Terms and conditions

BikeCap General Terms and Conditions

Article 1 | Definitions‍

In these terms and conditions, the following definitions apply:

1. Reflection period: the period within which the consumer can exercise their right of withdrawal;
2. Consumer: the natural person not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Duration of 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;
5. Durable data carrier: any instrument that enables the consumer or entrepreneur to store information addressed personally to them in a way that facilitates future consultation and unaltered reproduction of the stored information;
6. Right of withdrawal: the option for the consumer to cancel the distance contract within the reflection period;
7. Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers; Distance contract: an agreement concluded within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, whereby, up to and including the conclusion of the agreement, exclusive use is made of one or more means of distance communication;
8. Mechanism of distance communication: a means that can be used to conclude an agreement without the consumer and entrepreneur being in the same place at the same time.

Article 2 | Identity of the entrepreneur

BikeCap BV
Middelblok 214
2831 BR Gouderak

Phone: 0182 – 51 54 57
Available between 9:00 AM and 5:00 PM
Email address: info@bikecap.com

Chamber of Commerce number: 24427537
VAT identification number: NL818919334B01

Article 3 | Applicability

1. These general terms and conditions apply to every offer made by the entrepreneur and to every 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, the consumer will be informed before the distance contract is concluded that the general terms and conditions are available for inspection at the entrepreneur's premises and will be sent free of charge to the consumer as soon as possible upon request.
3. 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 may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, the consumer will be informed before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent free of charge to the consumer electronically or otherwise upon request.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favorable to them.

Article 4 | 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 and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the entrepreneur uses images, these must be a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
3. Every offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
   
   • the price including taxes;
   • any delivery costs;
   • the manner in which the agreement will be concluded and the actions required for this;
   • the applicability of the right of withdrawal;
   • the method of payment, delivery, and performance of the agreement;
   • the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
   • The rate for distance communication if the costs of using the distance communication technology are calculated on a basis other than the regular basic rate for the communication method used;
   • whether the agreement is archived after its conclusion, and if so, how the consumer can access it;
   • the way in which the consumer can check the data provided by them in connection with the agreement and, if necessary, correct it before concluding the agreement;
   • any other languages ​​in which the agreement can be concluded, besides Dutch;
   • the codes of conduct to which the entrepreneur is subject and how the consumer can access 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

1. Subject to the provisions of paragraph 4, the agreement is concluded upon acceptance by the consumer of the offer and compliance with the conditions set therein.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer may terminate the agreement.
3. 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 web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur may, within legal frameworks, ascertain whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good reason not to enter into the agreement, they are entitled to refuse an order or request with reasons or to impose special conditions on its execution.
5. The entrepreneur will include the following information with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
   a. the visiting address of the entrepreneur's establishment where the consumer can submit complaints;
   b. 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. information about guarantees and existing after-sales service;
   d. the information included in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to 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 of indefinite duration.

6. In the case of a continuing performance agreement, the provision in the previous paragraph only applies to the first delivery.

Article 6 | Right of Withdrawal

1. When purchasing products, the consumer has the right to cancel the agreement within 14 days without giving any reason. This cooling-off period commences on the day after the consumer, or a representative designated in advance by the consumer and notified to the entrepreneur, receives the product.
2. During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they will return the product with all accessories supplied and – if reasonably possible – in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

Article 7 | Costs in case of withdrawal

1. If the consumer exercises their right of withdrawal, they will be responsible for no more than the costs of return shipping.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.

Article 8 | Exclusion of the Right of Withdrawal

1. The entrepreneur may exclude the consumer's right of withdrawal to the extent provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
   a. that have been created by the entrepreneur according to the consumer's specifications;
   b. that are clearly personal in nature;
   c. that cannot be returned due to their nature;
   d. that can spoil or become obsolete quickly;
   e. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
   f. for individual newspapers and magazines;
   g. for audio and video recordings and computer software of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
   a. relating to accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period;
   b. the supply of which began with the consumer's express consent before the cooling-off period expired;
   c. regarding betting and lotteries.

Article 9 | The price

1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market over which the entrepreneur has no control. This subjection to fluctuations and the fact that any stated prices are target prices will be stated in the offer.
3. Price increases within 3 months of the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 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; or
   b. the consumer has the authority to terminate the agreement effective from the date on which the price increase takes effect.
   c. The prices stated in the offer for products or services include VAT.

Article 10 | Conformity and warranty

1. The entrepreneur will exercise the utmost care when receiving and fulfilling orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has provided to the company.
3. Subject to the provisions of Article 4 of these general terms and conditions, the company will fulfill accepted orders expeditiously, but no later than within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, 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 terminate the agreement free of charge and is entitled to any compensation.
4. In the event of termination in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after termination.
5. If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement item. The delivery of a replacement item will be clearly and comprehensibly communicated at the time of delivery. The right of withdrawal cannot be excluded for replacement items. Any return shipping costs are borne by the entrepreneur.
6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative notified to the entrepreneur, unless expressly agreed otherwise.

Article 11 | Delivery and execution

1. The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has provided to the company.
3. Subject to the provisions of Article 4 of these general terms and conditions, the company will execute accepted orders expeditiously, but no later than within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, 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 terminate the agreement free of charge and is entitled to any compensation.
4. In the event of termination in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after termination.
5. If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement item. The replacement item will be clearly and comprehensibly communicated upon delivery. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the entrepreneur.
6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 | Long-term transactions: duration, termination, and extension

Termination‍

1. The consumer may terminate an agreement concluded for an indefinite period and intended for the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
2. The consumer may terminate an agreement concluded for a fixed period and intended for the regular delivery of products (including electricity) or services at any time towards the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
3. The consumer may terminate the agreements referred to in the previous paragraphs:
   a. at any time and not be limited to termination at a specific time or during a specific period;
   b. at least terminate them in the same manner as they were entered into;
   c. always terminate them with the same notice period as the entrepreneur has stipulated for themselves.

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Extension

1. A fixed-term agreement for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
2. Notwithstanding the previous paragraph, a fixed-term agreement for the regular delivery of daily newspapers, weekly newspapers, and magazines may be tacitly extended for a fixed period of up to three months, provided the consumer can cancel this extended agreement at the end of the extension period with a notice period of no more than one month.
3. A fixed-term agreement for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can cancel at any time with a notice period of no more than one month, and a notice period of no more than three months if the agreement concerns the regular, but less than monthly, delivery of daily newspapers, weekly newspapers, and magazines.
4. A limited-term agreement for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not automatically renewed and ends automatically after the trial or introductory period.

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Duration

1. If an agreement has a term of more than one year, the consumer may terminate the agreement at any time after one year, with a notice period of no more than one month, unless reasonableness and fairness preclude termination before the end of the agreed term.

Article 13 | Payment

1. Unless otherwise agreed, amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period as referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement.
2. When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. If an advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
3. The consumer is obligated to immediately report any inaccuracies in the payment details provided or stated to the entrepreneur.
4. In the event of non-payment by the consumer, the entrepreneur has the right, subject to statutory restrictions, to charge the consumer reasonable costs made known to the consumer in advance.

Article 14 | Complaints procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure.
2. Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed response.
4. If the complaint cannot be resolved amicably, a dispute arises that is subject to the dispute resolution procedure.

Article 15 | Disputes

1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law.

Article 16 | Additional or deviating provisions

1. Additional or deviating provisions from these terms and conditions may not be detrimental to 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 data carrier.