General Terms and Conditions
Table of contents:
Article 1 – Definitions
Article 2 – Identity of the Clike Bikes
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Obligations of the consumer during the reflection period
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 – Obligations of the Clike Bikes in case of withdrawal
Article 10 – Exclusion of the right of withdrawal
Article 11 – The price
Article 12 – Compliance and additional warranty
Article 13 – Delivery and implementation
Article 14 – Duration transactions: duration, cancellation and extension
Article 15 – Payment
Article 16 – Retention of title
Article 17 – Complaints procedure
Article 18 – Disputes
Article 19 – Amendments
Article 1. Definitions
In these conditions the following terms have the following meanings:
Additional agreement: an agreement whereby the consumer acquires products and / or services in connection with a distance contract and these goods, digital content and / or services are supplied by Clikebikes B.V. or by a third party on the basis of of an agreement between that third party and Clikebikes B.V.;
Reflection period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who does not act for purposes related to his trade, business, craft or professional activity;
Day: calendar day;
Duration agreement: an agreement that extends to the regular delivery of goods and / or services during a certain period;
Durable data carrier : any tool – including e-mail – that enables the consumer or Clikebikes B.V. to store information that is addressed to him personally in a way that facilitates future consultation or use during a period that is geared to the purpose for which the information is intended, and which enables unaltered reproduction of the stored information;
Right of withdrawal: the consumer’s option to cancel the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and / or services to consumers from a distance, hereinafter also referred to as “Clike Bikes”;
Distance contract: an agreement concluded between Clike Bikes and the consumer within the framework of an organized system for distance sales of products and / or services, whereby up to and including the conclusion of the agreement, exclusive or partial use is made of one or more remote communication techniques;
Technology for distance communication: means that can be used to conclude an agreement, without the consumer and Clike Bikes having to be together in the same room at the same time.
Article 2. Identity of the entrepreneur
Business address: Taanderijstraat 19, 3133ET Vlaardingen, The Netherlands
Telephone number: +31 (0) 10 261 9612
Accessibility: Monday to Saturday from 8.00 am to 5.00 pm
Internet site: www.clikebikes.com
E -mail address: firstname.lastname@example.org
Chamber of Commerce number: 72408421
Article 3. Applicability
3.1 These general terms and conditions apply to every offer from Clike Bikes and to all agreements entered into by Clike Bikes with the consumer by whatever name.
3.2 Before the agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, Clike Bikes will indicate, before the distance contract is concluded, how the general terms and conditions can be viewed at Clike Bikes and that they will be sent free of charge as soon as possible at the request of the consumer.
3.3 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 can be made available to the consumer electronically in such a way that they are made available by the consumer. can be easily stored 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 they will be sent free of charge electronically or otherwise at the request of the consumer.
3.4 In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and in the event of conflicting conditions, the consumer can always rely on the applicable provision that is most favorable to him. is.
Article 4. The offer
4.1 If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
4.2 The offer contains a complete and accurate description of the products and / or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If Clike Bikes uses images, these are a true representation of the products and / or services offered. Obvious mistakes or errors in the offer are not binding for Clike Bikes.
4.3 Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.
Article 5. The agreement
5.1 The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the corresponding conditions.
5.2 If the consumer has accepted the offer electronically, Clike Bikes will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by Clike Bikes, the consumer can dissolve the agreement.
5.3 If the agreement is concluded electronically, Clike Bikes will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, Clike Bikes will observe appropriate security measures.
5.4 Clike Bikes can inform itself within legal frameworks 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, Clike Bikes has good reasons not to enter into the agreement, it is entitled to refuse an order or request or to attach special conditions to the implementation.
5.5 Clike Bikes will at the latest upon delivery of the product or service to the consumer send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
• the visiting address of the location of Clike Bikes or the address of a third party designated by Clike Bikes where the consumer can go with complaints;
• the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of
• information about guarantees and existing service after purchase;
• the price, including all taxes of the product or service;
• insofar as applicable, the costs of delivery and the method of payment, delivery or implementation of the distance contract;
• the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;
• if the consumer has a right of withdrawal, the model withdrawal form.
5.6 In the event of an extended transaction, the provision in the previous paragraph only applies to the first delivery.
Article 6. Right of withdrawal
6.1 The consumer can dissolve an agreement regarding the purchase of a product without giving reasons during a reflection period of 14 days. Clike Bikes may ask the consumer about the reason for the withdrawal, but not oblige him to state the reason(s).
6.2 The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or
• if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. Clike Bikes may, provided that it has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with different delivery times.
