TERMS AND CONDITIONS BIKER OUTFIT WEBSHOP B.V.
ARTICLE 1. | DEFINITIONS
In these general terms and conditions, the following terms, always capitalized, are used with the following meaning.
- Biker Outfit: Biker Outfit Webshop B.V., the user of these general terms and conditions, located at Annaloogstraat 27, 1033 MR in Amsterdam.
- Customer: any natural or legal person with whom Biker Outfit has concluded or intends to conclude an Agreement.
- Consumer: a Customer, natural person, not acting in the exercise of a profession or business.
- Parties: Biker Outfit and the Customer jointly.
- Agreement: any agreement between the Parties in the context of which Biker Outfit commits itself to the Customer for the sale and delivery of Products and/or a Gift Card.
- Distance Agreement: an Agreement concluded between Biker Outfit and a Consumer within the framework of an organized system for the conclusion of a distance contract without the simultaneous personal presence of Biker Outfit and the Consumer and whereby, up to and including the moment of the conclusion of the the Agreement, exclusive use is made of one or more means of distance communication, such as in the case of an Agreement concluded by a Consumer through the Webshop. An Agreement is therefore not a Distance Agreement if Biker Outfit does not use an organized system for the conclusion of a distance contract, for example if the Consumer looks up Biker Outfit's contact details on the internet or in a telephone book and concludes an Agreement by telephone.
- Webshop: www.bikeroutfit.nl.
- Products: the goods to be sold and delivered by Biker Outfit to the Customer in the context of an Agreement, which may include motorcycle clothing, helmets, gloves, boots and shoes, luggage bags and accessories, protection equipment , rainwear etc.
- Gift Card: a physical or digital gift card ordered through the Webshop and to be delivered by Biker Outfit to the Customer that can be redeemed at Biker Outfit when purchasing and delivering Products.
- Written: communication in writing, communication by e-mail or any other form of communication that can be equated with this in view of the state of the art and prevailing views in society.
ARTICLE 2. | GENERAL PROVISIONS
- These general terms and conditions apply to every offer from Biker Outfit, every Agreement and all legal relationships arising therefrom between the Parties.
- The applicability of any general terms and conditions of the Customer is expressly rejected.
- The provisions of these general terms and conditions can only be deviated from expressly and in writing. If and insofar as what the Parties have expressly agreed in Writing deviates from the provisions of these general terms and conditions, what the Parties have agreed explicitly and In Writing will apply.
- The nullity or nullity of one or more of the provisions of these general terms and conditions or the Agreement as such does not affect the validity of the other provisions. In such a case, the Parties are obliged to enter into mutual consultation in order to make an alternative arrangement with regard to the affected clause. In doing so, the purpose and purport of the original provision will be taken into account as much as possible.
ARTICLE 3. | OFFER AND CONCLUSION OF THE AGREEMENT
- Every offer from Biker Outfit is without obligation and subject to sufficient availability of the Products offered. Biker Outfit can revoke its offer until immediately, or at least as soon as possible after its acceptance by the Customer. If in such a case payment has already been made by the Customer, Biker Outfit will arrange for a refund as soon as possible.
- Obvious errors, mistakes and clerical errors in an offer from Biker Outfit do not bind Biker Outfit.
- Without prejudice to the provisions of paragraphs 1 and 4, each Agreement is concluded at the moment that the offer of Biker Outfit has been accepted by the Customer at the designated place and the Customer has fulfilled all conditions that expressly imply acceptance of the offer are connected.
- In the event that the Customer places an order without a concrete offer from Biker Outfit having preceded it, for example when the Customer orders by e-mail, the Agreement is only concluded when the order is placed by e-mail. confirmed by Biker Outfit.
- If the Agreement has been concluded through the Webshop, the conclusion of the Agreement, without prejudice to the provisions of paragraph 1, will be confirmed by Biker Outfit as soon as possible by e-mail.
ARTICLE 4. | RIGHT OF WITHDRAWAL FOR DISTANCE AGREEMENTS
- Subject to the provisions of the rest of this article, the Consumer can revoke the Distance Agreement up to 30 days after receipt of the Products, without giving reasons. If the Distance Agreement provides for the delivery of a Gift Card, the Consumer can, subject to the provisions of paragraph 3, revoke the Distance Agreement up to 30 days after its conclusion, without giving reasons.
- The Consumer has no right of withdrawal in the event of the delivery of Products that are not suitable to be returned for reasons of health protection or hygiene and of which the seal has been broken after delivery, including hearing protection products in any case. Furthermore, the Consumer has no right of withdrawal in the event of the delivery of pinlock lenses after the packaging has been opened. Finally, the Consumer has no right of withdrawal in the case of Products that have been modified or manufactured according to the Consumer's specifications.
