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Terms and Conditions
Article 1. Definitions
1.1. E-Bike Parts: is registered at the Chamber of Commerce under file number 09017426.
1.2. Customer: the natural person who does not act in the exercise of a profession or business and who enters into an agreement with E-Bike-Parts.
1.3. By "General Terms and Conditions" is meant: the whole of the provisions as listed below.
Article 2. Applicability / implementation
2.1. These General Terms and Conditions apply to all offers, agreements and deliveries of E-Bike-Parts, unless explicitly agreed otherwise in writing.
2.2. If the Client includes provisions or conditions in its order that deviate from, or do not appear in, these conditions, these are only binding for E-Bike-Parts if and insofar as they have been explicitly accepted in writing by E-Bike-Parts.
Article 3. Offers
3.1. Offers from E-Bike Parts are valid for the period indicated on the website.
Article 4. Prices
4.1. All prices include sales tax and other taxes imposed by the government.
4.2. All prices on the website are subject to typing errors.
4.3. Delivery costs are calculated for each transaction. This is clearly communicated to the Client during the ordering process on the website.
Article 5. Agreement / delivery time
5.1. If the Customer has accepted the offer electronically, E-Bike-Parts will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the Client has the option to terminate the agreement.
5.2. As soon as payment has been received by E-Bike-Parts, E-Bike-Parts will send the products as soon as possible.
5.3. Customer has the right to terminate the distance agreement with E-Bike-Parts within 14 working days after receipt of the product, without giving reasons. The direct costs for returning the product are for the account of the Customer.
5.4. E-Bike-Parts advises the customer to inspect the delivered goods immediately upon receipt and to report any defects found in writing or by e-mail within a reasonable time. See for this: Article 11 Advertising.
5.5. E-Bike-Parts is never liable for any damage, including theft or loss, that arises when the packaging or the product is returned.
5.6. If products are not in stock and a delivery time of 7 working days after receipt of payment is not feasible, E-Bike-Parts will contact you.
5.7. The delivery time will be a maximum of 30 days. If the delivery time lasts longer than 30 days, any payments made will be refunded to the Client as soon as possible, but no later than within 14 days after termination. The possibility of dissolving the agreement concluded with E-Bike-Parts if the agreed delivery period is exceeded does not apply to Customers acting in the exercise of a profession or business.
5.8. As soon as the products to be delivered have been delivered to the specified delivery address, the risk with regard to these products is transferred to the Customer.
Article 6. Retention of title
6.1. As long as the customer has not made a full payment over the entire agreed amount, all delivered goods remain the property of E-Bike-Parts.
Article 7. Payment conditions
7.1. Customer must make the payments to E-Bike-Parts according to the methods given in the ordering procedure on the Website.
7.2. The amounts (still) owed by the Customer must be paid within 14 days after delivery of the product.
7.3. In the event of late payment, in addition to the amount owed and the interest thereon, the Client is obliged to fully reimburse both extrajudicial and judicial collection costs, including the costs for lawyers, bailiffs and collection agencies.
7.4. The claim for payment is immediately due and payable if the customer is declared bankrupt, applies for a suspension of payment or if the customer's assets are seized in full, the customer dies and furthermore, if this goes into liquidation or is dissolved.
7.5. In the above cases, E-Bike-Parts also has the right to terminate or suspend the agreement or the part thereof that has not yet been executed without notice of default or judicial intervention, without prejudice to the right of E-Bike-Parts to claim compensation for any damage caused to him by this may arise.
Article 8. Liability
8.1. This liability provision only applies to natural or legal persons who act in the exercise of a profession or business and enter into an agreement with E-Bike-Parts.
8.2. The total liability of E-Bike-Parts towards the customer due to imputable failure to fulfill the agreement is limited to compensation for direct damage to a maximum of the amount stipulated for that agreement.
8.3. Liability of E-Bike-Parts towards the customer for indirect damage, including consequential damage, lost profit, lost savings, loss of data and damage due to business interruption, is excluded.
8.4. Apart from the cases referred to in Article 8.2, E-Bike-Parts is not liable to the customer for any compensation whatsoever, irrespective of the ground on which an action for compensation would be based. However, the maximum amounts referred to in Article 8.2 will lapse if and insofar as the damage is the result of intent or gross negligence on the part of E-Bike-Parts.
8.5. The liability of E-Bike-Parts towards the customer due to imputable shortcoming in the fulfillment of an agreement arises only if the customer immediately and properly declares E-Bike-Parts in default in writing, thereby stipulating a reasonable period of time to clear the shortcoming, and E- Even after that period Bike-Parts is accountable for failing to meet its obligations. The notice of default must contain as detailed a description as possible of the shortcoming, so that E-Bike-Parts is able to respond adequately.
8.6. A condition for the existence of any right to compensation is always that the customer reports the damage in writing to E-Bike-Parts as soon as possible (within 30 days) after its occurrence.
8.7. Customer indemnifies E-Bike-Parts against all claims from third parties.
Article 9. Force majeure
9.1. In the event of force majeure, E-Bike-Parts is not obliged to pay compensation for the damage caused to the customer.
Article 10. Warranty
10.1. The customer has the rights with regard to the guarantee as included in Book 7, title 1 of the Dutch Civil Code.
11.1. If the delivered product does not comply with the agreement, then the customer must inform E-Bike Parts within a period of two months after discovery thereof. If that does not happen, then all claims with regard to E-Bike Parts will lapse.
11.2. If E-Bike-Parts considers the complaint to be justified, the relevant products will be repaired, replaced or reimbursed after consultation with the customer.
11.3. The maximum reimbursement is equal to the price paid by the customer for the product.
12. Final provisions
12.1. Dutch law applies to the agreement.
12.2. Insofar as the rules of mandatory law do not prescribe otherwise, all disputes that may arise under the Agreement will be submitted to the competent court.
12.3. Partial invalidity: If a provision in these General Terms and Conditions turns out to be invalid, this does not affect the validity of the entire General Terms and Conditions. The parties will replace (a) new provision (s), which give shape to the intention of the original General Terms and Conditions as much as possible in law. Contact details If, after reading our Terms and Conditions, you have complaints or comments about these Terms and Conditions, please feel free to contact us in writing or by e-mail.
Hengeveld Bike Center
7121 CR Aalten
Chamber of Commerce no. 09017426