Terms of use

Website - Terms

Welcome to the Cowboy website
1. We are Cowboy SA, established in rue de la Régence 67, 1000 Bruxelles, Belgium.
  Company number: 0669.908.031
  VAT-number: BE0669.908.031
  E-mail address: hello@cowboy.com.
2. These are the terms of use for our website accessible via cowboy.com.
We respect your privacy
This website uses cookies as indicated in our cookie policy. Your personal data are processed in accordance with our data protection policy.
Intellectual property
1. If you comply with these terms, we grant you a non-exclusive, non-transferable, limited and revocable right of use of the website for non-commercial purposes, as described in this document.
2. This website and all content that we put at your disposal, including software, pictures, graphic elements, logos, documents, texts, slogans, user content, and other information (“Content”), as well as all related intellectual property rights (including copyrights, database rights and trademark rights) and other rights, are our exclusive property, or are the property of their respective holders.
3. You are not allowed to copy, display, republish, translate, offer, transfer or distribute in any way, any part of the website or of the Content, expect as explicitly allowed in these terms or otherwise explicitly permitted in writing by us and the respective holders.
Contents
1. Cowboy may provide links to third party apps/contents/services for information purposes.
2. Cowboy may also allow users to post contents such as pictures, ratings, reviews, comments, questions, and other information (“User Contents”), which are the property of the user concerned.
3. You agree not to post User Contents with any commercial or professional purposes or that may be unlawful, harmful, abusive, offensive, defamatory, infringing, harassing, invasive of personal privacy or otherwise inappropriate. We reserve the right to refuse and/or remove any User Contents that we believe, in our sole discretion, violate these terms.
4. By posting User Contents on this website: you grant us a non-exclusive, transferable, sublicensable, royalty-free, perpetual, worldwide and irrevocable license to use, modify, translate, reproduce, publish and distribute your User Contents in connection with Cowboy and any other of our services and of the services of our affiliated companies; you grant each User of this website a non-exclusive, non-transferable and royalty-free license to use your User Contents as permitted through the features of the website and in accordance with these terms; you represent and warrant that you have all rights necessary for the purpose of this section.
Liability
1. We do not explicitly or implicitly make any commitment concerning: the website's availability at a specific place and a specific point in time, or its compatibility with your hardware, or undisturbed use, continuity, the absence of viruses, bugs or other faults and any remedies; the website's content, including the User Contents and the links to third party apps/contents/services.
2. To the extent permitted by applicable law, we are not liable for any harm resulting from the website and our products and services, unless in the case of intentional fault.
3. Our liability is in any case excluded for indirect damages such as loss of income, loss of productivity and loss of data, or for moral damages, including (but not limited to) reputational damage.
4. The limitation of liability in the foregoing sections applies to the extent permitted by applicable law, irrespective of the applicable liability regime, and even in case of serious fault.
5. Despite the foregoing provisions, if Cowboy is found liable, our liability is, in any case, limited to 100 EUR.
Final provisions
1. These terms are exclusively governed by Belgian law. The courts of the place of our registered office have exclusive jurisdiction to settle any dispute regarding these terms, without prejudice to the applicable mandatory law that provides that the courts of your place of residence are competent.
2. If you do not accept these terms, then you must stop all use or visiting of the website.

Bike - Terms

Identity of the vendor
We are Cowboy SA, established in rue de la Régence 67, 1000 Bruxelles, Belgium.
Company number: 0669.908.031
VAT-number: BE0669.908.031
E-mail address: hello@cowboy.com.
Definitions

