Terms of service
In these Terms and Conditions:
- Two-wheeler: the (electric) bicycle;
- the Agreement: the Agreement of purchase and < /span>sale of a Two-wheeler;
- < em>Eager Bikes: the one who pursuant to the Agreement a new Two Wheeler for that sells, being Autobedrijf van den Udenhout BV
-Copper : the person who purchases a new Two-wheeler under the Agreement;
- the warranty: the warranty provided by the manufacturer, importer or Eager Bikes on new Bicycles, parts and accessories;
Article 1 - The offer
1.1 The Eager Bikes offer is made verbally, in writing, or electronically. The acceptance of the offer by the Buyer is only valid if it takes place within the stipulated period. Furthermore, the electronic acceptance of the offer by the Buyer is only valid if it has been confirmed by Eager Bikes. All Agreements, including changes, are entered into subject to the suspensive condition of approval by our management. The Agreement is deemed to have been entered into within five working days after confirmation of the Agreement or order confirmation, if the management has not indicated that it does not accept the order within that period.
Article 2 - The Agreement < /span>
2.1 The Agreement is recorded electronically. The Buyer will receive a confirmation of the Agreement by e-mail.
Article 3 - The contents of the Agreement
3.1 The Agreement recorded in writing or electronically shall in any case include:
- the description of the Tweewieler;
- the price of the Two-wheeler at the time of the sale;
Article 4 - Price changes/increases
4.1 Changes to b Taxes, excise duties and similar government levies are at all times passed on in both the fixed and the non-fixed agreed price of new Two-wheelers.
Article 5 - Exceeding the delivery time
5.1 If the exceeding of a delivery term is the result of force majeure on the part of Eager Bikes, Eager Bikes has the right to dissolve the Agreement. The right to dissolution arises as soon as the agreed fixed term has been exceeded. As soon as a presumed delivery period has been exceeded, Eager Bikes has the right to dissolve three weeks after the intended force majeure situation without the Buyer being entitled to claim any compensation.
Article 6 - Retention of title
6.1 The delivered Two-wheeler remains the property of Eager Bikes as long as the Buyer has not fully paid all that it owes under the Agreement. If the Two-wheeler has been made available to the Buyer, but the ownership of it has not yet been transferred to the Buyer, the Buyer is nevertheless obliged to take out the legally prescribed insurance policies with regard to the use of the Two-wheeler, as well as insurance against full or partial loss (casco cover). . The buyer is also obliged to have the delivered Two-wheeler maintained at his expense. De Eager Bikes shall in no way be held to indemnify the Buyer for its liability as holder of the Bicycle. On the other hand, the Buyer indemnifies the Eager Bikes against claims that third parties may have against the Eager Bikes and that can be associated with the retention of title made.
REPAIR AND MAINTENANCE
Article 7 - Maintenance
< br> 7.1 Eager Bikes expressly advises because of the warranty to place the Two-Wheeler at Eager Bikes partners selected by Eager Bikes for repair and maintenance, but the Buyer has the choice herein. Only the parties selected by Eager Bikes may carry out work arising from the manufacturer's warranty. If the Buyer decides to have repair and/or maintenance performed by third parties, the right to manufacturer's warranty will lapse. Eager Bikes is not liable for the way in which repair and/or maintenance is carried out by Eager Bikes selected parties.
Article 8 - Warranty
8.1 The warranties stated in this Article and in Article 9 shall rights (including the right pursuant to Book 7 of the Dutch Civil Code that the good corresponds to the Agreement upon delivery) that a Buyer/client, not acting in the exercise of a profession or business on that basis, has unaffected.
8.2 On new Two-wheelers are exclusively subject to the warranty provided by the manufacturer or importer and the legal rights as referred to in Article 8.1 of these terms and conditions.
8.3 No warranty applies to pre-owned Two-wheelers. On all our pre-owned Two Wheelers it is Eager Approved applicable quality seal.
Article 9 - Repair and Maintenance Warranty
9.1 Eager Bikes guarantees within the European Economic Area the proper execution of the orders approved in advance by it with regard to all Bicycles sold by Eager Bikes to the Buyer and the materials used for that purpose for a period of three months, to be determined from the time when the Bicycles are again available to the Buyer. the client. The warranty includes the correct execution of the assignment that has not been carried out or not properly carried out within a reasonable time. If the work still to be performed by the repairer is not are more possible or useful, the client is entitled to reasonable compensation.
