Terms and Conditions
These general terms and conditions are based on:
- Webwinkel Keur
- BOVAG Two-wheeler Companies
- Additional terms Gooff.shop
Terms and conditions Webshop Keur
Index
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion right of withdrawal
Article 9 - The price
Article 10 - Conformity and guarantee
Article 11 - Delivery and execution
Article 12 - Duration transactions: duration, cancellation and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or different provisions
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
1. Reflection period: the period within which the consumer can exercise his right of withdrawal; Read all about the reflection period
2. Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance contract relating to a series of products and/or services, the supply and/or purchase obligation of which is spread over time;
5. Durable medium: any instrument which enables the consumer or the entrepreneur to store information addressed personally to him in a way accessible for 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 cooling-off period;
7. Model form: the model withdrawal form made available by the trader that a consumer can fill out when he wants to exercise his right of withdrawal.
8. Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
9. Distance contract: an agreement concluded between the consumer within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, whereby up to and including the moment the agreement is concluded exclusive use is made of one or more techniques for distance communication;
10. Distance communication technology: means that can be used to conclude an agreement without the consumer and the entrepreneur being in the same place at the same time.
11. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
GOOFF BV
Hooglandse Towpath 8
3434NV NIEUWEGEIN
The Netherlands
T (085) 0 20 60 80
E info@gooff.shop
Chamber of Commerce 89406311
VAT number NL864973354B01
Article 3 - Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders concluded between the entrepreneur and the consumer.
2. Before the conclusion of the distance contract, the text of this general agreement shall be
conditions made available to the consumer. If this is not reasonably possible
the distance contract will be indicated, before the conclusion of the distance contract, that the
general terms and conditions at the entrepreneur and they can be consulted at the request of the consumer
as soon as possible free of charge.
3. If the distance contract is concluded electronically, it may, by way of derogation from the
paragraph and before the conclusion of the distance contract, the text of this
general terms and conditions are made available to the consumer electronically
in such a way that it can be easily accepted by the consumer in a
stored on a durable medium. If this is not reasonably
is possible, will be indicated before the distance agreement is concluded,
where the general terms and conditions can be accessed electronically
and that, at the request of the consumer, they are
free of charge.
4. In the event that, in addition to these general terms and conditions, specific product or product
conditions of services, the second and third paragraphs of the
application and the consumer may, in the event of conflicting general terms and conditions,
always rely on the applicable provision which is most favourable to him.
5. If one or more provisions in these general terms and conditions are at any time fully
or are partially null and void or are annulled, the agreement and this
conditions and the relevant provision will be determined by mutual agreement
Page 2 of 18 shall be replaced immediately by a provision that the purport of the original
as much as possible.
6. Situations that are not regulated in these general terms and conditions must be assessed
"in the spirit" of these Terms and Conditions.
7. Ambiguities about the interpretation or content of one or more provisions of our
terms and conditions, must be interpreted 'in the spirit' of these general terms and conditions.
Article 4 - The offer
1. If an offer is valid for a limited period or is made subject to conditions,
this is explicitly stated in the offer.
2. The offer is without obligation. The entrepreneur is entitled to change and change the offer.
passen.
3. The offer contains a complete and accurate description of the products offered
and/or services. The description is sufficiently detailed to allow a good assessment of the
the offer by the consumer. If the entrepreneur uses
images, these are a true representation of the products offered
and/or services. Obvious errors or errors in the offer shall be binding on the
entrepreneur not.
4. All images, specifications and data in the offer are indicative and cannot be
give rise to compensation or dissolution of the agreement.
5. Images accompanying products are a true representation of the offered
Products. The entrepreneur cannot guarantee that the colors displayed are exactly
match the real colors of the products.
6. Each offer shall contain information in such a way that it is clear to the consumer what the rights and
obligations attached to the acceptance of the offer. This concerns in
In particular:
o the price including taxes;
o any shipping costs;
o the manner in which the agreement will be concluded and what actions
necessary for that purpose;
o whether or not the right of withdrawal applies;
o the method of payment, delivery and execution of the agreement;
o the term for acceptance of the offer, or the term within which the
entrepreneur guarantees the price;
o the level of the rate for distance communication if the costs of the
use of the distance communication technique should be calculated on a
basis other than the regular basic rate for the amount of the
means of communication;
o whether the agreement will be archived after its formation, and if so, on what
it can be consulted by the consumer;
o the way in which the consumer, before concluding the contract,
data provided to him under the contract and to verify the
India;
o any other languages in which, in addition to Dutch, the agreement can be
be closed;
o the codes of conduct to which the entrepreneur has submitted and the manner in which the
consumer can use these codes of conduct by electronic means.
consult; and
Page 3 of 18o the minimum duration of the distance contract in the event of a
expensive transaction.
