Terms and conditions
These general conditions were last modified on 10-03-2021.
You will find our general conditions of purchase below. These apply when you use or place an order on our website and contain important information for you as a buyer.
Article 1: Definitions
- Cheapassbikes B.V., whose head office is located at Mastwijkerdijk 108c 3417 BT Montfoort, chamber of commerce number 77157338, is designated as seller in these general conditions;
- The buying party is referred to as the buyer in these general conditions;
- The parties in this agreement are the seller and the buyer;
- The contract refers to the purchase contract between the parties.
Article 2: Applicability of the general conditions
- These terms and conditions apply to all quotes, offers, agreements and deliveries of services or goods by or on behalf of the seller.
- A deviation of these terms and conditions is only possible if both parties specifically agree to different terms in writing.
- In the event that specific product or service conditions apply in addition to these general conditions, these conditions also apply, but in the event of conflicting conditions, the buyer may invoke the applicable provision, which is most favorable to him.
Article 3: Payment
- The full purchase price is always paid immediately in the store via a payment method selected by the buyer. If a means of payment is used in which a legal agreement is made with the buyer without the intervention of the seller, the seller is not liable for any legal action arising therefrom.
- If the buyer does not pay on time, he is in default. If the buyer remains in default, the seller is entitled to suspend the obligations until the buyer has fulfilled his payment obligations.
- If the buyer remains in default, the seller will proceed with the collection of the debt. The costs related to this collection will be borne by the buyer. These recovery costs are calculated on the basis of the decree on compensation for extrajudicial recovery costs.
- In the event of liquidation, bankruptcy, seizure or suspension of payment by the buyer, the seller’s claims against the buyer are immediately due and payable.
- If the buyer refuses to cooperate with the execution of the order by the seller, he is still obliged to pay the agreed price to the seller.
- The Seller may, within the legal frameworks, inquire about the Buyer’s ability to meet his payment obligations, but also about all the facts and factors important for a responsible conclusion of the Contract. If, on the basis of this investigation, the seller has good reasons not to enter into the Contract, he is entitled to refuse an order or request, with reasons, or to attach special conditions, such as prepayment, to execution.
Article 4: Offers, quotes and prices
- Offers are non-binding, unless a condition of acceptance is indicated in the offer. If the offer is not accepted within this period, the offer will lapse.
- The delivery times indicated on the estimate are given as an indication and do not give the right to the dissolution or to the compensation of the purchaser in the event of overrun, unless the parties have expressly agreed otherwise in writing.
- Offers and quotes do not automatically apply to repeat orders. The parties must agree explicitly and in writing.
- The price indicated on offers, quotes and invoices includes the purchase price, including VAT due and other government levies.
Article 5: Registration
- In order to optimize the use of the website, the buyer can register through the registration form / account login options on the website.
- During this registration procedure, the buyer chooses a user name and a password with which the buyer can connect to the site after registration. The buyer is responsible for choosing a sufficiently reliable password.
- The buyer must keep his username and password strictly confidential. The seller is not responsible for the misuse of login data and can always assume that the buyer is in fact the buyer. If anything is done through the buyer’s account, it is the buyer’s responsibility and risk.
- If the buyer knows or suspects that the login information is in the hands of unauthorized persons, the buyer must change the password as soon as possible and / or notify the seller.
Article 6: Right of withdrawal
- The consumer has the right to withdraw from the contract within 14 days after receiving the order without giving any reason (right of withdrawal). The period begins from the moment the (entire) order is received by the consumer.
- The Buyer may terminate the Contract in accordance with point 1 of the term defined in this article by sending an e-mail to [email protected], or by informing the seller in another unequivocal manner that the buyer waives the right of purchase. In case of a digital report, the seller will confirm receipt of this report.
- The return costs will be borne by the buyer and amount to 35 euros postage per delivery. If these charges are higher than the normal delivery rate, the seller will provide an estimate of these charges.
- The consumer can use a withdrawal form from the seller. The seller is obliged to make it available to the buyer upon the buyers request.
- Within the withdrawal period referred to in paragraph 1, the buyer will treat the product with the greatest care. The buyer will only use the product to the extent necessary to verify the nature, characteristics and functioning of the products.
