Diodra Terms & Condition
We are Diodra Tech S.R.L, established in Din Jos 362, 107050 Banesti, Romania, VAT RO48346530.
E-mail address: hello@diodra.com.
These are the terms of use for our website accessible via www.diodra.com.
We respect your privacy
This website utilizes cookies, as outlined in our cookie policy. Your personal data is handled in compliance with our data protection policy.
Intellectual property
By agreeing to these terms, you are granted a non-exclusive, non-transferable, limited, and revocable right to use the website for non-commercial purposes, as outlined in this document..
This website, along with all the content we provide, such as software, images, graphics, logos, documents, text, slogans, user-generated content, and other information ("Content"), as well as all associated intellectual property rights (including copyrights, database rights, and trademark rights), are either our exclusive property or the property of their respective owners.
You are prohibited from copying, displaying, republishing, translating, offering, transferring, or distributing any part of the website or its content in any manner, except as explicitly permitted in these terms or expressly authorized in writing by us and the respective owners.
Contents
Diodra may offer links to third-party apps, content, or services for informational purposes. Additionally, users may have the ability to post content such as pictures, ratings, reviews, comments, questions, and other information ("User Content"), which remains the property of the respective user.
You agree not to post User Content for any commercial or professional purposes, nor shall it be unlawful, harmful, abusive, offensive, defamatory, infringing, harassing, invasive of personal privacy, or otherwise inappropriate. We reserve the right to refuse or remove any User Content that, in our sole discretion, violates these terms.
By uploading User Content to this website, you grant us permission to use, modify, translate, reproduce, publish, and distribute your content worldwide. This includes a non-exclusive, transferable, sublicensable, royalty-free, perpetual, and irrevocable license.
You also agree to allow other users of the website to use your content within the website's features, under a non-exclusive, non-transferable, and royalty-free license.
Furthermore, you confirm that you have all the necessary rights to grant us and other users these permissions.
Liability
We do not provide any explicit or implicit guarantees regarding: the website's availability at specific locations or times, or its compatibility with your hardware, uninterrupted use, continuity, absence of viruses, bugs, or other faults, or any remedies for such issues; the content of the website, including User Content and links to third-party apps, content, or services.To the extent permitted by applicable law, we are not liable for any harm resulting from the website, our products, or services, unless in cases of intentional fault.
Our liability is excluded for indirect damages such as loss of income, productivity, data, or moral damages, including reputational damage.
The limitation of liability mentioned above applies to the extent permitted by applicable law, regardless of the applicable liability regime, and even in cases of serious fault. However, if Diodra is found liable, our liability is limited to a maximum of 100 EUR.
Final provisions
These terms are governed solely by Romanian law. Disputes concerning these terms are exclusively under the jurisdiction of the courts at our registered office, without prejudice to any applicable mandatory laws stipulating that the courts at your place of residence have jurisdiction.
If you do not agree to these terms, you must cease all use or visits to the website.
Bike - Terms
Identity of the vendor
We are Diodra Tech S.R.L established in Din Jos 362, 107050 Banesti, Romania.VAT-number: RO48346530
E-mail address: hello@diodra.com.
Definitions
Diodra
Diodra Tech whose details are mentioned under 1 above.
Client (hereinafter 'you' or 'Client')
Any natural or legal person with whom Diodra enters into an agreement or with whom Diodra is negotiating about the conclusion of the agreement.
Consumer
Any natural person who is acting for purposes which are outside his trade, business, craft or profession;
Product
Any good or service offered by Diodra
Applicability
Diodra's conditions of sale apply to every offer of product from Diodra to the Client.
Diodra delivers new bikes exclusively to Europe, United Kingdom, USA and Canada.If you submit a delivery address outside these countries, Diodra reserves the right to decline the order.
In order to place an order, you must be at least 18 years old, legally capable, and possess a valid email address. If Diodra becomes aware that an order is placed by a minor, Diodra reserves the right to refuse the order.