Article 5 - The agreement
1. Subject to the provisions of paragraph 4, the contract shall be concluded on the
acceptance by the consumer of the offer and the fulfilment of the
conditions.
2. If the consumer has accepted the offer by electronic means, the consumer shall confirm that the
operator shall immediately notify receipt by electronic means of the acceptance of the
offer. As long as the agreement of this acceptance has not been
confirmed, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur shall take appropriate
technical and organisational measures to secure electronic transmission
of data and ensures a secure web environment. If the consumer can use electronic
the entrepreneur will observe appropriate security measures for this purpose.
4. The entrepreneur can - within legal frameworks - find out whether the consumer
obligations and all the facts and factors which are of particular importance to the
are important for a responsible conclusion of the distance agreement. If the
entrepreneur has good grounds on the basis of this investigation not to terminate the
he is entitled to refuse an order or application or to submit to the
special conditions.
5. The entrepreneur will provide the following information with the product or service to the consumer,
in writing or in such a way that it is provided by the consumer in an accessible manner
can be stored on a durable data carrier, enclose:
o the visiting address of the entrepreneur's establishment where the consumer
complaints;
o the conditions under which and the manner in which the consumer of the
right of withdrawal, or a clear statement regarding the right of withdrawal,
are excluded from the right of withdrawal;
o the information about warranties and existing after-sales service;
o the information included in Article 4 paragraph 3 of these terms and conditions, unless the
entrepreneur has already provided this information to the consumer before the
performance of the agreement;
o the requirements for termination of the contract if the contract is a
duration of more than one year or of indefinite duration.
6. In the case of a long-term transaction, the provision in the previous paragraph shall only apply to the
first delivery.
7. Each agreement shall be entered into under the conditions precedent of sufficient
availability of the products in question.
Article 6 - Right of withdrawal
When delivering products:
1. When purchasing products, the consumer shall have the option of cancelling the contract without
Statement of reasons for a period of 14 days. This reflection period starts with the
day after receipt of the product by the consumer or a prior notice by the consumer
designated representative and made known to the entrepreneur.
2. During the cooling-off period, the consumer will handle the product and the product with care
packaging. He will only unpack or use the product to the extent that this is
Page 4 of 18 is necessary to be able to judge whether he wishes to keep the product. If he has changed his
right of withdrawal, he shall return the product with all accessories and accessories supplied.
if reasonably possible - in the original condition and packaging to the entrepreneur
return, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. If the consumer wishes to exercise his right of withdrawal, he is obliged to do so
to be made known to the entrepreneur within 14 days of receipt of the product. It
must be made known by the consumer by means of the model form or by means of the
other means of communication such as by e-mail. After the consumer has made it known that the
wishes to make use of his right of withdrawal, the customer must return the product
within 14 days. The consumer must prove that the delivered goods
have been returned in a timely manner, for example by means of proof of postage.
4. If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not made known the
wish to exercise his right of withdrawal or not to comply with the product in the
entrepreneur, the purchase is a fact.
When providing services:
1. In the case of the provision of services, the consumer shall have the option of cancelling the contract without
statement of reasons for at least 14 days, commencing on the day of
entering into the agreement.
2. To exercise his right of withdrawal, the consumer shall comply with the
reasonable and reasonable and
clear instructions.
Article 7 - Costs in case of withdrawal
1. If the consumer makes use of his right of withdrawal, the costs shall not exceed
of return at his expense.
2. If the consumer has paid an amount, the entrepreneur will pay this amount as soon as possible
but no later than 14 days after withdrawal. However, the
provided that the product has already been received back by the merchant or
proof of complete return can be provided. Reimbursement will be made via
the same payment method used by the consumer, unless the consumer
expressly authorizes another payment method.
3. In the event of damage to the product due to careless handling by the consumer himself, the
consumer liable for any loss of value of the product.
4. The consumer cannot be held liable for any reduction in the value of the
product where the trader does not provide all the legally required information on the
right of withdrawal, this must be done before the conclusion of the
koopovereenkomst.
Article 8 - Exclusion right of withdrawal
1. The entrepreneur can exclude the consumer's right of withdrawal for products such as
described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the
the entrepreneur clearly states this in the offer, at least in time for the conclusion of the
agreement.
2. Exclusion of the right of withdrawal is only possible for products:
o which have been established by the entrepreneur in accordance with specifications
of the consumer;
Page 5 of 18o which are clearly personal in nature;
o which by their nature cannot be returned;
o that can spoil or age quickly;
o the price of which is linked to fluctuations in the financial market at which the
the entrepreneur has no influence;
o for loose newspapers and magazines;
o for audio and video recordings and computer software for which the consumer has the
sealing;
o for hygienic products of which the consumer has the seal
verbroken.
