General Terms and Conditions Bike@Home
Offer: an offer by Bike@Home for the purchase of a product which includes the necessary information as set out clause 3.4 of these general terms and conditions;
Bike@Home: the company that sells parts and accessories called Bicycle Solutions B.V., a limited liability company, incorporated under the laws of the Netherlands and acting under the tradename Bike@Home, registered in the Trade Register of the Chamber of Commerce in the Netherlands under the registration number: 52430235;
Cooling-off period: the 14-day period after receipt of the product during which the Customer can exercise their Right of Withdrawal;
Right of Withdrawal: the right of the Customer to withdraw from the Distance Agreement within the Cooling-off period;
Customer: the natural person, not acting in the exercise of a profession or as a business, with whom Bike@Home enters into a Distance Agreement;
Standard form for withdrawal: the European standard form for withdrawal, included in Annex 1 of these general terms and conditions;
Distance Agreement: any agreement concluded between Bike@Home and the Customer whereby one or more distance communication techniques (e.g. placing an order through the Website) are used exclusively, including to enter into the agreement;
Website: the Bike@Home website; www.bikeathome.com.
2.1 These general terms and conditions apply to each Offer and Distance Agreement, onto which Bike@Home has declared these conditions to be applicable, as far as parties have not explicitly deviated from these general terms and conditions in writing.
2.2 Before any Distance Agreement is concluded, the content of these general terms and conditions shall be made available to the Customer. If this is not reasonably possible, Bike@Home shall, before the Distance Agreement is concluded, indicate the way in which the general terms and conditions can be accessed electronically, and that they will be sent to the Customer at their request, free of charge.
2.3 If the Distance Agreement is concluded electronically, prior to the Distance Agreement being concluded, the text of these general terms and conditions shall be made available electronically to the Customer, in such a way that the Customer can easily store them on a durable medium. If this is not reasonably possible, prior to the conclusion of the Distance Agreement, Bike@Home will indicate where the general terms and conditions can be accessed electronically. These general terms and conditions will be provided to the Customer at their request, electronically or otherwise, free of charge.
2.4 If a situation that is not stipulated in these general terms and conditions occurs between the parties, then this situation must be judged in the spirit of these general terms and conditions.
2.5 Any delay or failure by Bike@Home in exercising its rights under these general terms and conditions does not mean that the relevant provisions are not applicable, or that Bike@Home in any degree would lose the right to require strict compliance of these general terms and conditions in other cases.
2.6 If specific product conditions are also applicable besides these general terms and conditions then clauses 2.2 and 2.3 shall apply to the relevant specific product conditions.
3. Quotations and Offer
3.1 All Offers by Bike@Home are without obligation unless a period of acceptance is included in the Offer. An Offer expires if a product to which the Offer relates has become unavailable prior to the acceptance of the Offer by the Customer.
3.2 Bike@Home cannot be held to its Offers if the Customer can reasonably understand that the Offers, or a part of them, contain an apparent error or typographical error.
3.3 Each Offer includes the necessary information regarding the Customer’s rights and obligations with respect to the acceptance of the Offer. This concerns in particular:
3.3.1 the price, including taxes,
3.3.2 the possible delivery fees,
3.3.3 the way the Distance Agreement will be concluded and which actions are required related to it,
3.3.4 whether or not the Right of Withdrawal is applicable,
3.3.5 the payment method,
3.3.6 delivery and execution of the Distance Agreement,
3.3.7 the period of acceptance of the Offer, or the period within which Bike@Home guarantees the price,
3.3.8 the amount of the rate for distance communication if the costs of using distance communication techniques are calculated on a different basis than the regular base rate for the used method of communication (e.g. additional charges associated with mobile phone text messaging or similar services),
3.3.9 whether the Distance Agreement is archived after it is concluded, and if so, which way it can be accessed by the Customer and the way in which the Customer, prior to concluding the Distance Agreement, can check the information provided and, if required, can amend it.
3.4 If the acceptance (whether based on minor items or not) deviates from the quotation included in the Offer, Bike@Home shall not be bound to it. The Distance Agreement will then not be concluded in accordance with said deviating acceptance unless Bike@Home indicates otherwise.
3.5 All statements by Bike@Home regarding numbers, measurements, weights, colours and/or other indications are formulated carefully. However, Bike@Home cannot guarantee that deviations will not occur in this respect. Errors, such as pricing errors on the Website, in advertisements, Offers, quotations, publications, order confirmations, invoices and other documents from Bike@Home, do not bind Bike@Home. Said specifications, as well as models or drawings shown, are non-binding indications of the relevant items.