To utilize your Diodra bike, you must possess a mobile device with internet access and GPS signal. Prior to using your Diodra bike, you must download the Diodra app, which is available for free via the App Store and Google Play. You'll then need to activate your personal Diodra account within the app. Please note that the download and usage of the Diodra app are subject to the conditions outlined in the Diodra app's terms of use.
You are solely and exclusively responsible for all aspects of your rides, including compliance with all applicable road, traffic, and insurance regulations. These regulations may vary from country to country, and it is your responsibility to ensure compliance accordingly. For example, in Romania, you must equip your Diodra with front, rear, and wheel reflectors, as well as a bell, to adhere to the traffic code.
You are responsible for covering all costs associated with the use of your Diodra bike and app, including expenses related to your mobile device, internet connection, GPS, battery recharging, bell, and reflectors.
By placing an online order on the website, you formally accept Diodra conditions of sale, the Diodra app's terms of use, and Diodra's data protection policy, all of which are accessible on our website.
Our offer and your order
Diodra explicitly indicates in its offer when it is only valid for a limited period of time or is subject to specific conditions beyond those outlined in these terms of sale.
Diodra provides clear, comprehensive, and accurate descriptions of the products it sells, as well as the steps involved in Diodra's delivery process.
The purchase agreement between us is finalized once Diodra confirms your order in writing. Confirmation will be provided after Diodra receives approval from the issuer of your card. Orders lacking valid payment under the registered cardholder's name will not be accepted or processed by Diodra.
By using a bank card belonging to another cardholder, you confirm that you have permission to utilize that bank card for purchasing from Diodra and issuing payment. If the issuer of your card declines approval for your payment to Diodra, Diodra cannot be held accountable for any delays in delivery or non-delivery of your order.Diodra accepts the following payment methods: Visa, MasterCard, and American Express.
Diodra will deliver the goods within 30-90 days upon receipt of Diodra's written order confirmation.To purchase a product, simply add it to your shopping cart. Proceed by submitting your contact details and billing information. Afterward, confirm the delivery method via FedEx or DHL. Lastly, you'll be directed to an overview page. By clicking the "order and pay" button, you acknowledge acceptance of Diodra's conditions. Once these steps are completed, your order is finalized.
Please note that these terms and conditions may be updated periodically. We reserve the right to modify, amend, or change them at any time, with or without prior notice. It is your responsibility to review these terms regularly to stay informed of any changes. By continuing to use our products after any modifications, amendments, or changes, you agree to be bound by the revised terms. Additionally, we reserve the right to retroactively apply new limitations or other changes to previous purchases.
Right of withdrawal
If you are a consumer, you have the right to withdraw from your purchase and return your order without providing any reason. However, please note that if you withdraw, you will lose access to the Diodra app.
The withdrawal period expires 14 days after the day you, or a third party other than the carrier and indicated by you, acquire physical possession of the goods. If goods are delivered in multiple lots or pieces, the withdrawal period expires 14 days after the day you acquire physical possession of the last lot or piece.
It's important to understand that you cannot exercise the right to withdrawal for goods made to your specifications or clearly personalized.
You are responsible for returning the goods or handing them over to Diodra without undue delay and no later than 14 days after you communicate your withdrawal from the contract to us. The deadline is considered met if you send back the goods before the 14-day period expires.
Please note that return shipping costs are at the customer's expense. During the first 14 days after delivery, you must handle the order and packaging with utmost care. The bike must be returned in its original condition, correctly protected, in its original packaging, and in perfect condition for resale.
If you refuse delivery, it will be considered a return, and return shipping fees will apply. You are liable for any diminished value of the goods resulting from handling beyond what is necessary to establish the nature, characteristics, and functioning of the goods. Therefore, handle and inspect the product only in the same manner as you would in a shop.