- The right of withdrawal with regard to a Gift Card lapses if the Gift Card has been redeemed within the cooling-off period of 30 days.
- The Consumer can revoke the Distance Agreement by submitting a request to Biker Outfit by e-mail or by using the model withdrawal form offered by Biker Outfit. As soon as possible after Biker Outfit has been notified of the Consumer's intention to revoke the Distance Agreement and if the conditions of this article have been met, Biker Outfit will confirm the revocation of the Distance Agreement by e-mail.
- In the case of delivered Products that may be returned under the right of withdrawal, the Consumer must handle the relevant Products and their packaging with care during the period referred to in paragraph 1. The Consumer may only handle and inspect the Products to be returned to the extent necessary to assess the nature and characteristics of the Products. The starting point here is that the Consumer may only handle and inspect the Products as he would be allowed to do in a physical store.
- If the Consumer makes use of the right of withdrawal, he will return the Products undamaged, with all accessories supplied and in the original condition and packaging to Biker Outfit. Return delivery is at the expense and risk of the Consumer; Biker Outfit is not responsible and liable for damage or loss during transport.
- The Consumer is liable for any reduction in value of returned Products that is the result of a way of handling the Products that goes beyond what is permitted under paragraph 5. Biker Outfit is entitled to charge the Consumer for this reduction in value, whether or not by offsetting this with any payment already received from the Consumer. If the decrease in value is such that the Products can no longer reasonably be prepared for resale, the Consumer will owe the full purchase price.
- Return of the Products to be returned must take place within 14 days after the Consumer has revoked the Distance Agreement in accordance with the provisions of paragraph 4.
- If the Consumer makes use of the right of withdrawal, the costs of returning the Products will be borne by the Consumer.
- Biker Outfit will refund to the Consumer any payment already received from the Consumer, minus any reduction in value, as soon as possible, but no later than 14 days after revocation of the Distance Agreement, provided that the Products have been received back by Biker Outfit, then it has been demonstrated by the Consumer that the Products have actually been returned. If the right of withdrawal is only applied to part of the order, any delivery costs paid by the Consumer in the first instance will not be eligible for refund.
- Reimbursement will be made using the same payment method used by the Consumer when purchasing the Products or Gift Card. If payment for Products has been made by means of a Gift Card, reimbursement will be made by crediting the Gift Card or supplying a new Gift Card.
ARTICLE 5. | CANCELLATION BY THE CUSTOMER OTHER THAN UNDER ARTICLE 4
If the Customer cancels the Agreement after its conclusion other than pursuant to Article 4, the Customer will continue to owe the full agreed price and any shipping costs already incurred, unless Biker Outfit has expressly stated in Writing to the Customer that it wishes to waive this for a specific case. depart. In that case, Biker Outfit can attach special conditions to the cancellation.
ARTICLE 6. | GIFT CARDS
- An ordered Gift Card will be delivered in physical or digital form, depending on the choice made by the Customer when placing the order.
- A Gift Card can be used to order Products. The Gift Card can be used to pay the full amount of an order or part thereof. If the total amount of the order exceeds the value of the Gift Card, the Customer can use an additional payment method to complete the purchase.
- A physical Gift Card will be delivered within approximately three to five working days after the order has been placed. A digital Gift Card will be sent to the e-mail address specified by the Customer immediately after the order has been completed.
- The Customer guarantees that the (e-mail) address provided by him for the delivery of the Gift Card is correct and complete. Biker Outfit is never liable for damage as a result of incorrect or incomplete information provided by the Customer.
- A Gift Card is valid for 24 months after the date of purchase. If this period of validity has expired, the Gift Card can no longer be used for a purchase, cannot be reactivated and the (residual) value of the Gift Card will lapse.
- When purchasing a Gift Card, the Customer determines the value of the Gift Card. This value is a maximum of € 500. For a physical Gift Card the minimum value is € 25 and for a digital Gift Card the minimum value is € 10. The balance of a Gift Card cannot be increased or decreased, other than a decrease as a result of the purchase of Products. A Gift Card can be used until its value has been used up in full.
- The invoice of the order for which payment was made with the Gift Card always shows the balance of the Gift Card. In addition, the current balance can be checked at www.bikeroutfit.nl/nl/giftcard, in the Biker Outfit store or by contacting Biker Outfit customer service.
- Biker Outfit is never liable for damage as a result of theft, loss or damage to the Gift Card.
