Terms and Conditions of OpDieFiets.nl B.V.

OpDieFiets.nl B.V. (hereafter: OpDieFiets) is registered in The Netherlands under Chambre of Commerce identification number 34319261.
Even though the website of OpDieFiets.nl has been designed and are being maintained with great care and attention, it can still occur that some information is not fully up-to-date or in exceptional circumstances that information is incorrect. OpDieFiets cannot be held responsible for the consequences of any activity that is undertaken on the basis of the information provided on the websites. Copyright OpDieFiets.nl.

Chapter 1. Applicability

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.
Accepting an offer or placing an order implies that you accept the applicability of these terms and conditions.
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.

Chapter 2. Promotions / agreements

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.
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.
Promotions and discounts do not automatically apply to future orders.

Chapter 3. Prices and payments

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.
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.
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.
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.

Chapter 4. Product

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.

Chapter 5. Shipment

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.
The shipment of the products takes place as soon as the products are ready for shipment to you.
The shipment costs will equal the amounts indicated on the website and comunnicated during the ordering process.
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.

Chapter 6.  Property conditions

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.

Chapter 7. Warranty

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.
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.
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.
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;
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.
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.
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.

Chapter 8. Intellectual and industrial property rights

All intellectual and industrial properties which lie on products delivered by OpDieFiets need to be respected fully and unconditionally.

Chapter 9. Promotions and responsibility

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.
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.
OpDieFiets is not responsible for order mistakes done by the client.
OpDieFiets has the right to change erroneous information and prices.
OpDieFiets has the right to cancel orders that have been placed based on erroneous prices and information.

Chapter 10. Orders / communication

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.

Chapter 11. Force majeure

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

Chapter 12. Disclaimer

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.

Chapter 13. Other

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.
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.
OpDieFiets has the right to use third parties for the processing of the order(s).

Chapter 14. Applicable law and competent judge

All rights, obligations, promotions, orders and agreements these Terms and Conditions apply to are subject to Dutch Law and Dutch Law only.
All disagreements between parties will be dealt with by a competent judge in The Netherlands.

Chapter 15. Return period

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.

Chapter 16. Protection of personal information

No personal information as completed in any of the websites will be provided to third parties.
V3.0 Date: 06-12-2009
Translated 28-08-2010