Terms and Conditions – Torks Sàrl

This is a courtesy translation. In case of any discrepancy, the French version shall prevail.

Scope of application and contracting parties
Subscription
Billing and termination
Equipment
Home assistance
Theft and insurance
Late payment
Liability in case of offences
Contractual modifications and exchanges

1. Scope of application and contracting parties

1.1 Scope of the terms and conditions

These Terms and Conditions (hereinafter "T&C" or "Terms and Conditions") govern all business relations between Torks Sàrl (hereinafter: "Torks", "we" or "the company") and the customer (hereinafter: "the Client", "the purchaser" or "you") concerning subscriptions (hereinafter: "Subscriptions", or "Subscription", "products" or "merchandise") purchased online via our website https://torks.ch (hereinafter: "website" or "site").

1.2 Company contact details

The website is operated by: Torks Sàrl, under the Torks brand
Espace de l'Europe 2, 2000 Neuchâtel [email protected]

1.3 Primacy of individual agreements

Individual agreements concluded with the Client take precedence over these T&C. No divergent or contrary terms may be recognised.

1.4 Modifications to the terms and conditions

Torks reserves the right to modify these T&C at any time. All modifications take effect upon their publication on the website. The determining moment for the applicability of the new T&C is either 30 days after sending notice by email, or the delivery date of a binding order when purchasing one of the Subscriptions.

1.5 Acceptance of the terms and conditions

We ask you to read our T&C carefully before placing a binding order. By placing a binding order for one or more of our Subscriptions, you declare that you approve these Terms and Conditions. You also declare that you are authorised to enter into legally binding contracts and that you are at least 18 years of age.

2. Subscription

2.1 Duration and terms of the subscription

The Client's Torks Subscription continues until its termination or until the expiry of any minimum contractual duration. To use the Torks service, the Client must:

Provide a Payment Method. A "Payment Method" means a current, valid and accepted means of payment that may be updated periodically.

Unless the Client terminates their Subscription before the billing date, the Client authorises us to charge the Subscription fees for the following billing cycle via the Client's Payment Method (see "Termination" section below).

2.2 Subscription plans and payment obligations

Torks makes several subscription plans available, each of which may have specific terms and limitations. These particularities will be communicated to you upon subscription or through other information materials made available to you. In consideration for the services provided by Torks, you agree to pay a determined monthly amount (in Swiss francs, VAT included) as defined in your subscription contract. This payment obligation remains valid even in the event of temporary unavailability of replacement equipment, regardless of the cause (repairs, maintenance, replacement, etc.). Torks undertakes to do its best to make a replacement bike available within 24 hours, but cannot guarantee this timeframe for logistical reasons beyond its control.

2.3 Eligibility conditions and subscription

To subscribe to a Subscription, the Client must be an adult natural person with legal capacity, permanently residing in Switzerland. Torks will verify that all legal conditions required for the formation of the contract are satisfied. The Client must provide the requested personal information and present the necessary supporting documents (valid identity card and proof of address in Switzerland). Torks reserves the right to accept or refuse the conclusion of a subscription at its own discretion. In the event of acceptance, the Client may place orders via their Subscription. The Subscription contract takes effect as soon as the Client accepts these Terms and Conditions and selects a subscription plan.

2.4 Nature of the subscription service

Within the framework of your subscription, Torks provides you with equipment intended for personal use, integrated into a complete offering including personalised mobility services. This service extends over the entire contractual duration of your subscription. Your subscription constitutes a continuous service, allowing you to benefit from our services in exchange for payment of their costs in the form of instalments, for as long as these services are provided to you.

3. Billing and termination

3.1 Billing arrangements

Your Torks subscription is subject to automatic billing according to the schedule established upon subscription. The amount is debited from your registered payment method on the agreed date. The billing frequency varies according to the subscription plan selected upon registration (monthly, quarterly, semi-annual or annual).

The debit date may be adjusted, particularly in the event of a problem with your payment method or when changing subscription plan. You can check the date of your next billing in your personal account on our website or contact our support at [email protected].

Important: the amount of your subscription is always billed in advance for the chosen contractual period.

3.2 Accepted payment methods

Opening a Subscription requires the provision of a valid payment method. By subscribing, the Client agrees that Torks may use all payment methods registered on their account in the event of failure of the primary payment method or its unavailability for the settlement of amounts due. The Client remains responsible for the payment of all unpaid amounts.

In the event of payment failure due to an expired card, insufficient balance or any other reason, and if the Client does not terminate their account, Torks reserves the right to suspend access to services until a successful charge is made via a functioning payment method. As long as the equipment remains in the Client's possession, the Client must continue to honour their financial obligations until its return to Torks.

