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Terms & Conditions

Article 1 - Definitions

In these terms and conditions, the following terms shall have the following meanings:

Supplementary agreement: an agreement under which the consumer acquires products, digital content and/or services in connection with a distance contract, and these goods, digital content and/or services are supplied by the trader or by a third party on the basis of an arrangement between that third party and the trader;

Cooling-off period: the period within which the consumer may exercise their right of withdrawal;

Consumer: the natural person who is not acting for purposes relating to their trade, business, craft or profession;

Day: calendar day;

Digital content: data produced and supplied in digital form;

Continuing performance contract: a contract for the regular supply of goods, services and/or digital content over a specified period;

Durable medium: any means – including email – that enables the consumer or trader to store information addressed personally to them in a way that allows future reference or use for a period appropriate to the purpose for which the information is intended, and which allows for the unaltered reproduction of the stored information;

Right of withdrawal: the consumer’s right to withdraw from the distance contract within the cooling-off period;

Trader: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;

Distance contract: a contract concluded between the trader and the consumer within the framework of an organised system for the distance sale of products, digital content and/or services, whereby, up to and including the conclusion of the contract, exclusive or joint use is made of one or more means of distance communication;

Model withdrawal form: the European model withdrawal form included in Annex I to these terms and conditions. Annex I need not be made available if the consumer has no right of withdrawal in respect of their order;

Means of distance communication: a means that can be used to conclude a contract without the consumer and the trader having to be physically present in the same place at the same time.


Article 2 - Identity of the trader 

Dynamic Bike Care BV
Lulofsstraat 55 (Unit 25), 2521AL The Hague, Netherlands
Telephone number: +31850220362 (working days 9.00–17.00)
Email address: info@dynamicbikecare.com
Chamber of Commerce number: 77626613
VAT identification number: NL861070483B01


Article 3 - Applicability 

  1. These general terms and conditions apply to every offer made by the trader and to every distance contract concluded between the trader and the consumer.
  2. Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the trader shall, before the distance contract is concluded, indicate how the general terms and conditions may be viewed at the trader’s premises and that they will be sent free of charge as soon as possible at the consumer’s request.
  3. If the distance contract is concluded electronically, by way of derogation from 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 medium. If this is not reasonably possible, it shall be indicated, before the distance contract is concluded, where the general terms and conditions can be viewed electronically and that they will be sent free of charge by electronic means or by other means at the consumer’s request.
  4. In the event that, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting terms and conditions, the consumer may always rely on the applicable provision that is most favourable to them.

Article 4 - The offer 

  1. If an offer is valid for a limited period or is subject to conditions, this will be explicitly stated in the offer.
  2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer are not binding on the trader.
  3. Every offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 - The contract

  1. Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and fulfils the conditions set out therein.
  2. If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of the acceptance of the offer electronically. As long as the trader has not confirmed receipt of this acceptance, the consumer may terminate the contract.
  3. If the contract is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer is able to pay electronically, the trader shall observe appropriate security measures to this end.
  4. The trader may, within the legal framework, ascertain whether the consumer is able to meet their payment obligations, as well as all those facts and factors relevant to the responsible conclusion of the distance contract. If, on the basis of this investigation, the trader has good grounds for not entering into the contract, they are entitled to refuse an order or request, stating their reasons, or to attach special conditions to its performance.
  5. The trader shall, at the latest upon delivery of the product, service or digital content to the consumer, provide the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
  6. the visiting address of the trader’s premises where the consumer can submit complaints;
  7. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  8. information regarding guarantees and existing after-sales service;
  9. the price, including all taxes, of the product, service or digital content; where applicable, the delivery costs; and the method of payment, delivery or performance of the distance contract;
  10. the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration;
  11. if the consumer has a right of withdrawal, the model withdrawal form.
  12. In the case of a continuing performance contract, the provision in the previous paragraph applies only to the first delivery.

Article 6 - Right of withdrawal

  1. The consumer may withdraw from a contract relating to the purchase of a product during a cooling-off period of at least 14 days without giving any reason. The trader may ask the consumer for the reason for withdrawal, but may not oblige the consumer to state their reason(s).
  2. The cooling-off period referred to in paragraph 1 commences on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product, or:
  3. If the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by them, has received the last product. The trader may, provided they have clearly informed the consumer of this prior to the ordering process, refuse an order for multiple products with different delivery times.
  4. If the delivery of a product consists of several consignments or parts: the day on which the consumer, or a third party designated by them, received the last consignment or the last part;

Extended cooling-off period for products, services and digital content not supplied on a tangible medium where the right of withdrawal has not been communicated:

  1. If the trader has not provided the consumer with the legally required information regarding the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period determined in accordance with the preceding paragraphs of this article.
  2. If the trader has provided the consumer with the information referred to in the preceding paragraph within twelve months of the start date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.

