Terms and Conditions

General Terms and Conditions for Vesschbikes.com

Definitions Vesschbikes B.V.

1. Vesschbikes B.V. , Located in Stadskanaal under Chamber of Commerce no. 81806701.

2. Customer: the person with whom Vesschbikes B.V. an agreement has been entered into.

3. Parties: Vesschbikes B.V. and customer together.

4. Consumer: a customer who is also an individual and who acts as a private person

 

Applicability of general terms and conditions

1. These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Vesschbikes  B.V.

2. Parties can only deviate from services or products by or on behalf of Vesschbikes B.V.

3. Parties can only deviate from these terms and conditions if they have expressly agreed so in writing.

 

Offers and quotes

1. Offers and quotations from Vesschbikes B.V. are without obligation, unless expressly stated otherwise.

2. An offer or quotation is valid for a maximum of 1 month, unless a different acceptance period is stated in the offer or quotation.

3. If the customer does not accept an offer or quotation within the applicable term, the offer or quotation will lapse.

4. Offers and quotations do not apply to repeat orders, unless expressly agreed in writing.

 

Acceptance

1. Upon acceptance of a quotation or offer without obligation, Vesschbikes B.V. reserves the right to withdraw the offer within 3 days of receipt of the acceptance, without the customer being able to derive any rights from this.

2. Verbal acceptance of the customer only binds Vesschbikes B.V.. after the customer has confirmed this in writing (or electronically).

 

Prices

1. All prices that Vesschbikes B.V. are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel, shipping or transport costs, unless explicitly stated otherwise or otherwise agreed.

2. All prices that Vesschbikes B.V. uses for products or services, on its website or that are otherwise made known, Vesschbikes B.V. change at any time.

3. Increases in the cost prices of products or parts thereof, which Vesschbikes B.V. could not foresee at the time of making the offer or the conclusion of that agreement, may give rise to a price increase.

4. The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.

 

Samples and models

If the customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample or model. .

 

Consequences of not paying on time

1. If the customer does not pay within the agreed term, Vesschbikes B.V. is entitled to charge the statutory interest of 2% per month for non-commercial transactions and the statutory interest of 8% per month for commercial transactions from the day the customer is in default, whereby part of a month is counted as a whole month.

2. If the customer is in default, he also owes extrajudicial collection costs and any compensation to Vesschbikes B.V.

3. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.

4. If the customer does not pay on time, Vesschbikes B.V. may. suspend its obligations until the customer has fulfilled its payment obligation.

5. In the event of liquidation, bankruptcy, attachment or suspension of payment on the part of the customer, the claims of Vesschbikes B.V. immediately due and payable to the customer

6. If the customer refuses to cooperate with the implementation of the agreement by Vesschbikes B.V. , then he is still obliged to pay the agreed price to Vesschbikes B.V. to pay.

 

 

Right of advertising.

1. As soon as the customer is in default, Vesschbikes B.V. entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.

2. Vesschbikes B.V. invokes the right to complain by means of a written or electronic communication.

3. As soon as the customer has been informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to Vesschbikes B.V. unless the parties agree otherwise.

4. The costs for returning or returning the products are for the account of the customer.

 

 

Right of withdrawal

1. A consumer can cancel an online purchase during a reflection period of 14 days without giving any reason, provided that:

The product has not been used.

It is not a product that can spoil quickly, such as food or flowers.

It is not a product that has been tailor-made or modified especially for the consumer.

It is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.) the seal is still intact if it concerns data carriers with digital content (DVDs, CDs, etc.)

The product is not a journey, ticket, catering assignment or form of leisure activity.

The product is not a loose magazine or newspaper.

If it is not an (order for) emergency repair, the consumer has not waived his right of withdrawal.

 

 

2. The reflection period of 14 days as referred to in paragraph 1 starts: on the day after the consumer has received the last product or part of 1 order as soon as the consumer has received the first product with a subscription As soon as the consumer has received a service for the has first purchased, as soon as the consumer has confirmed that he will be purchasing digital content via the internet.

3. The consumer can make his appeal to the right of withdrawal known via [email protected] if desired, using the withdrawal form that is available via the website of Vesschbikes B.V. Vesschbikes.com, can be downloaded

4. The consumer is obliged to return the product to Vesschbikes B.V. within 14 days after making his right of withdrawal known, failing which his right of withdrawal will lapse.

 

 

Reimbursement of delivery costs

1. If the consumer has made use of his right of withdrawal in good time and as a result of this the complete order has been submitted to Vesschbikes B.V. in good time. has returned, Vesschbikes B.V. refund any shipping costs paid by the consumer within 14 days of receipt of the timely and fully returned order to the consumer.

