General terms and conditions 2dehandsfietsenwinkel.nl
https://www.2dehandsbicycle shop.nl/
Table of contents
Article 1 – Definitions
Article 2 – Identity of the entrepreneur Article 3 – Applicability
Article 4 – The offer Article 5 – The agreement Article 6 – Right of withdrawal
Article 7 - Costs in case of withdrawal Article 8 - Exclusion of right of withdrawal Article 9 - The price
Article 10 – Conformity and warranty Article 11 – Delivery and execution
Article 12 – Duration transactions: duration, cancellation and extension Article 13 – Payment
Article 14 – Complaints procedure Article 15 – Disputes
Article 16 – Additional or deviating provisions
Article 1 – Definitions
In these terms and conditions the following definitions apply:
- Reflection period: the period within which the consumer can exercise his right of withdrawal; Read all about reflection time.
- Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
- Day: calendar day;
- Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
- Durable data carrier: any means that enables the consumer or entrepreneur to store information that is personally addressed to him in a manner that allows future consultation and unchanged reproduction of the stored information possible
- Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
- Model form: the model withdrawal form that the entrepreneur makes available that a consumer can complete when he wants to use his
- Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
- Distance agreement: an agreement whereby, in the context of a system organized by the entrepreneur 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 techniques for remote communication;
- Technology for distance communication: means that can be used to conclude a contract, without the consumer and entrepreneur being in the same room at the same time
- General Terms and Conditions: the present General Terms and Conditions of the
Article 2 – Identity of the entrepreneur
2nd hand bicycle shop.nl
Noorderhagen 229A
3078CJ Rotterdam
Netherlands
T (316) 455-4672
E info@2dehandsbicycle shop.en
KVK 58069011
VAT number NL852859752.B01
Article 3 – Applicability
- These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders concluded between the entrepreneur and
- Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed by the entrepreneur and they will be sent free of charge as soon as possible at the consumer's request.
- If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be read by the consumer can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be available free of charge electronically or otherwise at the request of the consumer
- In the event that, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs apply mutatis mutandis and in the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that applies to him. the most favorable
- If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the agreement and these terms and conditions will otherwise remain in force and the provision in question will be immediately replaced by a provision in mutual consultation that the scope of the original is as much as possible
- Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions
- Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must 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 is expressly stated in the offer
- The offer is The entrepreneur is entitled to change and adapt the offer.
- The offer contains a complete and accurate description of the products offered and/or The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
- All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the
- Images accompanying products are a true representation of the offered Entrepreneur cannot guarantee that the colors displayed exactly match the real colors of the products.
- Each offer contains such information that it is clear to the consumer what rights and obligations are associated with acceptance of the offer. This concerns in particular:
the price including taxes;
the possible costs of shipping;
the manner in which the agreement will be concluded and what actions are required for this; whether or not the right of withdrawal applies;
the method of payment, delivery and execution of the agreement;
the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
the amount of the rate for distance communication if the costs of using the technology for distance communication are calculated on a different basis than the regular basic rate for
means of communication used;
whether the agreement is archived after conclusion, and if so, where it can be consulted by the consumer;
the way in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, restore it;
any other languages in which, in addition to Dutch, the agreement can be concluded;
the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of a long-term transaction.
Article 5 – The Agreement
- The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and compliance with the relevant conditions
- If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the agreement of this acceptance has not been confirmed by the entrepreneur, the consumer can cancel the agreement
- If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure payment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
- The entrepreneur can - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the agreement. this investigation has good grounds not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
- The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
the visiting address of the entrepreneur's branch where the consumer can go with complaints;
the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
the information about warranties and existing after-sales service;
the information included in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
- In the case of a duration transaction, the provision in the previous paragraph only applies to the first
- Every agreement is entered into under the suspensive conditions of sufficient availability of the relevant
Article 6 – Right of withdrawal
On delivery of products:
When purchasing products, the consumer has the option to terminate the agreement without giving reasons during 14. This reflection period starts on the day after receipt of the product by the consumer or a person designated in advance by the consumer and given to the entrepreneur's appointed representative.
- During the reflection period, the consumer will handle the product with care and will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product to the entrepreneur with all accessories supplied and - if reasonably possible - in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
- If the consumer wishes to exercise his right of withdrawal, he is obliged to inform the consumer of this within 14 days of receipt of the product. The consumer must make this known using the model form or by means of another means of communication. such as by email. After the consumer has indicated that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.
- If the customer has not indicated that he wishes to use it after the periods referred to in paragraphs 2 and 3 have expired
exercise his right of withdrawal resp. has not returned the product to the entrepreneur, the purchase is a fact.
When providing services:
When providing services, the consumer has the option to terminate the agreement without giving reasons for at least 14 days, starting on the day of entering into the agreement
- To exercise his right of withdrawal, the consumer will rely on the reasonable and clear information provided by the entrepreneur with the offer and/or at the latest upon delivery
Article 7 – Costs in case of withdrawal
- If the consumer exercises his right of withdrawal, he will be liable for a maximum of the costs of return
- If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after cancellation. This is subject to the condition that the product has already been received back by the online retailer or conclusive proof of complete return has been submitted. can become. Refunds will be made via the same payment method used by the consumer unless the consumer expressly consents to another payment method.
- If the product is damaged due to careless handling by the consumer himself, the consumer is liable for any reduction in value of the
- The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, this must be done before the conclusion of the
Article 8 – Exclusion of right of withdrawal
- The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraph 2. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time before concluding the agreement.
- Exclusion of the right of withdrawal is only possible for products:
that have been created by the entrepreneur in accordance with the consumer's specifications; that are clearly personal in nature;
that cannot be returned due to their nature; that can deteriorate or age quickly;
the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
for individual newspapers and magazines;
for audio and video recordings and computer software of which the consumer has removed the seal; for hygienic products of which the consumer has broken the seal.
- Exclusion of the right of withdrawal is only possible for services:
concerning accommodation, transport, restaurant business or leisure activities to be carried out on a certain date or during a certain period;
of which delivery has started with the consumer's express consent before the cooling-off period has expired;
concerning betting and lotteries.
Article 9 – The price
- During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
- Notwithstanding the previous paragraph, the entrepreneur can provide products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This liability to fluctuations and the fact that any stated prices are target prices. are stated in the offer.
- Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or
- Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
these are the result of legal regulations or provisions; or
the consumer has the right to cancel the agreement with effect from the day on which the price increase takes effect.
- The prices stated in the offer of products or services include