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Terms and Conditions
Article 1 Definitions
In our general terms and conditions, the terms used below are used in the following meaning, unless expressly stated otherwise.
Bikeaccess, is part of Digital Graphic Service
Business address: Geerberg 43, 4708GG, Roosendaal, Netherlands
Telephone: 0165 569298, available Monday to Friday from 10:30 am to 4:00 pm
E-mail address: [email protected]
Chamber of Commerce number: Breda 20034421
VAT no.: NL0012 6044 7B06
- Consumer: an other party who is a natural person and does not act in the exercise of a business or profession,
- Agreement: the agreement between Bikeaccess and the consumer,
- Consumer purchase: the purchase and sale agreement with regard to items, which is concluded by Bikeaccess, who acts in the exercise of a business and a consumer, a natural person, who does not act in the exercise of a profession or business.
Article 2 General
These conditions apply to every offer, quotation and agreement between Bikeacces and a consumer to which Bikeacces has declared these conditions applicable, insofar as the parties have not expressly deviated from these conditions in writing.
The present terms and conditions also apply to agreements with Bikeacces, for which third parties must be involved for the implementation. Any deviations from these general terms and conditions are only valid if they have been expressly agreed in writing.
Article 3 Offers and quotations
All offers and quotations are without obligation and are made in any written form, unless Bikeacces decides not to make a written offer for practical, urgent or other reasons. The offer provides a date or date, or can be determined by date. The offers are based on the prices applicable at the time of conclusion of the agreement, while supplies last.
Bikeaccess cannot be held to its offers if the consumer, in terms of reasonableness and fairness and generally accepted views in society, should have understood that the offer or quotation or part thereof contains an obvious mistake or error.
Offers do not automatically apply to repeat orders.
Article 4 Conclusion of the agreement
The agreement is concluded after accepting our delivery conditions and completing our ordering procedure in its entirety.
Article 5 Delivery
Unless otherwise agreed, delivery takes place ex factory or warehouse.
The consumer is obliged to accept the purchased items at the time they are made available to him or are handed over to him. Upon delivery of our products, the consumer must immediately check them for any transport damage. The moment the consumer signs for receipt with the driver, this is confirmation that the products have been delivered in good condition.
Bikeacces can no longer claim any damage that the consumer discovers at a later date from the carrier, and the consumer can then no longer exchange or return the products. If there is any transport damage and the consumer has reported this immediately to the driver and to Bikeaccess, a quick exchange of the product will be ensured.
If the consumer refuses to take delivery or is negligent in providing information or instructions necessary for delivery, the items intended for delivery will be stored at the risk and expense of the consumer. In that case, the consumer will owe all additional costs.
The costs for packaging and shipping for the Netherlands are a fixed amount of €7.50. For cash on delivery shipments (which are only available for the Netherlands), an additional €10 will be charged. Shipping and COD costs cannot be claimed upon return.
If delivery is made cash on delivery, cash on delivery costs will be charged. If the order is not accepted, shipping costs plus the costs of cash on delivery will be charged.
If Bikeaccesses requires data from the consumer in the context of the execution of the agreement, the delivery time starts after the consumer has made it available to Bikeaccesses.
Products in stock are in principle sent by Bikeaccess immediately after payment. In exceptional cases, delivery time can take up to 4 working days. If the delivery time exceeds 6 working days, the customer will be notified by e-mail. If the customer cancels the purchase after this deadline, Bikeaccess will immediately refund the payment made. If Bikeaccesses has specified a delivery period, this is indicative. A specified delivery time is therefore never a strict deadline. Depending on the delivery situation on the market, Bikeaccesses reserves the right to suspend delivery.n the event of a short delivery (with a shortage or defect) by BIKEACCES, this must be reported within 1 day after delivery and if necessary, subsequent delivery will be made after investigation. The shipping costs will always be charged to the buyer.Remark! Items delivered upon special request are marked as such and cannot be returned.The shipping costs will always be charged to the buyer.
Remark! Items delivered upon special request are marked as such and cannot be returned.
Article 6 Warranty
The warranty period for new BIKEACCES products is two years, starting from the date of purchase, or, if the product is not delivered immediately on the date of purchase, the date of delivery of the product. The warranty only applies to the original owner of the product. Furthermore, the warranty only applies if an original proof of purchase can be presented. Bikeaccess guarantees that the goods to be delivered meet the usual requirements and standards that can be imposed on them for private use and are free from any defects.