Cowboy
Cowboy SA whose details are mentioned under 1 above.
Client (hereinafter 'you' or 'Client')
Any natural or legal person with whom Cowboy enters into an agreement or with whom Cowboy 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 Cowboy
Applicability
1. Cowboy's conditions of sale apply to every offer of product from Cowboy to the Client.
2. Cowboy delivers new Cowboy 3 bikes exclusively to Austria, Belgium, Denmark, France, Germany, Italy, Luxembourg, the Netherlands, Spain, Sweden, and the United Kingdom. Cowboy delivers Cowboy 1 bikes exclusively to Belgium and The Netherlands. If you submit a delivery address outside these countries, Cowboy reserves the right to decline the order.
3. To be able to place an order, you must be above the age of 18 and not legally incapacitated and have a valid e-mail address. If it comes to Cowboy's attention that an order is made by a minor, Cowboy reserves the right to decline the order.
4. To be able to use your Cowboy bike, you must have a mobile device with internet access and GPS signal. In order to start using your Cowboy bike, you will first need to download the Cowboy app (available via the App Store and Google Play) and to activate your personal Cowboy account. The download and use of the Cowboy app is free of charge and subject to Cowboy app's conditions of use.
5. You shall bear the sole and exclusive responsibility for all aspects of your rides, including the compliance with all road, traffic and insurance rules that may apply to you. These rules may vary in each country. It is your responsibility to assess your compliance in this respect. In Belgium, for example, you must equip your Cowboy with front, rear and wheel reflectors as well as a bell in order to comply with the traffic code.
6. You shall bear your owns costs relating to the use of your Cowboy bike and app, including any costs relating to your mobile device, internet connection, GPS, reloading of the battery, bell and reflectors.
7. Placing an online order on the website constitutes a formal acceptance of Cowboy's conditions of sale, of the Cowboy app's conditions of use and of Cowboy's data protection policy, which are available on our website.
Our offer and your order
1. Cowboy explicitly states in its offer when it is only valid for a constrained period of time or is subject to specific conditions other than those set out in these conditions of sale
2. Cowboy describes in a clear, complete and accurate way the products it sells to you, as well as the steps of Cowboy's delivery process.
3. The purchase agreement between us is concluded once Cowboy confirms your order in writing. The confirmation will follow after Cowboy receives approval from the issuer of your card. Orders without valid payment by name of the registered cardholder will not be accepted or processed by Cowboy. When you use the bankcard from another cardholder, you confirm you have the permission to use that bankcard to make the purchase from Cowboy and issue the payment. Should the issuer of your card refuse to agree on your payment to Cowboy, Cowboy cannot be held responsible for any delays in the delivery and/or non-delivery of your order. Cowboy accepts the following payment methods: Visa, MasterCard and Bancontact.
4. Cowboy shall deliver the goods within 30 days of Cowboy's written order confirmation.
5. In order to purchase a product, you add it to your shopping cart. Next, you submit your contact details and billing data. Subsequently, you confirm the delivery via Mondial Relay. In the final step you are led to an overview page. By pressing the button “order and pay”, you accept Cowboy's conditions. If you have completed these steps, your order becomes final.
6. These terms and conditions may be updated from time to time. We reserve the right to modify, amend, or change these terms and conditions at any time, with or without notice to you. It is your responsibility to review these terms and conditions periodically to ensure that you are aware of any changes. By continuing to use our products after any modifications, amendments, or changes to these terms and conditions, you agree to be bound by such revised terms. Furthermore, we reserve the right to apply the new limitations or any other changes retroactively to previous purchases.
Right of withdrawal
1. If you are a consumer, you have the right to withdraw from your purchase and return your order without giving any reason. If you withdraw, you will lose access to the Cowboy app.
2. The withdrawal period shall expire after 14 days from the day on which you or a third party other than the carrier and indicated by you acquires physical possession of the goods. When goods are delivered in multiple lots or pieces, the withdrawal period shall expire after 14 days from the day on which you acquire the physical possession of the last lot or piece.
3. Please note that you cannot exercise a right to withdrawal in case of goods made to the consumer's specifications or clearly personalised.
4. You shall send back the goods or hand them over to Cowboy, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
5. The return shipping costs are at the customer's expense. You shall handle the order as well as the packaging with the utmost care during the first 14 days after delivery. You, the customer, are responsible for returning the bike in its original condition. The product must be correctly protected, in its original packaging, in perfect condition for resale.
6. Delivery refusal is considered a return, therefore return shipping fees will be applicable.
7. You are liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. In order to establish the nature, characteristics and functioning of the goods, you should only handle and inspect the product in the same manner as you would be allowed to do in a shop.
8. Installing the pedals and/or adjusting the handlebars and/or adjusting the saddle is likely to create small claws which diminish value of the bike. To the extent that these actions are not necessary to establish the nature, characteristics and functioning of the bike, you are liable towards Cowboy for any diminished value caused by these actions. Riding the bike is considered handling the goods beyond what is allowed in a shop. In case of a dispute, proof such as a photo taken at the time of shipping is required.
9. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of incorrect handling of the goods.
10. In case you send the goods back to Cowboy, Cowboy can refuse repayment as long as Cowboy has not received the returned goods or until you have proved you have returned the goods, depending on which event occurs first.
11. Cowboy shall reimburse you not later than 14 days starting from the day we received your returned goods. If Cowboy offers to collect the goods itself, you will be reimbursed within 14 days starting from the day you informed Cowboy to withdraw from the purchase agreement.
12. Cowboy shall 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. Cowboy shall not reimburse the supplementary costs, if you have expressly opted for a type of delivery other than the least expensive type of standard delivery offered by Cowboy.
13. In order to exercise your right to withdrawal, you can fill out the form in annex (or make a similar unequivocal statement) and send it by mail or e-mail as indicated under 1 above. We will send you an acknowledgement of your withdrawal.
Price
1. The applicable prices are those in force at the moment of the conclusion of the purchase agreement. During the period Cowboy mentions in its offer, Cowboy's prices do not change, except for price changes that may result from changes in tax rates.
2. Unless provided otherwise, the prices mentioned in our offers include VAT and all other taxes but exclude the shipping costs. The shipping costs may vary depending on the delivery mode and country of delivery.
3. Cowboy will always inform you about the total price before you proceed to your order.
Payment
1. We only accept advance payment through our website using the payment methods indicated on our website (see section 4 above).
2. In order to guarantee safe online payment and the safety of your personal data, the transaction data will only be wired while encrypted with SSL technology. In order to make payments with SSL no special software is required.
Warranty
1. If you are a consumer you have a legal warranty of 2 years for the goods you purchased from Cowboy. This 2-year warranty still applies if the bike is transferred to another owner, and the warranty expires 2 years after the bike was originally (first) purchased.
2. Bikes sold via the Cowboy Circular program come with a 1 year warranty.
3. This warranty covers all original components against defects in workmanship and materials (e.g. in case the products do not correspond with the product description in the user manual or do not correspond with the advertisement of the product).