ARTICLE 7. | TERMS
- Biker Outfit makes every effort to comply with any agreed delivery term, but this term is only an indicative, non-fatal term. Biker Outfit's default does not take effect until after the Customer has given Biker Outfit written notice of default, in which notice of default a reasonable term for compliance has been stated, and Biker Outfit is still in default after the expiry of the latter term. is.
- Default on the part of Biker Outfit entitles the Customer to dissolve that part of the Agreement to which the default relates, but never the right to additional compensation.
ARTICLE 8. | INVESTIGATION, COMPLAINTS, WARRANTY AND CONFORMITY
- At the time of delivery, or at least immediately afterwards, the Customer must examine whether the nature and quantity of the Products comply with the Agreement. If, in the opinion of the Customer, the nature and/or quantity of the Products do not comply with the Agreement, he must immediately notify Biker Outfit of this. In the event that the Products are collected from Biker Outfit on location, the nature and quantity of the Products will be deemed to comply with the Agreement if the Products have been taken along by or on behalf of the Customer.
- Complaints relating to defects that were reasonably invisible or otherwise unknown at the time of delivery must be made in writing within five days after the Customer became aware of the existence of the defect, or at least should have become aware of it in writing. submitted to Biker Outfit.
- Contrary to the provisions of the previous paragraphs of this article, a Consumer can no longer rely on the fact that what has been delivered in the context of a consumer purchase does not comply with the Agreement, if not within two months after discovery of the defect. the Consumer has complained to Biker Outfit in this regard.
- If the Customer does not complain in time and in accordance with the provisions of the previous paragraphs, Biker Outfit will not be under any obligation whatsoever from such a complaint from the Customer.
- Even if the Customer complains in time, his obligation to pay Biker Outfit on time will continue to exist, except insofar as the law for the benefit of the Consumer precludes this.
- Warranty on the Products is limited to any manufacturer's warranty that the supplier of Biker Outfit supplies with the Products, on the understanding that a warranty provided by Biker Outfit, manufacturer or importer does not affect the mandatory legal rights and claims that Consumers have in the within the framework of a consumer purchase against Biker Outfit (conformity).
- In the event of an appeal to any manufacturer's warranty, this will be settled in accordance with the applicable manufacturer's warranty conditions of the manufacturer or supplier of Biker Outfit. Any costs passed on by the manufacturer or supplier of Biker Outfit in connection with an appeal to the factory warranty, as well as any costs incurred by Biker Outfit in connection with the mediation in an appeal to the factory warranty, will be borne by the Customer. The warranty period does not start again due to repair or replacement under the manufacturer's warranty.
- A claim based on non-conformity lapses in any case if a defect in the delivered Product is the result of an external cause after delivery or another circumstance not attributable to Biker Outfit or its supplier. This includes, without limitation, defects as a result of damage from the outside, natural wear and tear, incorrect or improper treatment, incorrect or improper use and making changes to the Products, including repairs that have not been carried out with the prior Written consent of Biker Outfit. executed.
- If the Customer returns Products under this clause, the Customer must return the Products to the store or return them by parcel post. Delivery to Biker Outfit takes place, without prejudice to the provisions of the next paragraph, at the expense and risk of the Customer; Biker Outfit is not responsible and liable for damage or loss during transport.
- In the event that the Consumer makes a valid appeal to non-conformity, the Consumer is entitled to repair or replacement or addition of the missing. No costs can be charged to the Consumer for the exercise of these rights. Biker Outfit will cooperate within a reasonable time in the repair, replacement or addition of the missing. If repair, replacement or supplementation of what is missing is not possible, the Consumer is entitled to a financial compensation to be determined reasonably, which, however, never exceeds the price that the Consumer has paid to Biker Outfit for the relevant Product. The amount of the financial compensation depends, among other things, on the period in which the Consumer was able to use the Product without defect.
- No grounds for complaints and not regarded as defects of Products, dissatisfaction of the Customer with a Product, while the Product does comply with the Agreement (has the properties that the Customer may reasonably expect or that are explicitly stated by the manufacturer or Biker Outfit). are committed). Furthermore, no grounds for complaints are properties of a Product that have been explicitly indicated by the manufacturer or Biker Outfit, but of which the Customer cannot reasonably expect these properties to be present under all circumstances or without limitation, such as with regard to the waterproofness of raincoats.
- If the Customer claims repair of a Product under this article, he will not be entitled to replacement of the Product instead if the defect is too minor to justify replacement or replacement cannot reasonably be done by Biker Outfit for other reasons. can be required. A single defect of a Product is generally no reason to designate the Product as defective in its entirety.