If repair or replacement is not possible or cannot reasonably be expected from BIKEACCES, BIKEACCES reserves the right to reimburse the market value of the submitted product.
If a part is replaced within the warranty period of the product, the original warranty period of the product also remains in force on this part. The original warranty period is therefore not extended or renewed by interim replacement. If a defect occurs, this must be notified in writing to BIKEACCES within one month of its discovery.
There is no warranty claim and any warranty becomes void if the defect is the result of:
a) repair work not carried out by BIKEACCES;
b) professional and improper use, i.e. use for a purpose other than that for which the product is intended;
c) changes to the product that have been made without the permission of BIKEACCES;
d) the use of non-original BIKEACCES parts;
e) normal wear and tear and/or poor maintenance;
f) external influences, such as the effect of moisture (perspiration, condensation or otherwise).
Excluded from warranty:
a) warping of delivered products for whatever reason.
b) color differences on the top and bottom plate in models made of so-called concrete plywood.
c) splinters/damage to the top and bottom plate on models made of so-called concrete plywood.
d) articles from the so-called Do It Yourself sets.
Also no warranty applies with regard to damage to the product that occurred during transport of the product.
Warranty procedure
Please contact your point of sale first. The warranty conditions and delivery conditions differ per country.
If after examination it appears that the product is defective, please send the defective product together with a copy of the proof of purchase to your point of sale in consultation with BIKEACCES. The determination of whether a defect in a product is covered by the warranty rests solely with BIKEACCES.
If the product is under warranty, it will in principle be repaired or replaced free of charge within 30 days of receipt.
The shipping costs to BIKEACCES or a BIKEACCES sales point are borne by the buyer.
Article 7 Retention of title
Bikeaccess remains full owner of the delivered item until the entire purchase price has been paid in full.
Article 8 Research, complaints
The consumer is obliged to inspect the delivered goods at the time of delivery, but in any case within as short a period as possible. The consumer should investigate whether the quality and quantity of the delivered goods correspond with what was agreed, or at least meet the requirements that apply in normal (trade) traffic.
Any visible defects must be reported in writing to Bikeacces within three days of delivery, with simultaneous presentation of the warranty certificate and the defective item, unless this is impossible or unreasonably onerous.
The consumer must report an invisible defect to Bikeacces within eight days of discovery, but no later than within the warranty period, taking into account the provisions of the previous paragraph of this article. After the warranty period has expired, all liability of Bikeaccess expires.
If a complaint is made in a timely manner as a result of the previous paragraph, the consumer remains obliged to purchase and pay for the purchased items. If the consumer wishes to return defective items, this will be done with the prior written permission of Bikeacces and in the manner indicated by Bikeacces.
Article 9 Transfer of risk
The risk of loss or damage to the products that are the subject of the agreement is transferred to the consumer ex works/wholesale, as referred to under Article 5.
Article 10 Payment
Unless otherwise agreed, payment must be made prior to delivery. If otherwise stated, the price excludes shipping costs and includes bank charges.
In the event of bankruptcy, suspension of payment or guardianship, the claims of Bikeacces and the obligations of the consumer towards Bikeacces are immediately due and payable.
Article 11 Collection costs
If the consumer is in default or fails to fulfill one or more of his obligations, all reasonable costs incurred to obtain payment out of court will be borne by the consumer. In any case, the consumer is liable for collection costs in the event of a monetary claim. The collection costs are calculated in accordance with the collection rate as advised by the Dutch Bar Association in collection cases. In addition, interest is charged on the amount due based on the 3 monthly European interest rates + 4% on an annual basis.
If Bikeaccess demonstrates that it has incurred higher costs that were reasonably necessary, these are also eligible for reimbursement.
Article 12 Indemnities
The consumer indemnifies Bikeacces against claims from third parties regarding intellectual property rights to materials or data provided by the consumer, which are used in the execution of the agreement.
If the consumer provides Bikeaccesses with information carriers, electronic files or software, etc., the consumer guarantees that this does not infringe the property or copyright of third parties, and that the information carriers, electronic files or software are free of viruses and defects.
Article 13 Intellectual property and copyrights
Without prejudice to the other provisions of these general terms and conditions, Bikeacces reserves the rights and powers vested in Bikeacces under copyright.
The consumer is not permitted to make changes to the goods, unless otherwise agreed in writing.