4. During the first six months of your warranty, you do not have to prove the defect was already present when you bought the product.
5. The warranty does not cover damages or defects due to accidents; an incorrect assembly or installation of the product by the user; an improper or negligent use; operation or transformation of the product; a maintenance contrary to the maintenance instructions of the product (eg. lack of maintenance of the brakes).
6. The warranty does not extend to parts that naturally deteriorate and need to be replaced due to normal use. The anticipated lifetime of these parts is dependent on factors such as the extent of use, maintenance, and overall handling. It is the responsibility of the owner to regularly inspect and adequately maintain their bicycle, and replace parts when they have reached their wear threshold. These parts include but are not limited to; tires, tubes, brake discs, brake pads, cables, belts, sprockets, spokes, bearings, saddle damage.
7. It is the responsibility of the customer to ensure that the battery is charged at the appropriate intervals (6-8 weeks) if not using the bike. Failure to do so may cause the battery to go into deep discharge mode, which is a necessary safety feature and requires a replacement of the battery at cost to the customer.
8. Any alteration or transformation of the product, including using a third-party application to modify or adjust motor controller settings, even on a single occasion, will result in the complete voidance of the product warranty, not only for issues caused by the third-party app but for any other issues that may arise during the warranty period.
9. Claims under the warranty must be made directly to Cowboy. Any repair under warranty needs to be executed by Cowboy or approved by Cowboy in advance. If not, Cowboy has the right to refuse the warranty claim.
10. If a warranty claim is accepted, we will, in our sole discretion, provide a replacement (which is not necessarily identical) for any defective part or component(s), or we may make reasonable commercial efforts to fix the part or components. Cowboy will cover the expenses of the part, shipping, and any associated repair labor costs. Any additional transportation costs (such as those incurred if the customer requests an on-site technician to carry out the repair, or travel expenses to and from a service point) will be the responsibility of the customer.
11. Any replacement parts or components will be covered under warranty for the same length of time as the original product, and will expire at the same time as the original product's warranty.
12. The warranty referred to in this article applies to products intended for use within Cowboy shipping countries: Belgium, Netherlands, Germany, France, UK, Luxembourg, Denmark, Sweden, Italy, Spain, Austria, USA. Cowboy has no (warranty) obligations towards the consumer should the product be used outside those countries.
Delivery and execution
1. All products are delivered to the address you gave Cowboy as delivery address or address of execution of the service.
2. The delivery period indicated by Cowboy shall be based on the circumstances applicable to Cowboy at the time the agreement was entered into.
3. Unless the parties have agreed otherwise of the time of delivery, Cowboy shall deliver the goods by transferring the physical possession or control of the goods to the consumer without undue delay, and not later than 30 days from the conclusion of the contract.
4. Where Cowboy has failed to fulfil its obligation to deliver the goods at the time or within the time limit agreed upon with you, you shall call upon Cowboy to make the delivery within an additional period of time appropriate to the circumstances. If Cowboy fails to deliver the goods within that additional period of time, you shall be entitled to terminate the contract.
5. The delivery takes place via Mondial Relay. The process is as follows: (1) you make an appointment and (2) the bike is delivered to the place indicated by you.
6. When Cowboy dispatches the goods to you, the risk of loss of or damage to the goods shall pass to you when you or a third party indicated by you and other than the carrier has acquired the physical possession of the goods. However, the risk shall pass to you upon delivery to the carrier if the carrier was commissioned by you to carry the goods and that choice was not offered by Cowboy, without prejudice to your rights against the carrier.
Force majeure
1. If Cowboy is unable to fulfil any of its obligations towards the Client due to force majeure, these obligations shall be suspended during the force majeure situation.
2. Events of force majeure are all circumstances external to Cowboy's will and control that render the respect of our obligations completely or partly impossible. Such events include amongst others strikes, fire, disruption of energy supplies or telecommunication networks or communication systems and/or the temporary down-time of the webshop, late delivery or absence of delivery by suppliers or other third parties.
Intellectual property
1. All content that we put at your disposal via our website and any other communication mean, including software, pictures, graphic elements, logos, documents, texts, slogans, user content, and other information (“Content”), as well as all related intellectual property rights (including copyrights, database rights and trademark rights) and other rights, are our exclusive property, or are the property of their respective holders.
2. You are not allowed to copy, display, republish, translate, offer, transfer or distribute in any way, any part of the Content, expect as explicitly allowed in these conditions or otherwise explicitly permitted in writing by us and the respective holders.
Liability
1. We do not explicitly or implicitly make any commitment concerning:
  the app's availability at a specific place and a specific point in time, or its compatibility with your hardware, or undisturbed use, continuity, the absence of viruses, bugs or other faults and any remedies; the app's content, including the user-generated content and the links to third persons' services.
2. To the extent permitted by applicable law, we are not liable for any harm resulting from our products, unless in the case of intentional fault.
3. Our liability is in any case excluded for indirect damages such as damages resulting from an accident, loss of income, loss of productivity and loss of data, or for moral damages such as reputational damage.
4. The limitation of liability in the foregoing sections applies to the extent permitted by applicable law, irrespective of the applicable liability regime, and even in case of serious fault.
5. Despite the foregoing provisions, if Cowboy is found liable for a given damage, Cowboy's liability is, in any case, limited to the price you have paid for the Cowboy products concerned or to the sums effectively paid to Cowboy by its insurance for the indemnification of the damage concerned, whichever is higher.
Complaints
1. If you would have complaints concerning Cowboy's products, please do not hesitate to contact us as indicated under 1 above.
2. These conditions are exclusively governed by Belgian law, regardless of your place of residence. The courts of the place of our registered office have exclusive jurisdiction to settle any dispute regarding these conditions, without prejudice to the applicable mandatory law that provides that the courts of your place of residence are competent.
3. If you are a consumer, you can contact the Federal Consumer Mediation Service for an out of court settlement of consumer disputes https://consumerombudsman.be/en.
4. In case of cross border dispute, you can contact the Online Dispute Resolution platform of the European Union https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN.
Employee protection policy
1. We do not accept any discriminative, abusive or harassing behavior towards any of our Cowboy employees or partners and reserve the right to refuse service if this policy is violated.
2. For more information, please visit our full employee protection policy here.
Final provisions
1. If, irrespective of the reason, a provision in this agreement is found invalid, void or unenforceable, then this declaration will not affect the validity of the other provisions. In such a case, the parties commit to replacing, by mutual agreement, the provision that is declared void, invalid or enforceable by a new provision that embodies, as closely as possible, the purpose of the parties and the spirit of these conditions.
2. An omission or a negligence in enforcing a provision of these conditions does not imply a waiver of such provision.