3.6 All Products, prices and other information included on the Website, including brochures, are without obligation and do not constitute an Offer to conclude a Distance Agreement.
4. The Distance Agreement
4.1 Subject to the provisions of clause 4.3, the Distance Agreement is concluded at the time the Customer accepts the Offer and complies with the conditions of the Offer set by Bike@Home.
4.2 If the Customer has accepted the Offer electronically, Bike@Home shall immediately and electronically confirm receipt of the acceptance of the Offer.
4.3 If the Customer accepts the Offer, Bike@Home is entitled to nevertheless revoke the Offer within 3 working days of its acceptance. Bike@Home informs the Customer immediately of such a revocation.
4.4 If the Distance Agreement is concluded electronically, Bike@Home will take appropriate technical and organisational measures to securely transfer data electronically and to ensure a secure web environment. If the Customer can pay electronically, Bike@Home shall observe the appropriate security measures.
4.5 Bike@Home may, in accordance with any applicable law, gather information related to the Customer’s ability to fulfil their payment obligations, and all facts and factors relevant to responsibly concluding the Distance Agreement. If, acting on the results of this investigation, Bike@Home has sound reason not to conclude the Distance Agreement, Bike@Home is lawfully entitled to refuse the Customer’s acceptance of an Offer, or to include special terms in the Distance Agreement.
5. The price
5.1 Subject to clause 5.2, the prices of the offered products shall not increase during the period of validity indicated in the Offer, except for price changes resulting from changes in VAT rates.
5.2 Bike@Home may offer products whose prices are subject to the fluctuations in the financial market that are beyond Bike@Home’s control, at variable prices. The Offer will state the possibility of being subject to fluctuations and the fact that any indicated prices are target prices.
6. Delivery, execution and amendment of the Distance Agreement
6.1 The place of delivery is the address the Customer has provided to Bike@Home.
6.2 Delivery periods are only approximate. Bike@Home shall use good effort to deliver the accepted orders on a specified date and shall keep the Customer informed about the delivery period and the actual moment of delivery. If the delivery is seriously or unreasonably delayed, after Bike@Home has informed the Customer about the time of delivery, or if it seems that an order cannot be filled or can only be filled partially, the Customer shall be informed about this no later than 30 days after placing the order. In that case, the Customer has the right to terminate the Distance Agreement.
6.3 In case of termination in accordance with clause 6.2, Bike@Home shall (if applicable) return the amount paid by the customer as soon as possible, but not later than 30 days after termination of the Distance Agreement.
6.4 If delivery of an ordered product cannot be fulfilled, Bike@Home will make every effort to provide a replacement item. At the latest at time of delivery and in a clear and comprehensible manner, the Customer will be informed that a replacement item will be delivered. In case of replacement items, the Right of Withdrawal is not excluded. Costs of possible return shipments shall be borne by Bike@Home.
6.5 The day and time of delivery depend on the delivery schedule of the carrier.
6.7 The risk of damage and/or loss of products rests with Bike@Home until the moment of delivery to the Customer or a pre-designated representative made known by Customer to Bike@Home, unless expressly agreed otherwise.
6.8 Bike@Home has the right to have certain activities carried out by a third party, including but not limited to transport and assembly of products.
6.9 If, during the execution of the Distance Agreement, it appears that for a proper execution of the Distance Agreement it is necessary to modify or supplement it, then the parties will proceed to amend the Distance Agreement in a timely manner and in good faith. If the nature, scope or content of the Distance Agreement is amended in any material way, whether at the request of or indication by the Customer or a competent authority (such as an importing authority or government regulator), it could have consequences for what was originally agreed upon. As a result, the originally agreed amount may be increased or decreased. Bike@Home shall provide a price quotation for this as far in advance as possible. An amendment of the Distance Agreement may also result in the amendment of the specified term of execution. The Customer accepts the possibility of an amendment to the Distance Agreement, including the change in price and period of execution.
7.1 Unless otherwise provided in the Distance Agreement or additional terms and conditions, the outstanding amounts must be settled by the Customer within 14 days of concluding the Distance Agreement.
7.2 It is the Customer’s duty to immediately inform Bike@Home of inaccuracies in the supplied or specified payment information.
7.3 If the Customer does not fulfil their payment obligation(s) in a timely manner, after being notified by Bike@Home that the payment is late and after the Customer is given another 14-day period to fulfil their payment obligation, the Customer shall pay the statutory interest on the amount due and Bike@Home is entitled to charge the Customer with any extra-judicial collection costs.