2. The costs for delivery are only for the account of Vesschbikes B.V. insofar as the complete order is returned. Reimbursement of return costs. If the consumer invokes his right of withdrawal and returns the complete order on time, the costs for returning the complete order will be borne by the consumer.

 

 

Right of suspension

Unless the customer is a consumer, the customer waives the right to suspend performance of any obligation under this Agreement

 

 

Right of retention

1. Vesschbikes B.V. can invoke its right of retention and, in that case, keep the customer's products in his possession until the customer has paid all outstanding invoices with regard to Vesschbikes B.V. has paid, unless the customer has provided sufficient security for those costs.

2. The right of retention also applies under previous agreements from which the customer still owes payments to Vesschbikes B.V.

3. Vesschbikes B.V. is never liable for any damage that the customer may suffer as a result of using his right of retention.

 

Retention of title

1.Vesschbikes B.V. remains the owner of all delivered products until the customer has fully complied with all his payment obligations towards Vesschbikes BV. on the basis of what to do with Vesschbikes B.V. any agreement entered into, including claims for failure to perform.

2. Until then, Vesschbikes B.V. can invoke its retention of title and take back the goods.

3. Before ownership has passed to the customer, the customer may not pledge, sell, alienate or otherwise encumber the products.

4. If Vesschbikes B.V. invokes its retention of title, the agreement is deemed to have been dissolved and Vesschbikes B.V. the right to claim damages, lost profits and interest

 

 

Delivery

1. Delivery takes place while stocks last.

2. Delivery takes place at Vesschbikes B.V. unless the parties have agreed otherwise.

3. Delivery of products ordered online takes place at the address indicated by the customer.

4. If the agreed amounts are not paid or are not paid on time, Vesschbikes B.V. the right to suspend its obligations until the agreed part has been paid.

5. Late payment constitutes creditor default. As a result, the customer cannot notify Vesschbikes B.V. for a late delivery. can object.

 

 

 

 

Delivery time

1. The by Vesschbikes B.V. Delivery times stated are indicative and do not entitle the customer to dissolution or compensation if these are exceeded, unless the parties have expressly agreed otherwise in writing.

2. The delivery time commences after the offer has been signed for approval by the customer to Vesschbikes B.V. by Vesschbikes B.V. has been confirmed to the customer in writing or electronically.

3. Exceeding the specified delivery time does not entitle the customer to compensation or the right to dissolve the agreement, unless Vesschbikes B.V. cannot deliver within 14 days after having been requested to do so in writing or by the parties

have agreed otherwise.

 

 

Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place on time.

 

Transportation costs

Transport costs are for the account of the customer, unless the parties have agreed otherwise

 

 

Packing and Shipping

1. If the packaging of a delivered product is opened or damaged, the customer must notify the forwarder c.g. to have the delivery person make a note, failing which Vesschbikes B.V. cannot be held liable for any damage.

2. If the customer takes care of the transport of a product himself, he must report any visible damage to products or the packaging to Vesschbikes B.V. prior to transport, failing which Vesschbikes B.V. cannot be held liable for any damage.

 

 

Storage

1. If the customer only accepts ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.

2. Any additional costs as a result of early or late purchase of products will be fully borne by the customer.

 

 

Assembly/Installation

Although Vesschbikes B.V. makes every effort to carry out all assembly and/or installation work as well as possible, he bears no responsibility for this, except in the case of intent or gross negligence.

 

 

Guarantee

1. The warranty with regard to products only applies to defects caused by faulty manufacture, construction or material

2. The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or incompetent use by the customer, as well as when the cause of the defect cannot be clearly determined.

3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties transfers to the customer at the time when these are legally and/or actually delivered, or at least come under the control of the customer or from a third party who takes delivery of the product on behalf of the customer.

 

 

Legal and/or factual

Be delivered, or at least come under the control of the customer or of a third party who receives the product on behalf of the customer.

 

 

exchange

1. Exchange of purchased items is only possible if the following conditions are met. Exchange takes place within 7 days after purchase on presentation of the original invoice. The product is returned in the original packaging or with the original price still attached. has not yet been used.

2. Discounted items, non-perishable items such as foodstuffs, custom items or items specially adapted for the customer and custom bikes cannot be exchanged.

 

 

 

 

Disclaimer

The customer indemnifies Vesschbikes B.V. against all claims from third parties in connection with Vesschbikes B.V. delivered products and/or services.