Annex - Model withdrawal form

“MODEL WITHDRAWAL FORM”

(complete and return this form only if you wish to withdraw from the contract) - To Cowboy SA, rue de la Régence 67, 1000 Bruxelles, Belgium, hello@cowboy.com

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),

- Ordered on (*)/received on (*),
- Name of consumer(s),
- Address of consumer(s),
- Signature of consumer(s) (only if this form is notified on paper),
- Date

(*) Delete as appropriate.

App - Terms

Welcome to the Cowboy app
1. We are Cowboy SA, established in rue de la Régence 67, 1000 Bruxelles, Belgium.
  Company number: 0669.908.031
  VAT-number: BE0669.908.031
  E-mail address: hello@cowboy.com.
2. These are the terms of use for the Cowboy app accessible via Google play and the App Store.
3. The Cowboy app allows you to activate your personal Cowboy account and to use your Cowboy bike.
4. By using the Cowboy app, you agree with these terms. If you do not accept some of these terms, then your only remedy is to stop all use of the Cowboy app.
5. If you have any question, complaint or suggestion regarding the Cowboy app, or if you wish to contact us, you can send us a message at hello@cowboy.com.
Eligibility
1. You are eligible to use the Cowboy app if you meet the following conditions: you are over 18 years old and not legally incapacitated; you are the legitimate owner of a Cowboy bike; you have a valid e-mail address; you have a mobile device with internet access and GPS signal; we have confirmed the activation of your personal Cowboy account.
2. Using the Cowboy app is free but subject to these terms. We may refuse to activate a personal Cowboy account in our sole discretion and close the personal Cowboy account of any user who we believe, in our sole discretion, violates theses terms or misuses the Cowboy app and/or a Cowboy bike.
Activation of your personal Cowboy account
1. In order to activate your personal account, you must provide us with your e-mail address, the reference of your Cowboy bike and your private key (which you received together with the delivery of your Cowboy bike).
  Once we have confirmed the activation of your personal Cowboy account, you can start using your Cowboy bike with the app.
Use of your Cowboy Bike
1. The Cowboy app allows you to:
  - start and stop your Cowboy bike;
  - monitor the battery level of your Cowboy bike;
  - monitor your speed and directions while riding;
  - keep information about your past rides;
  - track the location of your Cowboy bike in case of theft;
  - contact our bike maintenance and reparation service.
2. You shall bear the sole and exclusive responsibility for all aspects of your ride, including the compliance with all road, traffic and insurance rules that may apply to you. These rules may vary in each country. It is your responsibility to assess your compliance in this respect. In Belgium, for example, you must equip your Cowboy with front, rear and wheel reflectors as well as a bell in order to comply with the traffic code.
3. You shall bear your owns costs relating to the use of your Cowboy bike and app, including any costs relating to your mobile device, internet connection, GPS, reloading of the battery, bell and reflectors.
We respect your privacy