- The Buyer is responsible for the depreciation of the product resulting from a way of treating the product, which goes beyond what is permitted in the previous paragraph.
Article 7: Refunds
- Amounts already paid (in advance) by the buyer will be refunded to the buyer as soon as possible, but no later than 10 working days after dissolution of the contract, in the same way that the buyer paid for the order.
- The seller can only pay refunds upon presentation of a receipt clearly indicating the work performed, the costs incurred and the date.
- The seller will wait with the refund until the product has been received in warehouse and has been checked for faults by the seller.
Article 8: Amendments to the agreement
- If the buyer has accepted the offer electronically, the seller will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the buyer has the option to withdraw from the contract.
- If, during the execution of the agreement, it appears that for a good performance of the assignment, it is necessary to modify or supplement the work to be carried out, the parties will adjust the agreement accordingly in due time and in mutual consultation.
- If the parties agree that the agreement will be amended or supplemented, the time of completion of the performance may be affected. The seller will inform the buyer as soon as possible.
- If the modification or addition to the contract has financial and / or qualitative consequences, the seller will inform the buyer in writing in advance.
- If the parties have agreed on a fixed price, the seller will indicate to what extent the modification or addition to the contract will result in this price being exceeded.
- Contrary to the provisions of the third paragraph of this article, the seller cannot charge additional costs if the change or addition results from circumstances which can be attributed to him.
- The seller has the right to deliver a similar product of similar quality to the product ordered, if the product ordered is no longer available. In this case, the buyer is entitled to withdraw from the contract free of charge and to return the product free of charge.
Article 9: Delivery and transfer of risk
- Upon receipt of the purchased item by the buyer, risk is transferred from seller to buyer.
Article 10: Research, complaints
- The buyer is obliged to inspect the delivered goods at the time of delivery, but in any event as soon as possible. In doing so, the buyer must check whether the quality and quantity of the delivered goods correspond to what the parties have agreed, or at least whether the quality and quantity meet the requirements applicable to them in normal (commercial) traffic.
- Complaints regarding damage, shortages or loss of the delivered goods must be made in writing by the buyer to the seller within 5 working days from the day of delivery of the goods.
- If the complaint is declared justified within the specified period, the seller has the right to repair or re-deliver, or to cancel the delivery and send the buyer a credit note for this part of the purchase price.
- Minor and / or usual deviations and differences in quality, quantity, size or finishes cannot be opposed to the seller.
- Complaints concerning a particular product have no influence on other products or parts belonging to the same contract.
Article 11: Delivery
- The delivery time is in principle 2 working days. The method of delivery can take place in various ways and is at the discretion of the seller.
- The seller only delivers to the buyer’s home once after ordering. If the buyer is not at home, the order will be returned and the purchase amount will be refunded minus the return costs of € 35 euros.
- Koper is verplicht de zaken af te nemen op het moment dat verkoper deze bij hem aflevert of doet afleveren, dan wel op het moment waarop deze zaken hem volgens de overeenkomst ter beschikking worden gesteld.
- If the buyer refuses to take delivery or is negligent in providing information or instructions that are necessary for the delivery, the seller is entitled to store the item at the expense and risk of the buyer.
- If the goods are delivered, the seller is entitled to charge any delivery costs.
- If the seller needs information from the buyer for the execution of the agreement, of the delivery time after the buyer has made this information available to the seller.
- A delivery period stated by the seller is indicative. This is never a deadline. When transferring the term, the buyer must give the seller written notice of default.
- The seller is entitled to deliver the goods in parts, unless the parties have agreed otherwise in writing or if partial delivery has no independent value in the future. The seller is entitled to invoice these parts separately upon delivery in parts.
Article 12: Force majeure
- If the seller cannot, not on time or not properly fulfill his obligations under the agreement due to force majeure, he is not liable for damage suffered by the buyer.
- By force majeure, the parties designate in any event any circumstance that the seller could not take into account at the time of the conclusion of the contract and due to which the normal performance of the contract cannot reasonably be expected by the buyer, such as disease, war or danger of war, civil war and riots, molestation, sabotage, terrorism, power failure, flood, earthquake, fire, occupation of the company, strikes, exclusion of workers, modification of government measures, transport difficulties, and other disturbances in the seller’s business.
