Terms and Conditions
General Terms and Conditions Dena Bike Table of contents: Article 1 -DefinitionsArticle2 -Identity of the entrepreneurArticle3 -ApplicabilityArticle4 -The offerArticle5 -The agreementArticle6 -Right of withdrawalArticle7 -Obligations of the consumer during the reflection periodArticle8 -Exercise of the right of withdrawal from the consumerArticle9 -Request -Exclusion of right of withdrawalArticle11 -The priceArticle12-Compliance and extra-guaranteeArticle13-Delivery and executionArticle14-Duration transactions: duration, cancellation and extensionArticle15-PaymentArticle16-Complaints procedureArticle17-DisputesArticle18-Additional or deviating provisionsArticle1-Definitions In these terms and conditions: 1.Additional agreement consumer acquires products, digital content and / or services in connection with a distance contract and these goods, digital content and / or services are supplied by the entrepreneur or d for a third party on the basis of an agreement between that third party and the entrepreneur; 2. Time for reflection: the period within which the consumer can exercise his right of withdrawal; 3. Consumer: the natural person who does not act for purposes related to his trade. -, business, craft or professional activity; 4.Day: calendar day; 5.Digital content: data produced and delivered in digital form; 6.Duration agreement: an agreement that extends to the regular delivery of goods, services and / or digital content for a certain period of time; 7.Durable data carrier: any tool - including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that future consultation or use during a period that is geared to the purpose for which the information is intended and which allows unaltered reproduction of the stored information; of the consumer to withdraw from the distance contract within the cooling-off period; 9.Entrepreneur: the natural or legal person who offers products, (access to) digital content and / or services to consumers at a distance; 10.Remote contract: a agreement that is concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and / or services, whereby one or more use is made up to and including the conclusion of the agreement. techniques for distance communication; 11.Model form for withdrawal: the European model form for withdrawal included in Appendix I of these conditions. Annex I does not have to be made available if the consumer has no right of withdrawal with regard to his order; 12.Technology for distance communication: means that can be used for the conclusion of an agreement, without the consumer and entrepreneur being simultaneously in the same space. got together. Article 1 -Identity of the entrepreneur-Dena Bike, with web shop under the name Dena Bike Business address: .... Delft at Duurstede Visiting address: .... Delft Phone number: (+31) 06 25 23 73 75-available from Mon-Sun from 0.09 to 21.00. E-mail address: info@denabike.com Chamber of Commerce number: 77956672 VAT identification number: NL06 25 23 73 75B16 Website: www.denabike.com -www.denabike.nl Article 2 - Applicability 1. These general terms and conditions apply to every offer from the entrepreneur and on any distance contract concluded between the entrepreneur and the consumer. 2. 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, the entrepreneur will indicate the manner in which the general terms and conditions can be viewed by the entrepreneur and that they will be sent free of charge at the request of the consumer. Notwithstanding the previous paragraph and before the distance contract is concluded, the distance contract can be concluded electronically, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily way can be stored on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting conditions. Article 3 - The offer 1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer. 2. The offer contains a complete and accurate description of the products, digital content and / or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the offered products, services and / or digital content. Obvious mistakes or errors in the offer do not bind the entrepreneur. 3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. Article 4 -The agreement 1. The agreement is concluded, subject to the provisions of paragraph 4, when the consumer accepts the offer and meets the corresponding conditions. 2. If the consumer has accepted the offer electronically, the entrepreneur without delay electronically receipt of acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the contract. 3.If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure that a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures. 4 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 distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons, or to attach special conditions to the implementation. 5 The entrepreneur will at the latest upon delivery of the product, the service substance. send digital content to the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium: a. the visiting address of the establishment of the entrepreneur 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; c. the information about guarantees and existing service after purchase; d. the price including all taxes on the product, service or digital content; insofar as applicable the delivery costs; and the method of payment, delivery or performance of the distance contract; e. the requirements for termination of the contract if the contract has a duration of more than one year or is indefinite; f. if the consumer has a right of withdrawal, the model form for withdrawal. 6. In the event of an extended transaction, the provision in the previous paragraph applies only to the first delivery. Article 5-Right of withdrawal For products: 1. The consumer can enter into an agreement regarding the purchase of a product during a cooling-off period of at least 7 days without giving reasons. The entrepreneur may ask the consumer for the reason of withdrawal, but not oblige him to state his reason (s). 2. The reflection 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: a. