1. INTRODUCTION

1.1These terms and conditions shall govern your use of our website.

1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.

1.4 You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

1.5 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies.

2. COPYRIGHT NOTICE

2.1Copyright © 2020 FITMYBIKE LIMITED.

2.2Subject to the express provisions of these terms and conditions:

1. 1. we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
   2. all the copyright and other intellectual property rights in our website and the material on our website are reserved.

3. LICENCE TO USE WEBSITE

3.1You may:

1. 1. view pages from our website in a web browser;
   2. download pages from our website for caching in a web browser;
   3. print pages from our website;
   4. stream audio and video files from our website; and
   5. use our website services by means of a web browser, subject to the other provisions of these terms and conditions.

3.2You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.

3.3Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

3.4Unless you own or control the relevant rights in the material, you must not:

1. 1. republish material from our website (including republication on another website);
   2. sell, rent or sub-license material from our website;
   3. show any material from our website in public;
   4. exploit material from our website for a commercial purpose; or
   5. redistribute material from our website.

3.5We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

4. ACCEPTABLE USE

4.1You must not:

1. 1. use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
   2. use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
   3. use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, root kit or other malicious computer software;
   4. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
   5. access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
   6. violate the directives set out in the robots.txt file for our website; or
   7. use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

4.2You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

5. PAYMENTS

1.1All payments must be made using the FitMyBike Ltd transaction system. Attempts to solicit payment outside of the system are prohibited and will result in immediate suspension of accounts.

1.2If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.

1.3If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.

1.4We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.

6. SELLER REGISTRATION

6.1This Section applies to sellers and prospective sellers.

6.2To be eligible for a seller account on our website under this Section, you must be at least 18 years of age and com0ply to the rules of these terms and conditions

6.3You may register for a buyer account with our website by completing and submitting the registration information on our website.

7. CANCELLATION AND SUSPENSION OF ACCOUNT

7.1We may:

1. 1. suspend your account;
   2. cancel your account; and/or
   3. edit your account details,

at any time in our sole discretion without notice or explanation, providing that if we cancel any services you have paid for and you have not breached these terms and conditions, we will refund to you a pro rata amount of your payment, such amount to be calculated by us using any reasonable methodology.

7.2You may cancel your account on our website by emailing us. You will not be entitled to any refund if you cancel your account in accordance with this Section 7.2.

8. SELLER LISTINGS

8.1If you register with our website as a seller, you will be able to submit listings to the website.

8.2To create a listing on our website, you should take the following steps: 


• Visit our page where you will be shown pricing details and an option to start listing your bike or bike accessories.
• Once you start listing you will be given the option to choose i.e your bike model from our bike database which will pre-populate your listing with any information we have. Or, you can start from scratch and manually and not use any pre-populated fields from the bike database.
• You will be led through a number of screens asking for information about your bike, such as its size, color, specification, condition, age, price and asking price.
• Listings that are submitted will be automatically processed.
• Without prejudice to our other rights under these terms and conditions, we reserve the right to reject, unpublish and/or delete any listings that breach these terms and conditions or that do not meet any additional guidelines for listings published on our website.
• If we permit the publication of a listing, it will remain published on our website until sold, OR for the relevant period set out on our website from time to time, subject to these terms and conditions.
• Listings submitted to our website must be true, fair, complete and accurate in all respects.
• Listings submitted to our website must constitute bona fide listings relating to bikes.
• Listings must be allocated to the appropriate category or categories. If you cannot identify an appropriate category for a listing, please contact us.

9. PRODUCT RULES

9.1The only products that may be the subject of a listing on our website are products falling within the category of bikes and bike accessories.

9.2You must not use our website to advertise, buy, sell or supply services, intangible products or downloadable products.

9.3You must not advertise, buy, sell or supply through our website any product that:

1. 1. is fraudulent, breaches any law, regulations or code, or infringes any person’s intellectual property rights or other rights, or gives rise to a cause of action against any person, in each case in any jurisdiction and under any applicable law;

10. LIMITED WARRANTIES

10.1We do not warrant or represent:

1. 1. the completeness or accuracy of the information published on our website;
   2. that the material on the website is up to date; or
   3. that the website or any service on the website will remain available.

10.2We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

11. INDEMNITY

You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or any breach by you of any provision of these terms and conditions.

12. BREACHES OF THESE TERMS AND CONDITIONS

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

1. 1. send you one or more formal warnings;
   2. temporarily suspend your access to our website;
   3. permanently prohibit you from accessing our website;
   4. block computers using your IP address from accessing our website;
   5. contact any or all of your internet service providers and request that they block your access to our website;
   6. commence legal action against you, whether for breach of contract or otherwise; and/or
   7. suspend or delete your account on our website.

Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

13. THIRD PARTY WEBSITES

13.1Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

13.2We have no control over third party websites and their contents, and subject to Section 13.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

14. VARIATION

14.1We may revise these terms and conditions from time to time.

14.2The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

15. LAW AND JURISDICTION

15.1 These terms and conditions shall be governed by and construed in accordance with the laws of Cyprus.

15.2 Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of Cyprus.

16. OUR DETAILS

16.1 All correspondence relating to fitmybike.eu should be sent to:

P: +357 25 103723

M: +357 97 777277

E: [email protected]

16.2 Registered office:

IPPARCHOU 49A,

LIMASSOL 3027

CYPRUS