The
3. Exclusion of the right of withdrawal is only possible for services:
o to carry out accommodation, transport, restaurant business or leisure activities
on a specific date or during a certain period;
o the delivery of which is with the express consent of the consumer
before the cooling-off period has expired;
o Betting and lotteries
Article 9 - The price
1. During the period of validity indicated in the offer, the prices of the
products and/or services offered, except for price changes as a result of the
changes in VAT rates.
2. By way of derogation from the previous paragraph, the trader may
fluctuations in the financial market and where the entrepreneur has no
with variable prices. This dependence on fluctuations
and the fact that any prices listed are indicative prices are stated with the offer.
3. Price increases within 3 months after 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 applicable to
permitted if the entrepreneur has stipulated this and:
o they are the result of statutory regulations or provisions; or
o the consumer has the right to terminate the agreement with effect from
day on which the price increase takes effect.
The
5. The prices mentioned in the offer of products or services are inclusive of VAT.
6. All prices are subject to printing and typesetting errors. For the consequences of pressure – and
typographical errors are not accepted. In the event of printing and typesetting errors, the entrepreneur is
not obliged to deliver the product according to the incorrect price.
Article 10 - Conformity and guarantee
1. The entrepreneur guarantees that the products and/or services comply with the
agreement, the specifications stated in the offer, to the reasonable requirements of
reliability and/or usability and the on the date of the conclusion of the
legal provisions and/or government regulations. If
agreed, the entrepreneur also guarantees that the product is suitable for
other than normal use.
Page 6 of 182. A warranty provided by the trader, manufacturer or importer does not affect the
legal rights and claims that the consumer may have under the contract
can assert against the entrepreneur.
3. Any defects or incorrectly delivered products must be returned within 2 months of delivery
to be reported to the entrepreneur in writing. Return of the products must be
be made in the original packaging and in new condition.
4. The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. The
economic operator is never responsible for the ultimate suitability of the
products for each individual application by the consumer, nor for any
advice regarding the use or application of the products.
5. The warranty does not apply if:
o the consumer has repaired and/or processed the delivered products himself, or
has had it repaired and/or edited by third parties;
o the products supplied have been exposed to abnormal conditions or
otherwise treated negligently or contrary to the instructions
and/or on the packaging;
o the defectiveness is wholly or partly the result of regulations that the
government has made or will make with regard to the nature or quality of the
applied materials.
Article 11 - Delivery and execution
1. The entrepreneur will exercise the greatest possible care when receiving the
and in the execution of orders for products and in the assessment of
requests for the provision of services.
2. The place of delivery is the address that the consumer has known to the company
gemaakt.
3. Subject to the provisions of paragraph 4 of this Article, the company shall
execute accepted orders expeditiously, but no later than within 30 days,
unless the consumer has agreed to a longer delivery period. If the delivery
delay, or if an order cannot be placed or can only be partially
consumer will receive this no later than 30 days after he has placed the order.
has posted a message. In that case, the consumer has the right to cancel the contract
without dissolving costs. The consumer is not entitled to compensation.
4. All delivery times are indicative. The consumer can meet any mentioned time limits.
do not derive any rights. Exceeding a time limit does not entitle the consumer to
compensation.
5. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur shall pay the amount that the
consumer has paid as soon as possible, but no later than 14 days after dissolution,
pay back.
6. If delivery of an ordered product proves to be impossible, the entrepreneur will
make an effort to make a replacement item available. At the latest on delivery,
be notified in a clear and comprehensible manner that a replacement item is being delivered.
In the case of replacement items, the right of withdrawal cannot be excluded. The cost of
any return shipment will be at the expense of the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur until the
delivery to the consumer or a pre-designated and designated
entrepreneur, unless expressly stated otherwise
agreed.
Page 7 of 18Article 12 - Duration transactions: duration, termination and extension
cancellation
1. The consumer may enter into a contract of indefinite duration and the purpose of which is to
the regular delivery of products (including electricity) or services, to be
terminate at any time with due observance of the agreed termination rules and
a notice period of no more than one month.
2. The consumer may enter into a contract concluded for a fixed period and the purpose of which is to
the regular delivery of products (including electricity) or services, to be
terminate at any time towards the end of the specified period with due observance of the
agreed termination rules and a notice period of no more than one month.
3. The consumer may use the contracts referred to in the preceding paragraphs:
o terminate at any time and not be limited to termination at a specified time of
time or in a certain period;
o at least cancel in the same way as they entered into by him;
o always cancel with the same notice period as the entrepreneur has for himself
stipulated.
The
extension
1. An agreement that has been entered into for a fixed period and that is intended to regulate the
supply of products (including electricity) or services, may not be
tacitly renewed or renewed for a specified period.
