Terms of service

CGV : (general conditions of sale) : physical sale

1.    Scope of application
a)    These general terms and conditions of sale (hereinafter referred to as "GTC") govern the contractual relationship between the customer and the company DNA Mobile SA, hereinafter referred to as "the seller".
b)    The customer declares that he/she is a natural person of legal age or a legal entity with the legal capacity to accept these general terms and conditions of sale and to place an order on the site or in a store.
c)    The version of these terms and conditions valid at the time the contract is concluded shall prevail.

2.    Conclusion of contract
a)    The presentation of the DNA Mobile SA product range on the company's website or in catalogs, price lists, etc., constitutes a non-binding offer to conclude a contract. In particular, the products shown may only be ordered while stocks last. Photos printed in catalogs or published on the website are for illustrative purposes only and are non-binding.
b)    A quotation is drawn up with the customer at the start of the sales process. This is valid for a limited period until the end of the current month.
c)    The customer's order marks the conclusion of the sales contract.
d)    The technical details of the product purchased are known to the customer, who has been able to familiarize himself with them thanks to the technical data sheet for each product available on the www.miloo.com website. A subsequent change to the order is in principle excluded. Any modification of the sales contract always requires the prior agreement of the seller. Any costs incurred as a result of such changes shall be borne by the customer.
e)    The validation of an order does not always guarantee the availability of products (stock error possible). In the event of unavailability, DNA Mobile SA reserves the right to cancel the sale after proposing a replacement alternative and undertakes to reimburse the customer within a maximum of 15 working days.

3.    Contractual penalty
a)    Cancellation of an order by the customer results in a penalty of 20% of the sale price to be paid to the seller (art. 160 CO).

4.    Collection, due date and payment
a)    Upon placing an order, the customer shall pay the seller a deposit corresponding to at least 50% of the required purchase price. Payment of the remaining purchase price is due at the time of delivery. In the case of payment by credit card, bank or postal transfer, the purchase price is considered paid when the corresponding financial institution can confirm to DNA Mobile SA the unconditional receipt of payment.
b)    Delivery time is 3 to 6 weeks from the date of order confirmation and payment of 50% of the sales price (deposit).
 
c)    DNA Mobile SA reserves the right to extend the delivery time in the event of supply or other problems, and will of course inform the customer as soon as possible.
d)    As soon as the bike configured to the customer's requirements is ready for delivery, the seller will inform the customer and agree a delivery date.
e)    At the time of delivery, the seller has the customer sign a "delivery sheet", confirming that the product conforms to the customer's expectations. Once the delivery sheet has been signed, the product cannot be returned, unless there is a quality problem covered by the sales guarantee (Ch. 8 and 9).
f)    DNA Mobile SA accepts payment by cash, credit card, bank transfer and Twint.
g)    If the Customer does not collect the product on the agreed date, DNA Mobile SA will send a formal notice to the Customer and, if the Customer still does not appear within 30 days of DNA Mobile SA sending the formal notice, DNA Mobile SA may terminate the contract.
h)    If, by way of exception, the product is handed over before the purchase price has been paid in full, or if payment subsequently proves to be incomplete, DNA Mobile SA is authorized to initiate proceedings with the Office des Poursuites (Debt Collection Office) in the event of refusal to pay the balance due. The signed order constitutes a title of release.

5.    Right of return
a)    The customer has a period of 7 clear days from receipt of delivery to return the parcel- at his/her own expense- if the products do not suit him/her. This does not apply to bicycles, which cannot be returned.
b)    Products returned- excluding bicycles- must be new and in their original packaging, unused, unworn, unwashed, unmodified and undamaged, with no trace of use whatsoever. Any accessories, instructions or documentation accompanying the product must also be included in the package. In the event of cancellation and return of goods by the customer, DNA Mobile SA will refund the value of the returned goods less delivery costs to the customer within fifteen working days of receipt and inspection of the goods.

6.    Prices and late payment
a)    Prices quoted on the website and in-store are indicative, include VAT and are in Swiss francs (CHF).
b)    Product prices do not include the cost of delivery to the customer, which will be added to the final invoice. If the customer collects his/her order from the store, no delivery charges will be billed.
c)    Any invoice not paid by the due date shall bear interest at 5% per annum. DNA Mobile SA reserves the right to claim additional damages.

7.    Services
a)    Services are subject to a quotation validated by the customer in advance.
b)    Unless otherwise agreed, the bike will be returned to the customer only after full payment has been received.
c)    If the seller exceptionally grants the customer a period of grace in which to pay, and if this period elapses without payment, the payment is automatically considered to be overdue, even without the issue of a reminder.
 
d)    Any invoice not paid by the due date shall bear interest at 5% per annum. DNA Mobile SA reserves the right to claim additional damages.
e)    Following a service, if the customer does not collect his or her bike, the customer will be billed CHF 20 per day, starting from one working week.
f)    Labor costs for the first service are included in the purchase price of the bike and must be performed within the first 300 to 400 km and the first year of ownership. If the number of kilometers is exceeded, the company reserves the right to invoice the customer for this service. Any spare parts to be replaced are not included in this service and are at the customer's expense.