- Unless there is financial compensation due to a Consumer on account of non-conformity as referred to in the previous paragraph, and the Customer is entitled to a refund under a manufacturer's warranty, the Customer will receive this refund in the form of a credit which he can spend indefinitely at Biker Outfit.
ARTICLE 9. | FORCE MAJEUR
- Biker Outfit is not obliged to fulfill any obligation under the Agreement if and for as long as it is prevented from doing so by a circumstance that cannot be attributed to it under the law, a legal act or generally accepted views (force majeure). Force majeure, in addition to what is understood in this respect in legislation and jurisprudence, is understood to mean all external causes over which Biker Outfit has no influence and which make the (further) execution of the Agreement impossible or seriously impede, including staff shortages, epidemics. , pandemics, fire, measures taken by any government, transport restrictions, war or threat of war, violent or armed actions, failures in communication links or in equipment or software of Biker Outfit or third parties.
- If and insofar as the force majeure situation makes compliance with the Agreement permanently impossible or continues or will continue for more than three months, the Parties are entitled to terminate the Agreement with immediate effect.
- If Biker Outfit has already partially fulfilled its delivery obligations upon the commencement of the force majeure situation, or can only partially fulfill its delivery obligations, Biker Outfit is entitled to separately invoice the already delivered part or still deliverable part of the Agreement as if there was an independent Agreement.
- Damage caused as a result of force majeure will never be eligible for compensation, without prejudice to the provisions of the previous paragraph.
ARTICLE 10. | SUSPENSION AND DISSOLUTION
- Biker Outfit is, if the circumstances of the case reasonably justify it, authorized to suspend the performance of the Agreement or to dissolve the Agreement in whole or in part with immediate effect, if and insofar as the Customer does not fulfill its obligations under the Agreement, fails to fulfill its obligations on time or in full, or circumstances that have become known to Biker Outfit after the Agreement has been concluded give good grounds to fear that the Customer will not fulfill its obligations. If the fulfillment of the obligations of the Customer in respect of which he falls short or threatens to fall short, is not permanently impossible, the right to dissolve only arises after the Customer has been given written notice of default by Biker Outfit, in which notice of default a reasonable term is stated within which the Customer can (still) fulfill its obligations and the fulfillment has still not been forthcoming after the expiry of the latter term.
- If the Customer is in a state of bankruptcy, has applied for (provisional) suspension of payment, any attachment has been levied on its goods or in cases where the Customer cannot freely dispose of its assets in any other way, Biker Outfit is entitled to terminate the Agreement with to dissolve in whole or in part with immediate effect.
- The Customer is never entitled to any form of compensation in connection with the suspension or dissolution right exercised by Biker Outfit on the basis of this article.
- The Customer is obliged to compensate the damage that Biker Outfit suffers as a result of the suspension or dissolution of the Agreement.
- If Biker Outfit dissolves the Agreement on the basis of this article, all claims against the Customer are immediately due and payable.
ARTICLE 11. | PRICES, SHIPPING & PAYMENTS
- Whether, in the case of delivery, shipping costs will be borne by the Customer and what the amount thereof will depend on the country of delivery and the order amount. This information is stated in the Webshop. The shipping rates stated in the Webshop at the time of the conclusion of the Agreement apply, on the understanding that before an Agreement is concluded with a Consumer, the Consumer is expressly informed of any applicable shipping costs.
- In the event of full or partial advance payment, Biker Outfit is not obliged to proceed with delivery until after the advance payment has been received by Biker Outfit.
- Payment must be made in one of the ways specified by Biker Outfit, at the time specified by Biker Outfit or within the term stated by it. In the event of a transfer, Biker Outfit applies a standard payment term of 14 days after the invoice date, but may deviate from this in individual cases, such as in the case of an advance payment.
- Gift cards cannot be exchanged for money.
- Payment must be made without any appeal to suspension or set-off, all this insofar as the law does not preclude this for the benefit of the Consumer.
- Biker Outfit is entitled to make the invoice due to the Customer available to him exclusively by e-mail.
- If the Customer liquidates or transfers his company to a third party, is in a state of bankruptcy, has applied for a (provisional) suspension of payments, any attachment has been levied on his goods, as well as in the event that the Customer is otherwise unable to freely dispose of his assets. available, the claims against the Customer are immediately due and payable.
- If payment is not made on time, the Client's default will take effect by operation of law. From the day on which the Client is in default, the Client owes interest of 2% per month on the outstanding amount, whereby part of a month is regarded as a full month. Contrary to the previous sentence, instead of the contractual interest referred to there, the statutory interest applicable at the time of the payment default applies if the Customer is a Consumer.
- All reasonable costs, such as judicial, extrajudicial and execution costs, incurred to obtain the amounts owed by the Client, will be borne by the Client.