Installing pedals, adjusting handlebars, and adjusting the saddle may cause minor damage that diminishes the value of the bike. You are responsible for any diminished value caused by these actions, as riding the bike is considered handling beyond what is allowed in a shop. In case of a dispute, proof such as a photo taken at the time of shipping may be required.
We reserve the right to make deductions from the reimbursement for any loss in value of the goods resulting from incorrect handling.If you send the goods back to Diodra, we can refuse repayment until we receive the returned goods or until you provide proof of returning the goods, whichever occurs first.
Diodra will reimburse you within 14 days of receiving your returned goods. If we offer to collect the goods ourselves, you will be reimbursed within 14 days of informing us of your decision to withdraw from the purchase agreement.
We will use the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise and provided that you do not incur any fees as a result of such reimbursement. Please note that we will not reimburse any supplementary costs if you have expressly opted for a delivery method other than the least expensive standard delivery offered by Diodra.
To exercise your right to withdrawal, please send us an email as indicated above under section 1. We will send you an acknowledgement of your withdrawal.
The prices applicable are those in effect at the time of concluding the purchase agreement. Throughout the duration specified by Diodra in its offer, Diodra's prices remain unchanged, except for adjustments resulting from alterations in tax rates.
Unless otherwise stated, the prices listed in our offers include VAT but exclude shipping costs. Shipping costs may fluctuate depending on the chosen delivery method and destination country. If the customer's ordered product is delivered internationally as per the contract terms, any applicable customs duties and/or customs clearance costs shall be the responsibility of the customer.
Diodra will always provide you with the total price before you proceed with your order, ensuring transparency and clarity in your purchasing process
Payment
We exclusively accept advance payment through our website using the payment methods specified on our website (refer to section 4 above).
E-mail address: hello@diodra.com.
Payment by invoice: Payment by invoice is possible by commercial end users / entrepreneurs in individual cases. To ensure secure online payments and protect your personal data, all transaction data is encrypted using SSL technology. No
special software is required to make payments with SSL, providing added convenience and peace of mind for our customers.
Warranty
As a consumer, you are entitled to a legal warranty of 2 years for the goods purchased from Diodra. This warranty remains valid even if the bike is transferred to another owner, expiring 2 years after the bike's initial purchase.
The warranty covers all original components against defects in workmanship and materials, such as huge discrepancies between the product description in the user manual or advertisement and the actual product.
However, the warranty does not extend to damages or defects resulting from accidents, incorrect assembly or installation, improper or negligent use, operation or modification of the product contrary to the maintenance instructions, or lack of maintenance, such as brakes.
Parts that naturally deteriorate and need replacement due to normal wear and tear are also not covered by the warranty. It is the owner's responsibility to regularly inspect and maintain their bicycle and replace worn parts, including tires, tubes, brake discs, brake pads, cables, belts, sprockets, spokes, bearings, and saddle damage.
Customers must ensure that the battery is charged at appropriate intervals (every 4-6 weeks) if the bike is not in use to prevent deep discharge mode, which requires battery replacement at the customer's expense.
Alterations or transformations of the product, including the use of third-party applications to modify motor controller settings, are explicitly excluded from warranty coverage. Even a single modification can result in damages, and issues arising from such alterations will not be covered.
Claims under the warranty must be made directly to Diodra, and any repairs must be executed or approved by Diodra in advance. Diodra reserves the right to refuse warranty claims if repairs are not carried out according to its guidelines.
f a warranty claim is accepted, Diodra will, at its discretion, provide a replacement for any defective parts or components, or make reasonable efforts to repair them. Diodra covers the expenses of parts, shipping, and associated repair labor costs. However, additional transportation costs, such as on-site technician visits or travel expenses to and from a service point, are the customer's responsibility.
Replacement parts or components are covered under warranty for the same length of time as the original product, expiring simultaneously with the original product's warranty.
This warranty applies exclusively to products intended for use within Diodra's designated shipping countries, which include Europe, the United Kingdom, and the USA. Diodra is not obligated to provide warranty services for products used outside of these specified countries.