9.2 No warranty is provided on ordered emergency repairs.
9.3 Claims under the warranty will lapse if:
- Buyer fails to do so within two days of discovering the defects notify Eager Bikes thereof;
- Eager Bikes – is not given the opportunity by means of pre-approved intervention by parties selected by Eager Bikes to remedy the defects;
- Third parties without Eager Bikes' prior knowledge and/or permission have performed work related to the work performed by Eager Bikes in respect of which the warranty is invoked . The guarantee does apply, however, if the need for immediate repair has arisen elsewhere and can be demonstrated by the client on the basis of the data provided by the other repairer and/or on the basis of the broken parts. If repair takes place elsewhere in the Netherlands, the other repairer must also be a party selected by Eager Bikes.
Repairs abroad are not reimbursed.
Article 10 – In swap
The provisions of this article only apply if Eager Bikes purchases a Bicycle from the Buyer/supplier, hereinafter referred to as “Bicycle”:
10.1 Eager Bikes is not bound by any valuation for more than 14 days after the date of the valuation, unless otherwise agreed in writing.
10.2 On the day of transfer of the Bicycle to be purchased, it must be in the same condition as at the time of valuation. If this condition is different, Eager Bikes has the right not to purchase the Bicycle from the Buyer/supplier, which does not affect the other obligations arising from the Agreement. In that case, the Buyer remains bound by the already concluded Agreement regarding Bicycles to be delivered by Eager Bikes.
10.3 The agreement to purchase the Bicycle from the Buyer/Supplier is entered into subject to the suspensive condition of approval by the management of Eager Bikes.
10.4 The ownership of the Bicycle to be exchanged from the Buyer/supplier transfers to Eager Bikes at the time of provision.
Article 11 - Payment
Article 12 – < /strong>Buyback Program
12.1 At the time of sale, Eager Bikes will provide a Buyback Program to the Buyer, with this Buyback option the Buyer has the option, but not the obligation, to sell the Bicycle back to Eager Bikes, within a maximum period of 18 months, commencing at the time of delivery.
12.2 At the time of the sale, Eager Bikes will create an account in the name of the Buyer, whereby the Buyer has insight into the current purchase value of the Buy Back Program of the Two-wheeler at all times. .
12.3 The purchase value mentioned under 12.3 includes VAT, in euros's, which can be spent in the webshop, and this subject to the condition that the Bicycle is in the same (maintained) condition as at the time of delivery.
12.4 If the Buyer makes interim adjustments that increase the value, the Buyer has the option to report this to Eager Bikes, whereby Eager Bikes will assess to what extent this change may affect the purchase value. of the Two-wheeler may be increased.
12.5 If the Buyer makes value-reduced adjustments to the Bicycle, the effect of this on the purchase value of the Bicycle will be determined by Eager Bikes during the inspection.
12.6 If Buyer wishes to make use of the Buyback Program, Buyer must notify Eager Bikes of this within 18 months of delivery. Eager Bikes will then carry out an on-site inspection of the Two-wheeler and apply any discounts on the purchase value of the Two-wheeler in the event of a defect's in, for example, frame, battery, bicycle computer, etc. or damage not repaired or other shortcomings's.
12.7 If the parties come to an agreement regarding the final purchase with the associated final purchase value of the Two-wheeler;
a. whereby the Buyer simultaneously purchases another Two-wheeler from Eager Bikes, the certain purchase value of the Bicycle will be deducted from the new order.
b. where the Buyer does not purchase another Two-wheeler from Eager Bikes, 90% of the determined purchase value of the Two-wheeler will be paid out to the Buyer.
Article 13 - Deviations
13.1 Deviations, including additions or extensions to these General Terms and Conditions, are only valid if they have been established in writing by both parties.
Article 14 - Force Majeure
14.1 In case of force majeure Eager Bikes is not obliged to fulfill its obligations towards the Buyer, or the obligation is suspended for the duration of the force majeure.
