLICABLE LAW AND JURISDICTION
This Agreement shall be governed by the laws of Belgium, without regard to any choice of conflict of laws, including the United Nations Convention on the International Sale of Goods (CISG).
Any and all disputes regarding the validity, performance, interpretation or enforceability of this Agreement shall be of the sole jurisdiction of the courts of Brussels.
The Parties agree, without limitation in time, not to disclose the existence or contents or any decisions or awards with regards to this Agreement or information about proceedings or arbitration due to the same. The provisions set forth in this Section 11, shall not apply unless in compliance with law, other legislation, authority’s order, securities exchange regulations or practice on the securities exchange or is otherwise required for the enforcement of a decision.