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Index:
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The contract
Article 6 - Right
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of right of withdrawal
Article 9 - The price
Article 10 - Compliance and Warranty
Article 11 - Delivery and implementation
Article 12 - Extended duration transactions: duration, termination and renewal
Article 13 - Payment
Article 14 - Complaints
Article 15 - Disputes
Article 16 - Additional or different terms
Article 17 - Deposit payments and agreements
Article 1 - Definitions
In these conditions apply:
1. Grace period: The period within which the consumer can exercise his right of withdrawal;
2. Consumer: the natural person not acting in the exercise of professional or business and a distance contract with the entrepreneur;
3. Day: calendar;
4. Transaction Duration: a distance contract concerning a series of products and / or services, the supply and / or purchase is spread over time;
5. Durable medium: any means that the consumer or business that enables information to him personally is directed to store in a way that facilitates future consultation and unaltered reproduction of the stored information.
6. Right of withdrawal: the ability for consumers to see within the waiting period of the contract;
7. Entrepreneur: the natural or legal products and / or services to consumers;
8. Distance contract means an agreement in the framework of a system organized by the entrepreneur for distance selling of products and / or services until the conclusion of the agreement exclusive use of one or more communication techniques distance;
9. Technology for distance communication: means that can be used to conclude a contract, without the consumer and trader being in the same room.
Article 2 - Identity of the entrepreneur
Cyclexclusive BV
Established:
Burgumerdaam 18
9251GD Burgum
Netherlands;
Commercial Register: 89510003
VAT identification number: NL865004584B01
Pickup Address:
Burgumerdam 18 9251 GD Burgum;
Phone: 0031 6153 447 24
Email: [email protected]
If the activity of the entrepreneur is subject to a relevant licensing regime:
information about the supervising authority:
If the entrepreneur a regulated profession:
- The professional association or organization with which he is affiliated;
- The professional, the place in the EU or the EEA where it is awarded;
- A reference to the professional rules that apply in the Netherlands and instructions where and how these professional rules can be accessed.
Article 3 - Applicability
1. These general conditions apply to every offer of the entrepreneur and any agreement reached at a distance between businesses and consumers.
2. Before the distance contract is concluded, the text of these general conditions made available to the consumer. If this is not reasonably possible, before the contract is concluded at a distance, indicate that the general conditions for inspection at the trader's premises and be sent free of charge as soon as possible at the request of the consumer.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these terms and conditions electronically will be made available to the consumer in such a way that by the consumer in a simple way can be stored on a durable data storage medium. If this is not reasonably possible, before the distance contract is closed, will indicate where to be aware of the general conditions electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
4. In the event that besides these general conditions also specific product or service conditions apply, the second and third paragraph shall apply and the consumer can continue in the event of conflicting terms rely on the applicable provision for him This is the most favorable.
Article 4 - The offer
1. If an offer has a limited duration or subject to conditions, this will be explicitly stated in the offer.
2. The offer includes a complete and accurate description of the products and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the contractor uses these images are a true reflection of the products and / or services. Obvious mistakes or errors in the offer binding on the entrepreneur.
3. Each offer contains such information that is clear to the consumer what rights and obligations which are attached to accepting the offer. This concerns in particular:
o the price including taxes;
o any costs of delivery;
o how the agreement will be achieved and what actions they require;
o apply whether or not the right of withdrawal;
o the method of payment, delivery or performance of the contract;
o The deadline for accepting the offer, or the deadline for adhering to the price;
o the size of the tariff for distance communication if the cost of using the technique for distance communication are calculated on a basis other than the regular fare for the means of communication;
o whether the contract is filed after conclusion, and if so, how this can be accessed by the consumer;
o the way the consumer to conclude the agreement can check the information provided by him under the contract and repair if necessary;
o any other languages, including Dutch, the contract may be entered;
o the conduct to which the trader is subject and the way the consumer can consult these behavioral codes electronically; and
o the minimum duration of the distance contract in the event of an extended transaction.
Article 5 - The contract
1. The agreement is subject to the provisions of paragraph 4, concluded at the time of the consumer accepts the offer and meet the corresponding conditions.
2. If the consumer has accepted the offer electronically, the trader will immediately acknowledge electronic receipt of acceptance of the offer. Until receipt of this acceptance has not been confirmed by the operator, the consumer may rescind the contract.
3. If the agreement is created electronically, the trader will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the trader will take appropriate safety precautions.