Delivery and execution
All products are shipped to the address provided by you to Diodra for delivery or service execution.
The delivery timeframe specified by Diodra is determined based on the circumstances applicable to Diodra at the time of entering into the agreement. Unless otherwise agreed upon, Diodra commits to delivering the goods by transferring physical possession or control to you without undue delay, and no later than 90 days from the contract's conclusion.
If Diodra fails to meet its delivery obligation within the agreed time frame, you have the right to request Diodra to deliver within an additional reasonable period. Should Diodra fail to deliver within this extended period, you reserve the right to terminate the contract.
Delivery is facilitated through FedEx or DHL, following a simple process: (1) scheduling an appointment and (2) the bike being delivered to your specified location.
Upon dispatch of the goods by Diodra, the risk of loss or damage transfers to you or a third party designated by you, other than the carrier, upon physical possession of the goods.
If the customer is a consumer, the risk of accidental destruction, damage, or loss of the delivered goods shall transfer to the customer upon the goods being handed over to them or upon the customer defaulting on acceptance, whichever occurs first.
However, if you choose a carrier commissioned by you to transport the goods and this option was not provided by Diodra, the risk transfers to you upon delivery to the carrier, while your rights against the carrier remain unaffected.
Assembly on the part of the customer
Diodra bicycles undergo thorough assembly and adjustment by skilled technicians at the factory. However, for transport purposes, certain components such as wheels, seat posts, pedals, and handlebars are disassembled. As a result, upon receiving the bicycle, customers are required to assemble these components using the provided information, tools, and instructional videos available on our website. Additionally, if needed, customers can seek assistance from the Diodra Service Centre via telephone support or by e-mail.
Force majeure
In the event that Diodra is unable to fulfill any of its obligations towards the Client due to force majeure, such obligations shall be suspended for the duration of the force majeure event.
Force majeure events encompass all external circumstances beyond Diodra's control that render the fulfillment of our obligations wholly or partially impossible. Such events include, but are not limited to, strikes, fires, interruptions in energy supplies or telecommunication networks, or communication systems, as well as temporary downtime of the webshop, delayed delivery, or non-delivery by suppliers or other third parties.
Intellectual property
All materials provided to you through our website and any other communication channels, including but not limited to software, images, graphics, logos, documents, text, slogans, user-generated content, and other information ("Content"), along with all associated intellectual property rights (including copyrights, database rights, and trademark rights) and other rights, are either our exclusive property or the property of their respective owners.
You are expressly prohibited from copying, displaying, republishing, translating, offering, transferring, or distributing any portion of the Content in any manner, except as explicitly permitted in these terms or otherwise expressly authorized in writing by us or the respective rights holders.
Liability
We do not explicitly or implicitly guarantee:
The app's availability at any specific location or time, or its compatibility with your hardware.
Uninterrupted use, continuity, or the absence of viruses, bugs, or other faults, and any remedies.
The accuracy, completeness, or suitability of the app's content, including user-generated content and links to third-party services.
To the extent permitted by applicable law, we are not liable for any harm resulting from our products, except in cases of intentional misconduct.
Our liability is excluded for indirect damages, such as those resulting from accidents, loss of income, productivity, or data, as well as moral damages like reputational harm. This limitation of liability applies regardless of the applicable legal regime, even in cases of serious misconduct.
However, if Diodra is found liable for damages, our liability is limited to the price you paid for the Diodra products in question or the amount actually paid to Diodra by its insurance for the indemnification of the damage, whichever is higher.
Complaints
If you have any complaints regarding Diodra's products, please don't hesitate to contact us using the information provided in section 1 above.
These terms and conditions are governed exclusively by Romanian law, regardless of your place of residence. The courts located at our registered office have exclusive jurisdiction to settle any disputes arising from these terms and conditions. This is without prejudice to any mandatory laws that may grant jurisdiction to the courts in your place of residence.