General Delivery Conditions
• We provide 100% warranty on all products. Warranty claims are assessed by supplier or producer.
• Improper or defective delivered products can be exchanged free of charge. You will not pay any shipping costs. However, you must first advance the postage at the post, to avoid expensive shipping method. We pay the costs incurred by you or to you again.
• Products can be exchanged for 14 days. Shipping costs for the return are at your own expense.
• Delivery times may vary widely, despite a constantly rotating stock. Products which are no longer available as soon as possible we try to remove the net, but 100% is not feasible. We will then contact you.
Payment and Delivery
The following conditions apply to all sales and deliveries of goods and provision of services for buyers / customers. Deviation from these conditions shall only apply if confirmed in writing.
Article 1. Definition
In respect of the provisions of these terms and conditions shall mean a two-wheeler:
all types of bicycles, motorcycles and scooters, with or without sidecar.
Article 2. The Agreement
1. All offers and quotations are only indicative.
2. The repair duration, or the duration of the work will be approximate only.
3. The agreed delivery date for sales, repair or other agreements a probable date. All stock indicators are indicative and not legally binding.
By exceeding the probable date in the purchase agreement, the buyer can ask the seller in default in writing.
If the seller three weeks has not been delivered of default, the buyer has the right to terminate the agreement without judicial intervention. The buyer must indicate in a letter that he terminates the contract.
4. All descriptions on final assembly are indicative and possibly subject to change.
4a. Price changes due to for example changes in duties, taxes, duties, factory and / or import prices and / or exchange rates may be passed at any time in the agreed purchase price. The buyer after notification of this amendment the right to terminate the agreement in the event an increase in the price stipulated by the vendor within three months after the conclusion of the agreement. The cancellation must take place within one week after that notification. In that case the seller is entitled to compensation for the costs incurred that are fixed at 2% of the purchase price with a minimum of 68 e.
4b. With agreements other than a sales contract the agreed price is indicative. If the indicative price quoted by more than 20% is or may be exceeded should include the contractor contact with the client to discuss the additional costs. The customer is then entitled to terminate the Agreement under compensate the contractor for the already performed by him.
Article 3. Payment
1. The debts of our buyers / customers to be regarded as debts to us.
2. Unless otherwise expressly agreed, payment must be made in cash upon the delivery of goods, respectively. Immediately after the provision of services.
3. If, despite not being paid in cash and is not explicitly a different time of payment agreed or if it is expressly agreed a different time of payment and payment at the agreed time does not take place, then we are entitled on the amount owed legal interest rate plus 2% to bring annualized fee, to be calculated one month after the agreed date of (cash) payment. Here the remainder of the month from the moment payment should have been considered as a whole month. This increase in the amount owed is considered a prerequisite, including by us deferral has been granted without it the obligation to pay cash or payment by the agreed time lapses.
4. If the buyer / client after the summons fails to pay the amount due, the vendor / repairer is entitled to increase this amount with the collection costs. These collection costs include both judicial and extrajudicial costs. Extrajudicial costs are all costs which the vendor / repairer charged by lawyers, prosecutors, bailiffs and anyone else with whom they serve for the recovery of the amount due. The extrajudicial costs are set at at least 15% of the amount due with a minimum of 68 e.
5. Whatever our lien will us to carry out a repair job with the amount to be charged at least 454 e is, be free to carry to claim a provisional or partial payment, which related to the prepayment parts no more than 50% of the acquisition price will be. The client is entitled to provide security in the form of a bank guarantee or other security acceptable to us.
6. If, after carrying out our assigned tasks and notification to the client the object is not removed within two weeks after the latter date, we are entitled to charge storage costs or storage costs in accordance with existing in our company or on the spot rate.
7. Replaced materials or goods shall only be made available to the client, if expressly requested by the repair job. Otherwise, these materials become our property without the client to any compensation in this respect can claim.
Article 4. Warranty
1a. The technician ensures the proper implementation of the adopted by him or subcontracts in respect of all bicycles, mopeds and scooters and mopeds, with or without sidecar and the materials used for a period of three months, and in respect of all motorcycles and motor scooters, with or without sidecar and the materials used for a period of six months, to be determined in both cases from the time that the bicycle is placed at the disposal of the client. The warranty covers the still properly performing or not improper command performance. Not covered by warranty against wear (eg tires and wheels); secondly resulting defects resulting from improper maintenance such as maintenance not in accordance with requirements of manufacturers. If still to carry out the repair work will not be possible or appropriate, the client is entitled to reasonable compensation.
