LEGAL NOTES

1. Conditions of use.

We are pleased to welcome you to our website. Access to this website and its use are subject to the conditions of use listed below. Please read the conditions of use contained in this document carefully before using the website. By opening and using the website you confirm that you have read and understood the conditions of use and agree to them. If you do not agree to this website’s conditions of use, please leave the website immediately. Intellectual property rights All copyrights and other intellectual property rights in connection with all texts, images and other content provided on this website are the property of Speedbicycles GmbH (Ltd liab. Co) (SARL). Any content on this website identified as a trade or service mark or as a logo is a registered and/or unregistered Speedbicycles GmbH (Ltd liab. Co) (SARL) mark. Information may be downloaded or printed from this website solely for private and non-commercial use. All property rights shall remain with Speedbicycles GmbH (Ltd liab. Co) (SARL). The duplication, transmission, amendment, linking or use of the website for commercial purposes is not permitted without prior written consent from Speedbicycles GmbH (Ltd liab. Co) (SARL). The misuse of trademarks or other content contained in this site is strictly forbidden. Attention is explicitly drawn to the fact that Speedbicycles GmbH (Ltd liab. Co) (SARL) will assert its intellectual property rights consistently, making full use of the legal means available. Access and use of this website will not grant you any licence or property rights of Speedbicycles GmbH (Ltd liab. Co) (SARL) or third parties of any kind. No guarantee and no liability Speedbicycles GmbH (Ltd liab. Co) (SARL) shall make every effort to provide exact information, but we provide no warranty or guarantee, either explicit or implicit, for the accuracy and completeness of the information on this website, and reject any liability or responsibility for direct and indirect damage, costs, losses or liability claims which may be caused by access to or use of this website. Furthermore, Speedbicycles GmbH (Ltd liab. Co) (SARL) does not assume any liability or responsibility of any kind for losses incurred in connection with viruses which have attacked your computer systems or other property after your using, accessing or downloading content from this website. In principle, content is downloaded from this website at your own risk. To the extent permitted by law, you will herewith explicitly absolve Speedbicycles GmbH (Ltd liab. Co) (SARL), its senior employees, directors, staff and programmers from all claims for damages as a consequence of using or accessing this website. Links to other websites This website may contain links or references to other Internet sites or may be opened via links from other websites over which Speedbicycles GmbH (Ltd liab. Co) (SARL) has no influence. Speedbicycles GmbH (Ltd liab. Co) (SARL) shall assume no responsibility for the availability and content of these other websites, and shall not be liable for damage or harm that occurs on the basis of using such content or such access. Any link to other websites serves solely to make this website more user-friendly. Applicable law and place of jurisdiction Any disputes or claims which may accrue from using this website are subject to Swiss law. Basel (Basel-Stadt) is the sole place of jurisdiction. Changes to the conditions of use We reserve the right to change or correct these conditions of use at any time. As a user of this website, you will also be bound by these revised conditions of use. We therefore recommend that you visit this page on a regular basis to keep up-to-date with the current conditions of use.

2. Data privacy statement

We are pleased to welcome you to our website. Please read this data privacy statement to find out how we collect, use and protect personal data. By using our website, you agree to the personal data collected about you being processed in the manner described in this data privacy statement and for the purposes described therein. Collection and use of personal data You can visit our website without disclosing any personal information about yourself. We shall only collect personal data (such as your name, address, telephone number, e-mail address etc.) if you make these available to us voluntarily. Your personal data will be used solely for the purposes for which you have made them available to Speedbicycles GmbH (Ltd liab. Co) (SARL). We do not pass personal data on to third parties for marketing purposes. Security Speedbicycles GmbH (Ltd liab. Co) (SARL) relies on security measures to protect your personal data from loss, unauthorised access, improper use, alteration or destruction. Only authorised employees of Speedbicycles GmbH (Ltd liab. Co) (SARL) have access to your personal data. Links to other websites The present data privacy statement only applies to the Speedbicycles GmbH (Ltd liab. Co) (SARL) website and excludes third-party websites. Tracking data We reserve the right to collect tracking data, which provide us with information about users’ surfing patterns. These tracking data do not allow any persons to be determined. We use any tracking data collected to tailor the content of the website more precisely to customers’ requirements, and to prepare statistics showing individual use of the website (for the purposes of internal market analysis). Data transfer abroad Your personal data may be exchanged between various companies within Speedbicycles GmbH (Ltd liab. Co) (SARL). In the event of data being transferred abroad, Speedbicycles GmbH (Ltd liab. Co) (SARL) will undertake the necessary steps to guarantee that your personal data are protected both during the data transfer and at the destination. Updating the data privacy statement Speedbicycles GmbH (Ltd liab. Co) (SARL) may revise this data privacy statement from time to time. Amendments to this data privacy statement will be communicated without delay on this page. Contacting Speedbicycles GmbH (Ltd liab. Co) (SARL) If you have any questions or wish Speedbicycles GmbH (Ltd liab. Co) (SARL) to amend or delete your personal details, please notify us of this in writing by post at the following address: Speedbicycles GmbH, PO Box 1839, 4001 Basel, Switzerland.

