| 1.1 |
These general
terms and conditions and soley the ones stated here apply
on all promotions, orders and agreements of OpDieFiets. These general
terms and conditions can be found on the websites. |
| 1.2 |
Accepting an
offer or placing an order implies that you accept the
applicability of these terms and conditions. |
| 1.3 |
All rights and
reservations, as laid out in these terms and conditions
and in possible agreements of OpDieFiets, also apply to third parties
that OpDieFiets uses for running its business. |
| 2.1 |
All promotions of OpDieFiets are purely
indicative. OpDieFiets has the
right to change its prices, especially when this is required by legal
regulations. Agreements that have been made previously will be
fulfilled to the agreed (previous) prices. |
| 2.2 |
An agreement will only be created after
OpDieFiets has accepted your
order. OpDieFiets has the right to refuse orders or to attach special
conditions to the delivery, unless strictly indicated otherwise. In
case an order is not accepted, OpDieFiets will communicate this within
10 working days after receiving the order. |
| 2.3 |
Promotions and discounts do not
automatically apply to future orders. |
| 3.1 |
The indicated prices for the products and
services are in the currency
indicated, they exclude handling- and delivery costs, or potential
special taxes, unless explicitly stated otherwise or agreed in writing. |
| 3.2 |
Payments are done in advance, by
debit card, credit card or by bank
transfer. Payment date is the date on which the OpDieFiets account is
credited. |
| 3.3 |
In case an order has been placed
based on a wrong price that was
indicated on one of the websites, OpDieFiets will communicate this to
the customer and the customer has the right to cancel the order. Also
see under chapter 11. |
| 3.4 |
In case a due payment to OpDieFiets is not
fulfilled or only partly
fulfilled, OpDieFiets has the right to postpone the agreement and other
related agreements or to cancel them. |
| 3.5 | In case the prices of the offered
products and services rise in the
period between placement of the order and its execution, you have the
right to cancel the order or to cancel the agreement within ten working
days after OpDieFiets has informed you of the price increase. |
| 4.1 |
The bicycles of OpDieFiets.nl will be
delivered in a 85% assembled
state. The customer has the responsibility for the correct final
assambly of the front wheel pedals, saddle, handle bar and accessories
(if ordered). OpDieFiets cannot be held responsible for damage
resulting from incorrect assembly of these parts. An assembly manual
will be provided by OpDieFiets. |
| 5.1 |
The shipment times as communicated by
OpDieFiets on the websites are
only indicative. Customers whose product is delivered late are not
entitled to compensation and are not allowed to cancel the order or to
cancel the agreement, unless the delay is such that it is objectively
unreasonable for the customer to leave the agreement in place. In this
case you have the right to cancel the order and the agreement to the
extent necessary. |
| 5.2 |
The shipment of the products takes place
as soon as
the products are ready for shipment to you. |
| 5.3 |
The
shipment costs will equal the amounts indicated on the website and
comunnicated during the ordering process. |
| 5.4 |
Shipment of the products will be performed by an external company. You as a customer are responsible for receiving the product on the address that you indicated during the ordering process. The shipment is subject to the terms and conditions of this external company. |
| 5.5 | Shipment costs related to changing or returning products will be for your account. |
| 6.1 |
Ownership of the products will only be
transferred the moment all your
obligations as described in the agreement have been fulfilled. The
product risk will only be transferred to you the moment the product is
delivered at the agreed delivery address. |
| 7.1 |
The
warranty cannot be transferred to others and only the first owner
is entitled to it. The first owner is a) the person who has been
indicated as being the first owner in the ordering process or b) the
person under whose name the payment has been fulfilled. |
| 7.2 |
On the frame and front fork of the
bicycle a two year warranty for
manufacturing mistakes applies. On the other parts a six-month warranty
for manufacturing mistakes applies, except on the parts listed in 7.3.