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, if he has clearly informed the consumer prior to the ordering process, refuse an order of several products with different delivery times.b.if the delivery of a product consists of different shipments or parts: the day on which the consumer , or a third party designated by him, has received the last shipment or the last part; c. in contracts for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, received the first product. For services and digital content that is not supplied on a tangible medium: 3.The consumer can terminate a service agreement and an agreement for the supply of digital content that has not been supplied on a tangible medium for at least 7 days without giving any reason. The entrepreneur may ask the consumer about the reason for withdrawal, but not oblige him to state his reason (s). 4. The reflection period referred to in paragraph 3 commences on the day following the conclusion of the agreement. services and digital content that is not supplied on a tangible medium when not informing about the right of withdrawal: 5.If the entrepreneur consumer has not provided the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original Reflection period determined in accordance with the previous paragraphs of this article. 6. 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 expires 7 days after the day on which the consumer has that information. Article 6 - Obligations of the consumer during the thinking 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 functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as he should in a store. 2. The consumer is only liable for the depreciation of the product that is the result of a manner of handling the product that is further The consumer is not liable for any diminished value of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement. Article 7 - Exercise of the right of withdrawal by the consumers 1.If the consumer makes use of his right of withdrawal, he will report this within the cooling-off period by means of the model withdrawal form or in an unambiguous manner to the entrepreneur. 2. As soon as possible, but within 7 days from the day following the paragraph 1. notification, the consumer returns the product, or hands it over (an authorized representative v an) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired. 3 The consumer returns the product with all accessories supplied, if reasonably possible in the original condition and packaging, and in accordance with the information provided by the entrepreneur. reasonable and clear instructions. 4 The risk and the 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 reported that the consumer must bear these costs or if the entrepreneur indicates to bear the costs himself, the consumer does not have to bear the costs for return. 6 If the consumer withdraws after first expressly requesting that the transaction of the service or the supply of gas, water or electricity that have not been made ready for sale in a limited volume or a certain quantity commences during the reflection period, the consumer owes the entrepreneur an amount that is proportional to that part of the obligation that the entrepreneur has fulfilled at the time of withdrawal, compared to the full fulfillment of the obligation.7.The consumer does not bear any costs for the performance of services or the supply of water, gas or electricity, which are not made ready for sale in a limited volume or quantity, or to supply district heating, if: a. the entrepreneur provides the consumer with the legally required information r has not provided the right of withdrawal, the cost reimbursement for withdrawal or the model withdrawal form, or; b. the consumer has not explicitly requested the commencement of the execution of the service or the supply of gas, water, electricity or district heating during the cooling-off period. 8. The consumer does not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium. , if: a. he has not expressly agreed to commence performance of the agreement before the end of the cooling-off period prior to its delivery; b. he has not acknowledged that he will lose his right of withdrawal when giving his consent; ofc.the entrepreneur has failed to confirm this statement from the consumer. 9.If the consumer makes use of his right of withdrawal, all additional agreements will be terminated by operation of law. Article 8 - Obligations of the entrepreneur in case of withdrawal 1. If the entrepreneur reports the withdrawal made available electronically by the consumer, he will immediately send a confirmation of receipt after receipt of this notification. 2 The entrepreneur reimburses all payments from the consumer, including any delivery costs charged by the entrepreneur for the returned product, immediately but within 7 days following on the day on which the consumer reports the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with refund to receive the product or until the consumer demonstrates that he has returned the product, whichever is earlier. 3 The entrepreneur uses the same payment method for reimbursement. the consumer has used, unless the consumer agrees to another method. The refund is free of charge for the consumer. 4.If 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 9 - Exclusion of right of withdrawal The entrepreneur can provide the following products. and exclude services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement: 1. Products or services whose price is subject to fluctuations in the financial market on which the entrepreneur has no influence which may arise within the withdrawal period; 2.Agreements concluded during a public auction. A public auction means a sales method in which products, digital content and / or services are offered by the entrepreneur to the consumer who is personally present or who is given the opportunity to be personally present at the auction, under the supervision of an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and / or services; 3.Service contracts, after full performance of the service, but only if: a.the implementation has begun with the express prior consent of the consumer; andb.the consumer has declared that he loses his right of withdrawal as soon as the entrepreneur has fully executed the agreement; 4.Package trips as referred to in Article 7: 500 of the Dutch Civil Code and passenger transport agreements; 5.Service agreements for the provision of accommodation, if a specific provision is made in the agreement. date or period of execution is provided and other than for residential purposes, freight transport, car rental services and catering; 6.Agreements relating to leisure activities, if the agreement provides for a specific date or period of execution thereof; 7.According to specifications of the consumer products which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person; 8. Products that spoil quickly or have a limited shelf life; 9. Sealed products that reasons of health protection or hygiene are not suitable are to be returned and the seal of which has been broken after delivery; 10.Products that by their nature are irrevocably mixed with other products after delivery; Article 10 -The price 1. During the period of validity stated in the offer, the prices of the products offered and / or services are not increased, except for price changes as a result of changes in VAT rates. 