Article 1 - Definitions
In these terms and conditions:
- Frame of reflection: the period within which the buyer can exercise his right of withdrawal;
- Buyer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the vendor;
- Day: calendar day;
- Sustainable data carrier: any means that enables the buyer or seller to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
- Right of withdrawal: the possibility for the buyer to renounce the distance contract within the cooling-off period;
- Seller: the natural or legal person who offers products and/or services to copper at a distance;
- A distance contract: an agreement whereby, within the framework of a system organised by the seller for the distance sale of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more means of distance communication;
- Technology for distance communication: means that can be used to conclude an agreement without the buyer and seller coming together in the same room at the same time.
- General Terms and Conditions: the present General Terms and Conditions of Seller.
Article 2 - Seller identity
Quality Stores Online B.V. aka CycleBoard Europe
2652 XK Berkel en Rodenrijs
KvK number: 24 360 558
VAT number: NL8131 15 656 B01
Article 3 - Applicability
- These general terms and conditions apply to any offer made by the seller and to any distance contract and orders placed between the seller and the buyer.
- Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the buyer. If this is not reasonably possible, before the remote agreement is concluded, it will be indicated that the general terms and conditions can be inspected at the seller's and they will be sent free of charge as soon as possible at the request of the buyer.
- If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the buyer electronically in such a way that the buyer can easily store it on a durable data carrier. If this is not reasonably possible, prior to the conclusion of the distance contract, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the request of the buyer.
- In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply mutatis mutandis and the buyer may always rely on the applicable provision that is most favourable to him in the event of conflicting general terms and conditions.
- If one or more provisions of these general terms and conditions are wholly or partially null and void or are nullified at any time, the agreement and these terms and conditions shall otherwise remain in force and the provision in question shall immediately be replaced by a provision that approximates the purport of the original as closely as possible.
- Situations not regulated in these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.
- Incertainties about the interpretation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these general terms and conditions.
Article 4 - The offer
- If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
- The offer is non-binding. Seller has the right to change and adapt the offer.
- The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the buyer.
- All images, specifications and data in the offer are indicative and can not be a reason for compensation or dissolution of the agreement.
- Product images are a true representation of the products offered. Vendor cannot guarantee that the colors shown correspond exactly to the real colors of the products.
- price including taxes;
- any shipping costs;
- the way in which the agreement will be concluded and what actions will be required;
- the method of payment, delivery and execution of the agreement;
- the period for acceptance of the offer, or the period within which the seller guarantees the price;
- If the agreement is archived after its conclusion, and if so in what way it can be consulted by the buyer;
- the way in which the buyer, before concluding the agreement, can check the data provided by him within the framework of the agreement and, if desired, repair it;
Article 5 - The agreement
- The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the buyer of the offer and compliance with the conditions laid down in that offer.
- If the buyer has accepted the offer electronically, the seller shall immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the seller, the buyer may dissolve the agreement.
- Agreements are only concluded after an order or other order has been assessed for feasibility by the seller. Seller has the right not to accept orders or orders, stating the reasons, or only to accept under the condition that the shipment is made cash on delivery or after prepayment, in which case buyer will be informed accordingly. Seller may - within the limits of the law - inquire whether the buyer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the seller has good grounds not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
- Seller shall enclose the following information with the product or service to the buyer, in writing or in such a way that it can be stored by the buyer in an accessible manner on a durable data carrier:
a. the visiting address of the Seller's office to which the buyer can turn with complaints;
b. the conditions under which and the manner in which the buyer can make use of the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
c. the information about guarantees and existing after-sales service;
d. the data included in article 4 paragraph 3 of these terms and conditions, unless the seller has already provided the buyer with these data prior to the execution of the agreement;
- Every agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.
Article 6 - Right of withdrawal
- When purchasing products, the buyer has the option of dissolving the agreement without giving reasons for a period of 14 days. This cooling-off period commences on the day after receipt of the product by the buyer or a representative appointed by the buyer in advance and made known to the seller. If the buyer wishes to make use of his right of withdrawal he is obliged to inform the seller within 14 days after receipt of the product, . After the buyer has made known to make use of his right of withdrawal, the customer must return the product within 14 days. The buyer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.
- If, after expiry of the periods mentioned in paragraphs 2 and 3, the customer has not made it known that he wishes to exercise his right of withdrawal or has not returned the product to the seller, the purchase is a fact. The sale is a fact.
Article 7 - Costs in case of revocation
- If the buyer makes use of his right of withdrawal, the costs of returning the goods shall be borne by the buyer.