4. The entrepreneur can - within the law - inform or the consumer can meet its payment obligations, and of all those facts and factors that are important to a sound conclusion of the distance contract. If the operator under this investigation was justified in order not to enter into the agreement, he is entitled to refuse or to attach special conditions to implement an order or request.
5. The entrepreneur will the product or service to the consumer the following information in writing or in such a way that it can be stored in an accessible manner to the consumer on a durable medium to send:
a. the address of the establishment of the business where consumers can lodge complaints;
b. the conditions and how the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information about guarantees and after sales service;
d. the data included in article 4 paragraph 3 of these conditions, unless the operator this information already provided to the consumer before the execution of the agreement;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
6. In the event of an extended transaction is the provision in the previous paragraph applies only to the first delivery.
Article 6 - Right
When delivering products:
1. When purchasing products, the consumer can terminate the contract without giving any reason within 14 days. This period commences on the day following receipt of the product by the consumer or a pre-designated by the consumer and the entrepreneur announced representative.
2. During this period the consumer will treat the product and packaging. He will be the product only to unpack or use as necessary to assess whether he wishes to retain the product. He can see the product, and that can also try such as in a store. If he exercises his right of withdrawal, he will the product with all accessories and - if reasonably possible - in the original, undamaged condition and packaging to the entrepreneur, according to the trader provided reasonable and clear instructions.
When providing services:
3. When providing services, the Consumer has the option to terminate the agreement without giving reasons, during at least fourteen days, starting on the day of entering into the agreement.
4. To exercise his right of withdrawal, the consumer focus to the trader to supply and / or appearance on delivery to area provided reasonable and clear instructions.
5. In case a customer does not accept the parcel or does not pick it up from a parcelshop, we will charge the shipping costs 2 times.
Article 7 - Costs in case of withdrawal
1. If the consumer exercises his right of withdrawal, will not exceed the cost of return shipping cost.
2. If the consumer has paid an amount, the entrepreneur this amount as soon as possible (after checks and testing for issue and using traces) but no later than 14 days after the return or cancellation, refund.
Article 8 - Exclusion of right of withdrawal
1. The operator may exclude the right of withdrawal from the consumer to the extent provided in paragraph 2 and 3. The exclusion of the right of withdrawal applies only if the trader clearly in the offer, at least in time for the conclusion of the agreement stated.
2. Exclusion of the right of withdrawal is only possible for products:
A that have been created by the trader in accordance with specifications of the consumer.;
b. that are clearly personal in nature;
c. that can not be returned because of their nature;
d. that spoil or become obsolete;
e. whose price depends on fluctuations in the financial market over which the trader has no influence;
f. for individual newspapers and magazines;
g. for audio and video recordings and computer software that the consumer has broken the seal.
h. which are specifically ordered for the customer and / or are supplied to size
3. Exclusion of the right of withdrawal is only possible for services:
a. on accommodation, transport, catering or leisure on a certain date or during a given period;
b. whose delivery with the express consent of the consumer before the period has expired;
c. on betting and lotteries.
4.Products with visible traces of use (used, worn and/or washed), missing parts or with missing / damaged original packaging. In this case we will return the product to you.
Article 9 - The price
1. During the period mentioned in the offer have not increased the prices of the products and / or services, except for price changes due to changes in VAT rates.
2. Notwithstanding the preceding paragraph, the business products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur has no control, at variable prices. These fluctuations and the fact that any price targets, are at the offer.
3. Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
4. Price increases from 3 months after the conclusion of the contract are only allowed if the trader has agreed and:
a. they are the result of legislation or regulations; or
b. the consumer has the right to terminate the agreement as of the date the increase takes effect.
5. The prices in the supply of products in the shop is include VAT. Customers outside EU prices are without VAT
Article 10 - Compliance and Warranty
1. The Entrepreneur guarantees that the products and / or services meet the contract specifications stated in the offer, the reasonable requirements of reliability and / or usability and the existing laws on the date of the conclusion of the contract provisions and / or government regulations. If agreed, the entrepreneur also ensure that the product is suitable for normal use.
2. By the trader, manufacturer or importer does not affect the legal rights and claims that the consumer may invoke under the contract against the trader.
3. Products with fabrications errors should the original purchaser for the company's address to be delivered (shipping is costs for consumer). There assessed the entrepreneur and the manufacturer or the product can be repaired under warranty.
4. wear products is no guarantee this money to complete bikes for rotating parts. These articles are only eligible for warranty if the complaint can not possibly be caused by the use. All bicycles are tested for defects and if approved only delivered to the consumer.