Any designs, sketches, drawings, films, software and other materials or (electronic) files created by Bikeacces in the context of the assignment remain the property of Bikeacces, regardless of whether they have been made available to the consumer or to third parties. unless otherwise agreed. It is therefore prohibited to copy, distribute, modify or offer the content of this website to third parties for use. Our website also contains copyright of third parties. Even if not stated, all trademarks on our website are registered.
All documents provided by Bikeaccess, such as designs, sketches, drawings, films, software, (electronic) files, the layout of our website, etc., are exclusively intended for use by the consumer and may not be used by him without may be reproduced, made public or brought to the attention of third parties without the prior consent of Bikeaccesses, unless the nature of the documents provided dictates otherwise.
Bikeaccess reserves the right to use any knowledge acquired through the performance of the work for other purposes, provided that no confidential information is disclosed to third parties.
Article 14 Liability
If goods delivered by Bikeacces are defective, Bikeacces’ liability towards consumers is limited to what is arranged in these terms and conditions under sales “Guarantees”. The amount of liability is limited to the value of the delivered goods.
If the manufacturer of a defective item is liable for consequential damage, Bikeacces’ liability is limited to repair or replacement of the item or reimbursement of the purchase price.
Without prejudice to the above, Bikeacces is not liable if the damage is due to intent and/or gross negligence and/or culpable actions, or improper or improper use by the consumer.
Article 15 Force majeure
The parties are not obliged to fulfill any obligation if they are prevented from doing so as a result of a circumstance that is not attributable to their fault, and which is not their responsibility under the law, a legal act or prevailing business views.
In these general terms and conditions, force majeure means, in addition to what is understood in law and case law, all external causes, foreseen or unforeseen, over which Bikeacces has no influence, but as a result of which Bikeacces is unable to fulfill its obligations.
Bikeacces also has the right to invoke force majeure if the circumstance that prevents (further) compliance occurs after Bikeacces should have fulfilled its obligation.
Parties may suspend the obligations under the agreement during the period that the force majeure continues. If this period lasts longer than two months, either party is entitled to terminate the agreement, without obligation to compensate the other party for damages.
To the extent that, at the time of force majeure, Bikeacces has already partially fulfilled its obligations under the agreement or will be able to fulfill them, and independent value is attributed to the part already fulfilled or to be fulfilled, Bikeacces is entitled to charge the part already fulfilled or to be fulfilled. to be invoiced separately. The consumer is obliged to pay this invoice as if it were a separate agreement.
Article 16 Other stipulations
Bikeaccess will make every effort to ensure that you, as a customer, are satisfied with our service. You have the right to return all products ordered from Bikeaccesses within 30 days of delivery. We will then send you the price you paid by return. (provided the products have not been used). The packaging and transport costs cannot be returned. The products must be delivered ready for transport and in a clean condition. If you are a private individual, i.e. you have not ordered products from us under a VAT number, please inform us as soon as possible, but no later than 30 days after delivery of the materials. Bikeaccess charges collection costs of 10 euros per product within the Netherlands. If you want to return products yourself, please contact us first.
Article 17 Internet service
We reserve the right to change items, adjust prices and also make technical changes. The platform services offered by us can be used by the customer free of charge, but we are free to terminate or change them at any time without prior notice. This cannot result in claims due to loss suffered, claims for replacement or punitive claims. We reserve the right to collect, process and store user data and use it for internal purposes. We are entitled to forward customer data to parties involved in the sales process of the materials or to third parties and authorities, if this is required by law. Continue when the user wants. We undertake not to use customer data for descriptions other than those referred to in this paragraph.
Article 18 Disputes
The judge in the registered office of Bikeacces has exclusive jurisdiction to hear disputes, unless the subdistrict court has jurisdiction. Nevertheless, Bikeaccesses has the right to submit the dispute to the competent court according to the law.
Article 19 Applicable law
Dutch law applies to every agreement between Bikeacces and the consumer in the Dutch language and in a Dutch court. The Vienna Sales Convention is expressly excluded.
Article 20 Changes and location of the conditions
The most recently posted version or the version that applied at the time the agreement was concluded always applies.
Article 21 Right of withdrawal
For products:
1. The consumer can terminate an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige him to state his reason(s).
2. The cooling-off period referred to in paragraph 1 commences on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for multiple products with different delivery times.
3. 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, has received the last shipment or part.