- If the buyer has paid an amount, the seller will refund this amount as soon as possible, but at the latest within 14 days after revocation. However, this is subject to the condition that the product has already been received back by the merchant or conclusive proof of complete return can be submitted. Reimbursement will be made via the same payment method used by the buyer unless the buyer expressly agrees to another payment method. The (partial) consumption of a consumable product means that copper is subject to any reduction in the value of the product.
Article 8 - Exclusion of right of withdrawal
- Exclusion of the right of withdrawal is only possible for products:
- a. which have been made by the seller in accordance with the buyer's specifications;
- b. which are clearly of a personal nature;
- c. which cannot be returned due to their nature;
- d. which can spoil or age quickly;
- e. for hygienic products of which the buyer has broken the seal.
Article 9 - The price
- During the period of validity mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates. Prices increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions.
- Price-increases from 3 months after the conclusion of the agreement are only allowed if the seller has stipulated this and:
a. these are the result of statutory regulations or provisions; or
b. the buyer has the authority to terminate the agreement as of the day on which the price increase takes effect.
- The prices mentioned in the offer of products or services include VAT.
- All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the seller is not obliged to deliver the product according to the wrong price.
Article 10 - Compliance and Warranty
- Seller guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the Seller also guarantees that the product is suitable for other than normal use.
- A guarantee provided by the seller, manufacturer or importer does not affect the legal rights and claims which the buyer can assert against the seller under the agreement. The guarantee does not affect the legal rights and claims which the buyer can assert against the seller under the agreement. The vendor's warranty period corresponds to the manufacturer's warranty period. However, the vendor is never responsible for the ultimate suitability of the products for each individual application by the purchaser, nor for any advice regarding the use or application of the products.
- The guarantee does not apply if:
- Buyer has repaired and/or processed the delivered products himself or has them repaired and/or processed by third parties; The buyer is not responsible for any damage to the delivered products.
- The delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or contrary to the instructions of the vendor and/or have been treated on the packaging;
- The defect is wholly or partly the result of regulations which the government has laid down or will lay down with regard to the nature or quality of the materials used .
Article 11 - Delivery and execution
- Seller will take the greatest possible care in receiving and executing orders for products and in assessing applications for the provision of services.
- The place of delivery is the address that the buyer has given to the company .
- All delivery times are indicative. The buyer cannot derive any rights from any of these terms. Exceeding a term does not entitle the buyer to compensation.
- In the event of dissolution in accordance with paragraph 3 of this article, the seller will refund the amount paid by the buyer as soon as possible, but at the latest within 14 days after dissolution. The risk of damage and/or loss of products rests with the vendor until the moment of delivery to the buyer or a representative appointed in advance and made known to the vendor, unless expressly agreed otherwise. The risk of damage and/or loss of products rests with the vendor until the moment of delivery to the buyer or a representative appointed in advance and made known to the vendor.
Article 12 - Payment
- In so far as not otherwise agreed, the amounts owed by the buyer must be paid within 14 working days after the start of the cooling-off period as referred to in article 6 paragraph 1. .
- Buyer is obliged to report any inaccuracies in the payment details provided or stated to vendor without delay.
- In the event of non-payment by the buyer, the seller has the right, subject to legal restrictions, to charge the buyer for the reasonable costs made known to him beforehand.
Article 13 - Complaints procedure
- Seller has a sufficiently publicized complaints procedure and deals with the complaint in accordance with this complaints procedure.
- Complaints about the execution of the agreement must be submitted to the seller within 7 days, fully and clearly described, after the buyer has discovered the defects.
- Complaints submitted to the seller shall be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the Seller will respond within the 14-day period with an acknowledgement of receipt and an indication of when the Buyer can expect a more detailed response.
- In the event of a complaint, a buyer should first of all turn to the seller. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
- A complaint does not suspend the seller's obligations, unless the seller indicates otherwise in writing.
- Complaints never give the buyer the right to suspend his payments.
- If a complaint is found to be well-founded by the vendor, the vendor shall, at its discretion, replace or repair the delivered products free of charge.
Article 15 - Disputes
- Agreements between the seller and the buyer to which these general terms and conditions apply shall be governed exclusively by Dutch law. Even if the buyer resides abroad.
Article 16 - Additional or different provisions
Additional or different provisions of these general terms and conditions may not be to the detriment of buyer and must be recorded in writing or in such a way that they can be stored by buyer in an accessible way on a durable data carrier.