The Cowboy app uses cookies as indicated in our Your personal data are processed in accordance with our data protection policy.
Intellectual property
1. If you comply with these terms, we grant you a non-exclusive, non-transferable, limited and revocable right of use of the Cowboy app for non-commercial purposes, as described in this document.
2. The Cowboy app and all content that we put at your disposal, including software, pictures, graphic elements, logos, documents, texts, slogans, user content, and other information (“Content”), as well as all related intellectual property rights (including copyrights, database rights and trademark rights) and other rights, are our exclusive property, or are the property of their respective holders.
3. You are not allowed to copy, display, republish, translate, offer, transfer or distribute in any way, any part of the Cowboy app or of the Content, expect as explicitly allowed in these terms or otherwise explicitly permitted in writing by us and the respective holders.
Contents
1. Cowboy may provide links to third party apps/contents/services for information purposes.
2. Cowboy may also allow users to post contents such as pictures, ratings, reviews, comments, questions, and other information (“User Contents”), which are the property of the user concerned.
3. You agree not to post User Contents with any commercial or professional purposes or that may be unlawful, harmful, abusive, offensive, defamatory, infringing, harassing, invasive of personal privacy or otherwise inappropriate. We reserve the right to refuse and/or remove any User Contents that we believe, in our sole discretion, violate these terms.
4. By posting User Contents on the Cowboy app you grant us a non-exclusive, transferable, sublicensable, royalty-free, perpetual, worldwide and irrevocable license to use, modify, translate, reproduce, publish and distribute your User Contents in connection with Cowboy and any other of our services and of the services of our affiliated companies; you grant each User of the Cowboy app a non-exclusive, non-transferable and royalty-free license to use your User Contents as permitted through the features of the Cowboy app and in accordance with these terms; you represent and warrant that you have all rights necessary for the purpose of this section.
Force majeure
1. If Cowboy is unable to fulfil any of its obligations towards the Client due to force majeure, this obligation shall be suspended during the force majeure situation.
2. Events of force majeure are all circumstances external to Cowboy's will and control that render the respect of our obligations completely or partly impossible. Such events include amongst others strikes, fire, disruption of energy supplies or telecommunication networks or communication systems, late delivery or absence of delivery by suppliers or other third parties.
Liability
1. The Cowboy app is provided on an "as is" basis, without express or implied warranty regarding quality, accuracy, correctness, relevance, merchantability, fitness for a particular purpose or non-infringement.
2. We do not explicitly or implicitly make any commitment concerning the Cowboy app's availability at a specific place and a specific point in time, or its compatibility with your hardware, or undisturbed use, continuity, the absence of viruses, bugs or other faults and any remedies; the Cowboy app's content, including the User Contents and the links to third party apps/contents/services.
3. To the extent permitted by applicable law, we are not liable for any harm resulting from the (use or inability to use the) Cowboy app and our products and services, unless in the case of intentional fault.
4. Our liability is in any case expressly excluded for indirect damages such as (but not limited to) loss of income, loss of productivity, loss of data, viruses, hacking, damages to equipment on which the Cowboy app is downloaded, lawyers' fees, or for moral damages such as (but not limited to) reputational damage.
5. The limitation of liability in the foregoing sections applies to the extent permitted by applicable law, irrespective of the applicable liability regime, and even in case of serious fault.
6. Despite the foregoing provisions, if Cowboy is found liable for a given damage, Cowboy's liability is, in any case, limited to the price you have paid for the Cowboy products concerned or to the sums effectively paid to Cowboy by its insurance for the indemnification of the damage concerned, whichever is higher.
Complaints
1. If you would have complaints concerning Cowboy's products, please do not hesitate to contact us as indicated under 1 above.
2. These terms are exclusively governed by Belgian law, regardless of your place of residence. The courts of the place of our registered office have exclusive jurisdiction to settle any dispute regarding these terms, without prejudice to the applicable mandatory law that provides that the courts of your place of residence are competent.
3. If you are a consumer, you can contact the Federal Consumer Mediation Service for an out of court settlement of consumer disputes https://consumerombudsman.be/en.
4. In case of cross border dispute, you can contact the Online Dispute Resolution platform of the European Union https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN.
General provisions
1. If, irrespective of the reason, a provision in these terms is found invalid, void or unenforceable, then this declaration will not affect the validity of the other provisions. In such a case, the parties commit to replacing, by mutual agreement, the provision that is declared void, invalid or enforceable by a new provision that embodies, as closely as possible, the purpose of the parties and the spirit of these conditions.
2. We may modify these terms from time to time. We will give you notice of any modifications through your personal Cowboy account. Use of the app after such notice constitutes acceptance without reservation of the modified terms.
3. You acknowledge that we may from time to time release updated or upgraded versions of the Cowboy app, and may automatically electronically update or upgrade the version of the Cowboy app that you are using on your mobile device. You consent to such automatic updating or upgrading on your mobile device, and agree that the terms will apply to all such updates and upgrades.
4. These terms are without prejudice to your rights pursuant to mandatory law.
5. An omission or a negligence in enforcing a provision of these terms does not imply a waiver of such provision.