4. In the case of agreements 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.
6. The consumer can terminate a service agreement and an agreement for the supply of digital content that has not been delivered on a tangible medium for at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige him to state his reason(s).
7. The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement. Extended cooling-off period for products, services and digital content that are not delivered on a tangible medium if you do not inform yourself about the right of withdrawal.
8. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period will expire twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.
9. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original reflection period, the reflection period will expire 14 days after the day on which the consumer received that information.
Article 22 Obligations of the consumer during the reflection period
1.During the reflection period, the consumer will handle the product and packaging with care. 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 in a store.
2. The consumer is only liable for any reduction in value of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the time of concluding the agreement.
Article 23 Exercise of the right of withdrawal by the consumer and costs thereof
1. If the consumer exercises his right of withdrawal, he must report this to the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case complied with the return period if he returns the product before the cooling-off period has expired.
3. The consumer returns the product with all supplied accessories in the original condition and packaging and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer bears the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs for return.
a. the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement in the event of withdrawal or the model form for withdrawal, or the consumer has not expressly requested the start of the performance of the service or delivery of gas, water, electricity or district heating during the reflection period.
6. The consumer shall not bear any costs for the full or partial delivery of digital content not delivered on a tangible medium, if:
a. prior to its delivery, he has not expressly agreed to commence performance of the agreement before the end of the cooling-off period;
b.he has not acknowledged that he loses his right of withdrawal when granting his consent; or
c. the entrepreneur has failed to confirm this statement from the consumer.
7. If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.
Article 24 Obligations of the entrepreneur in the event of withdrawal
1. If the entrepreneur enables the notification of withdrawal by the consumer electronically, he will immediately send a confirmation of receipt after receiving this notification.
2. The entrepreneur uses the same payment method that the consumer used for reimbursement, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
3. 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 25 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 before concluding the agreement:
1. Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period
2. Agreements concluded during a public auction. A public auction is defined as a sales method in which products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or has the opportunity to be personally present at the auction, under the supervision of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
3.Service agreements, after full performance of the service, but only if the performance has started with the express prior consent of the consumer and
4. the consumer has stated that he loses his right of withdrawal as soon as the entrepreneur has fully executed the agreement.
Terms and Conditions
Article 1 Definitions
In our general terms and conditions, the terms used below are used in the following meaning, unless expressly stated otherwise.
Bikeaccess, is part of Digital Graphic Service
Business address: Geerberg 43, 4708GG, Roosendaal, Netherlands
Telephone: 0165 569298, available Monday to Friday from 10:30 am to 4:00 pm
E-mail address: [email protected]
Chamber of Commerce number: Breda 20034421
VAT no.: NL0012 6044 7B06
- Consumer: an other party who is a natural person and does not act in the exercise of a business or profession,
- Agreement: the agreement between Bikeaccess and the consumer,
- Consumer purchase: the purchase and sale agreement with regard to items, which is concluded by Bikeaccess, who acts in the exercise of a business and a consumer, a natural person, who does not act in the exercise of a profession or business.
Article 2 General
These conditions apply to every offer, quotation and agreement between Bikeacces and a consumer to which Bikeacces has declared these conditions applicable, insofar as the parties have not expressly deviated from these conditions in writing.
The present terms and conditions also apply to agreements with Bikeacces, for which third parties must be involved for the implementation. Any deviations from these general terms and conditions are only valid if they have been expressly agreed in writing.
Article 3 Offers and quotations
All offers and quotations are without obligation and are made in any written form, unless Bikeacces decides not to make a written offer for practical, urgent or other reasons. The offer provides a date or date, or can be determined by date. The offers are based on the prices applicable at the time of conclusion of the agreement, while supplies last.
Bikeaccess cannot be held to its offers if the consumer, in terms of reasonableness and fairness and generally accepted views in society, should have understood that the offer or quotation or part thereof contains an obvious mistake or error.
Offers do not automatically apply to repeat orders.
Article 4 Conclusion of the agreement
The agreement is concluded after accepting our delivery conditions and completing our ordering procedure in its entirety.
Article 5 Delivery
Unless otherwise agreed, delivery takes place ex factory or warehouse.
The consumer is obliged to accept the purchased items at the time they are made available to him or are handed over to him. Upon delivery of our products, the consumer must immediately check them for any transport damage. The moment the consumer signs for receipt with the driver, this is confirmation that the products have been delivered in good condition.