 

 

Complaints

1. The customer must submit a written form provided by Vesschbikes B.V. to examine the delivered product or service as soon as possible for any shortcomings

2. If a delivered product or service does not correspond to what the customer could reasonably expect from the agreement, the customer must inform Vesschbikes B.V. as soon as possible, but in any case within 1 month after the discovery of the shortcomings.

3. Consumers should inform Vesschbikes B.V. at the latest within 2 months after the discovery of the shortcomings

4. The customer provides as detailed a description as possible of the shortcoming, so that Vesschbikes B.V. is able to respond appropriately

5. The customer must demonstrate that the complaint relates to an agreement between the parties.

6. If a complaint relates to ongoing work. Can this in any case not lead to Vesschbikes B.V. can be held to perform other work than has been agreed.

 

Notice of default

1. The customer must notify Vesschbikes B.V. of any notice of default in writing.

2. It is the customer's responsibility that a notice of default is issued to Vesschbikes B.V. actually reached (on time).

 

 

Joint and several liability customer

If Vesschbikes B.V. enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts paid to Vesschbikes B.V. on the basis of that agreement. to owe.

 

 

Liability Vessch Bikes B.V.

1. Vesschbikes B.V. is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or willful recklessness.

2. If Vesschbikes B.V. claim

is liable for any damage, it is only liable for direct damage arising from or related to the execution of an agreement.

3. Vesschbikes B.V. is never liable for indirect damage, such as consequential damage, lost profit, lost savings or damage to third parties.

4. If Vesschbikes B.V. is liable, this liability is limited to the amount that is paid out by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount to which the liability relates. has.

5. All images, photos, colours, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation

 

 

Expiration period

Any right of the customer to compensation from Vesschbikes B.V. lapses in any case 12 months after the event from which the liability directly or indirectly arises. this does not exclude the provisions of Article 6:89 of the Dutch Civil Code.

 

 

Right to dissolution

1. The customer has the right to dissolve the agreement when Vesschbikes B.V. imputably fails to fulfill its obligations, unless this shortcoming does not justify termination due to its special nature or minor significance.

2. Is the fulfillment of the obligations by Vesschbikes B.V. not permanently or temporarily impossible, then dissolution can only take place after Vesschbikes B.V. is in default.

3. Vesschbikes B.V. has the right to dissolve the agreement with the customer if the customer does not fully or not timely fulfill its obligations under the agreement, or if Vesschbikes B.V. has taken cognizance of circumstances that give him good grounds to fear that the customer will not be able to properly fulfill his obligations.

 

 

Force majeur

1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a shortcoming on the part of Vesschbikes B.V. in the fulfillment of any obligation with regard to the customer not to Vesschbikes B.V. can be attributed in any of the wills of Vesschbikes B.V. independent situation, as a result of which the fulfillment of its obligations towards the customer is wholly or partially prevented or as a result of which the fulfillment of its obligations cannot reasonably be expected from Vesschbikes B.V. may be required.

2. The force majeure situation referred to in paragraph 1 also includes, but is not limited to: (state of emergency such as civil war. Rebellion, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity internet, computer and telecom outages; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.

3. If a force majeure situation occurs as a result of which Vesschbikes B.V. If one or more obligations to the customer cannot be fulfilled, these obligations will be suspended until Vesschbikes B.V. can meet again.

4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.

5. Vesschbikes B.V. in a situation of force majeure, no (damage) compensation is owed, even if it benefits from any advantage as a result of the force majeure situation

 

Amendment of the agreement

If after the conclusion of the agreement it appears necessary for its implementation to change or supplement its content, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.

 

 

 

 

Change of terms and conditions

1. Vesschbikes B.V. is entitled to amend or supplement these general terms and conditions.

2. Changes of minor importance can be made at any time.

3. Major substantive changes will be made by Vesschbikes B.V. discuss with the customer as much as possible in advance.

4. Consumers are entitled to cancel the Agreement in the event of a substantial change to the general terms and conditions.

 

 

Transfer of rights

1. Rights of the customer under an agreement between the parties cannot be transferred to third parties without the prior written consent of Vesschbikes B.V.

2. This provision applies as a stipulation with property law effect as referred to in Section 3:83(2) of the Dutch Civil Code.

Consequences of nullity or voidability

1. If one or more provisions of these general terms and conditions prove to be invalid or voidable, this will not affect the other provisions of these terms and conditions.

2. A provision that is void or voidable. In that case, is replaced by a provision that comes closest to what V

esschbikes B.V. in drawing up the conditions on that point.

 

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 Vesschbikes B.V. has its registered office/practice/holds office is exclusively authorized to take cognizance of any disputes between the parties. Unless the law prescribes otherwise.

 

 

Prepared on May 17, 2021