GENERAL TERMS AND CONDITIONS WEBSHOP (B2C)

 

 

Article 1 - Definitions

 

1. The Mountainbike Repairshop, located in Eindhoven, Chamber of Commerce number 85812579, is referred to in these general terms and conditions as a seller.
2. The seller's counterparty is referred to as the buyer in these general terms and conditions.
3. The parties are seller and buyer
4. The agreement refers to the purchase agreement between the

 

 

Article 2 - Applicability of general terms and conditions

 

1. These terms and conditions apply to all quotations, offers, agreements and deliveries of services or goods by or on behalf of the seller.
2. Deviating from these terms and conditions is only possible if this has been expressly agreed in writing by the parties .

 

 

Article 3 - Payment

 

1. The full purchase price is always paid immediately in the webshop. For reservations, a deposit is expected in some cases. In that case, the buyer will receive proof of the reservation and the prepayment.
2. If the buyer does not pay on time, he is in default. If the buyer remains in default, the seller is entitled to suspend the obligations until the buyer has fulfilled his payment obligation.
3. If the buyer remains in default, the seller will proceed to collection. The costs related to this collection are for the account of the buyer. These collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
4. In the event of liquidation, bankruptcy, seizure or suspension of payment of the buyer, the seller's claims against the buyer are immediately due and payable.
5. If the buyer refuses to cooperate with the execution of the order by the seller, he is still obliged to pay the agreed price to the seller.

 

 

Article 4 - Offers, quotations and price

 

1. Offers are without obligation, unless a term of acceptance is stated in the offer. If the offer is not accepted within that set period, the offer will lapse.
2. Delivery times in quotations are indicative and do not entitle the buyer to dissolution or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.
3. Offers and quotations do not automatically apply to repeat orders. The parties must agree this explicitly and in writing.
4. The price stated on offers, quotations and invoices consists of the purchase price including the VAT due and any other government levies.

 

 

Article 5 - Herroeping law

 

1. The consumer is given the right to dissolve the agreement within 14 days after receipt of the order without giving reasons (right of withdrawal). The term starts from the moment that the (entire) order is received by the consumer.
2. There is no right of withdrawal if the products are custom-made according to its specifications or have a short shelf life.
3. The consumer can use a withdrawal form from the seller. The seller is obliged to make this available to the buyer immediately after the buyer's request.
4. During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wants the product.

 

to be retained. If he exercises his right of withdrawal, he will return the unused and undamaged product with all accessories and - if reasonably possible - in the original shipping packaging to the seller, in accordance with the reasonable and clear instructions provided by the entrepreneur.

 

 

Article 6 - Modification of the agreement

 

1. If during the execution of the agreement it appears that it is necessary for the proper execution of the assignment to change or supplement the work to be performed, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.
2. If the parties agree that the agreement will be amended or supplemented, the time of completion of the execution may be affected. The Seller shall inform the Buyer of this as soon as possible.
3. If the amendment or addition to the agreement has financial and/or qualitative consequences, the seller will inform the buyer of this in writing in advance.
4. If the parties have agreed on a fixed price, the seller will indicate to what extent the amendment or addition to the agreement will result in this price being exceeded.
5. Contrary to the provisions of the third paragraph of this article, the seller cannot charge additional costs if the change or supplement is the result of circumstances that can be attributed to him.

 

 

Article 7 - Delivery and transfer of risk

 

1. As soon as the purchased item has been received by the buyer, the risk passes from seller to

 

 

Article 8 - Research and complaints

 

1. The Buyer is obliged to examine the delivered goods at the time of delivery or delivery, but in any case within the shortest possible period of time. In doing so, the buyer must investigate whether the quality and quantity of the delivered goods correspond to what the parties have agreed, or at least that quality and quantity meet the requirements that apply to them in normal (trade) traffic.
2. Complaints regarding damage, shortages or loss of delivered goods must be submitted to the seller in writing within 10 working days after the day of delivery of the goods by the buyer.
3. If the complaint is declared well-founded within the set period, the seller has the right to either repair or deliver again, or to refrain from delivery and to send the buyer a credit note for that part of the purchase price.
4. Minor and/or customary deviations and differences in quality, number, size or finish cannot be invoked against the seller.
5. Complaints relating to a particular product have no influence on other products or parts belonging to the same agreement.
6. After processing the goods at the buyer,no more complaints will be

 

 

Article 9 - Samples and models

 

1. If a sample or model has been shown or provided to the buyer, it is presumed to have been provided only as an indication without the goods to be delivered having to comply with this. This is different if the parties have expressly agreed that the item to be delivered will correspond to it.
2. In the case of contracts relating to immovable property, indication of the surface area or other dimensions and indications shall also be presumed to be intended only as an indication, without the property to be delivered having to comply with it.

 

 

Article 10 - Delivery

 

1. Delivery takes place 'ex factory/shop/warehouse'. This means that all costs are for the buyer .
2. The buyer is obliged to take delivery of the goods at the time that the seller delivers them to him or has them delivered to him, or at the moment when these goods are made available to him in accordance with the agreement.
3. If the buyer refuses to take delivery or is negligent in providing information or instructions that are necessary for the delivery, the seller is entitled to store the item at the expense and risk of the buyer.
4. If the goods are delivered, the seller is entitled to charge any delivery costs .

 

5. If the seller needs information from the buyer for the execution of the agreement, the delivery time starts after the buyer has made this information available to the seller.
6. A delivery period specified by the seller is indicative. This is never a deadline. If the term is exceeded, the buyer must give the seller written notice of default.
7. The Seller is entitled to deliver the goods in parts, unless the parties have agreed otherwise in writing or partial delivery has no independent value. Upon delivery in parts, the Seller is entitled to invoice these parts separately.