Referral Program - Terms

These Official Terms and Conditions ("Official Rules") apply to individuals who are accessing or using the Referral Program both as a Referrer ("you", "your" or "Advocates") and a Referee ("Friend") and Cowboy ("we", "our", "us”, “Cowboy"). Please read these Terms and Conditions carefully before entering the Referral Program. By joining the Referral Program you agree to its terms. By joining the Referral Program you accept these Official Rules as binding and confirm that you meet all the eligibility requirements listed below.
1. Cowboy ("we") offers customers ("you" or "Referrer") the opportunity to refer friends (“Friends” or "Referee") to buy the Merchant's goods or services ("Merchant's Services") and enter the chance to win a reward ("The Reward") by draw ("The Draw").
2. We reserve the right to modify or amend at any time these Terms and Conditions. You may terminate this Agreement if you do not wish to be bound by any such amendments but by continuing to use our Referral Program you will be deemed to have accepted the new terms.
Description
1. This Cowboy Referral Program launched on 1-12-2022 12:00 CET. Orders placed before this date are not subject to the Referral Program and do not lead to entries for the Referrer. The decisive factor for this referral is the time in Cowboy's computer system.
2. Cowboy reserves the right to vary any and all elements of this offer at any time without notice.
3. Cowboy reserves the right to refuse the issue of any reward to any Referee or Advocate at any time.
4. This Referral Program is subject to modification or termination at any time without notice in our sole discretion.
Participation requirements:
1. Participation in this Referral Program is open to persons residing in Belgium, Germany, Netherlands, France, and UK, and are at least 18 years old (or who have reached the legal age of majority) on the day of referral.
2. To enter the Referral Program, participants must have an active Cowboy account.
3. Cowboy's Referral Program is applicable only to Cowboy 4 and Cowboy 4 ST new orders placed on or after the launch of the program.
4. Cowboy 3 and Cowboy Circular orders are excluded from this Referral Program.
5. Cowboy Test riders and Cowboy employees are not eligible for the referral program.
6. Cowboy reserves the right, at their sole discretion, to prevent any individual from participating in this or future promotions.
7. If a customer wishes to be removed from the Referral Program, they can do so by contacting: hello@cowboy.com.
Identity of the participant:
1. In the event of any dispute concerning the identity of a participant, the authorized account holder of the e-mail address used at the time of entry will be deemed to be the participant.
2. A Qualified Account Holder is a natural person who is an Internet Service Provider, an Online Service Provider, or any other organization (eg, business, educational institution, etc.) that is responsible for assigning e-mail addresses for use with the E-mail address associated domain is assigned an e-mail address.
3. At the request of Cowboy potential prize winners must prove that they are the authorized account holder of the email address associated with the relevant winner's entry.
Participation requirements:
1. Each Cowboy Customer is officially entered in Cowboy's Referral Program after registering on Cowboy's dedicated Referral web page, accessible via the Cowboy app by clicking on 'Discover the program'.
2. Each Referrer is assigned 1 Referral for each Referee who completes a purchase of a Cowboy 4 or Cowboy 4 ST e-bike.
3. Cowboy reserves the right to exclude from the Referral Program all participants that it believes are inappropriate or unauthorized, at its sole discretion.
Rewards and Draw mechanism:
1. 3 winners will receive a prize, named the "Cowboy Kit" of the approximate retail value of €480,00. Included in the kit are 1 Rapha jacket, 1 POC helmet, 1 Cowboy t-shirt, 1 Brooks Pannier bag, and 1 Abus lock.
2. The prizes are awarded by chance only.
3. The prizes can not be exchanged for cash.
4. All awarded prizes are awarded "as is" and are without any warranty. The prizes can not be transferred, assigned, or replaced.
5. Cowboy reserves the right to substitute a prize with an equal or higher prize.
6. Cowboy's use of particular brands as prizes does not imply any affiliation with or endorsement of such brands.
7. Changes to the Reward are announced at the beginning of each draw period and will be reflected in these Terms and Conditions.
Odds, Control:
1. The odds of winning a prize depend on the number of valid entries received.
2. The winners themselves are responsible for the payment of taxes, registration, property rights, fees, royalties, insurance, and all expenses associated with the use, registration, and use of their prize. This includes VAT and property taxes. Cowboy is not liable for taxes and fees for the prizes.
Selection of winners and notification:
1. For each successful Referral the Referrer receives 1 entry for the next prize draw.
2. There are no limits in place on how many and how frequently referrals can be made by any single Referrer.
3. Referral draw entries disappear after the draw the Referral was subject to.
4. The draw takes place on the first day of the month, randomly selected among eligible Referrers who were awarded at least 1 successful Referral in the prior month.
5. The notification of the winners will take place within 2 weeks of the draw.
6. The winners will be randomly selected from all valid and eligible submissions within the Submission deadline in accordance with these Official Rules.
7. The winners will be notified by Cowboy by e-mail.
8. In order to claim a prize, winners must follow the instructions in their email notification and respond within 7 days of the notification. In order to win a Reward, winners must confirm within 7 days of receipt of Cowboy/s documents that their address is correct and a waiver of eligibility and disclaimer. If a winner does not complete these actions within the specified time, the prize may be forfeited. It will then be determined from the other eligible submissions another winner for this prize is at random. Only up to five (5) other winners can be selected, otherwise, the prize will be forfeited.
Referee reward
1. The Referee receives a free kickstand and rear rack with a Cowboy 4 or Cowboy 4 ST newly placed order.
2. The Referee Reward cannot be applied to previous purchases, and is not redeemable for cash.
