Terms of Service (Bleeper Subscriptions)

Definitions

These general terms & conditions apply to:

General terms & conditions:

The provisions in this document

Bike:

The (electric) (cargo) bike(s) as specified in the offer, including accessories such as helmet, saddle bags, etc.

Bleeper:

The limited liability company BleeperBike Ireland Opco Limited, a lessor of Bikes

Lessee:

Any natural person of 18 years or over who leases a Bike from Bleeper

Subscription:

Subscription for the lease of a Bike whereby the Lessee is liable for damage to the Bike in accordance with Table 1


1.Registration and agreement

  1. These general terms and conditions apply to all proposals, agreements and services provided by Bleeper. The acceptance by and provision of the general conditions to the Lessee is realised by the Lessee completing the online registration form on the Bleeper website.
  2. Bleeper and the Lessee conclude an agreement based on the completed purchase order form on bleeperstore.com. The registration contains a description of the lease Bike and lease fee (and any additional costs) and payment method.
  3. The agreement between Bleeper and the Lessee is established by completing the registration form and payment of the first term via the website bleeperstore.com, or when Bleeper starts the realisation of the agreement upon the request of the Lessee. Lessees who are consumers have 14 days to change their mind, unless the agreement is realised during the cooling-off period. If the lease was only partly realised during the cooling-off period in agreement with the consumer, the Lessee must pay proportionally for the services received during that period up to the point of termination.
  4. The Lessee is responsible for passing on any changes to their details as known to Bleeper, including changes to address, email or phone number.
  5. The general terms & conditions remain in effect if Bleeper does not strictly apply one or more of these provisions in a specific case.

2.Type of subscription

  1. When entering into the agreement, the Lessee will have a weekly subscription.

3.Remuneration, changes and payment

  1. Lessees will pay Bleeper the previously agreed lease and additional costs in advance. All prices include VAT. Lessees will pay term in advance upon registration.
  2. Bleeper reserves the right to change its fees. In such cases, the Lessee cannot terminate the agreement unless the increase takes place within three months after concluding the agreement and the Lessee is a consumer. Increases based on legislation, such as VAT rises, can be implemented immediately and do not give the Lessee the right to terminate the agreement.
  3. The Lessee will only be charged the agreed costs except when the Lessee owes the Lessor damages.
  4. Bleeper will send the Lessee a periodical invoice for the lease and any additional costs for the coming term. The calendar day on which the agreement was established based on Article 2(3) determines the consequential dates of invoicing. The Weekly subscription starts on the weekday that the eBike has been received. The periodical invoice will also be collected on that weekday. To illustrate: if the subscription starts on a Sunday, the next invoice will also be collected on a Sunday.
  5. The amount due on the invoice will be collected by debiting your bank card on record. If Bleeper cannot collect the due amount from the Lessee via the card provided on the calendar day as referred to in point 4, the Lessee is legally in default. Bleeper will terminate its obligations towards the Lessee, collect the Bike from the Lessee and charge a fee of €80. Bleeper will also have the right to terminate the agreement.
  6. Before terminating the agreement, Bleeper will send the Lessee a one-off reminder with a final payment term of 14 days, without charge. If the invoice has not been paid hereafter, Bleeper will have the right to claim legal interest and extrajudicial costs.

4.Delivery

  1. Bleeper will supply the Lessee with a Bike in accordance with the terms set-out on bleeperstore.com.
  2. The Bike must be collected from a Bleeper pick-up point. Pick-up of the Bike by the Lessee via a Bleeper pick-up point is free of charge. The delivery date of the Bike is considered to be the start date of the agreement.

5.Lessee obligations 

  1. The Bike may only be used in accordance with its nature and purpose. The Lessee will treat the Bike and any parts thereof (including the keys) with care. Bikes cannot be used on terrain for which they are not intended. Batteries should be charged in the correct way in a safe place to prevent overheating/fire hazard. 
  2. The Lessee is not allowed to sublet, loan, rent out, sell or encumber the Bike.
  3. The Lessee must return the Bike in the same condition as they received it. Lessees are not allowed to modify the Bike themselves, and that includes not adding bike racks or child seats.
  4. The Lessee should not continue to ride the bike if it has a defect that using the bike makes worse. The lessee should instead follow the instructions in Article 7.
  5. The Lessee must always secure the Bike against theft by (correctly and properly) using the locks provided by Bleeper.