14.2 Force majeure is understood to mean any circumstance beyond its control, as a result of which the fulfillment of its obligations towards the Buyer is wholly or partially prevented. These circumstances include, among other things, a double sale of the same Two-wheeler as a result of which it cannot be delivered, strikes, fire, business failures, energy failures, non-delivery or late delivery from suppliers or other third parties engaged and the lack of any license to be obtained from the government. Force majeure also includes failures in a (telecommunications) network or connection or used communication systems and/or the unavailability of the internet site at any time.
Article 15 - Disclaimer < /span>
15.1 All prices, percentages and rates mentioned on the site are subject to change and any errors can be changed by Eager Bikes at any time.
15.2 The Eager Bikes website and all texts, documents, images and sound contained therein, all in the broadest sense, are protected by copyright. Written permission is required for further distribution, publication or transfer thereof. Eager Bikes excludes liability for any damage (direct, indirect and consequential damage) arising from the use of the website and its content. Eager Bikes maintains and secures the website and content. However, Eager Bikes does not guarantee the presence of technical imperfections. Nor can Eager Bikes guarantee that the use of the website and its content will indemnify the Buyer and/or visitor against viruses and/or other harmful applications. The buyer and/or visitor must take precautions for this.
Article 16 - Liability
16.1 It is possible that Eager Bikes includes links on its internet site to other internet sites that may be interesting or informative for the visitor and/or Buyer. Such links are for informational purposes only. Eager Bikes is not responsible for the content of the referenced internet site or the use that may be made of it.
16.2 Eager Bikes is never obliged to pay any compensation to the Buyer or to third parties, unless there is intent or gross negligence on the part of Eager Bikes. Eager Bikes is never liable for consequential or trading loss, indirect damage or loss of profit or turnover.
Article 17 - Processing personal data
17.1 The personal data of the Buyer/client stated on this Agreement are processed by Eager Bikes within the meaning of the General Terms and Conditions. Data Protection Regulation. Pursuant to this Agreement, the Buyer's data is also shared with the partners selected by Eager Bikes for the performance of the Tweewieler-related work. Based on this processing, Eager Bikes can: perform the Agreement, fulfill the warranty obligations towards the Buyer/client, provide the Buyer/client with optimal service, provide product information and make personalized offers. By signing the Agreement, the Buyer unconditionally accepts this processing of the personal data. Any objection to be made by the Buyer/client to Eager Bikes/repairer against processing for direct mailing will be honored.
Article 18 – Tapplicable law and competent court
18.1 All rights, obligations, offers, orders and Agreements to which these Conditions apply, as well as these Conditions, are exclusively governed by Dutch law.
18.2 If a provision of these General Terms and Conditions is null and void, Eager Bikes is entitled to replace this provision by a provision that is as close as possible to the original provision.
18.3 All disputes related to or arising from offers from Eager Bikes Agreements concluded with Eager Bikes will be submitted to the competent court of the District Court of Oost-Brabant, location 's-Hertogenbosch.
Article 19 – G dispute settlement and settlement
19.1 Notwithstanding the preceding article of these Terms and Conditions, Buyers have the choice to make use of the the right to submit any dispute regarding offers from Eager Bikes or on the conclusion or implementation of an Agreement with Eager Bikes to the Disputes Committee, provided it concerns an offer or Agreement made or concluded via the internet site or telephone connection.
19.2 A dispute as described in the previous paragraph will only be dealt with by the Disputes Committee if the Buyer has submitted his complaint to Eager Bikes in writing within a maximum of 30 days after the complaint has arisen. submitted.
19.3 Appearance three ( 3) months after the complaint has been submitted to Eager Bikes, the dispute must be submitted in writing to the Disputes Committee. failing which the dispute can no longer be submitted to the Disputes Committee.
< span>19.4 If the Buyer wishes to submit a dispute to the Disputes Committee, Eager Bikes is bound by this choice. If Eager Bikes so wishes, the Buyer will have to state in writing within five (5) weeks after a written request to that effect by Eager Bikes whether he also wishes to do so, or whether he wants the dispute to be handled by the competent court. If Eager Bikes is not informed of the Buyer's choice within the period of five (5) weeks, Eager Bikes is entitled to submit the dispute to the competent court.
19.5 The Disputes Committee makes a decision under the conditions as laid down in the regulations of the Disputes Committee.