- In addition, the parties understand by force majeure the circumstance that the supplier companies on which the seller depends for the performance of the contract do not fulfill the contractual obligations towards the seller, unless the seller can be blamed.
- If a situation as mentioned above arises due to which the seller is unable to fulfill his obligations towards the buyer, these obligations will be suspended as long as the seller cannot fulfill his obligations. If the situation mentioned in the previous sentence has lasted for 30 calendar days, the parties have the right to dissolve the agreement in writing in whole or in part.
- If the force majeure event lasts for more than three months, the buyer has the right to terminate the contract with immediate effect. Dissolution is only possible by registered letter.
Article 13: Transfer of rights
- The rights of one party under this agreement are not transferable without the prior written consent of the other party. This provision applies as a clause having the effect of property law as referred to in article 3:83, second paragraph, of the Dutch Civil Code.
Article 14: Retention of title and right of retention
- The goods present at the seller and the goods and parts delivered remain the property of the seller until the buyer has paid the full price agreed. Until then, the seller can invoke his retention of title and take back the goods.
- If the agreed amounts to be paid in advance are not paid or are not paid on time, the seller has the right to suspend the work until the agreed part has been paid. There is then default of a creditor. In this case, a late delivery cannot be opposed to the seller.
- The seller is not authorized to pledge or otherwise encumber the goods under retention of title.
- The seller undertakes to insure the goods under retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to allow police inspection on first demand.
- If the goods have not yet been delivered, but the advance payment or the agreed price has not been paid in accordance with the agreement, the seller has the right of retention. In this case, the item will not be delivered until the buyer has paid in full and in accordance with the agreement.
- In the event of liquidation, insolvency or suspension of payment of the purchaser, the obligations of the purchaser are immediately due and payable.
Article 15: Liability
- Any liability for damage resulting from or in connection with the performance of a contract is always limited to the amount paid in the case concerned by the civil liability insurance policy (s) taken out. This amount is increased by the amount of the deductible according to the policy concerned.
- The seller’s liability for damages resulting from intentional or willful recklessness on the part of the seller or his managerial subordinates is not excluded.
Article 16: Obligation to complain
- The buyer is obliged to notify the seller in writing as soon as possible and during the warranty period of any complaints concerning the work carried out and the product. The complaint contains as detailed a description of the deficiency as possible, so that the seller is able to respond adequately.
- If a complaint is justified, the seller is obliged to repair the goods and replace them if necessary.
- The Buyer can also file a complaint via the European Dispute Resolution Platform, accessible via https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
- The seller will give the buyer a response to his complaint as soon as possible, but in any case within2 working days after receipt of the complaint. If it is not yet possible to provide a substantial or final response, the seller will confirm within 2 working days of receipt of the complaint and give an indication of the time limit within which he intends to provide a substantial or final response to the complaint of the buyer.
Article 17: Guarantees
- If warranties are included in the agreement, the following applies. The seller guarantees that the item sold conforms to the agreement, that it will function without defects and that it is suitable for the use he intends to make of it. This warranty applies for a period of 1 month after receipt of the items sold by the buyer.
- The purpose of the guarantee referred to is to create such a risk distribution between seller and buyer that the consequences of a breach of a warranty are always entirely at the expense and risk of the seller and that the seller can never invoke a breach of a warranty. article 6:75 BW. The determination in the previous sentence also applies if the infringement was known to the buyer or could have been known by conducting an investigation.
- The aforementioned warranty does not apply if the defect has arisen as a result of improper use or if – without authorization – the purchaser or third parties have made modifications or attempted to manufacture or use the item or purchased for purposes for which it was not intended.
- If the warranty provided by the seller relates to an item produced by a third party, the warranty is limited to the warranty provided by that producer.
Article 18: Applicable law and competent rights
- Any agreement between the parties is exclusively governed by Dutch law.
- The Dutch court of the district where Cheapassbikes B.V. is established is exclusively authorized to take cognizance of any dispute between the parties, unless otherwise provided by law.
- The applicability of the Vienna Sales Convention is excluded.
- If one or more provisions of these general conditions are deemed excessively onerous in the context of legal proceedings, the other provisions will remain in full force.
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