Terms
 

General Terms and Condition for delivery to consumers, d.d. 13 November 2006, nr. 23074066 Chamber of commerce Tiel of Biker's Buy It, De Bazelstraat 4, 4143 GH Leerdam, The Netherlands, hereinafter to be referred to as: user

Article 1 Definitions.
1. In the present general terms and conditions, the following terms are used in the sense given below, unless explicitly indicated otherwise.
  • User: the user of the general terms and conditions;
  • Consumer: an opposite party being a natural person who does not act in the course of a business or in the course of a profession;
  • Agreement: the agreement between the user and the consumer;
  • Consumer purchase: the agreement for sale and purchase concerning a movable thing concluded by a seller acting in the course of a profession or a business, and a consumer being a natural person, who does not act in the course of a profession or business;
  • Order: every task to user.
Article 2 General
1. The present terms and conditions shall apply to each and every offer, tender and agreement between user and a consumer, to which user has declared the present terms and conditions applicable, insofar as parties have not explicitly deviated from the present terms and conditions in writing or in electronic mail.
2. The present terms and conditions shall also apply to agreements with user, the execution of which calls for services of third parties.
3. Possible deviations from the present general terms and conditions shall only be valid provided they have been explicitly agreed upon in writing or in electronic mail.
4. User recognizes electronic communication and will not deny the validity or the legal effect thereof merely because of the fact that the communication is electronic.
5. Insofar these general terms and conditions are in violation or to impair the statutory rights of consumers, user will not invoke on these general terms and conditions.
Article 3 Offers and Tenders
1. All offers and tenders shall be free of obligation and shall be made in one written or electronic form, unless user forgoes a written or electronic offer for practical, urgent or other reasons. The offer shall bear a date, or shall provide the possibility to be determined according to date.
2. User shall only be bound by offers and tenders if the consumer accepts such, preferably in writing or in electronic mail, by filling in the order form. The prices given in an order shall include VAT, unless indicated otherwise.
3. It shall not be possible to bind user to his offer and tenders if the consumer should have understood in accordance with the requirements of reasonableness and fairness and according to the usual criteria in social and economic life that the offer or tender, or part thereof, obviously contains a mistake or an error.
4. If the acceptance deviates (on secondary items) from the offer given, user shall not be bound by it. The agreement shall in such event not be concluded in accordance with said deviating acceptance.
5. A compound quotation shall not oblige user to deliver part of the goods contained in the offer or tender against a corresponding part of the given quotation.
6. Offers and tenders shall not apply automatically to repeat orders.
Article 4 Conclusion of the Agreement
1. The present agreement shall be concluded trough the timely acceptance by the consumer of user's offer or user executes an order.
Article 5 Dissolution of the Agreement
1. The agreement can be dissolved after reciprocal written or electronic approval by user and consumer and to practice Article 6. subsection 7, Article 7. subsection 5 and Article 10. subsection 1 (b).
2. The consumer has a right within 7 (seven) days after receiving the products to dissolve the agreement without giving reasons, unless the concerning products in the relevant communication are expressly excluded from this option. In case of dissolution the consumer shall already now undertake to return the products to user and transfer ownership of it to user. The consumer personally pays the cost of the return shipment, except in the case of a proper appeal to the "money back" guarantee, according to Article 10.
3. In case of dissolution according to Article 5. subsection 1 or subsection 2, user will repay the amounts paid within 14 (fourteen) days after the date of the receipt of the return shipment.
4. To appeal by the consumer on Article 5. subsection 2 and subsection 3, the following conditions have to be valid:
  • The delivered products must have 100% market value. There shall not have been any alteration made to the delivered products. Any documentation, warranty and packing material sent must be enclosed in the return shipping;
  • The return shipment must be within 12 days from the delivery of the products from user.
  • The visor seal on helmets must be intact;
  • All clothing label, including those attached by us, shall be fully intact;
  • All other products shall have any blister sealing intact.
Article 6 Delivery
1. Unless agreed upon otherwise, delivery shall be made at choice of the user.
2. The consumer shall be held to take delivery of the purchased products the moment said products are at his disposal or handed over to him.
3. If the consumer refuses to take delivery of the purchased goods or fails to give the information or instructions necessary to their delivery, the products destined for delivery shall be stored at the consumer's risk following notification of the consumer by user. In said event, the consumer shall owe all additional costs.
4. If the consumer and user agree upon service, the purchased goods shall be delivered on users, free of charge, unless user communicated the conditions laid down to the consumer the moment the agreement was concluded.
5. If delivery in stages has been agreed upon, user can suspend the execution of the parts belonging to a following stage until the consumer has approved in writing or in electronic mail the results of the stage prior to it.
6. If, in the framework of the execution of the agreement, user requires data to be given by the consumer, the term of delivery shall commence after the consumer has provided user with said data.
7. If user has given a term of delivery, it shall only be indicative. A given term of delivery shall therefore never constitute a term to be observed on penalty of forfeiture of rights. The final term of delivery shall, however, never exceed more than 30 (thirty) days. If the term of delivery is exceeded, the user must give the consumer notice of default in writing or in electronic mail. The consumer then has a right to dissolve the agreement without costs.
