Article 1. Definitions
1.1 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;
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. Right of withdrawal
2.1 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).
2.2 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.
2.3 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).
2.4 The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement.
2.5 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.
2.6 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 3. Obligations of the consumer during the reflection period
3.1 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.
3.2 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.
3.3 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 4. Exercise of the right of withdrawal by the consumer and costs thereof
4.1 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.
4.2 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.
4.3 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.
4.4 The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
4.5 The consumer bears the direct costs of returning the product.
4.6 If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.
Article 5. Obligations of Clike Bikes in case of withdrawal
5.1 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.
5.2 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.
5.3 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.
5.4 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 6. 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:
6.1 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;
6.2 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;
6.3 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;
6.4 Products that spoil quickly or have a limited shelf life;
6.5 Products that are irrevocably mixed with other products after delivery due to their nature;