Certain payment providers may apply additional charges to the Client, including for international transactions or processing fees. Local taxes may also vary according to the payment method chosen. We recommend that the Client consult their payment provider directly for detailed information on these potential fees.

3.3 Changing your payment methods

You have the possibility to modify your payment information by accessing your personal account on our website. We may also update your payment data based on information transmitted by our payment service partners. In the event of modification, you automatically grant us authorisation to continue charging the updated payment method.

3.4 Termination of a subscription without annual commitment

You have the freedom to terminate your Torks Subscription at any time, subject to observing a notice period of 7 days before the expiry of your current billing period. Beyond this deadline, you will be liable for full billing for the following period. Your access to services continues until the end of the billed period.

It is important to note that all amounts paid are final. No refund or credit will be granted for incomplete periods of use.

To proceed with termination, you have two options: send an email to [email protected] or use the termination feature available in your client account. Once termination is complete, your account will be automatically deactivated at the end of your current billing period.

You must return the Torks equipment made available to you to a Torks self-service collection point. Our team will contact you promptly upon receipt of your termination request to provide you with detailed return instructions.

3.5 Termination of a subscription with minimum duration

For subscriptions with a minimum duration (annual or other plans with a multi-month commitment), termination is only possible after the expiry of the minimum contractual period. A 14-day right of withdrawal is granted to the Client from the conclusion of the commitment. Once this reflection period has elapsed, no early termination will be accepted.

3.6 Changes to rates and subscription conditions

We reserve the right to adjust our rates and modify the conditions of our subscription plans at any time. These changes take effect as soon as you receive our notification by email.

3.7 Purchase of equipment

The equipment provided by Torks under the subscription remains the exclusive property of Torks and cannot be purchased by the Client. No purchase offer will be accepted and the equipment must be returned to Torks at the end of the subscription or upon termination of the contract.

3.8 Professional use strictly prohibited

It is strictly prohibited to use Torks services for professional or commercial purposes, including delivery activities. In the event of violation of this fundamental contractual clause, the Client is subject to a fine of 2,000 CHF and the immediate seizure of all Torks equipment in their possession.

4. Equipment

4.1 Delivery and receipt of equipment

Delivery of equipment by Torks takes place on the date agreed with the Client, after validation of their order and subject to all their contractual obligations being fulfilled. The commencement of service provision takes effect upon the effective handover of the equipment to the Client. Torks undertakes to deliver equipment in perfect working order and safe condition.

In the event of delivery delay not attributable to Torks, the Client may not claim any compensation or damages. If the Client refuses or fails to appear to take delivery of the equipment on the agreed date, Torks reserves the right to terminate the contract. In this situation, the Client must pay Torks a lump-sum indemnity equivalent to the amount of one month's subscription, plus preparation and delivery fees amounting to 150 CHF.

4.2 Absence at appointment

When a delivery, collection or service appointment is confirmed between Torks and the Client, our team will contact you upon arrival on site. We will wait for your presence for a maximum of 10 minutes. Beyond this waiting period, the appointment will be considered cancelled due to your absence and will result in the following consequences:

4.2.1 A penalty of 60 CHF will be charged to you, in addition to any delivery fees provided for in your contract.
4.2.2 We will contact you again to arrange a new appointment at a later date.

4.3 Ownership and control of equipment

Ownership of the equipment remains entirely with Torks for the entire duration of the contract and the provision of services. This exclusive ownership confers upon Torks the right to dispose of the equipment as it sees fit. More specifically, Torks reserves the right to request the return of the equipment from the Client at any time, as well as to replace it with equipment of the same value and category.

As owner, Torks also has the right to carry out or have carried out inspections of the equipment at any time. The Client undertakes to cooperate fully with these inspections and grants Torks permanent and irrevocable access to the premises where the equipment is located. In the event that an inspection reveals non-compliant use of the contract terms on the part of the Client, the Client undertakes to assume all costs resulting from this situation.

4.4 Geolocation device

The equipment is fitted with a geolocation device (GPS tracker) intended in particular for theft prevention, location in case of loss, maintenance and optimisation of our operations (usage analysis, logistics planning, service improvement, etc.), in accordance with our Declaration on the processing of personal data.

The Client is strictly prohibited from:

dismantling, removing, concealing, damaging or in any way hindering the proper functioning of the tracker;
performing any manipulation aimed at altering the data transmitted by it.

Any breach of this clause constitutes a serious violation of the contract and results in:

immediate termination of the Subscription;
a lump-sum penalty of 500 CHF covering the costs of restoring or replacing the device;
billing for all additional damages resulting from this alteration.

4.5 Authorised use of equipment

The use of Torks equipment is strictly reserved for personal and private use. All commercial, professional or competitive use, as well as the transport of dangerous materials or any other activity likely to cause damage to the equipment, are expressly prohibited.