8. In case of dissolution according to Article 6. subsection 7, user will repay the amounts paid within 14 (fourteen) days.
Article 7 Guarantee
1. User shall guarantee that the products to be delivered shall meet the usual requirements and standards that can be set for and made upon them and that they shall be free of any defect whatsoever.
2. The guarantee mentioned under 1 shall equally apply if the goods to be delivered are destined for use abroad.
3. User shall give the consumer a written certificate of guarantee. In the absence thereof, the note of purchase shall serve as proof with respect to the guarantee.
4. The guarantee mentioned under 1 shall be valid for a period mentioned on the note of purchase.
5. If the product to be delivered does not comply with said guarantee, user shall, at his discretion, replace, see to the repair of the product or repay the amounts paid, within a reasonable period of time following receipt thereof, if the product cannot be returned in reason, following written or electronic notification of the defect by the consumer. In the event the product is replaced, the consumer shall already now undertake to return the replaced product and to transfer ownership of it to user. The user pays the costs of the return shipment. By repayment of the amounts paid, user will repay within 14 (fourteen) days after the date of the receipt of the return shipment.
6. The guarantee mentioned for this purpose shall not apply when the defect originated as the result of injudicious or improper use or when the consumer or third parties have introduced changes or tried to introduce changes to the product without user's consent in writing or in electronic mail or if they have used it for purposes for which the product was not intended.
7. In case the goods delivered fail to comply with that which was agreed, and that nonconformity is a shortcoming in the sense of the legislation regarding product liability, the user shall not in principal be liable for any consequential loss.
8. The guarantee is not valid for products who are liable to normal wear and tear.
9. The guarantee conditions do not impair the legal rights of the consumer or those that arise from the agreement.
Article 8 Samples and Models
1. If user has shown or given the consumer a sample or model, the product shall correspond with it, unless the sample was given by way of indication. All electronic images are to be valid as way of indication.
Article 9 Retention of Title
1. User shall remain the full owner of the delivered product until the purchase price has been paid in full.
Article 10 Money back guarantee.
1. The consumer must inspect the delivered products immediately after delivery (handing over), but in any case within 30 (thirty) days. In this respect, the consumer must examine whether the quality and the quantity of the delivered products comply with what was agreed upon, or at least whether they meet the requirements applying to said goods in normal (business) transaction. Possible visible shortcomings must be communicated in writing or in electronic mail to user within 30 (thirty) days following delivery. If the consumer think that the delivered products don’t comply with was agreed upon, unless the concerning products in the relevant communication are expressly excluded from this option, he has two options:
a). The consumer may request the user to repair or replace the products or to deliver what is missing;
b). The consumer makes use of his right to dissolve the agreement in written or in electronic mail.
2. To appeal by the consumer on Article 10. subsection 1, the following conditions have to be valid:
  • The delivered products must have 100% market value, except the visible shortcomings;
  • There shall not have been any alteration made to the delivered products;
  • Any documentation, warranty and packing material sent must be enclosed in the return shipping.
3. To appeal on Article 10. subsection 1, is not possible for products who are liable to normal wear and tear.
4. If the consumer request the user to repair or replace the products, consumer shall undertake to return the products to user. The user pays the cost of the return shipment, the repair or the replace of the products and the return shipment to consumer, unless it is likely that consumer is blame for the missing and/or shortcoming of the product or otherwise is at consumer’s risk. In that case user is not due to repair or replace the product or to deliver what is missing. User returns the product to consumer in the same condition as user received the product from consumer.
5. In case of dissolution according to Article 10. subsection 1, the consumer shall already now undertake to return the products immediately to user. The return shipment must be no later than the 35e day after the delivery of the products in the property of user. User pays the cost of the return shipment. User will repay the purchase price within 14 (fourteen) days after the date of the receipt of the return shipment.
Article 11 Transfer of Risk
1. The risk of loss of, or damage to the products being the subject of the agreement, shall be transferred to the consumer the moment said products are judicially and/or actually delivered to the consumer and therefore fall into the power of the consumer or of third parties to be appointed by the consumer.
Article 12 Price Increase
1. If user agrees upon a certain price with the consumer the moment the agreement is concluded, user shall not be entitled to increase the price, unless in the event that the initial price was not given subject to approval or that price increase ensues from, any authority by virtue of the law.
Article 13 Payment
1. Unless agreed upon otherwise, payment must be made net cash upon ordering.
2. If payment is not made in cash, this only after approval by user, it must be effected within 14 (fourteen) days from the date of invoice, in a way to be indicated by user and in the currency in which the products were invoiced.
3. Contestation of the amount of the invoices shall not suspend the fulfillment of the payment obligation.
4. After the expiry of 14 (fourteen) days from the date of invoice, the consumer shall be in default by operation of law. Commencing on the moment the consumer is in default, he shall owe an interest of 1% per month on the amount due and payable, unless the statutory interest rate is higher, in which case the statutory interest rate shall apply.