3. This Referral Program is subject to modification or termination at any time without notice in our sole discretion.
4. The Referee can decide to only pick either the kickstand or rear rack. By not including one or both of these items in their order, the Referee waives their right to the Referee Reward.
Privacy and Publication Approval:
1. Unless prohibited by law, as a condition of receiving the prize, the winner agrees to give Cowboy consent to the use and reproduction, of their name and home town, without compensation or consideration, on Cowboy's website or other appropriate advertising support for the purpose of disclosing the result of the Referral Program. Upon the winner's prior consent, Cowboy may use the winner's pictures, voices, and/or winning information for promotional purposes in connection with the Referral Program and other appropriate advertising after the raffle without compensation or consideration.
General indemnification:
1. By participating in this Cowboy Referral Program, entrants agree that Cowboy, its parent company, subsidiaries, employees, and affiliates (“Released Parties”) are only liable for intent, gross negligence, and negligent breach of material contractual obligations.
2. The Released Parties shall be indemnified by the Participants against any liability for injury, loss, or damage of any kind (including direct, indirect, negligent, consequential, or punitive damages) to persons or property by intent or negligence, in whole or in part, directly or indirectly, any possession, misuse, disuse or use of the prize, entry to or participation in the Referral Program or any activity related to the Referral Program, including access to and use of the Websites linked to the Referral Program or any claim of public rights, defamation or breach of privacy or goods.
Conflicts:
1. This Referral Program and the Official Rules are governed by the law of the country of residence of the participant. Should a dispute arise between the parties, the parties agree to submit (i) to a consumer mediator for the amicable settlement of the dispute or (ii) to the non-exclusive jurisdiction of the courts of the country of residence.
Privacy Policy:
1. Cowboy is the data controller. By participating in this Referral Program, you agree to the processing of your personal data, provided in the entry form, by Cowboy.
2. Purposes of data processing: Your personal data provided for the Referral Program are used by Cowboy to manage your participation in the Referral Program, for web analytics, and, when applicable, to provide you with information on Cowboy's products or services.
3. Basis of the processing: Unless otherwise provided, the processing of your personal data is necessary for the performance of the Referral Program.
4. Storage period: Your data is used as long as it's necessary for the purpose we collected the data for. How long we store your data will therefore vary depending on the purpose for which we collected the data. You may request the restriction or deletion of your data processing or revocation of your consent at any time by contacting us at hello@cowboy.com.
5. For more information about your privacy rights, data collection, use, and disclosure by Cowboy, see also Cowboy's privacy policy at cowboy.com.
Binding effect:
1. By participating in this Referral Program, you agree to the Official Rules (which may be amended or changed by us at any time with prior notice) and our decisions in all respects with respect to the Official Rules, Referral Program and/or the results are final and we do not enter into correspondence or discussion to be bound. All laws and regulations apply to all levels of the law of the country of residence of the participant.
Copy of the list of winners;
1. To receive a list of winners and their location, please send an e-mail to Cowboy after the first day of the following month of the relevant draw, but no later than the 15th, with the subject line "Cowboy Winners of the Referral Program".
Copyright Notice:
1. Cowboy is a registered trademark in the country involved in the Referral Program.
Others:
1. Cowboy reserves the right to suspend or terminate the Referral Program or any participant's participation in the Referral Program should viruses, programming errors, human interference, or other causes beyond the control of Cowboy affect the administration, safety, or security or otherwise create a situation where Cowboy will not be able (at their discretion) to conduct the Referral Program as planned.
2. Participants who fail to comply with the Official Rules, violate any laws, rules, or regulations relating to entering the Referral Program, manipulate the conduct of the Referral Program, or exhibit conduct that is detrimental or unfair to Cowboy, the Referral Program, or any other entrant is (at the discretion of Cowboy) excluded from participating in the Referral Program.
3. Cowboy reserves the right to exclude persons whose eligibility is in question, who have been disqualified or whose participation in the Referral Program is otherwise out of the question. Any provision of the Official Rules deemed to be unenforceable will be enforced to the extent permitted and the remaining Official Rules will remain unaffected. If you have any questions about the Official Rules or the Referral Program, please send them by e-mail to hello@cowboy.com.
Organizer:
1. Cowboy SA, Rue de la Régence 67, 1000 Brussels - Belgium.
2. The Referral Program is governed by the laws of Belgium, without regard to conflicts of law, with venue and jurisdiction to be in a court of competent jurisdiction in Brussels, Belgium. Your participation in the Referral Program constitutes consent to the aforementioned governing law, venue and jurisdiction.
Disclaimer:
1. Cowboy and its parent companies, subsidiaries, affiliates, officers, consultants, employees and agencies (collectively the "Released Parties") will not be liable for any of the following, where due to reasons beyond their control : (a) Delayed, lost , misdirected, erroneous, distorted or defective transmissions or inputs; (b) telephone, electronic, hardware, software, network, Internet or other computer or communication-related malfunction or failure; (c) Referral Program interruptions, injuries, losses or damages caused by incidents beyond the control of Cowboy or due to unauthorized human interference; or (d) misprints in materials associated with the Referral Program (to the fullest extent permitted by law).