8.    Warranty
a)    The warranty for a new bicycle purchased from the www.miloo.com website or from a DNA Mobile SA boutique is 2 years from the date of delivery/receipt.
b)    The warranty for a used bike purchased from www.miloo.com or from a DNA Mobile SA boutique is one year from the date of delivery/receipt.

6.    Warranty exclusions
a)    The warranty applies only to the original owner and is not transferable.
b)    The warranty covers only bicycles and bicycle components purchased from DNA Mobile SA and is valid only in the country in which the bicycle or component was purchased.
c)    The warranty does not cover damage and/or defects resulting from the following conditions:
i.    Use, handling, maintenance or overloading of the product in a manner contrary to its specifications, normal use or instructions found in the user manual available at www.miloo.com ;
ii.    Normal deterioration. Parts and components are subject to different service lives depending on use, load, weather, road conditions, etc. ;
iii.    Finishing/painting is considered consumable and is not included in the warranty;
iv.    If any component of the bike has been reassembled, repaired or modified by personnel not authorized by DNA Mobile SA;
v.    If the bike has been exposed to fire, flood or accident, inappropriate action by a third party and/or events beyond the control of DNA Mobile SA;
vi.    Following modification of the frame, fork, stem or other components;
vii.    Following the installation of parts, accessories, motors or batteries not initially compatible with the bicycle sold;
viii.    If the frame number and/or service label has been removed, altered or tampered with in such a way as to render it illegible.
d)    There are no warranties other than those set forth in this document. This warranty can only be modified by DNA Mobile SA.
e)    If any part of this warranty does not comply with applicable law, it shall be considered separately from the remainder of this warranty, which shall remain in effect and prevail over local law.
 
f)    The customer must make reasonable use of the product in accordance with the instructions provided, store the product in good conditions, comply with the lubrication program and ensure that the product is properly maintained. In the event of a problem with the product, the customer is advised to stop using the bike immediately and take the defective part(s) to a DNA Mobile SA store in order to activate the warranty (within the warranty period). Transport of the bike or any of its components is the sole responsibility of the owner.
g)    Any claim under this warranty must be submitted to a DNA Mobile SA store. All claims must be accompanied by proof of purchase (digital or physical copy).

10.    Applicable law
a)    All disputes between the customer and the seller are subject to Swiss law. The place of jurisdiction is Geneva.

11.    Data protection
a)    All personal customer data collected in DNA Mobile SA stores or on the www.miloo.com website is required for order processing and invoicing. In order to respect the customer's privacy, this data is not communicated to third parties other than our service providers. Upon written request, the customer has the right to access, modify, rectify or delete data concerning him/her collected by the site.
b)    Details of DNA Mobile SA's data processing policy are available at www.miloo.com.

 

Terms and conditions of sale: online sales

1.    Scope of application
a)    These general terms and conditions of sale (hereinafter referred to as "GTCS") govern the contractual relationship between the customer and the company DNA Mobile SA, hereinafter referred to as "the seller".
b)    The customer declares that he/she is a natural person of legal age or a legal entity with the legal capacity to accept these terms and conditions of sale and to place an order on the site or in a store.
c)    The version of these terms and conditions valid at the time the contract is concluded shall prevail.

2.    Contract execution
a)    The presentation of the DNA Mobile SA product range on the company's website or in catalogs, price lists, etc., constitutes a non-binding offer to conclude a contract. In particular, the products shown may only be ordered while stocks last. Photos printed in catalogs or published on the website are for illustrative purposes only and are non-binding.
b)    Online orders are validated only after 100% payment has been received by the customer.
 
c)    The technical details of the product purchased are known to the customer, who has been able to take note of them thanks to the technical data sheet for each product available on the www.miloo.com website. Subsequent changes to the order are in principle excluded. Any modification of the sales contract always requires the prior agreement of the seller. Any costs incurred as a result of such changes shall be borne by the customer.
d)    The validation of an order does not always guarantee the availability of products (stock error possible). In the event of unavailability, DNA Mobile SA reserves the right to cancel the sale after proposing a replacement alternative and undertakes to reimburse the customer within a maximum of 15 working days.

3.    Contractual penalty
a)    Cancellation of an order by the customer results in a penalty of 20% of the sale price to be paid to the seller (art. 160 CO).

4.    Collection, due date and payment
a)    In the case of payment by credit card, bank or postal transfer, or in the case of cash payment, the sales price is considered as paid from the moment the corresponding financial institution can confirm to DNA Mobile SA the unconditional receipt of payment.
b)    Delivery time is 3 to 6 weeks from the date of order confirmation and payment of 100% of the sales price.
c)    DNA Mobile SA reserves the right to extend the delivery time in the event of supply or other problems, and will of course inform the customer as soon as possible.
d)    As soon as the bike configured to the customer's requirements is ready for delivery, the seller will inform the customer and agree a delivery date.
e)    At the time of delivery, the seller has the customer sign a "delivery sheet", confirming that the product conforms to the customer's expectations. Once the delivery sheet has been signed, the product cannot be returned, unless there is a quality problem covered by the sales guarantee (Ch. 8 and 9).
f)    DNA Mobile SA accepts payment by cash, credit card, bank transfer and Twint.
g)    If the Customer does not collect the product on the agreed date, DNA Mobile SA will send a final notice to the Customer and, if the Customer still does not appear within 30 days, DNA Mobile SA may terminate the contract.
h)    If, by way of exception, the product is delivered before the purchase price has been paid in full, or if payment subsequently proves to be incomplete, DNA Mobile SA is entitled to initiate proceedings with the Office des Poursuites (Debt Collection Office) in the event of refusal to pay the balance due. The signed order constitutes a title of release.