5. User's claims and the consumer's obligations vis a vis user shall become due on demand in the event of bankruptcy, suspension of payment or curator ship.
6. User shall be entitled to have the payments made by consumer go first of all to reduce the costs, subsequently to reduce the interest still due and finally to reduce the principal sum and the current interest. User shall have the right, without this leading user to be in default, to refuse an offer for payment, if the consumer designates a different sequence of attribution. User shall be entitled to refuse full payment of the principal sum, if said payment does not include the interest still due, the current interest and the costs.
Article 14 Collection Charges
1. If the consumer fails to fulfill one or more of his obligations or defaults on one or more of them, then all reasonable costs incurred to have all extra judicial costs and debts paid shall be borne by the consumer. The consumer shall in any case owe the collection charges in the event of a monetary claim. The collection charges shall be calculated in accordance with the collection rates advised by the Netherlands Bar for collection procedures.
2. If user demonstrates that he has incurred higher expenses, which were necessary in reason, said expenses should also qualify for reimbursement.
Article 15 Safeguarding
1. The consumer shall safeguard user against claims filed by third parties concerning intellectual property rights on material or data provides by the consumer, which shall be used for and during the execution of the agreement.
2. If the consumer provides user with information carriers, electronic files or software etc., the former shall guarantee that said information carriers, electronic files or software are free of viruses and defects.
Article 16 Intellectual Property and Copyrights
1. Without prejudice to the other stipulations of the present general terms and conditions, user shall reserve the rights and authorities to which user is entitled under the Copyright Act.
2. The consumer shall not be allowed to introduce changes to the goods and material provided, unless the nature of the delivered goods and material dictates otherwise or if agreed upon otherwise in writing or in electronic mail.
3. The designs, sketches, drawings, films, software and other material or (electronic) files, possibly produced by the user within the framework of the agreement, shall remain user's property, irrespective of the fact whether they have been handed over to the consumer or third parties, unless agreed upon otherwise in writing or in electronic mail.
4. All documents, such as designs, sketches, drawing, films, software, (electronic) files, etc., provided by user, shall be destined to be used by consumer exclusively and must not be reproduced, made public or brought to the notice of third parties by consumer without prior consent from user, unless the nature of the documents provided dictates otherwise.
5. User shall reserve the right to use the knowledge gained due to the execution of the work for other purposes, in so far no confidential information shall be brought to the notice of third parties when doing so.
Article 17 Liability
1. If the products delivered by user are defective, user's liability vis a vis the consumer shall be limited to the arrangements made in the present terms and conditions under "Guarantee".
2. When the producer of a defective product is liable for consequential damage, the user's liability shall be limited to repairing or replacing the defective product, or to return the purchase price.
3. Without prejudice to the above, user shall not be liable if the damage is attributable to intentional act or omission and/or gross negligence and/or imputable actions, or to injudicious or improper use on the part of the consumer.
4. The limitations of liability for direct damage contained in the present terms and conditions shall not apply if the damage is due to intentional act or omission or gross negligence on the part of user or his subordinates.
Article 18 Force Majeure
1. Parties shall not be held to fulfill ant of their obligations if they are hindered to do so due to a circumstance through no fault of their own and which cannot be attributed to them by virtue of law, a legal action or generally accepted practice.
2. In addition to the provisions of the law and the judge-made law in this respect, force majeure shall in the present general terms and conditions furthermore be understood to be any external circumstance, be it envisaged or not, on which user cannot have any influence but which prevents user from fulfilling the obligations. Industrial action at user's company shall also be understood to be a circumstance of force majeure.
3. User shall also be entitled to invoke force majeure if the circumstance rendering (further) fulfillment of the obligation(s) impossible, commences after the point in time which user should have fulfilled his obligation.
4. Throughout the duration of the circumstances of force majeure, parties shall be entitled to suspend the fulfillment of their obligations. If this period lasts more than 2 (two) months, either of the parties shall be entitled to dissolve the agreement without any obligation to pay the opposite damages.
5. Insofar user has already partially fulfilled his obligation resulting from the agreement at the moment of circumstance of force majeure commenced or shall be able to fulfill them and insofar separate value can be attributed to the part already fulfilled or still to be fulfilled respectively, user shall be entitled to separately invoice the part already fulfilled or still to be fulfilled respectively. The consumer shall be held to pay this invoice as if it were a separate agreement.
Article 19 Privacy
1. User will keep the privacy rules as they are mentioned on there website under: Privacy.
Article 20 Disputes
1. The Court in user's place of business or in consumer's place (this choice can be made by consumer) shall have exclusive jurisdiction to hear actions, unless the District Court is the competent Court.
Article 21 Applicable Law
1. Dutch law shall apply to each and every agreement between user and the consumer.
Article 22 Changes to the Terms and conditions and their Location.
1. These present terms and conditions have been filed at the Office of the Chamber of Commerce in Tiel
The most recently filed version shall always apply, or, the case ensuing, the version at the tome the agreement was concluded.