- Identity of the entrepreneur
- The collection
- The agreement
- Retention of title and right of retention
- Right of withdrawal
- Obligations of the consumer during the cooling-off period
- Exercising the right of withdrawal by the consumer and costs thereof
- Obligations of the entrepreneur in case of withdrawal
- Exclusion of right of withdrawal
- The price
- Compliance and additional warranty
- Delivery and execution
- Complaints regulation
- Additional or deviating provisions
- Modification of the General Terms and Conditions
Article 1 - Definitions
In these conditions:
- Additional agreement : an agreement whereby the consumer acquires an article and / or articles, digital content and / or services in connection with a distance contract or in the physical store of entrepreneur and this article and / or articles, digital content and / or services. are delivered by the entrepreneur or by a third party on the basis of an agreement between the third party and the entrepreneur;
- Cooling-off 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;
- Digital content : data produced and delivered in digital form;
- Durable data carrier : every tool - including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him in person in a way that future consultation or use during a period that is geared to the goal. for which the information is intended, and which allows unaltered reproduction of the stored information;
- Right of withdrawal : the possibility for the consumer to cancel the distance contract within the cooling-off period;
- Entrepreneur : the natural or legal person that offers products, (access to) digital content and / or services to consumers at a distance;
- Distance contract : an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and / or services, whereby up to and including the conclusion of the agreement exclusively or partly used becomes one or more techniques for distance communication;
- Article and / or articles : all articles related to this branch (including digital content and / or services), insofar as they are sold by the entrepreneur;
- Technology for distance communication : means that can be used for concluding an agreement, without the consumer and entrepreneur having to be in the same room at the same time.
Article 2 - Identity of the entrepreneur
- Name of the entrepreneur: Biker Outfit BV. Acting under the name / names: Biker Outfit
- Business address: Netwerkweg 33 - 1033 MV in Amsterdam
- Phone number: 020 - 493 03 67
- Tuesday to Friday from 10 am to 7 pm (Thursday evening till 9 pm)
- Saturday from 10 am to 6 pm
- Sunday from noon to 5 p.m.
- Email address: email@example.com
- Chamber of Commerce number: 70265925
- VAT number: NL858224446B01
Article 3 - Applicability
- These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract that has been concluded between the entrepreneur and the consumer.
- 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, the entrepreneur before the distance contract is concluded, indicate how the general terms and conditions at the entrepreneur can be seen and that they will be sent free of charge as soon as possible at the request of the consumer.
- If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available electronically to the consumer in such a way that the consumer can a simple way can be 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 consulted electronically and that at the request of the consumer they will be sent free of charge by electronic means or otherwise.
- 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 invoke the applicable provision that is most favorable to him. .
Article 4 - The products
- If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
- The offer contains a complete and accurate description of the offered products, digital content and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true reflection of the offered products, services and / or digital content. Obvious mistakes or errors in the offer do not bind the entrepreneur.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.
- The information on the website and in the store is regularly updated and changed, without prior notice. Entrepreneur reserves the right in case of inaccurate and / or incomplete data to adjust this data and / or to correct errors in the product range.
- For information and rates about the items offered by the entrepreneur in the webshop and in the shop, there is a reservation of programming and typing errors as well as human errors. No agreement can be claimed from the entrepreneur on the basis of such errors.
Article 5 - The contract
- The agreement is, subject to the provisions of paragraph 4, concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the corresponding conditions.
- If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
- If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
- The entrepreneur can within statutory frameworks - inform 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 the entrepreneur based on this investigation has good reasons not to enter into the agreement, he is entitled to refuse an order or request, motivated or to attach special conditions to the execution.
- At the latest upon delivery of the product, the service or digital content, the entrepreneur shall 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 business location of the entrepreneur where the consumer can go with complaints;
- the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- the information about guarantees and existing service after purchase;
- the price including all taxes of the product, service or digital content; insofar as applicable, the costs of delivery; and the method of payment, delivery or execution of the distance contract.
Article 6 - Quotes
- Offers, unless otherwise stated in the offer or otherwise agreed, have a validity of two weeks from the date of receipt.
- If during this period a price increase of an article and / or articles, digital content and / or services is implemented by the supplier, the quotation will be canceled immediately.
Article 7 - Exchange
- Unless agreed otherwise, the consumer is entitled to exchange the purchased article and / or articles, provided that the following conditions are met:
- exchange takes place within 14 days (or if otherwise agreed: within the agreed term) after purchase of the purchased article and / or articles on presentation of the original receipt or invoice;
- the item and / or articles are returned with the original packaging and have not yet been worn or have been used in any other way and provided with all labels;
- The provisions of paragraph 1 do not apply to discounted articles. Also, no exchange can take place of an article and / or articles, digital content and / or services that are individualized, ie specially tailored or otherwise adapted for the consumer, and for articles that are made by the entrepreneur at the explicit request of the consumer. ordered.
Article 8 - Retention of title and right of retention
- Entrepreneur can reserve ownership of all items delivered by him. The consumer only becomes the owner of the purchased article and / or articles, digital content and / or services if he has fully paid the purchase price and any additional amount due to the entrepreneur.
- The entrepreneur may exercise the right of retention if the consumer fails to pay a due and payable obligation, unless the shortcoming does not justify this retention.
Article 9 - Right of withdrawal
- The consumer can terminate an agreement regarding the purchase of a product during a cooling off period of 14 days without giving any reason. The trader may ask the consumer about the reason for the withdrawal, but not to oblige him to state his reason (s).
- 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. The entrepreneur may, provided he has informed the consumer in a clear manner prior to the ordering process, refuse an order of several products with a different delivery time.
- 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, received the last shipment or the last part;
- in 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.
For services and digital content that is not delivered on a tangible medium:
- The consumer can terminate a service agreement and an agreement for delivery of digital content that has not been delivered on a tangible medium for 14 days without giving any reason. The trader may ask the consumer about the reason for the withdrawal, but not to oblige him to state his reason (s).
- The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement.
Article 10 - Obligations of the consumer during the cooling-off period
- During the reflection period, the consumer will handle the product and packaging carefully. 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.
- The consumer is only liable for the value reduction of the product that is the result of a way of handling the product that goes further than allowed in paragraph 1.
Article 11 - Exercise of the right of withdrawal by the consumer and costs thereof
- If the consumer makes use of his right of withdrawal, he will report this to the entrepreneur unambiguously within the cooling-off period.
- As quickly as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or hands it over to (an authorized representative of) the entrepreneur on presentation of the original receipt or invoice.
- This is not necessary if the entrepreneur has offered to collect the product himself. In any case, the consumer has complied with the return period if he returns the product before the cooling-off period has expired.
- The consumer returns the product with all accessories, if reasonably possible in its original state and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
- The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
- The consumer bears the direct costs and risk of returning the article and / or articles. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates to bear the costs himself, the consumer does not have to bear the costs for return.
- If the consumer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.
Article 12 - Obligations of the entrepreneur in case of withdrawal
- If the entrepreneur makes the notification of withdrawal by the consumer electronically possible, he will send an acknowledgment of receipt immediately after receipt of this notification.
- The trader will reimburse all payments from the consumer, excluding any delivery costs for returning the article and / or articles, within 14 days following the day on which the article and / or articles are returned by the entrepreneur. Unless the entrepreneur offers to collect the product himself, he may wait to pay back until he has received the product or until the consumer demonstrates that he has returned the product, whichever comes first.
- The entrepreneur uses the same payment method that the consumer has used for reimbursement, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.
- If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.
Article 13 - Exclusion of right of withdrawal
The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement:
- Products or services whose price is subject to fluctuations on the financial market on which the entrepreneur has no influence and which can occur within the withdrawal period
- Service contracts, after full execution of the service, but only if:
- the execution has begun with the explicit prior consent of the consumer; and
- the consumer has declared that he will lose his right of withdrawal as soon as the entrepreneur has fully executed the agreement;
- 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;
- Products that spoil quickly or have a limited shelf life;
- Sealed products which for reasons of health protection or hygiene are not suitable to be returned and of which the seal has been broken after delivery;
- Products that are irrevocably mixed with other products by their nature after delivery;
- Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
- The delivery of digital content other than on a tangible medium, but only if:
- the execution has begun with the explicit prior consent of the consumer; and
- the consumer has stated that he thereby loses his right of withdrawal.
Article 14 - The price
- During the period mentioned in the offer, the prices of the offered products and / or services will not be increased, except for price changes as a result of changes in VAT rates and price increases by the supplier.
- After purchase, the consumer can not claim a (temporary) price reduction of article and / or articles, digital content and / or services.
- The prices mentioned in the offer of products or services include VAT.
Article 15 - Compliance agreement and additional warranty
- The entrepreneur guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and / or usability and the legal provisions existing on the date of the conclusion of the agreement. or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
- An additional guarantee provided by the trader, its supplier, manufacturer or importer never limits the legal rights and claims that the consumer can enforce against the trader under the agreement if the trader has failed to fulfill his part of the agreement.
- An additional guarantee is understood to mean every obligation of the entrepreneur, its supplier, importer or producer in which it assigns to the consumer certain rights or claims that go beyond what is legally required in the event that it has failed to fulfill its part of the agreement. .