• if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment of the last part;
• in the case of contracts for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
6.3 The consumer can dissolve a service agreement with Clike Bikes for 14 days without giving reasons. Clike Bikes may ask the consumer about the reason for the withdrawal, but not oblige him to state the reason(s).
6.4 The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement.
6.5 If Clike Bikes has not provided the consumer with the legally required information about the right of withdrawal or the model form for withdrawal, the reflection period will expire twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.
6.6 If Clike Bikes has provided the consumer with the information referred to in the preceding paragraph within 12 months after the commencement date of the original cooling-off period, the cooling-off period will expire fourteen 14 days after the day on which the consumer provided that information.
Article 7. Obligations of the consumer during the reflection period
7.1 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 determine the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
7.2 The consumer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
7.3 The consumer is not liable for depreciation of the product if Clike Bikes does not use it for or has provided all legally required information about the right of withdrawal when concluding the agreement.
Article 8. Exercise of the right of withdrawal by the consumer and costs thereof
8.1 If the consumer makes use of his right of withdrawal, he will notify Clike Bikes in writing within the withdrawal period or in another unambiguous manner.
8.2 As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer will return the product or hand it over to (an authorized representative of) Clike Bikes. This is not necessary if Clike Bikes has offered to collect the product itself. The consumer has in any case complied with the return period if he returns the product before the cooling-off period has expired.
8.3 The consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by Clike Bikes.
8.4 The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
8.5 The consumer bears the direct costs of returning the product.
8.6 If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.
Article 9. Obligations of Clike Bikes in case of withdrawal
9.1 If Clike Bikes makes it possible to notify the consumer of withdrawal electronically, it will immediately send a confirmation of receipt after receipt of this notification.
9.2 Clike Bikes will reimburse all payments made by the consumer, including any delivery costs charged by Clike Bikes for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless Clike Bikes offers to collect the product itself, it may wait with paying back until it has received the product or until the consumer demonstrates that he has returned the product, whichever is the earlier. 9.3 Clike Bikes uses the same payment method that the consumer has used for reimbursement, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer. 9.4 If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, Clike Bikes does not have to refund the additional costs for the more expensive method.
Article 10. Exclusion of right of withdrawal
The following products and services are excluded from the right of withdrawal, but only if Clike Bikes has clearly stated this in the offer, at least in time for the conclusion of the agreement:
10.1 Products or services whose price is subject to fluctuations on the financial market over
which Clike Bikes has no influence and which may occur within the withdrawal period;
10.2 Service contracts, after full performance of the service, but only if:
• the performance has begun with the consumer’s explicit prior consent; and
• the consumer has stated that he will lose his right of withdrawal as soon as Clike Bikes
has fully performed the agreement;
10.3 Products manufactured according to the consumer’s specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
10.4 Products that spoil quickly or have a limited shelf life;
10.5 Products that are irrevocably mixed with other products after delivery due to their nature;
Article 11. The price
11.1 During the period of validity stated in the offer, the prices of the products and / or services offered will not be increased, except for price changes as a result of changes in VAT rates.
11.2 Contrary to the previous paragraph, Clike Bikes can offer products or services whose prices are subject to fluctuations in the financial market and over which Clike Bikes has no influence, at variable prices. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer.
11.3 Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
11.4 Price increases from 3 months after the conclusion of the agreement are only permitted if Clike Bikes has stipulated this, and:
• they are the result of statutory regulations or provisions; or
• the consumer has the authority to cancel the agreement on the day on which the price increase takes effect.
11.5 The prices stated in the offer of products or services include VAT.
Article 12. Compliance with the agreement and additional warranty
12.1 Clike Bikes guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the on the date of the formation of the agreement existing legal provisions and / or government regulations. If agreed, Clike Bikes also guarantees that the product is suitable for other than normal use.
12.2 An additional warranty provided by Clike Bikes, its supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against Clike Bikes on the basis of the agreement if Clike Bikes has failed to fulfill its part of the agreement. .
12.3 An additional guarantee is understood to mean any obligation on the part of Clike Bikes, its supplier, importer or manufacturer in which it grants the consumer certain rights or claims that go beyond what is legally required in the event that he has failed to comply with his part of the agreement.
Article 13. Delivery and implementation
13.1 Clike Bikes will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
13.2 The place of delivery is the address that the consumer has made known to Clike Bikes.
13.3 With due observance of what is stated in article 4 of these general terms and conditions, Clike Bikes will execute accepted orders with due speed, but no later than 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs.