6.Lessee service, maintenance and instructions

  1. Bleeper will provide regular maintenance of the Bike as and when it deems necessary.
  2. Bleeper reserves the right to check the condition of and make modifications to its Bikes. The Lessee is obliged to cooperate with inspections, modifications and checks.
  3. The Lessee must report any defects, damage, loss or theft of the Bike to Bleeper within 24 hours and follow Bleeper’s reasonable instructions, including but not limited to cooperating in a police report (by Bleeper), providing a completed and signed damage claim form signed by all parties involved if the damage was caused by a third party. and providing all necessary information to Bleeper.
  4. The Lessee may not have a third party repair the Bike unless it has permission from Bleeper.
  5. Bleeper will assess the cause of the defect or damage and repair the Bike, unless it cannot be reasonably expected to do so. If the Bike cannot be repaired right away, Bleeper will contact the Lessee to plan a replacement within 48 hours. The Lessee cannot derive any rights if this term is not met. An exchange will only take place at the address provided when registering and is free when the exchange takes place at a pick-up point. In all other cases Bleeper will charge a fee of €50.
  6. Regular maintenance of the Bike is at the expense of Bleeper unless Bleeper believes the defect or damage is due to use by or on behalf of the Lessee. In this case, any costs of maintenance, replacement or repair or any other costs are at the expense of the Lessee. The related costs will then be charged to the Lessee in accordance with the table as included in the next article.
  7. In cases of improper use of the bike by the Lessee, Bleeper is entitled to take measures, including the immediate collection of the Bike, without releasing the Lessee from their payment obligations. The term improper use includes use of the Bike in violation of these general terms & conditions and use contrary to the normal use of a Bike, including under the influence of narcotics such as alcohol and/or drugs, cases of traffic violations, negligence or lack of normal care or maintenance.
  8. Bleeper will only exchange or repair the eBike if the Lessee has fulfilled all their financial obligations.

7.Damage, theft and liability

  1. The use of the Bike is at the Lessee’s own risk.
  2. Bleeper will inspect the Bike for damage (including theft or loss of the Bike and/or parts thereof) when it is returned. If the Bike is damaged, the damage is presumed to have been caused by the Lessee. Any costs for repairs or replacement are at the Lessee’s expense, unless the Lessee can prove that the damage was already there when the agreement started or should otherwise be at the expense of Bleeper. Bleeper applies the following table for cases of damage (amounts include VAT):

Table 1

 

eBike

Cargo eBike

Battery theft

€350

€350

Battery damage

€250

€250

Battery holder

€30

€30

Brakes

€40

€40

Controller

€200

€200

Controller casing

€50

€50

Charger

€85

€85

Crank

€150

€150

Front rack

€95

€95

Front fork

€300

€300

Headlight

€50

€50

Key or Key lock

€50

€50

Mudguard

€95

€95

Seat

€65

€65

Wheel (rim)

€100

€100

Prices Incl. VAT

 

If the bike is stolen the following charges will apply:

  eBike Cargo eBike
Bike theft* €1,500 €4,500

* If the Bike is found after a theft was reported, the Lessee will be changed a €50 processing and administration fee instead of the charges listed in Table 1. In addition,
Bleeper will charge €50 to the Lessee if a Bike has to be picked up from police storage.