Article 7 - Obligations of the consumer during the cooling-off period

  1. During the cooling-off period, the consumer shall handle the product and the packaging with care. He shall only unpack or use the product to the extent necessary to ascertain the nature, characteristics and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be permitted to do in a shop.
  2. The consumer is only liable for any reduction in the value of the product resulting from handling the product in a manner that goes beyond what is permitted in paragraph 1.
  3. The consumer is not liable for any reduction in the value of the product if the trader has not provided him with all the legally required information regarding the right of withdrawal before or at the time of concluding the contract.

Article 8 - Exercise of the right of withdrawal by the consumer and associated costs

  1. If the consumer exercises their right of withdrawal, they must notify the trader of this within the cooling-off period using the model withdrawal form or by other unambiguous means.
  2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorised representative of) the trader. This is not required if the trader has offered to collect the product themselves. The consumer shall in any event be deemed to have complied with the return period if they return the product before the cooling-off period has expired.
  3. The consumer shall return the product with all accessories supplied, where reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the trader.
  4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
  5. The consumer shall bear the direct costs of returning the product.
  6. If the consumer exercises their right of withdrawal, all ancillary agreements are automatically terminated.

Article 9 - The trader’s obligations in the event of withdrawal 

  1. If the trader allows the consumer to submit a notice of withdrawal electronically, they shall send an acknowledgement of receipt without delay upon receipt of this notice.
  2. The trader shall reimburse all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without delay but within 14 days of the day on which the consumer notifies the trader of the withdrawal. Unless the trader offers to collect the product themselves, they may wait to refund until they have received the product or until the consumer provides evidence that they have returned the product, whichever is earlier.
  3. The trader shall use the same payment method for the refund as the consumer used, unless the consumer agrees to a different method. The refund shall be free of charge for the consumer.
  4. If the consumer has opted for a delivery method that is more expensive than the cheapest standard delivery, the trader is not required to refund the additional costs for the more expensive method.

Article 10 - Exclusion of the right of withdrawal

The trader may exclude the following products and services from the right of withdrawal, but only if the trader has clearly stated this in the offer, or at least in good time before the conclusion of the contract:

  • Products or services whose price is subject to fluctuations in the financial market over which the trader has no influence and which may occur within the withdrawal period;
  • Contracts concluded during a public auction. A public auction is defined as a method of sale whereby products, digital content and/or services are offered by the trader to the consumer who is physically present or is given the opportunity to be physically present at the auction, under the supervision of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content and/or services;
  • Service contracts, after full performance of the service, but only if:
  • performance has commenced with the consumer’s express prior consent; and
  • the consumer has declared that they will lose their right of withdrawal once the trader has fully performed the contract;
  • Package holidays as referred to in Article 7:500 of the Dutch Civil Code and contracts for the carriage of passengers;
  • Service contracts for the provision of accommodation, where the contract provides for a specific date or period of performance and other than for residential purposes, goods transport, car hire services and catering;
  • Contracts relating to leisure activities, where the contract provides for a specific date or period of performance;
  • Products manufactured to the consumer’s specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;
  • Products that perish quickly or have a limited shelf life;
  • Sealed products which, for reasons of health protection or hygiene, are not suitable for return and whose seal has been broken after delivery;
  • Products which, by their nature, have been irrevocably mixed with other products after delivery;
  • Alcoholic beverages for which the price was agreed upon at the time of concluding the contract, but which can only be delivered after 30 days, and whose actual value depends on market fluctuations over which the trader has no influence;
  • Sealed audio and video recordings and computer software, the seal of which has been broken after delivery;
  • Newspapers, periodicals or magazines, with the exception of subscriptions to these;
  • The supply of digital content other than on a tangible medium, but only if:
  • Performance has commenced with the consumer’s express prior consent; and
  • The consumer has declared that they thereby forfeit their right of withdrawal.

Article 11 - The price

  1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
  2. Notwithstanding the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and over which the trader has no influence, at variable prices. This dependence on fluctuations and the fact that any prices quoted are indicative prices shall be stated in the offer.
  3. Price increases within 3 months of the conclusion of the contract are only permitted if they result from statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the contract are only permitted if the trader has stipulated this and:
    1. they result from statutory regulations or provisions; or
    2. the consumer has the right to terminate the contract with effect from the day on which the price increase takes effect.
  5. The prices stated in the offer of products or services include VAT.
  6. Prices on our website may vary due to promotions, stock fluctuations or market developments. The price applicable at the time of purchase is binding. Once a purchase has been completed, no refund or compensation will be provided if the price of the product subsequently changes, for example due to a promotion or discount.
  7. In exceptional cases, the trader may decide to compensate for a price difference in full or in part with store credit. This applies exclusively to purchases made up to 14 days after the order date and does not constitute an enforceable right for the consumer.