 

 

Article 11 - Force majeure

 

1. If the seller cannot, not timely or not properly fulfill his obligations under the agreement due to force majeure, he is not liable for damage suffered by the buyer.
2. Force majeure means the parties in any case any circumstance that the seller could not take into account at the time of entering into the agreement and as a result of which the normal execution of the agreement cannot reasonably be demanded by the buyer such as illness, war or danger of war, civil war and riots, molestation, sabotage, terrorism, energy failure, flood, earthquake, fire, company occupation, strikes, workers' exclusion, changed government measures, transport difficulties, and other disruptions in the seller's business.
3. Furthermore, the parties understand force majeure to mean the circumstance that supply companies on which the seller depends for the execution of the agreement do not fulfil the contractual obligations towards the seller, unless this can be blamed on the seller.
4. If a situation such as that referred to above arises as a result of which the seller cannot meet his obligations towards the buyer, those obligations will be suspended as long as the seller cannot meet his obligations. If the situation referred to in the previous sentence has lasted 30 calendar days, the parties have the right to dissolve the agreement in writing in whole or in part.
5. If the force majeure continues for more than three months, the buyer has the right to dissolve the agreement with immediate effect. Dissolution is only possible by registered letter.

 

 

Article 12 - Transfer of rights

 

1. Rights of one Party under this Agreement may not be transferred without the prior written consent of the other Party. This provision applies as a clause with property law effect as referred to in Article 3:83, second paragraph, of the Dutch Civil Code.

 

 

Article 13 - Retention of title and right of retention

 

1. The goods present at the seller and delivered goods and parts remain the property of the seller until the buyer has paid the entire agreed price. Until then, the seller can invoke his retention of title and take back the goods.
2. If the agreed amounts to be paid in advance are not paid or are not paid on time, the seller has the right to suspend the work until the agreed part has still been paid. There is then a question of creditor default. In that case, a late delivery cannot be invoked against the seller.
3. The Seller is not authorized to pledge the goods subject to its retention of title or to encumber them in any other way.
4. The Seller undertakes to insure the goods delivered to the Buyer under retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the policy available for inspection on first request .
5. If goods have not yet been delivered, but the agreed advance payment or price has not been paid in accordance with the agreement, the seller has the right of retention. The item will then not be delivered until the buyer has paid in full and in accordance with the agreement.
6. In the event of liquidation, insolvency or suspension of payment of the buyer, the buyer's obligations are immediately due and payable.

 

 

Article 14 - Liability

 

1. Any liability for damage arising from or related to the execution of an agreement is always limited to the amount that is paid out in the relevant case by the concluded liability insurance (s). This amount is increased by the amount of the deductible according to the relevant policy.
2. The seller's liability for damage resulting from intent or deliberate recklessness on the part of the seller or his managerial subordinates is not excluded.

 

 

Article 15 - Klachtplicht

 

1. The buyer is obliged to report complaints about the work performed to the seller immediately. The complaint contains as detailed a description as possible of the shortcoming, so that the seller is able to respond adequately.
2. If a complaint is well-founded, the seller is obliged to repair the good and possibly replace it.

 

 

Article 16 - Guarantees

 

1. If guarantees are included in the agreement, the following applies. Seller guarantees that the sold goods comply with the agreement, that they will function without defects and that they are suitable for the use that the Buyer intends to make of them. This guarantee applies for a period of two calendar years after receipt of the sold by the buyer.
2. The purpose of the aforementioned guarantee is to establish a division of risk between the seller and the buyer in such a way that the consequences of a breach of a guarantee are always entirely at the expense and risk of the seller and that the seller can never invoke Article 6:75 of the Dutch Civil Code in respect of a breach of a guarantee. The provisions of the previous sentence also apply if the infringement was known to the buyer or could have been known by the conducting research.
3. The aforementioned guarantee does not apply if the defect has arisen as a result of improper or improper use or if - without permission - the buyer or third parties have made or tried to make changes or have used the purchased item for purposes for which it is not intended.
4. If the guarantee provided by the seller relates to an item produced by a third party, the guarantee is limited to the guarantee provided by that producer.

 

 

Article 17 - Intellectual property

 

1. The Mountainbike Repairshop retains all intellectual property rights (including copyright, patent law, trademark law, drawing and model right, etc.) on all products, designs, drawings, writings, carriers with data or other information, quotations, images, sketches, models, models, etc., unless the parties have agreed otherwise in writing.
2. The customer may not copy said intellectual property rights (or have them copied) without the prior written permission of The Mountainbike Repairshop, show it to third parties and / or make it available or use it in another way .

 

 

Article 18 - Modification of general terms and conditions

 

1. The Mountainbike Repairshop is entitled to change or supplement these general terms and conditions .
2. Minor changes can be made at any time .
3. The Mountainbike Repairshop will discuss major substantive changes with the customer as much as possible in advance .
4. Consumers are entitled to terminate the agreement in the event of a substantial change to the general terms and conditions .

 

 

Article 19 - Applicable law and competent court

 

1. Any agreement between the parties is exclusively governed by Dutch law .
2. The Dutch court in the district where The Mountainbike Repairshop is located has exclusive jurisdiction to take cognizance of any disputes between the parties, unless the law prescribes otherwise.
3. The applicability of the Vienna Sales Convention is
4. If in legal proceedings one or more provisions of these general terms and conditions are regarded as unreasonably onerous, the other provisions remain unaffected.

 

 

 

 

The  Mountainbike Repairshop 2022