Bikeacces can no longer claim any damage that the consumer discovers at a later date from the carrier, and the consumer can then no longer exchange or return the products. If there is any transport damage and the consumer has reported this immediately to the driver and to Bikeaccess, a quick exchange of the product will be ensured.
If the consumer refuses to take delivery or is negligent in providing information or instructions necessary for delivery, the items intended for delivery will be stored at the risk and expense of the consumer. In that case, the consumer will owe all additional costs.
The costs for packaging and shipping for the Netherlands are a fixed amount of €7.50. For cash on delivery shipments (which are only available for the Netherlands), an additional €10 will be charged. Shipping and COD costs cannot be claimed upon return.
If delivery is made cash on delivery, cash on delivery costs will be charged. If the order is not accepted, shipping costs plus the costs of cash on delivery will be charged.
If Bikeaccesses requires data from the consumer in the context of the execution of the agreement, the delivery time starts after the consumer has made it available to Bikeaccesses.
Products in stock are in principle sent by Bikeaccess immediately after payment. In exceptional cases, delivery time can take up to 4 working days. If the delivery time exceeds 6 working days, the customer will be notified by e-mail. If the customer cancels the purchase after this deadline, Bikeaccess will immediately refund the payment made. If Bikeaccesses has specified a delivery period, this is indicative. A specified delivery time is therefore never a strict deadline. Depending on the delivery situation on the market, Bikeaccesses reserves the right to suspend delivery.n the event of a short delivery (with a shortage or defect) by BIKEACCES, this must be reported within 1 day after delivery and if necessary, subsequent delivery will be made after investigation. The shipping costs will always be charged to the buyer.Remark! Items delivered upon special request are marked as such and cannot be returned.The shipping costs will always be charged to the buyer.
Remark! Items delivered upon special request are marked as such and cannot be returned.
Article 6 Warranty
The warranty period for new BIKEACCES products is two years, starting from the date of purchase, or, if the product is not delivered immediately on the date of purchase, the date of delivery of the product. The warranty only applies to the original owner of the product. Furthermore, the warranty only applies if an original proof of purchase can be presented. Bikeaccess guarantees that the goods to be delivered meet the usual requirements and standards that can be imposed on them for private use and are free from any defects.
If repair or replacement is not possible or cannot reasonably be expected from BIKEACCES, BIKEACCES reserves the right to reimburse the market value of the submitted product.
If a part is replaced within the warranty period of the product, the original warranty period of the product also remains in force on this part. The original warranty period is therefore not extended or renewed by interim replacement. If a defect occurs, this must be notified in writing to BIKEACCES within one month of its discovery.
There is no warranty claim and any warranty becomes void if the defect is the result of:
a) repair work not carried out by BIKEACCES;
b) professional and improper use, i.e. use for a purpose other than that for which the product is intended;
c) changes to the product that have been made without the permission of BIKEACCES;
d) the use of non-original BIKEACCES parts;
e) normal wear and tear and/or poor maintenance;
f) external influences, such as the effect of moisture (perspiration, condensation or otherwise).
Excluded from warranty:
a) warping of delivered products for whatever reason.
b) color differences on the top and bottom plate in models made of so-called concrete plywood.
c) splinters/damage to the top and bottom plate on models made of so-called concrete plywood.
d) articles from the so-called Do It Yourself sets.
Also no warranty applies with regard to damage to the product that occurred during transport of the product.
Warranty procedure
Please contact your point of sale first. The warranty conditions and delivery conditions differ per country.
If after examination it appears that the product is defective, please send the defective product together with a copy of the proof of purchase to your point of sale in consultation with BIKEACCES. The determination of whether a defect in a product is covered by the warranty rests solely with BIKEACCES.
If the product is under warranty, it will in principle be repaired or replaced free of charge within 30 days of receipt.
The shipping costs to BIKEACCES or a BIKEACCES sales point are borne by the buyer.
Article 7 Retention of title
Bikeaccess remains full owner of the delivered item until the entire purchase price has been paid in full.
Article 8 Research, complaints
The consumer is obliged to inspect the delivered goods at the time of delivery, but in any case within as short a period as possible. The consumer should investigate whether the quality and quantity of the delivered goods correspond with what was agreed, or at least meet the requirements that apply in normal (trade) traffic.