3.General conditions of sale and delivery

General conditions All our quotations, sales and deliveries shall be subject to the following conditions exclusively, even if the customer expressly specifies otherwise. With the acceptance of our confirmation of order or the delivery of our goods, the customer declares his acceptance of our terms and conditions. Silence on our part as regards the customer’s terms and conditions shall not constitute any acknowledgement of, or consent to, the customer’s terms and conditions under any circumstances. All quotations are without obligation. Supplementary agreements and any other informal commitments need to be confirmed in writing by our Head Office in every case. None of the information contained in our catalogues is binding. This also applies to illustrations, weights, measurements and performance data. We reserve the right to alter specifications without notice.

3.1. Prices and sales tax

The prices and conditions which will apply are those in effect at the date of delivery. The quoted prices for our product range are EX WORKS, incl. packaging, not insured unless otherwise expressly and separately agreed. At the time valid incoterms shall apply. All prices shall be exclusive of Value Added Tax, which is shown separately in our invoices. In the case of inter-company deliveries, the purchaser shall give us an undertaking that the goods are being procured for his own company and are subject to the tax regulations applicable in his country. Prices are subject to change without notice.

3.2. Delivery and acceptance

Quoted delivery periods are approximations. If circumstances arise for which we are not responsible, e.g. a delay occasioned by delivery problems on the part of our subcontractors, the delivery period shall be extended accordingly. The delivery period shall also be appropriately extended in the event of industrial action, particularly strikes and lockouts. In the event of a resultant delay in delivery on our part, the customer shall not be entitled to any claims or cancellation of the transaction.

3.3. Right of the supplier to withdraw

In the event of a serious deterioration in the customer’s business, particularly financial circumstances, stoppage of payments, winding-up or transfer of the business or his death or similar, or if the customer pledges stock, receivables or the purchased goods, or orders them as a security for other creditors, the supplier shall be entitled to demand security and to rescind his obligation to supply if the security is inadequate, and to demand compensation on grounds of nonfulfilment. In the event that we are prevented from manufacturing the ordered goods due to circumstances for which we are not to blame, we reserve the right to withdraw from the contract, wholly or partially, without the client being thereby entitled to make any claim whatsoever for compensation, subsequent delivery or withdrawal from the contract.

3.4. Packing, transport, carriage charges, small order supplement and transfer of risk

We reserve the right to choose the type of packaging used. Cardboard, paper and plastic packaging will not be taken back but must be disposed of by the receiver of the goods. Pallets, wire-mesh box pallets and other usable containers may be returned to us, carriage paid, within three months. Deliveries by post and express services will be charged at cost. If a carriage paid delivery is agreed, the supplier shall be entitled to choose the method of transport employed. For consignments to third parties, an adequate supplement of a percentage of the value of the goods will be charged. All risks shall be transferred to the customer when the goods leave our factory/ depot or are made available to the customer at our factory/depot.

3.5. Terms of payment

Our invoices are payable immediately net in Swiss Francs or Euro or US Dollar after receipt of invoice unless otherwise expressly and separately agreed. In the event of delays in payment, the customer shall without further reminder be liable to pay to Speedbicycles GmbH (Ltd liab. Co) (SARL) default interest at a rate of 2% above the relevant discount rate of the National Bank of Switzerland. As long as older invoices remain unpaid, no entitlement to discount shall exist on the payment of new invoices. Bills of exchange shall not be accepted. If payment is made by cheque or other form of documentary remittance, the charges therefore shall be borne by the customer. If the customer is late in making a payment or his financial situation deteriorates markedly after the conclusion of the contract, all debts shall immediately become due for settlement. The customer may only offset these with uncontested or legally established counter-claims. The punctuality of payments, or otherwise, is determined by the date on which the funds are received by us.