5. Products with defects ACQUISITION, that do not follow the instructions of the manufacturer or an authorized brand specialist bicycle are kept, is no guarantee on it.
6. Warranty does not cover normal wear, accidental damage or transport, or products whose appearance seems to have changed compared to the original part. When possible manufacturing defects, the product is supplied for evaluation to the manufacturer. In fixed count of a manufacturing defect, the product repaired or replaced at no cost.
7. The warranty terms and conditions are identical to the conditions applied by the manufacturer of the product beteffende. In most cases, the guarantee applies only to the original owner for a period of one year.
8. In case of doubt, the supplier of our opinion will be decisive. The products go under warranty will be replaced or repaired as soon as possible. The issue with a product always have to get deliver at the distributor are the manufacturer. After manufacturer confirms its production mistake, it get replaced or repaired.
9. Warranty exclusions:
a. Incorrect or improper use, by accident, by accidental drops or impact from the outside. If damage has occurred during shipment, then this should be reported immediately, same day. Any damage caused by the shipment is to recover from the carrier. Defects in the product arising during use and are probably caused by the civilization of the shipment are no longer to recover from the operator or carrier. A damage of the shipment must be reported immediately upon receipt.
b. by inadequate or improper maintenance or when not properly handling the indicated torques.
c. if the frame is not original brand attributes were added or confirmed.
d. with lacquer or frame damage or when using corrosive wax or polish.
e. When reporting a defect / manufacturing defect in a stage in which the product already has to wear so ago, that it is due for replacement anyway.
10. The transport to and from the manufacturer has to be payed by buyer. As well as any labor costs incurred for disassembly and montages. These costs can be avoided by bringing the warranty cases to us or to send any direct routes to the manufacturer. Recessed or surface mounting costs will be charged if these are to be implemented by the company.
11. Shipping costs for replacements to Cyclexclusive and back to the buyer has to be payed by the buyer.
12. Liability regarding compensation of costs arising from personal injury, damage or cycling clothes, etc. are excluded.
13.We recommend that you first make your complaints known to us by emailing [email protected]. Then we try to assist from a distance, if that is not possible we always will find a good solution.
If this does not lead to a solution, it is possible to register your dispute for mediation trough Stichting WebwinkelKeur.
From 15 February 2016, it is also possible for consumers in the EU to register complaints via the ODR platform of the European Commission. This ODR platform can be found at http://ec.europa.eu/odr. If your complaint is not yet being processed elsewhere, you are free to file your complaint via the European Union platform. "
Article 11 - Delivery and implementation
1. The trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for services.
2. The place of delivery is the address that the consumer makes known to the company.
3. Subject to what is stated in Article 4 of these terms and conditions, the company accepted orders expeditiously within 30 days unless a longer delivery period. If delivery is delayed or if an order is not or only partially carried out, the consumer receives them no later than 30 days after placing the order. The consumer in this case the right to terminate the contract without penalty and be entitled to any compensation.
4. In case of dissolution in accordance with the preceding paragraph, the operator the amount that consumers paid as soon as possible but no later than 14 days after repudiation.
5. If delivery of an ordered product proves impossible, the trader will endeavor to provide a replacement article. By the delivery will be that a replacement item is delivered in a clear and comprehensible manner. For replacement items right of withdrawal can not be excluded. The cost of return shipment are borne by the entrepreneur.
6. The risk of damage and / or loss of products rests upon the trader up to the moment of delivery to the consumer or a pre-designated and the entrepreneur announced representative, unless otherwise expressly agreed. If consumer do not choose insured shipping to save costs, is responsibility for the loss or damage to the consumer.
Article 12 - Extended duration transactions: duration, termination and renewal
Notice
1. The consumer may contract for an indefinite period, which extends to the regular delivery of products (including electricity) or services, at any time denounce the applicable termination rules and a notice of up to one month.
2. The consumer may contract concluded for a definite period, which extends to the regular delivery of products (including electricity) or services terminate at any time at the end of the fixed term, subject to the agreed termination rules and a notice not exceeding one month.
3. Consumers can the agreements mentioned in the previous paragraphs:
o Cancel at any time and not be limited to termination at a particular time or in a given period;
o At least cancel the same way as they are concluded;
o Cancel at the same notice as the company has negotiated for itself.