ARTICLE 12. | LIABILITY
- The Customer bears the damage caused by inaccuracies or incompleteness in the information provided by him, any other shortcoming in the fulfillment of the Customer's obligations arising from the law or the Agreement, as well as any other circumstance that cannot be attributed to Biker Outfit. are attributed. Damage resulting from a circumstance as referred to above does not offer the Customer any claim to compensation or any other compensation towards Biker Outfit.
- Biker Outfit is never liable for damage caused as a result of incorrect use of the Products or as a result of another cause as referred to in Article 8.8
- Biker Outfit is never liable for indirect damage, including loss suffered, lost profit and damage as a result of business interruption.
- Should Biker Outfit be liable for any damage, Biker Outfit has the right to repair this damage at all times. The Customer must give Biker Outfit the opportunity to do so, failing which any liability of Biker Outfit in this respect will lapse.
- Biker Outfit's liability is limited to repair or replacement of the Products to which Biker Outfit's liability relates, all this only if and insofar as Biker Outfit is obliged to do so under warranty or a claim based on non-conformity as referred to in Article 8. If repair or replacement is not possible, Biker Outfit's liability is limited to a maximum of the invoice value of the Agreement, or at least that part of the Agreement to which Biker Outfit's liability relates.
- Without prejudice to the expiry periods as referred to in Article 8, the limitation period for all legal claims against Biker Outfit is one year. Contrary to the previous sentence, legal claims accruing to Consumers that are based on facts that would justify the statement that a consumer purchase does not comply with the Agreement, expire after two years.
- In the case of a consumer purchase, the restrictions of this article do not extend beyond what is permitted under article 7:24 paragraph 2 of the Dutch Civil Code.
- The liability limitations from these general terms and conditions do not apply if the damage is caused by intent or deliberate recklessness on the part of Biker Outfit or its management staff.
ARTICLE 13. | GENERAL COMPLAINT POLICY
- Complaints submitted to Biker Outfit will be answered within a period of 14 days after receipt. If a complaint requires a longer processing time, an answer will be given within the period of 14 days with a confirmation of receipt and an indication of when the Customer can expect a more detailed answer.
- If the complaint cannot be resolved in mutual consultation in the context of a Distance Agreement, the Consumer can submit the dispute to the disputes committee via the ODR platform (ec.europa.eu/consumers/odr/).
ARTICLE 14. | RETENTION OF TITLE
- All Products delivered by Biker Outfit to the Customer remain its property until the Customer has properly fulfilled all its payment obligations under the relevant Agreement.
- The Customer is prohibited from selling, pledging or encumbering in any other way the Products subject to retention of title.
- The Customer is obliged to keep the Products delivered under retention of title with due care and as recognizable property of Biker Outfit.
- If third parties seize the Products subject to Biker Outfit's retention of title, or wish to establish or enforce rights thereon, the Customer is obliged to inform Biker Outfit of this as soon as possible.
- In the event of violation of the provisions of this article, the amount owed by the Customer to Biker Outfit will become immediately due and payable in full.
- The Customer gives unconditional permission to Biker Outfit or third parties designated by Biker Outfit to enter all those places where the Products subject to retention of title are located. The Customer must provide Biker Outfit with all information on first request in order to be able to exercise its property rights. All reasonable costs associated with the exercise of the ownership rights of Biker Outfit are for the account of the Customer.
- If the Customer has fulfilled its obligations after the Products have been delivered to it by Biker Outfit, the retention of title with regard to these Products will revive if the Customer fails to fulfill its obligations under an Agreement concluded later.
ARTICLE 15. | FINAL PROVISIONS
- Biker Outfit is entitled to change these general terms and conditions. In such a case, the Customer will be notified of this, whereby the amended general terms and conditions will be provided to him and after which they will apply. In the case of a Consumer, amended general terms and conditions do not apply to an Agreement that has already been concluded if and insofar as the amendments are to his detriment.
- Dutch law applies exclusively to each Agreement and all legal relationships arising therefrom between the Parties.
- The parties will not appeal to the courts until they have made every effort to settle the dispute in mutual consultation.
- Only the competent court within the district of the District Court of Amsterdam will be appointed in the first instance to take cognizance of any legal disputes between the Parties, without prejudice to the right of Biker Outfit to designate another competent court according to the law. However, a Consumer is entitled to choose the competent court according to the law within one month after Biker Outfit has announced In Writing that it wishes to litigate with the court designated by it.
- If these general terms and conditions are available in several languages, the Dutch version thereof is always decisive for the interpretation of the stipulations contained therein.
Last update: 2023, 7 January