- In the end, the consumer is always responsible for the use and any consequences resulting from the use of articles and / or articles, digital content and / or services. Entrepreneur can never be held liable by the consumer for the properties and functioning of article and / or articles, digital content and / or services.
- However, the entrepreneur is not responsible for defects and consequential damage arising after the delivery of the article and / or articles as a result of improper use or lack of care, or which are the result of changes or repairs that the consumer or third parties delivered the delivered.
- Articles and / or articles, digital content and / or services that are offered to the entrepreneur for guarantee research must be handed over and collected in the shop. Or to be sent to the entrepreneur and / or to be sent back to the consumer at the risk and expense of the consumer.
Article 16 - Delivery and execution
- The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
- The place of delivery is the address that the consumer has made known to the entrepreneur.
- With due observance of what has been stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but at the latest within 30 days, unless another delivery period has been agreed. If the delivery is delayed, or if an order can not or only partially be executed, the consumer will receive notification of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the contract without any costs.
- If an article and / or articles, digital content and / or services are not available from the supplier, the consumer can not claim delivery.
- After dissolution in accordance with the previous paragraph, the entrepreneur will immediately repay the amount that the consumer has paid.
- The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and the entrepreneur announced representative, unless expressly agreed otherwise.
- Force majeure means any shortcoming that the entrepreneur can not be held accountable for. Allocations do not take place if the shortcoming is not due to his fault, nor is it due to the law, legal act or generally accepted opinion.
- The consumer is informed of the force majeure in writing as soon as possible by the entrepreneur, unless the address of the consumer has not been made known to the entrepreneur, nor can it reasonably be known.
- Exceeding a delivery date or other matters arising from force majeure never gives the consumer the right to any compensation to the entrepreneur.
Article 17 - Payment
- Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the commencement date, or in the absence of a cooling off period within 14 days after the conclusion of the agreement. In case of an agreement to provide a service, this period starts on the day after the consumer has received the confirmation of the agreement.
- When selling products to consumers, the consumer may never be obliged to pay in advance more than 50% in general terms and conditions. If payment in advance is stipulated, the consumer can not assert any rights regarding the execution of the order or service (s), before the stipulated advance payment has taken place.
- If a purchase price is paid in full, the entrepreneur will provide the consumer with a receipt and proof of ownership. In the event of a missing written agreement and / or receipt / proof of ownership, the amount of the prepaid amount, the prepaid amount and / or the ownership by the parties can be proven by legal means.
- The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
- If the consumer does not fulfill his payment obligation (s) on time, after he has been informed by the trader of the late payment and the trader has given the consumer a period of 14 days to still fulfill his payment obligations, after the consumer has failure to pay within this 14-day period, the legal interest owed on the amount due and the entrepreneur is entitled to charge the extrajudicial collection costs he has incurred. These collection costs amount to a maximum of: 15% over outstanding amounts up to € 2,500, -; 10% over the next € 2,500 and 5% over the next € 5,000 with a minimum of € 40. The entrepreneur may deviate from the aforementioned amounts and percentages for the benefit of the consumer.
- Pay later / payment via invoice: in cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you payment via invoice as payment method (in the Netherlands and Germany). The payment period is 14 days from shipment of the goods or tickets/ availability date of the service. Payment is to be made to Klarna. Please be aware that invoice is only available for consumers and that the use requires a positive credit assessment. The complete terms and conditions you can find here. The online shop charges a fee of €0,- for invoice purchases. Klarna reviews and evaluates the data you provided and in case of legitimate interest performs a data exchange with other companies and credit rating agencies. Your personal data will be processed in accordance with applicable data protection law as described in Klarnas privacy statement.
Article 18 - Complaints procedure
- The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
- Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
- The consumer must give the entrepreneur at least 4 weeks time to resolve the complaint in mutual consultation. After this period, a dispute arises that is susceptible to the dispute resolution.
Article 19 - Disputes
- Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law.
- All disputes arising from offers and agreements, however named, will be subject to the judgment of the civil court that is competent in the place of business of the entrepreneur unless legal provisions oppose this.
Article 20 - Additional or different provisions
- Additional provisions or deviating from these terms and 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 medium.
- Individual deviations, including additions or extensions of these conditions, are only valid if they are recorded in writing between the trader and the consumer, for example by means of a checkout or order form, or if this is demonstrably made public in the shop .
Article 21 - Modification of the General Terms and Conditions
- Entrepreneur expressly reserves the right to supplement and / or change the General Terms & Conditions at any time.
- If one or more provisions of the General Terms & Conditions are void or voidable, this will not affect the validity of the other provisions.