Extension
4. A contract for a definite period, which extends to the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed period.
5. Notwithstanding the preceding paragraph, an agreement is concluded for a definite period, which extends to the regular delivery of daily or weekly newspapers and magazines be tacitly renewed for a fixed period of up to three months, as consumers these extended agreement by the end of the extension may terminate with notice not exceeding one month.
6. A contract for a definite period, which extends to the regular delivery of products or services may only be extended for an indefinite period if the consumer may cancel at any time with a notice of up to one month and a notice of more than three months extends to the regular case in the agreement, but less than once a month, delivering daily, news and weekly newspapers and magazines.
7. A contract with a limited duration of regular delivery of trial days, news and weekly newspapers and magazines (trial or introductory subscription) will be terminated automatically and not tacitly continued after the trial or introductory.
Expensive
8. If a contract has a duration of more than one year, one year after the consumer may terminate the agreement at any time with a notice of up to one month, unless the reasonableness and fairness against termination before the end of the agreed term resist.
Article 13 - Payment
1. Unless otherwise agreed, the amounts owed by the consumer to be paid within 14 days after the start of the cooling off period referred to in Article 6 paragraph 1. In case of an agreement to provide a service begins to run after the consumer has received the confirmation of the agreement.
2. When selling products to consumers in general conditions may never stipulate an advance payment of more than 50%. If payment is agreed, the consumer may not assert any rights regarding the implementation of the order or service (s) before the advance payment has been made.
3. The consumer has the duty to inaccuracies in data supplied or specified payment immediately to the operator.
4. In case of default by the consumer, the operator subject to statutory limitations, the right to advance to the consumer made known to charge reasonable costs.
Article 14 - Complaints
1. The entrepreneur has a well-publicized complaints and deals with complaints under this procedure.
2. Complaints about the performance of the contract must promptly, fully and clearly described and submitted to the entrepreneur, after the consumer has discovered the defects.
3. The entrepreneur complaints within a period of 14 days from the date of receipt. If a complaint is a foreseeable longer processing time, then answered by the operator within the period of 14 days with a notice of receipt and an indication if the consumer can expect a more detailed answer.
4. If the complaint can not be resolved by mutual agreement creates a dispute that is subject to dispute.
Article 15 - Disputes
1. Contracts between the entrepreneur and the consumer of these terms refer only to Dutch law.
Article 16 - Additional or different terms
Additional or different provisions of these terms may not be to the detriment of consumers and should be recorded in writing or may be such that these by the consumer in an accessible manner stored on a durable medium.
Article 17 - Deposit Payments and agreements
With a deposit payment we order the product specific for the customer. Important to know is that you agree with below:
1. It is possible to cancel your order when the frame or product is not in production. When the product is already in production we can not cancel the order anymore
2. Because this product is specific made for the customer it is not possible to return. If there is a production mistake with the product it is possible to return.
Privacy
Cycle Xclusive respects the privacy of all users of its site and ensures that the personal information you give us will be treated confidentially. We use your information to process orders as quickly and easily as possible. For the rest, we will use this information only with your permission. Cycle Xclusive will not sell your personal information to third parties and will make them available to third parties that are involved in processing your order.
CycleXclusive uses the collected data to its clients the following services:
If you place an order, we need your name, email address, delivery address and payment information to process your order and keep you informed of its progress.
To make shopping at Cycle Xclusive as pleasant as possible, we store with your consent personal information and the details regarding your order and the use of our services. This allows us to personalize the website.
We use your email address to inform you about the development of the site, special offers and promotions. If you are here no longer wish to, you can unsubscribe at our website.
If you place an order at Cycle Xclusive we keep, if desired, your data on a secure server. You can specify a username and password so that your name, address, telephone number, email address, shipping and payment information, so you will not have to fill every new order in this
Information about the use of our site and the feedback we receive from our visitors help us to develop our website and improve.
Cycle Xclusive not sell your data
Cycle Xclusive will not sell your personal information to third parties and will make them available to third parties that are involved in processing your order. Our employees and our third parties are obliged to respect the confidentiality of your information.
Cookies
Cookies are small pieces of information that are stored by your browser on your computer. Cycle Xclusive uses cookies to recognize you on your next visit. Cookies enable us to gather information about using our services and to improve and adapt to the needs of our visitors. Our cookies provide information regarding personal identification. You can set your browser not to receive cookies while shopping at Cycle Xclusive.
If you have any questions about the Privacy Statement Cycle Xclusive, please contact us. Our customer service will help you if you need information about your data or if you want to change. In case our Privacy Statement should become necessary, you will find on this page the most recent information.