3.6. Retention of title

We shall retain title to the goods supplied until all the debts due to us and incurred as a result of the business relationship have been settled in full, irrespective of the legal justification therefore. As far as such retention of title has to be recorded in public registers, the customer undertakes to issue all statements legally due for this purpose upon the supplier’s first request. The customer shallbe entitled to process our products or to use them with other products within the scope of his regular business operations. As a surety against our aforesaid entitlements, we shall acquire co-ownership of the objects resulting from the processing or combined use of our products, the said co-ownership being assigned to us by the customer coincidentally with the acceptance of these Conditions of Sale. The customer shall be required to keep the objects subject to our co-ownership at no charge to us. The amount of our share of co-ownership shall be determined in accordance with the value of our product relative to the value of the object resulting from its processing or combined use by the customer. We grant our customers the right of resale in the normal course of business, subject to revocation. The said right shall be withdrawn in the event of a suspension of payments. With the acceptance of these Conditions of Sale, the customer shall assign to us all the debts and additional rights accruing to him from the resale. The assigned debts shall serve as a security for all our claims. The customer shall be entitled to collect the assigned debts, provided we have not revoked this authorisation. The authorisation to collect debts shall be withdrawn, even without any express revocation, if the customer suspends his own payments. If we so request, the customer shall inform us in writing and without delay as to whom he has resold the goods and the debts due to him as a result of the resale, and furnish us with certified documents of transfer of the debts at his expense. The customer shall not be entitled to any other provisions in respect of the objects to which we retain title or of which we hold co-ownership, or in respect of any debts assigned to us. The customer shall notify us with-out delay of any attachments or other legal impairments relating to objects belonging to us, either wholly or partially. We shall be entitled at any time to call for the return of goods belonging to us if the customer falls into arrears on a payment or if his financial situation deteriorates to a marked extent. If we enforce this right, withdrawal from the contract shall only arise if we expressly declare the same, irrespective of any other mandatory official regulations. If the value of the securities assigned to us exceeds our receivables and entitlements to redemption by more than 20 %, we shall, at the customer’s request, release securities to an amount to be decided by us. Samples and drawings shall remain our property, even if the customer bears the costs, or a proportion of the costs, thereof.

3.7. Returns Goods may not be returned without our prior consent.

Failing this, returned goods shall not be accepted. In the case of returns, we shall be entitled to levy a processing charge according to our goodwill procedure. The costs of any reconditioning required shall be invoiced separately. If goods which have been delivered carriage paid are subsequently returned by the customer, the costs of the initial delivery shall be deducted from the credit note.

3.8. Warranty and Liability

We guarantee only the perfect, functioning of new products provided they are installed correctly and in accordance with their inten-ded purpose. In the event of proven defects in material or work-manship we shall provide full replacement of materials. We shall not be liable for old and used items even when new-old-stock, any further damage, particularly as a result of improper handling, overloading or natural wear and tear. This shall apply in particular to surface damage caused by the use of incorrectly used, abrasive or aggressive cleaning agents. Our warranty and liability in respect of materials not manufactured by us shall be restricted to the warranty and liability provi-ded for in the conditions of sale or our subcontracted suppliers. The warranty period shall be 1 year from the date of invoice of the defective fitting. If we manufacture goods to a customer’s specification, he shall be wholly responsible for ensuring that no patents or other third party rights are infringed. Any complaints concerning the weight, quantity or quality of the goods shall be notified in writing immediately after their discovery and, in any case, one week at the latest after receipt of the consignment. If the complaint proves to be justified, a replacement consignment shall be delivered free of charge and carriage paid to the original destination; in the event of quality defects, however, this shall only apply if the faulty parts are returned. Any further claims for replacements or abatement or compensation for indirect and/or direct damages shall be excluded, unless we are unable to effect a re-delivery or are guilty of gross negligence. The goods must still be in the condition in which they were delivered. For goods which have been used, the warranty terms shall apply.

3.9. Place of fulfilment, court of jurisdiction, obligations imposed by contracts

The place of fulfilment for all the obligations arising from the contract is the place in which the supplier’s premises are located. The court of jurisdiction for both parties is the suppliers domicile. The contractual relationship is subject to the material laws of Switzerland. Should any provision of the contract be or become partly or entirely invalid, the validity of the remaining provisions of the contract shall not be affected. The invalid provisions are replaced by a valid rule, which attains the parties economic intent and purpose with regard to the invalid provision. The same shall apply in the event of any gaps of the contract. The Swiss original of the “Conditions of Sale and Delivery” is authoritative.