4.6 Obligations of responsible use

The user undertakes to exercise prudence and responsibility in the use of Torks equipment. The main obligations include:

4.5.1 Strictly observe the highway code and all applicable legal regulations for the operation of vehicles.
4.5.2 Refrain from using the equipment when under the influence of alcohol, medication, drugs, or in any condition impairing reflexes (including excessive fatigue or health issues).
4.5.3 Scrupulously follow the user guides and technical recommendations.
4.5.4 Adopt defensive and considerate driving, taking into account the environment and anticipating traffic situations.
4.5.5 Refrain from any technical intervention on the equipment, including repairs, maintenance, tyre replacement or servicing. Any modification made by the user is their sole responsibility and must be reported immediately to Torks.
4.5.6 Refrain from any use of the equipment for illegal purposes.
4.5.7 Verify the operating condition of the equipment before each use.

5. Home assistance

5.1 Home assistance service

If assistance or repair operations are necessary, or in the event of an accident, Torks offers a home assistance service for an additional fee.

5.2 Coverage of maintenance operations

Maintenance operations are carried out by Torks or a partner. The costs of maintenance and travel operations are included in the monthly rate of the option. Service areas are available on the website and no service is offered outside these areas.

5.3 Maintenance operations covered

The following are considered maintenance operations covered by the Home assistance option: all maintenance and repair operations related to normal wear, with the exception of damage resulting from inappropriate use or lack of care on the part of the user.

5.4 Obligation in the absence of assistance option

If the Client has not subscribed to the Home assistance option, the Client must bring the equipment at their own expense to a collection point.

6. Theft and insurance

6.1 Insurance included

All Torks subscriptions include theft and damage insurance with no deductible. This insurance covers all risks related to normal and adequate use of the equipment.

6.2 Damage coverage

The insurance covers all damage resulting from normal and adequate use of the bike. Damage caused by inappropriate, negligent or non-compliant use of the conditions of use is not covered.

6.3 Theft coverage

Theft is covered only on the territory of Switzerland and Liechtenstein. No coverage is offered abroad. Theft coverage is conditional upon compliance with the following security conditions:

6.3.1 Mandatory use of the lock provided by Torks
6.3.2 Attachment of the bike frame to street furniture in such a way as to make it impossible to take the bike without damage
6.3.3 Mandatory report of theft to the police within 24 hours
6.3.4 Provision to Torks of proof of the report to the police

A bike that is poorly or not locked is not covered by the insurance.

6.4 Non-compliance with insurance conditions

In the event of non-compliance with the insurance conditions (theft or damage), the Client must pay Torks an amount of 1,500 CHF within 10 days of reporting the theft or damage. This amount also applies in the event of theft abroad where no coverage is offered.

7. Late payment

7.1 Consequences of late payment

When a payment cannot be made within the required timeframe, we immediately inform the Client who must then regularise their situation by updating their payment information. Any late payment results in the application of the following reminder fees:

Delay of 1 to 4 days: No fees
Delay of 5 to 9 days: 20 CHF
Delay of 10 to 14 days: 40 CHF
Delay of 15 to 19 days: 60 CHF
From the 20th day: 160 CHF + Immediate termination of the subscription and recovery of the equipment

If the Client fails to meet their payment obligations and we are unable to recover the equipment within 10 days, we reserve the right to invoice the full value of the new equipment, in addition to the reminder fees mentioned above.

We also reserve the right to entrust the collection of sums due (including debt collection fees) to a specialised company.

In the event of failure to recover the equipment, a theft report will systematically be filed with the police authorities.

8. Liability in case of offences

In the event of violation of applicable legislation, the Client undertakes to assume all costs arising from such offences. This includes in particular fines, financial sanctions, legal fees, procedural expenses and any damages caused to third parties. The Client discharges Torks from all liability in these situations.

9. Contractual modifications and exchanges

9.1 Right to modify

Torks retains the right to adapt at any time, without prior justification, all contractual terms, Subscription rates, equipment take-back conditions and personal data protection rules. Any modification will be notified to the Client by email. If the Client does not object by registered letter within 14 days, the new conditions will be deemed accepted.

9.2 Electronic communication

Torks uses the contact details provided by the Client (email address, phone number) for all electronic communication, including by SMS or WhatsApp. The Client acknowledges that digital exchanges present inherent risks (interception, manipulation, technical failures, viruses, etc.) and that security cannot be guaranteed at 100%. Consequently, the Client waives any claim for liability against Torks for damages resulting from these risks or from the acts of its staff, in accordance with Article 101 of the Code of Obligations.

Neuchâtel, July 7, 2025