Any visible defects must be reported in writing to Bikeacces within three days of delivery, with simultaneous presentation of the warranty certificate and the defective item, unless this is impossible or unreasonably onerous.
The consumer must report an invisible defect to Bikeacces within eight days of discovery, but no later than within the warranty period, taking into account the provisions of the previous paragraph of this article. After the warranty period has expired, all liability of Bikeaccess expires.
If a complaint is made in a timely manner as a result of the previous paragraph, the consumer remains obliged to purchase and pay for the purchased items. If the consumer wishes to return defective items, this will be done with the prior written permission of Bikeacces and in the manner indicated by Bikeacces.
Article 9 Transfer of risk
The risk of loss or damage to the products that are the subject of the agreement is transferred to the consumer ex works/wholesale, as referred to under Article 5.
Article 10 Payment
Unless otherwise agreed, payment must be made prior to delivery. If otherwise stated, the price excludes shipping costs and includes bank charges.
In the event of bankruptcy, suspension of payment or guardianship, the claims of Bikeacces and the obligations of the consumer towards Bikeacces are immediately due and payable.
Article 11 Collection costs
If the consumer is in default or fails to fulfill one or more of his obligations, all reasonable costs incurred to obtain payment out of court will be borne by the consumer. In any case, the consumer is liable for collection costs in the event of a monetary claim. The collection costs are calculated in accordance with the collection rate as advised by the Dutch Bar Association in collection cases. In addition, interest is charged on the amount due based on the 3 monthly European interest rates + 4% on an annual basis.
If Bikeaccess demonstrates that it has incurred higher costs that were reasonably necessary, these are also eligible for reimbursement.
Article 12 Indemnities
The consumer indemnifies Bikeacces against claims from third parties regarding intellectual property rights to materials or data provided by the consumer, which are used in the execution of the agreement.
If the consumer provides Bikeaccesses with information carriers, electronic files or software, etc., the consumer guarantees that this does not infringe the property or copyright of third parties, and that the information carriers, electronic files or software are free of viruses and defects.
Article 13 Intellectual property and copyrights
Without prejudice to the other provisions of these general terms and conditions, Bikeacces reserves the rights and powers vested in Bikeacces under copyright.
The consumer is not permitted to make changes to the goods, unless otherwise agreed in writing.
Any designs, sketches, drawings, films, software and other materials or (electronic) files created by Bikeacces in the context of the assignment remain the property of Bikeacces, regardless of whether they have been made available to the consumer or to third parties. unless otherwise agreed. It is therefore prohibited to copy, distribute, modify or offer the content of this website to third parties for use. Our website also contains copyright of third parties. Even if not stated, all trademarks on our website are registered.
All documents provided by Bikeaccess, such as designs, sketches, drawings, films, software, (electronic) files, the layout of our website, etc., are exclusively intended for use by the consumer and may not be used by him without may be reproduced, made public or brought to the attention of third parties without the prior consent of Bikeaccesses, unless the nature of the documents provided dictates otherwise.
Bikeaccess reserves the right to use any knowledge acquired through the performance of the work for other purposes, provided that no confidential information is disclosed to third parties.
Article 14 Liability
If goods delivered by Bikeacces are defective, Bikeacces’ liability towards consumers is limited to what is arranged in these terms and conditions under sales “Guarantees”. The amount of liability is limited to the value of the delivered goods.
If the manufacturer of a defective item is liable for consequential damage, Bikeacces’ liability is limited to repair or replacement of the item or reimbursement of the purchase price.
Without prejudice to the above, Bikeacces is not liable if the damage is due to intent and/or gross negligence and/or culpable actions, or improper or improper use by the consumer.
Article 15 Force majeure
The parties are not obliged to fulfill any obligation if they are prevented from doing so as a result of a circumstance that is not attributable to their fault, and which is not their responsibility under the law, a legal act or prevailing business views.
In these general terms and conditions, force majeure means, in addition to what is understood in law and case law, all external causes, foreseen or unforeseen, over which Bikeacces has no influence, but as a result of which Bikeacces is unable to fulfill its obligations.
Bikeacces also has the right to invoke force majeure if the circumstance that prevents (further) compliance occurs after Bikeacces should have fulfilled its obligation.
Parties may suspend the obligations under the agreement during the period that the force majeure continues. If this period lasts longer than two months, either party is entitled to terminate the agreement, without obligation to compensate the other party for damages.