Article 12 - Performance of the contract and additional warranty

  1. The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the statutory provisions and/or government regulations in force on the date the contract is concluded. If agreed, the trader also guarantees that the product is suitable for other than normal use.
  2. Any additional guarantee provided by the trader, their supplier, manufacturer or importer shall in no way limit the statutory rights and claims that the consumer may assert against the trader under the contract should the trader fail to fulfil their part of the contract.
  3. An additional guarantee is understood to mean any undertaking by the trader, their supplier, importer or manufacturer whereby they grant the consumer certain rights or claims that go beyond what they are legally obliged to provide in the event that they have failed to fulfil their part of the contract.

Article 13 - Delivery and performance

  1. The trader shall 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 shall be the address that the consumer has provided to the trader.
  3. Subject to the provisions of Article 4 of these general terms and conditions, the trader shall execute accepted orders with due diligence but no later than within 30 days, unless a different 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. Following termination in accordance with the previous paragraph, the trader shall refund the amount paid by the consumer without delay.
  5. The risk of damage to and/or loss of products remains with the trader until the moment of delivery to the consumer or to a representative designated in advance and notified to the trader, unless expressly agreed otherwise.

Article 14 - Continuing performance contracts: duration, termination and renewal

Termination:

  1. The consumer may terminate a contract entered into for an indefinite period and relating to the regular supply 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 a contract entered into for a fixed term and relating to the regular supply of products (including electricity) or services at any time before 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 contracts referred to in the preceding paragraphs:
    • at any time and not be restricted to termination at a specific time or during a specific period;
    • at least in the same manner as they were entered into by the consumer;
    • always with the same notice period as the trader has stipulated for themselves.

Renewal:

  1. A contract entered into for a fixed term and relating to the regular supply of products (including electricity) or services may not be tacitly renewed or extended for a fixed term.
  2. Notwithstanding the previous paragraph, a contract entered into for a fixed term and relating to the regular supply of daily newspapers, news papers, weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, provided that the consumer may terminate this extended contract by the end of the extension period with a notice period of no more than one month.
  3. A fixed-term contract for the regular supply of goods or services may only be tacitly renewed for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month. The notice period shall not exceed three months where the contract provides for the regular, but less than once-monthly, delivery of daily newspapers, news and weekly newspapers and magazines.
  4. A fixed-term contract for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly renewed and ends automatically at the end of the trial or introductory period.

Duration:

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

Article 15 - Payment

  1. Unless otherwise specified in the contract or supplementary terms and conditions, the amounts owed by the consumer must be paid within 14 days of the start of the cooling-off period, or, in the absence of a cooling-off period, within 14 days of the conclusion of the contract. In the case of a contract for the provision of a service, this period commences on the day after the consumer has received confirmation of the contract.
  2. In the sale of products to consumers, the consumer may never be obliged in the general terms and conditions to make an advance payment of more than 50%. Where an advance payment has been stipulated, the consumer may not assert any rights regarding the performance of the relevant order or service(s) until the stipulated advance payment has been made.
  3. The consumer is obliged to report any inaccuracies in the payment details provided or stated to the trader without delay.
  4. If the consumer fails to meet their payment obligation(s) in a timely manner, they shall, after having been notified by the trader of the late payment and the trader having granted the consumer a period of 14 days to still meet their payment obligations, be liable for statutory interest on the outstanding amount following the failure to pay within this 14-day period, the consumer shall owe statutory interest on the outstanding amount and the trader shall be entitled to charge the extrajudicial collection costs incurred by him. These collection costs shall amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the next €2,500, and 5% on the following €5,000, with a minimum of €40. The trader may deviate from the aforementioned amounts and percentages in favour of the consumer.

Article 16 - Complaints Procedure

  1. The trader has a complaints procedure that has been adequately publicised and handles complaints in accordance with this procedure.
  2. Complaints regarding the performance of the contract must be submitted to the trader within a reasonable time after the consumer has discovered the defects, and must be fully and clearly described.
  3. Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed reply.
  4. The consumer must in any event allow the trader at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute resolution procedure.

Article 17 - Disputes

Dutch law applies exclusively to agreements between the trader and the consumer to which these general terms and conditions relate.

Article 18 - Additional or deviating provisions

Any provisions that are additional to or deviate from these general terms and conditions must not be to the detriment of 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 medium.

In the event of any conflict between these general terms and conditions and mandatory provisions of Dutch consumer law, the statutory provision shall always prevail.