13.4 After dissolution in accordance with the previous paragraph, Clike Bikes will immediately refund the amount paid by the consumer.
13.5 The risk of damage and / or loss of products rests with Clike Bikes until the moment of delivery to the consumer or a pre-designated representative made known to Clike Bikes, unless expressly agreed otherwise.
Article 14. Duration transactions: duration, cancellation and extension
14.1.1 The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products or services, at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.
14.1.2 The consumer can terminate an agreement that has been entered into for a definite period and which extends to the regular delivery of products or services, at any time by the end of the specified term, with due observance of the agreed cancellation rules and a notice period of no more than one month.
14.1.3 The consumer can cancel the agreements referred to in the previous paragraphs:
• at any time and not be limited to termination at a specific time or in a specific period;
• at least cancel in the same way as they entered into by him;
• always cancel with the same notice period as Clike Bikes has stipulated for itself.
14.2.1 An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may not be tacitly extended or renewed for a fixed term.
14.2.2 A contract that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month.
14.3.1 If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose cancellation before the end. of the agreed duration.
Article 15. Payment
15.1 Unless otherwise specified in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement. . In the case of an agreement to provide a service, this period starts on the day after the consumer has received the confirmation of the agreement.
15.2 When selling products to consumers, the consumer may never be obliged in general terms and conditions to pay more than 50% in advance. When prepayment has been stipulated, the consumer cannot assert any rights whatsoever with regard to the execution of the order or service (s) before the stipulated prepayment has been made.
15.3 The consumer has the duty to report inaccuracies in provided or stated payment details to Clike Bikes without delay.
15.4 If the consumer does not fulfill his payment obligation (s) on time, after he has been informed by Clike Bikes of the late payment and Clike Bikes has granted the consumer a period of 14 days to still fulfill his payment obligations, after if payment is not made within this 14-day period, the statutory interest is due on the amount due and Clike Bikes is entitled to charge the extrajudicial collection costs incurred by it. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% over the next € 2,500 and 5% over the next € 5,000 with a minimum of € 40. Clike Bikes can deviate from the stated amounts and percentages in favor of the consumer.
Article 16. Retention of title
16.1 The products delivered by Clike Bikes remain the property of Clike Bikes until full payment of the purchase price owed, including any interest and costs. The products delivered by Clike Bikes to the consumer are delivered under the suspensive conditions of full payment of the purchase price, interest and costs by the customer. After full payment, ownership of the delivered products will pass to the consumer; payments are considered to always relate to the longest due and payable invoice.
16.2 All products in the possession of the consumer, originating from Clike Bikes, are always deemed to be the same as those stated on the unpaid invoices, insofar as the quantity of products in the possession of the consumer according to type and composition the do not exceed quantities stated on the unpaid invoices.
16.3 The consumer is not entitled to pledge the unpaid products, to establish a non-possessory pledge on them or to have any other real right established thereon for the benefit of a third party.
16.4 The consumer now grants Clike Bikes the right to enter all those places where the products delivered by Clike Bikes are located, in order to enable Clike Bikes to exercise its ownership rights and to take back the unpaid products. Retrieving its goods in this way does not affect the right of Clike Bikes to demand compensation from the customer for damage suffered or costs incurred as a result of non-compliance attributable to the customer.
Article 17. Complaints procedure
17.1 Complaints about the implementation of the agreement must be submitted fully and clearly described to Clike Bikes within a reasonable time after the consumer has discovered the defects.
17.2 Complaints submitted to Clike Bikes will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Clike Bikes will reply within 14 days with a confirmation of receipt and an indication when the consumer can expect a more detailed answer.
17.3 The consumer must in any case give Clike Bikes 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to the dispute settlement.
Article 18. Disputes
18.1 Agreements between Clike Bikes and the consumer to which these general terms and conditions apply, are exclusively governed by Dutch law.
18.2 Disputes between the consumer and Clike Bikes about the conclusion or performance of agreements with regard to products and / or services to be delivered or delivered by Clike Bikes can, unless mandatory provisions prevent this, be submitted exclusively to the competent court. in the district where Clike Bikes (statutory) is located.
Article 19. Amendments
19.1 Clike Bikes is entitled to change these general terms and conditions unilaterally. In that case, Clike Bikes will inform the consumer of the changes in a timely manner. There will be at least one month between this notification and the entry into force of the amended terms and conditions. If the change results in the consumer being provided with a performance that substantially deviates from the original performance, the consumer has the authority to dissolve the agreement as of the date on which the changed conditions come into effect.