      8.Duration and termination

      1. The agreement is concluded for an indefinite period unless both parties agree otherwise in writing. Bleeper and the Lessee can terminate the agreement prematurely, taking into account the following notice period:    

       

      eBike

      Cargo eBike

      Notice period

      7 days

      7 days

       

      1. The Lessee can only terminate the agreement by emailing customercare@bleeperactive.com.
      2. In the following cases, Bleeper can terminate the agreement extrajudicially and with immediate effect, without owing any damages and while retaining its rights:
      3. The Lessee does not comply with this agreement;
          1. The Lessee has been declared bankrupt or been admitted to the law debt restructuring scheme;
          2. Circumstances arise of such a nature that compliance with the agreement is impossible or that Bleeper cannot be compelled to continue the agreement as is.
          3. During the term of notice referred to in article 9(1), the Lessee still owes the agreed upon remuneration. Bleeper will contact the Lessee during this term of notice to discuss the return of the Bike. The Bike should be returned at the latest on the last day of the term of notice. The Lessee will cooperate fully with Bleeper in returning the Bike.
          4. Amounts invoiced by Bleeper before termination become immediately claimable on the termination date.
          5. The Bike can be returned to a Bleeper pick-up point by the Lessee, free of charge. Bleeper will charge €50 if required to pick up the Bike, with the fee paid by card directly to the driver. Returning a Bike to a pick-up point is free of charge.
          6. If the Bike is not returned by the Lessee on the last day of the term of notice:
            1. the termination is considered ineffective if the Lessee continues payment in accordance with the agreement after this date, and the agreement will continue as is;
            2. the termination is considered effective if the Lessee does not make any more payments in accordance with the agreement after this date and does not respond to Bleeper’s summons to return the Bike within 14 days, during which term the Lessee owes the full lease fee for one term. After this term passes without use, Bleeper has the right to charge the full value of the Bike to the Lessee in accordance with Article 8(2).

        9.Termination             

        1. Article 9 has no bearing on any termination of the agreement by Bleeper on legal grounds.
        2. In case of termination, the Lessee will return the Bike at the latest two days after the termination date in accordance with Article 9(5). If the Bike is not returned within said term, Article 9(6.1) or 9(6.1) applies correspondingly, in which ‘this date’ refers to the termination date.
        3. Amounts invoiced by Bleeper before termination will remain due and become claimable immediately. Amounts already received by Bleeper will not be returned. Bleeper is not liable for any damage to the Lessee due to termination based on this Article.

        10.Privacy

        1. Bleeper processes information about the use and/or maintenance of its Bikes as well as personal details of the Lessee for the purposes of this agreement, including a copy of the Lessee’s ID in accordance with privacy legislation.

        11.Ownership

        1. Bleeper retains ownership of the Bike. Upon termination of the agreement, the Lessee will hand over the Bike to Bleeper. This obligation cannot be delayed. 

        12.Liability 

        1. Bleeper is never liable to compensate the Lessee for any damages other than damages payable in accordance with the legislation. Bleeper is not liable for damages of the Lessee due to improper use of the Bike and/or battery as referred to in Article 7(6) of these conditions.
        2. Bleeper is only liable for damages caused by a defect to the Bike if the defect was already present when the agreement was entered into and Bleeper was or should have been aware of the defect, or if the defect was caused after the agreement was entered into but was nonetheless attributable to Bleeper. Bleeper is not liable for any personal damages that the Lessee can claim from their insurer or if the Lessee received another type of pay-out for them, unless Bleeper knew or should have known of the defect when entering into the agreement, or the defect was caused by the intent or gross negligence of Bleeper.  
        3. Should Bleeper be required to pay compensation, this will never exceed the amount of the damages covered by insurance plus the deductible, or the invoice amount paid by the Lessee under this agreement.
        4. Bleeper uses subcontractors for the implementation of the agreement, such as a hosting provider. Bleeper is not liable for any shortcomings under the agreement if they are the result of shortcomings on the part of its suppliers.

        13.Choice of law and authorised court

        1. Irish law applies to all relations between Bleeper and the Lessee.
        2. Disputes between the parties about the agreement or about acts in connection with the agreement will only be submitted to the authorised court in the district of Dublin.

        14.Changes

        1. Bleeper is authorised to change these terms and conditions. Bleeper must inform the Lessee of the new general conditions before they come into effect. If the amendment means that the Lessee is faced with an amendment that deviates substantially from the original, they are entitled to terminate the agreement from the date on which the changed conditions take effect.