8. Right of Withdrawal
8.1 The Customer has the possibility to terminate the Distance Agreement related to the purchase of a product during a 14-day Cooling-off period, without stating reasons. Bike@Home may ask the Customer about the reason for withdrawal but the Customer shall not be in any way obliged to state their reason(s). The Cooling-off period starts on the day after the Customer, or a third party designated by the Customer in advance, and who is not the carrier, has received the product or the day that the Distance Agreement is concluded.
8.2 The risk and the burden of proof for the proper and timely exercise of the Right of Withdrawal lies with the Customer.
9.Customer obligations during the Cooling-off period
9.1 During the Cooling-off period as stated in clause 8.1, the Customer shall handle the product and packaging with care. The Customer shall only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The guiding principle is that the Customer may only handle and inspect the product as they would be allowed to handle or inspect the product in a physical store.
9.2 The Customer shall be liable for any decrease in value of the product that is caused by the way of handling the product which goes beyond what is allowed in clause 9.1.
10. Exercising the Customer’s Right of Withdrawal and associated costs
10.1 If the Customer exercises their Right of Withdrawal, he/she shall notify Bike@Home within the Cooling-off period, by means of a standard form for withdrawal (attached as Annex 1) or in another unequivocal manner.
10.2 As soon as possible, but no later than within 14 days from the day following the notification referred to in clause 10.1, the Customer shall send the product and all delivered accessories in their original condition and packaging (if reasonably possible) back to Bike@Home in accordance with the reasonable and clear instructions of Bike@Home.
10.3 If the Customer exercises their Right of Withdrawal, they shall only bear the costs of returning the product. This excludes any amounts that may be charged to the Customer in accordance with clause 9.2.
10.4 If the Customer has paid for the product but exercises its Right of Withdrawal, Bike@Home shall reimburse this amount as soon as possible, but no later than 14 days after the return or withdrawal. The period for reimbursement extends from the day the product has been received in Bike@Home’s warehouse.
11. Exclusion of the Right of Withdrawal
Bike@Home is only allowed to exclude the Customer’s Right of Withdrawal for products that: (a) have been produced in accordance to the specifications of the Customer; and/or (b) cannot be returned due to their nature.
12. Conformity and warranty
12.1 Bike@Home guarantees that the products comply with the Distance Agreement, the specifications listed in the Offer and the applicable law and/or government regulations in place on the date of the conclusion of the Distance Agreement.
12.2 An extra guarantee arrangement offered by Bike@Home, the manufacturer or importer shall never affect the statutory rights that a Consumer can enforce against Bike@Home.
13. Intellectual property
Bike@Home reserves the rights and authorities to which it is entitled under the Copyright Act and other intellectual laws and regulations. Bike@Home has the right to use the increased knowledge acquired through the execution of an agreement for other purposes as well, provided that strictly confidential information of the Customer is not shared with third parties.
14. Data and files, privacy
Bike@Home treats the Customer’s data with confidentiality. Data is not made available to third parties, unless Bike@Home is legally obliged to do so, or if it is required for delivery of the product. To the extent that the information provided by the Customer is considered personal data, Bike@Home observes all relevant privacy laws and regulations while processing this information. The privacy statement on the Website explains which personal data Bike@Home uses for which purposes, and how Bike@Home deals with privacy laws and regulations.
15. Applicable law and disputes
15.1 All legal relationships in which Bike@Home is a party are governed solely by Dutch law, even if the Distance Agreement is executed entirely or partially abroad or if the party involved in the legal relationship resides abroad. This choice of law shall not apply, however, if it results in depriving the Customer of any protection afforded to the Customer by provisions that cannot be derogated from by agreement by virtue of the law which, in the absence of choice, would have been applicable based on statutory provisions. The applicability of the Vienna Sales Convention is excluded. Parties will only go before the courts after they have done their utmost to resolve the dispute in mutual consultation.
15.2 The European Commission provides for an online dispute resolution platform, which the Customer can access in case of any disputes: https://ec.europa.eu/consumers/odr/. Bike@Home prefers to solve your requests in direct contact with you. If you would like to bring a matter to our attention, please contact us.
16. Location and amendments to the general terms and conditions
16.1 These general terms and conditions can be found on and downloaded from the Website. The Customer has declared to have read these general terms and conditions and has confirmed to agree to these general terms and conditions before the Distance Agreement can be concluded.
16.2 Bike@Home has the right to unilaterally amend these general terms and conditions from time to time. The most recent version of these general terms and conditions shall be listed on the Website.