2. Notwithstanding the previous paragraph, the entrepreneur can supply products or services whose prices are subject to fluctuations in the financial market and on which the entrepreneur has no influence. with variable pricing. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer. 3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions. 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and: a. They are the result of statutory regulations or provisions; orb. the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect. 5. The prices stated in the offer of products or services include VAT. Article 11 - Compliance with the agreement and extra warranty 1. in 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 entrepreneur also guarantees that the product is suitable for other than normal use. 2. An extrasararity provided by the entrepreneur, its supplier, manufacturer or importer limits never-less legal rights and claims that the consumer under the contract the entrepreneur can assert if the entrepreneur has failed to fulfill his part of the agreement. 3. Additional warranty means any obligation of the entrepreneur, his supplier, importer or producer in which he grants certain rights or claims to the consumer that go further than what it is legally obliged to do in case he has failed to fulfill his part of the agreement.Article 12 -Delivery and implementation1.The entrepreneur will take the greatest possible care when receiving and executing orders of products and when assessing applications for grant v 2. The place of delivery is the address that the consumer has made known to the entrepreneur. 3. Subject to what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously, but at the latest within 30 days. , unless another delivery term has been agreed. If delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract without costs and the right to any compensation. 4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid. 5. The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and announced representative to the entrepreneur, unless expressly agreed otherwise.Article 13 -Duration transactions: duration, cancellation and extension Termination: 1.The consumer can enter into an agreement has been entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, to be canceled at any time with due observance of the agreed cancellation rules and a notice period of no more than one month. has been entered into for a certain period of time and that extends to the regular delivery of p terminate products (including electricity) or services at any time at the end of the fixed term, subject to the agreed cancellation rules and a notice period of no more than one month. 3 The consumer can: cancel at any time and not be limited to cancellation at a specific time or in a certain period; - at least cancel in the same way as they have entered into by him; - always cancel with the same notice period as the entrepreneur has stipulated for himself. 5. A contract that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period of time. 5. Contrary to the previous paragraph, a contract for a fixed period of time has been entered into and which extends to the regular delivery of daily news and weekly newspapers and magazines. n extended for a fixed period of up to three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of up to one month. 6. An agreement that has been concluded for a definite period and that extends to the regular delivery of products or services may only be extended tacitly for an indefinite period if the consumer may cancel at any time with a notice period of up to one month.The notice period is up to three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines. 7. An agreement with a limited duration to the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period. Duration: 8. If an agreement has a duration of more than one year, ma g terminate the contract after one year at any time with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed term. Article 14 - Payment 1. Unless otherwise provided in the agreement or additional conditions, the amounts owed by the consumer must be paid within 7 days after the start of the cooling-off period, or in the absence of a cooling-off period within 7 days after the conclusion of the agreement. of a service, this period commences on the day after the consumer has received the confirmation of the agreement. 2. When selling products to consumers, the consumer may never be obliged in general terms and conditions to pay in advance of more than 50%. When prepayment has been stipulated, the consumer cannot assert any rights with regard to the execution of the relevant order or service (s) before the stipulated prepayment has taken place. 3. The consumer has the obligation to immediately report inaccuracies in payment details provided or stated. If the consumer does not meet his payment obligation (s) in time, this will be after the entrepreneur has been informed of the late payment and the entrepreneur has granted the consumer a period of 7 days to still meet his to meet payment obligations, after payment has not been made within this 7-day period, the legal amount owed on the amount still owed, the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40. The entrepreneur may deviate from the aforementioned amounts and percentages for the benefit of the consumer. Article 15 - Complaints procedure 1. The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure. 2. Complaints about the implementation of the agreement must be made within a reasonable time after the consumer has discovered the defects, are fully and clearly described and are submitted to the entrepreneur. 3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer. 4 The consumer must in any case serve the entrepreneur for 4 weeks. give time to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to the dispute settlement procedure. These general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.
Share by: