General terms and conditions

General terms and conditions of Bicyclecomfort

Table of Contents:

Article 1 – Definitions

Article 2 – Identity of the entrepreneur

Article 3 – Applicability

Article 4 – The offer

Article 5 – The agreement

Article 6 – Right of withdrawal

Article 7 – Costs in case of withdrawal

Article 8 – Exclusion of the right of withdrawal

Article 9 – The price

Article 10 – Compliance and warranty

Article 11 – Delivery and execution

Article 12 – Payment

Article 13 – Complaint Procedure

Article 14 – Disputes

Article 15 – Additional or different provisions

Artikel 1 – Definities

In these terms and conditions, the following definitions shall apply:

1.    Withdrawal time: dthe period within which the consumer can exercise his right of withdrawal;

2.    Consumer: the natural person not acting in the exercise of a profession or business who enters into a distance contract with the entrepreneur;

3.    Day: calendar day;

4.    Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;

5.    Durable data medium: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that permits future consultation and unaltered reproduction of the stored information.

6.   Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;

7.   Undertaker: the natural or legal person who offers products and/or services to consumers at a distance;

8.    Distance agreement: an agreement whereby, in the context of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;

9.    Technique for distance communication: means that can be used for the conclusion of an agreement, without the consumer and entrepreneur being together in the same room at the same time.

Article 2 – Identity of the entrepreneur

Fietscomfort
IJsselweg 7
7061 XT  TERBORG

Phone: +31 – 315 – 341558
Email address: info@bicyclecomfort.co.uk
CoC number: 57644357
VAT identification number: NL 852672251 B01

Article 3 – Applicability.

1. These general terms and conditions apply to every offer of the entrepreneur and to every distance contract concluded between entrepreneur and consumer.

2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions are available for inspection at the entrepreneur’s premises and that they will be sent free of charge to the consumer as soon as possible upon request.

3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that, at the consumer’s request, they will be sent electronically or otherwise free of charge.

4. In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs apply by analogy and in the event of conflicting general conditions the consumer can always invoke the applicable provision that is most favorable to him.

Article 4 – The offer

1. If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.

2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images these are a true reflection of the products and / or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.

3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:

o the price including taxes;

o any costs of delivery;

o the way in which the agreement will be concluded and which actions are necessary for this;

o whether or not the right of withdrawal is applicable;

o the method of payment, delivery and performance of the agreement;

o the period for accepting the offer, or the period within which the entrepreneur guarantees the price;

o the amount of the rate of distance communication if the costs of using the technique for distance communication are calculated on a
basis other than the regular basic rate for the means of communication used;

o whether the agreement is archived after its conclusion, and if so in what way it can be consulted by the consumer;

o the way in which the consumer, before the conclusion of the agreement, can check the data provided by him in the context of the agreement and, if desired, restore them;

o any other languages in which, besides Dutch, the contract can be concluded; English & French

o the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and

o the minimum duration of the distance contract in the event of an extended transaction.

Article 5 – The Agreement

1. The agreement, subject to the provisions of paragraph 4, is concluded at the time of acceptance by the consumer of the offer and the fulfillment of the conditions set forth therein.

2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.

3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

4. The entrepreneur may – within legal frameworks – inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while stating his reasons.

5. The entrepreneur will include the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier:

a. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;

b. the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;

c. the information on guarantees and existing after-sales service;

d. the data included in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided the consumer with these data before the execution of the agreement;

e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

6. In the case of a duration transaction, the provision of the previous paragraph applies only to the first delivery.

Article 6 – Right of withdrawal

1. When purchasing products, the consumer has the option of dissolving the agreement without giving reasons for 14 calendar days. This reflection period starts the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.

2. During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product to the entrepreneur with all delivered accessories and in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

3. Attention! All exchange products must be in perfect new condition. Already assembled products cannot be returned.

Article 7 – Costs in case of withdrawal

1. If the consumer exercises his right of withdrawal, no more than the cost of return shipment shall be borne by him.

2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after receipt of the return or withdrawal.

Article 8 – Exclusion of the right of withdrawal.

1. The trader can exclude the consumer’s right of withdrawal to the extent provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the contract.

2. Exclusion of the right of withdrawal is only possible for products:

a. that have been created by the entrepreneur in accordance with the consumer’s specifications;

b. that are clearly of a personal nature;

c. that by their nature or damage caused cannot be returned;

d. that spoil or age quickly;

e. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;

f. for individual newspapers and magazines;

g. for audio and video recordings and computer software of which the consumer has broken the seal.

Article 9 – The price

1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.

2. Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur’s control, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.

3. Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.

4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated it and:

a. they are the result of legal regulations or stipulations; or

b. the consumer is authorized to terminate the contract on the day on which the price increase takes effect.

5. The prices mentioned in the offer of products or services include VAT.

Article 10 – Conformity and Warranty

1. The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations that existed on the date the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

2. A guarantee provided by the entrepreneur, manufacturer or importer does not detract from the legal rights and claims that the consumer may assert against the entrepreneur on the basis of the agreement.

Article 11 – Delivery and execution

1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.

2. The place of delivery is the address that the consumer has made known to the company.

3. Subject to what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but at the latest within 30 days unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed about this within 30 days after the order was placed. The consumer in that case has the right to dissolve the agreement without cost and the right to possible compensation.

4. In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.

5. If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement article. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.

6. The risk of damage and / or loss of products rests with the entrepreneur until the time of delivery to the consumer or a previously designated and made known to the entrepreneur representative, unless otherwise expressly agreed.

Article 12 – Payment

1. Bicyclecomfort only handles advance payments and pre-approved credit card payments. Bicyclecomfort works with a specialized and reliable party: Mollie Payment provider.

Bicyclecomfort uses the following payment methods:

iDeal: iDEAL is an online payment system developed by Dutch banks. iDEAL is a very trusted and also the most widely used online payment method in the Netherlands. With iDEAL the consumer is redirected from the payment environment of Bicyclecomfort to his own internet banking environment to make the payment.

PayPal

With PayPal, every consumer can pay for his or her purchases on the Internet directly online. PayPal offers consumers a lot of protection and is available in 190 countries. In cooperation with Mollie, PayPal accepts 18 different currencies including:

€ EUR, $ USD, $ AUD, $ CAD, £ GBP

The consumer must create his own PayPal account, which payment methods a consumer can choose from depends on his own choices. If a consumer wants to pay via PayPal using his credit card or his bank account, he must first link it to his PayPal account. There is also the option of depositing a balance in the PayPal account. So PayPal is a user-friendly payment method for consumers.

: Both domestic and international. Wire transfer, also known as wire transfer or bank transfer, is a trusted payment method used to pay online both nationally and internationally.

Mollie handles direct processing of online credit card payments for: MasterCard, Visa and American Express. These are the 3 major credit cards which cover no less than 99% of the Dutch market and 95% of the international market. The Mollie Payment Engine supports credit card transactions in different currencies. The credit card payment screens are therefore multilingual.

Payment method for Belgium: Bancontact/Mister Cash

Since 2006, it has been possible for Belgian consumers to make online payments with Mister Cash. A payment with Mister Cash is very simple for the consumer. On the payment page, one selects Mister Cash as the payment method. Then a secure connection is made and the customer can select his own bank. After this he enters his familiar online banking environment and can log in. In the follow-up screen, he can then complete his payment.

Sofortbanking (formerly DirectEbanking) is a simple and direct payment method used internationally. With sofortbanking, consumers at home and abroad can easily pay for an order by means of a bank transfer via their online banking system. sofortbanking is similar to an online bank transfer and, although the usual receipt period for bank transfers also applies here, confirmation that the transfer has been initiated by the consumer’s bank can be given immediately. In addition, sofortbanking has a low threshold because a consumer does not need to create an account, does not need to load a suspense account and does not need a credit card. sofortbanking complies with high security standards regarding online banking and has a TÜV-tested protection of personal data.

It is important to note that sofortbanking vs. payment methods such as iDEAL and a regular bank transfer is not a guaranteed payment method.

2. Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period as referred to in article 6 paragraph 1. In case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.

3. When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. Where advance payment is stipulated, the consumer may not assert any rights regarding the execution of the order or service(s) in question before the stipulated advance payment has been made.

4. The consumer has the duty to immediately report inaccuracies in payment data provided or mentioned to the entrepreneur.

5. In case of non-payment by the consumer, the entrepreneur has, subject to legal restrictions, the right to charge reasonable costs made known in advance to the consumer.

Article 13 – Complaints procedure

1. The entrepreneur has a sufficiently publicized complaint procedure and handles the complaint in accordance with this complaint procedure.

2. Complaints about the implementation of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has found the defects.

3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.

4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is amenable to the dispute settlement procedure.

Article 14 – Disputes.

1. Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.

Article 15 – Additional or different provisions

Additional provisions or provisions deviating from these general conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.