Instagram tilted post competition - Terms

For the purposes of these Terms and Conditions, "The Promoter" refers to Cowboy s.a. whose Instagram handle is @Cowboy_bikes. The "Prize" refers to one (1) Cowboy 4 or 4 ST.
By entering the competition you agree to be bound by these terms and conditions. All entries must be received by 23:59 on 22nd of March. One (1) winner from one of the following countries will be selected by a jury; Belgium, Germany, France, The Netherlands or United Kingdom. One winner will be selected by The Promoter on 23rd of March and the winner will be notified on or after this date.
The Promoters competitions with entry via Instagram are open only to residents of Belgium, Germany, France, The Netherlands or United Kingdom. One (1) winner will be chosen by a jury from all entrants.
No purchase necessary. Winners will not be required to pay to enter the competition.
Entrants must be over 18 years old on the date of their entry.
Employees of The Promoter are not eligible to enter.
Instagram is not in any way affiliated or involved in the competition.
Only one entry per person per competition will be accepted.
Each entrant shall enter the competition via Instagram by posting a picture or video in tilted format according to the instruction provided on the Promoter's Instagram account, tagging @cowboy_bikes in the comments of the post and following the Cowboy_bikes account.
The Prize will be awarded to a selected winner who has entered on Instagram, using a jury. The Promoter will not be held liable if the named prize becomes unavailable or cannot be fulfilled.
The Promoter will not be held liable for any failure of receipt of entries. The Promoter takes no responsibility for any entries which are lost, delayed, illegible, corrupted, damaged, incomplete or otherwise invalid.
To the extent permitted by applicable law, The Promoter's liability under or in connection with the competition or these terms and conditions shall be limited to the cost price of the Prize in question.
To the extent permitted by applicable law, The Promoter shall not be liable under or in connection with these terms and conditions, the competition or any Prize for any indirect, special or consequential cost, expense, loss or damage suffered by a participant even if such cost, expense, loss or damage was reasonably foreseeable or might reasonably have been contemplated by the participant and the promoter and whether arising from breach of contract, tort, negligence, breach of statutory duty or otherwise.
Prizes are non-negotiable, non-transferable and non-refundable. No cash alternative is available. Where a Prize becomes unavailable for any reason, the promoter reserves the right to substitute that prize for a prize of equal or higher value.
The name, address, email address and phone number of the winner must be provided to The Promoter if requested and will be shared to enable fulfilment of the Prize.
In the event of unforeseen circumstances beyond The Promoter's reasonable control, the promoter reserves the right to cancel, terminate, modify or suspend the competition or these terms and conditions, either in whole or in part, with or without notice.
The Promoter's decision is final. No correspondence will be entered into.
The winner's name and social media username may be posted on the social media profiles of The Promotor after the winner has been selected.