5.    Right of return
a)    The customer has a period of 7 clear days from receipt of delivery to return the parcel- at his/her own expense- if the products do not suit him/her. This does not apply to bicycles, which cannot be returned.
 
b)    Returned products must be new and in their original packaging, unused, unworn, unwashed, unmodified and undamaged, with no trace of use whatsoever. Any accessories, instructions or documentation accompanying the product must also be included in the package. In the event of cancellation and return of goods by the customer, DNA Mobile SA will refund the value of the returned goods less delivery costs to the customer within fifteen working days of receipt and inspection of the goods.

6.    Prices and late payment
a)    Prices quoted on the website and in-store are indicative, include VAT and are in Swiss francs (CHF).
b)    Product prices do not include the cost of delivery to the customer, which will be added to the final invoice. If the customer collects his/her order from the store, no delivery charges will be billed.
c)    Any invoice not paid by the due date shall bear interest at 5% per annum. DNA Mobile SA reserves the right to claim additional damages.

7.    Services
a)    Services are subject to a quotation validated by the customer in advance.
b)    Unless otherwise agreed, the bike will be returned to the customer only after full payment has been received.
c)    If the seller exceptionally grants the customer a period of grace in which to pay, and if this period elapses without payment, the payment is automatically considered to be overdue, even without the issue of a reminder.
d)    Any invoice not paid by the due date shall bear interest at 5% per annum. DNA Mobile SA reserves the right to claim additional damages.
e)    Following a service, if the customer fails to collect his or her bike, the customer will be billed CHF 20 per day, starting one working week later.
f)    Initial service labor is included in the purchase price of the bike and is to be performed within the first 300 to 400 km and the first year of ownership. If the number of kilometers is exceeded, the company reserves the right to invoice the customer for this service. Any spare parts to be replaced are not included in this service and are at the customer's expense.

8.    Warranty
a)    The warranty for a new bicycle purchased from the www.miloo.com website or from a DNA Mobile SA boutique is 2 years from the date of delivery/receipt.
b)    The warranty for a used bike purchased from www.miloo.com or from a DNA Mobile SA boutique is one year from the date of delivery/receipt.

6.    Warranty exclusions
a)    The warranty applies only to the original owner and is not transferable.
b)    The warranty covers only bicycles and bicycle components purchased from DNA Mobile SA and is valid only in the country in which the bicycle or component was purchased.
c)    The warranty does not cover damage and/or defects resulting from the following conditions:
 
i.    Use, handling, maintenance or overloading of the product in a manner contrary to its specifications, normal use or instructions found in the user manual available at www.miloo.com ;
ii.    Normal deterioration. Parts and components are subject to different service lives depending on use, load, weather, road conditions, etc. ;
iii.    Finishing/painting is considered consumable and is not included in the warranty;
iv.    If any component of the bike has been reassembled, repaired or modified by personnel not authorized by DNA Mobile SA;
v.    If the bike has been exposed to fire, flood or accident, inappropriate action by a third party and/or events beyond the control of DNA Mobile SA;
vi.    Following modification of the frame, fork, stem or other components;
vii.    Following the installation of parts, accessories, motors or batteries not initially compatible with the bicycle sold;
viii.    If the frame reference and/or service label has been removed, altered or tampered with in such a way as to render it illegible.
d)    There are no warranties other than those set forth in this document. This warranty may only be modified by DNA Mobile SA.
e)    If any part of this warranty does not conform to applicable law, it shall be considered separately from the remainder of this warranty, which shall remain in effect and prevail over local law.
f)    The customer must make reasonable use of the product in accordance with the instructions provided, store the product in good conditions, comply with the lubrication program and ensure that the product is properly maintained. In the event of a problem with the product, the customer is advised to stop using the bike immediately and take the defective part(s) to a DNA Mobile SA store in order to activate the warranty (within the warranty period). Transport of the bike or any of its components is the sole responsibility of the owner.
g)    Any claim under this warranty must be submitted to a DNA Mobile SA store. All claims must be accompanied by proof of purchase (digital or physical copy).

10.    Applicable law and place of jurisdiction
a)    All disputes between the customer and the seller are subject to Swiss law. The place of jurisdiction is Geneva.

11.    Data protection
a)    All personal customer data collected in DNA Mobile SA stores or on the www.miloo.com website is required for order processing and invoicing. In order to respect the customer's privacy, this data is not communicated to third parties other than our service providers. Upon written request, the customer has the right to access, modify, rectify or delete data concerning him/her collected by the site.
b)    Details of DNA Mobile SA's data processing policy are available at www.miloo.com.