In order to place a valid warranty claim a valid proof of purchase myst
b provided. Warranty claims can be submitted via the websites. |
| 7.3 |
No warranty will be provided for
parts prone to wear and tear, such as
tires, chain, freewheel, rearwheels, cables and brake-cushions, unless
in case of assembly of material mistakes. |
| 7.4 |
The
warranty is void in the following cases: a. damages that result from wrong final assembly of the bicycle after delivery; b. Incorrect or careless use of the bicycle and use that is not according to its purpose: c. Damage resulting from riding with multiple persons on the bicycle; d. Damage resulting from lack of maintenance, for example not lubricating of the chain; e. Technical repairs have not been performed properly f. Accessories added to the bicycle do not match the technical specifications of the bicycle or have been assembled to the bicycle wrongly;. |
| 7.5 |
OpDieFiets
cannot be held responsible for damage to (parts of) the
bicycles resulting from: a. Incorrect adjustment of handle bar, handle bar stem, saddle, seat post, chain and brakes; b. Climatologic influences like normal paint fading and corrosion. |
| 7.6 |
In case you have found that your order is damaged we ask you to inform us of this within 24 hours after delivery via the contact page on the website. Please include your order number and specify the damage. |
| 7.7 |
In case OpDieFiets accepts a warranty
claim this does not automatically
mean that OpDieFiets accepts responsibility for possible related
damages. The responsibility of OpDieFiets only includes what is
described in these warranty conditions. OpDieFiets strictly excludes
any responsibility for related damage, unless a binding legal
regulation prescribes such. |
| 8.1 |
All intellectual and industrial properties
which lie on products
delivered by OpDieFiets need to be respected fully and unconditionally. |
| 9.1 |
The customer has the obligation to
inspect whether the products meet
the contents of the agreements. In case the products do not meet the
contents of the agreement the customer is obliged to inform OpDieFiets
of this as soon as possible and at least within seven (7) working days
after delivery, or after it has been reasonably possible to inspect, in
writing and with proper description. |
| 9.2 |
In case it has been proved that the
products do not meet the contents
of the agreement, OpDieFiets has the choice to replace the delivered
products by new products or to refurn the with the amount that has been
billed to the customer. |
| 9.3 |
OpDieFiets is not responsible for order
mistakes done by the client. |
| 9.4 |
OpDieFiets has the right to change
erroneous information and prices. |
| 9.5 |
OpDieFiets has the right to cancel orders
that have been placed based
on erroneous prices and information. |
| 10.1 |
OpDieFiets is not responsible for
misunderstandings, personal damage,
delays, or inproper handling of orders that are the result of the use
of internet or any other means of communication between you,
OpDieFiets, or OpDieFiets and third parties, as far as they are related
to the relation between the customer and OpDieFiets, unless there is
intent or careless handling of OpDieFiets. |
| 11.1 |
Onverminderd de overige aan haar
toekomende rechten, heeft
OpDieFiets.nl in geval van overmacht het recht om, naar eigen keuze, de
uitvoering van uw bestelling op te schorten, dan wel de overeenkomst
zonder rechterlijke tussenkomst te ontbinden, zulks door u dit
schriftelijk mee te delen en zulks zonder dat OpDieFiets.nl gehouden is
tot enige schadevergoeding, tenzij dit in de gegeven omstandigheden
naar maatstaven van redelijkheid en billijkheid onaanvaardbaar zou zijn In case of Force majeure OpDieFiets.nl has the right to postpone the execution of your orders or to cancel the orders by announcing this in writing, without providing compensation for damages incurred, in case this would not be reasonable and appropriate given the circumstances. |
| 12.1 |
Even though the websites have been created
with great care, there is
always the possibility that specific information has been aged or is no
longer valid. OpDieFiets is not responsible for the results of
activities that are taken based on the website. More information about
this can be found on a separate disclaimer page on the websites. |
| 13.1 |
In case the customer provides an
address in writing, OpDieFiets has the
right to send all shipments to that address, unless you provide to
OpDieFiets in writing another address to which the orders need to be
delivered. |
| 13.2 |
In case OpDieFiets does not adhere
strictly to these Terms and Conditions, it
still has the right to demand direct and strict adherence to these
Terms and Conditions. The customer cannot obtain any rights from the
sole non-strict adherence to these Terms and Conditions by OpDieFiets. |
| 13.3 |
OpDieFiets has the right to use third
parties for the processing of the
order(s). |
| 14.1 |
All rights, obligations, promotions,
orders and agreements these Terms
and Conditions apply to are subject to Dutch Law and Dutch Law only.
|
| 14.2 |
All disagreements between parties will be
dealt with by a competent judge in The
Netherlands. |
| 15.1 |
In agreement with the Dutch law "kopen of
afstand" (purchasing in virtual shops) you have the right to return the
bicycle within a period of 14 days after delivery in case you are
unsatisfied with the bicycle and the purchasing amount will be
refunded. The shipment costs will be for your own account. Only in case
the returned bicycle is returned complete, undamaged and in undamaged
packaging we will refund the purchasing amount to your account as soon
as possible. As soon as we will have received the bicycle and inspected
it we will refund the amount immediately. |
| 16.1 |
No personal information as completed in
any of the websites will be
provided to third parties. |