1bGeen warranty is provided on dedicated noodreparaties.1c. The right to void your warranty if:
1.c.1. The client does not as soon as possible after discovering the defects notify the repairman thereof;
1.c.2. the repairer not be given the opportunity to remedy the defects so;
1.c.3. third party without the knowledge or consent of the repair performed work related to the repair is done by the work done in respect of which a claim under the warranty. However, the warranty does apply if the need for immediate recovery occurred elsewhere and this by the client on the basis of information provided by the repairman and / or can be demonstrated by means of the broken parts. If recovery takes place in the Netherlands, the repairer must also be a member of BOVAG. The above is stated under 1.c.2 and 1.c.3 not apply if repair is necessary abroad. In that case reimbursement of the costs of the restoration on the basis of the price level as it applies in the business of repair. This compensation shall never exceed the actual costs incurred.
2 a. For new bikes and new parts only warranty applies provided by the manufacturer or importer. 2 b. Shipping and handling. transportation costs are not reimbursed. 2 c. If an item does not qualify for warranty, will automatically gone from total loss and the relevant Article will not be returned, but destroyed.
2 b. On used bicycles, other than cycling, is only the BOVAG guarantee for a used motorcycle / scooter / moped apply if the BOVAG warranty for a used motorcycle / scooter / moped is provided. The guarantee also applies if the buyer can prove conclusively otherwise the seller motorcycle / scooter / moped rightly sold BOVAG warranty. If the BOVAG guarantee is demonstrably committed, but however, the proof is not provided wrongly, the seller has the obligation to provide the warranty still immediately. On loosely supplied components used will never be given a guarantee.
3 Under the BOVAG guarantees of paragraphs 1 and 2 of this Article the purchaser / provider commissioned during the agreed warranty period may in any dispute relating to the work performed, or in respect of disputes relating to the agreement of purchase and sale of used bike, but a bike that go with BOVAG guarantee is sold within the meaning of Art. 2.b a written appeal to mediation by the BOVAG Mediation Bureau (PO Box 1100, 3980 DC Bunnik).
4. If the mediation fails referred to in paragraph 3, the buyer / client on the KNMV / BOVAG Dispute Commission, which was set up following the BOVAG guarantees, questions relating to the dispute in issue a binding opinion (p / o PO Box 1100, 3980 DC Bunnik).
5. A place mediation is the choice of the buyer / order giver to have the dispute settled by the ordinary courts not in the way. Once on the Dispute recourses state that choice, however, no longer matter.
6. BOVAG relative to buyer / client guarantee the fulfillment of the given by the Disputes Committee in respect of the members binding advice to a maximum of E 454 per binding advice. An appeal can be made to this pledge after determining that the vendor / contractor provides no redress against assignment of the claim by the buyer / client on the vendor / contractor to BOVAG. The guarantee does not apply if a termination of the agreement is pronounced without compensation. In case of bankruptcy, receivership or business termination of the vendor / contractor, the guarantee only applies if the buyer / customer dispute has been referred to the Disputes Committee before such a situation exists. The guarantee never applies to consequential damages.
7.De legal rights which a buyer has not acting in the course of trade or business for that reason, are not affected by the provisions of these guarantees.
8. For motorcycles or motor scooters (with or without sidecar) not covered by the guarantee defects which arise outside the European Union, unless the buyer demonstrates that such defects have not been caused by the European Union abnormal conditions there (inferior gasoline, inferior roads etc.). In the other two-wheeled vehicles (not being motorfietsenof motor scooters, with or without sidecar), not covered by the guarantee defects which arise outside the Netherlands
Article 5. Retention
The delivered bicycle remains property of the seller until the buyer all amounts under the contract is due not completely fulfilled. As long as the bicycle has not transferred ownership to the buyer, the buyer is obliged to take the necessary statutory insurance in relation to the use of the bicycle. The buyer is also obliged to keep doing the bike delivered on his behalf. The seller will in no indemnity to the purchaser's liability be held as holder of the bike. On the other hand the purchaser shall indemnify the vendor claims that would have allowed a third party to the seller and which may be associated with the retention of title.
Article 6. Sale with purchase
If sales of a new bicycle or other proceedings against purchasing a used bicycle or any other case the buyer pending the submission of the new two-wheeler or other matter, continues to use the old, the latter two wheeler or other property of the seller, the first thing after the actual delivery of it has occurred to the seller. As long as the buyer continues to use the case, it is entirely at his expense and risk.
Article 7. Personal
The personal data of the buyer / customer that are mentioned on this agreement by the vendor / repairer processed within the meaning of the Data Protection Act. Based on this processing, the vendor / repairer can: perform the contract, honor the warranty obligations to the buyer / client, providing optimal service, the buyer / customer provide timely product information and personalized offers. By processing for direct mailing is the potential buyer / customer honored to oppose it at vendor for repair.
CUPERTINO, adopted February 4, 2002