To the extent that, at the time of force majeure, Bikeacces has already partially fulfilled its obligations under the agreement or will be able to fulfill them, and independent value is attributed to the part already fulfilled or to be fulfilled, Bikeacces is entitled to charge the part already fulfilled or to be fulfilled. to be invoiced separately. The consumer is obliged to pay this invoice as if it were a separate agreement.
Article 16 Other stipulations
Bikeaccess will make every effort to ensure that you, as a customer, are satisfied with our service. You have the right to return all products ordered from Bikeaccesses within 30 days of delivery. We will then send you the price you paid by return. (provided the products have not been used). The packaging and transport costs cannot be returned. The products must be delivered ready for transport and in a clean condition. If you are a private individual, i.e. you have not ordered products from us under a VAT number, please inform us as soon as possible, but no later than 30 days after delivery of the materials. Bikeaccess charges collection costs of 10 euros per product within the Netherlands. If you want to return products yourself, please contact us first.
Article 17 Internet service
We reserve the right to change items, adjust prices and also make technical changes. The platform services offered by us can be used by the customer free of charge, but we are free to terminate or change them at any time without prior notice. This cannot result in claims due to loss suffered, claims for replacement or punitive claims. We reserve the right to collect, process and store user data and use it for internal purposes. We are entitled to forward customer data to parties involved in the sales process of the materials or to third parties and authorities, if this is required by law. Continue when the user wants. We undertake not to use customer data for descriptions other than those referred to in this paragraph.
Article 18 Disputes
The judge in the registered office of Bikeacces has exclusive jurisdiction to hear disputes, unless the subdistrict court has jurisdiction. Nevertheless, Bikeaccesses has the right to submit the dispute to the competent court according to the law.
Article 19 Applicable law
Dutch law applies to every agreement between Bikeacces and the consumer in the Dutch language and in a Dutch court. The Vienna Sales Convention is expressly excluded.
Article 20 Changes and location of the conditions
The most recently posted version or the version that applied at the time the agreement was concluded always applies.
Article 21 Right of withdrawal
For products:
1. The consumer can terminate an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige him to state his reason(s).
2. The cooling-off period referred to in paragraph 1 commences on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for multiple products with different delivery times.
3. 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, has received the last shipment or part.
4. In the case of agreements 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.
6. The consumer can terminate a service agreement and an agreement for the supply of digital content that has not been delivered on a tangible medium for at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige him to state his reason(s).
7. The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement. Extended cooling-off period for products, services and digital content that are not delivered on a tangible medium if you do not inform yourself about the right of withdrawal.
8. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period will expire twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.
9. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original reflection period, the reflection period will expire 14 days after the day on which the consumer received that information.
Article 22 Obligations of the consumer during the reflection period
1.During the reflection period, the consumer will handle the product and packaging with care. 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 in a store.
2. The consumer is only liable for any reduction in value of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the time of concluding the agreement.
Article 23 Exercise of the right of withdrawal by the consumer and costs thereof
1. If the consumer exercises his right of withdrawal, he must report this to the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case complied with the return period if he returns the product before the cooling-off period has expired.
3. The consumer returns the product with all supplied accessories in the original condition and packaging and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer bears the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs for return.
a. the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement in the event of withdrawal or the model form for withdrawal, or the consumer has not expressly requested the start of the performance of the service or delivery of gas, water, electricity or district heating during the reflection period.
6. The consumer shall not bear any costs for the full or partial delivery of digital content not delivered on a tangible medium, if:
a. prior to its delivery, he has not expressly agreed to commence performance of the agreement before the end of the cooling-off period;
b.he has not acknowledged that he loses his right of withdrawal when granting his consent; or
c. the entrepreneur has failed to confirm this statement from the consumer.
7. If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.
Article 24 Obligations of the entrepreneur in the event of withdrawal
1. If the entrepreneur enables the notification of withdrawal by the consumer electronically, he will immediately send a confirmation of receipt after receiving this notification.
2. The entrepreneur uses the same payment method that the consumer used for reimbursement, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
3. 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 25 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 before concluding the agreement:
1. Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period
2. Agreements concluded during a public auction. A public auction is defined as a sales method in which products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or has the opportunity to be personally present at the auction, under the supervision of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
3.Service agreements, after full performance of the service, but only if the performance has started with the express prior consent of the consumer and
4. the consumer has stated that he loses his right of withdrawal as soon as the entrepreneur has fully executed the agreement.