2. By way of derogation from the previous paragraph, an agreement entered into for a fixed period and
which is intended to provide regular delivery of daily, news and weekly newspapers and magazines
tacitly renewed for a fixed period of up to three months, if the
consumer can terminate this extended agreement at the end of the renewal
with a notice period of no more than one month.
3. An agreement that has been entered into for a fixed period and that is intended to provide
delivery of products or services, may only be tacitly used for an indefinite period of time.
if the consumer may terminate at any time with a notice period of at least
a maximum of one month and a notice period of no more than three months in the event that the
Agreement is for the regular, but less than once a month, delivery of
daily, news and weekly newspapers and magazines.
4. An agreement with a limited duration to regularly deliver daily services for the purpose of acquaintance
,
magazines (trial or introductory subscription) will not be
shall be tacitly continued and shall end automatically at the end of the trial or
kennismakingsperiode.
Duration
1. If a contract has a duration of more than one year, the consumer may
the agreement at any time with a notice period of no more than one month
unless reasonableness and fairness preclude termination before the end of the
to postpone the agreed duration.
Page 8 of 18Article 13 - Payment
1. Unless otherwise agreed, the amounts payable by the consumer shall be
within 7 working days after the start of the reflection period as referred to in the
referred to in Article 6(1). In the case of a contract for the provision of a service,
period starts after the consumer has received confirmation of the contract.
Received.
2. The consumer has the obligation to correct inaccuracies in the payment details provided or stated
to the entrepreneur without delay.
3. In the event of non-payment by the consumer, the entrepreneur has the right to
restrictions, the right to have the reasonable costs notified to the consumer in advance
.
Article 14 - Complaints procedure
1. The entrepreneur has a sufficiently publicized complaints procedure and
handle the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be completed and completed within 2 months.
clearly defined must be submitted to the entrepreneur, after the consumer has received the
defects.
3. Complaints submitted to the entrepreneur will be counted within a period of 14 days
from the date of receipt. If a complaint has a foreseeably longer
processing time, the entrepreneur will be informed within the period of 14 days
reply with an acknowledgment of receipt and an indication when the consumer has received a
more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that
dispute settlement.
5. In the event of complaints, a consumer must first contact the entrepreneur. If the
The online store is affiliated with WebwinkelKeur and in case of complaints that are not resolved mutually
If the problem cannot be resolved through consultation, the consumer should contact
WebwinkelKeur (www.webwinkelkeur.nl), this will mediate for free. Check whether this
webshop has a current membership via https://www.webwinkelkeur.nl/ledenlijst/.
If a solution is still not reached, the consumer has the right to
option to have his complaint handled by WebwinkelKeur
appointed independent disputes committee, the decision of which is binding and both
Entrepreneur and consumer agree to this binding decision. Submitting
of a dispute to this disputes committee, costs are associated with which the
consumer must be paid to the relevant commission.
6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur
indicates otherwise in writing.
7. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will
its choice whether to replace or repair the delivered products free of charge.
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, even if the consumer resides abroad.
2. The Vienna Sales Convention does not apply.
Article 16 - Additional or different provisions
Additional or deviating provisions from these general terms and conditions may 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 data carrier.
Algemene voorwaarden Bovag
Two-wheeler companies purchase / repair & maintenance
DEFINITIONS
In these general terms and conditions:
• two-wheeler: all types of (electric) bicycles, mopeds, mopeds, motorcycles
(including motor scooter) and scooters (including mopeds), with or without sidecars;
• the two-wheeler to be purchased: the two-wheeler that has been purchased by the
consumer is sold to the entrepreneur, also known as a trade-in (moped or moped) bicycle/
called a scooter/motorcycle;
• the agreement: the agreement for the purchase and sale of a new or used
two-wheeler, parts or accessories;
• the entrepreneur: natural or legal person of Bicycle Companies/ Motorized
Two-wheeler companies enter into an agreement concerning a new or used
parts or accessories, or the person who, in relation to a two-wheeler,
parts or accessories carries out or has carried out an order from a consumer;
• the consumer: a natural person who acts for purposes that are outside his or her business or
professional activity and who enters into a purchase agreement or assignment in relation to the
to a new or used two-wheeler, parts or accessories;
• the assignment: the agreement concluded with the consumer for the performance of
work such as assembly, disassembly, repair or maintenance work,
voluntary or statutory inspections, damage assessments or emergency repairs, being temporary
rather than a traditional more permanent way of fixing a defect.
repair. Emergency repairs are intended to help consumers get back on track;
• non-avoidable costs: all costs that are not optional for the consumer and that are not
necessary to drive away with the purchased two-wheeler. These costs should be included in the
indicated price of both the new and the used two-wheeler. In the
in practice, this means that for each new two-wheeler, at least the VAT, the recycling
the cost of a zero service, the cost of transport to the dealer is already included in the
indicated price. With newly registered two-wheelers, there are also
also included the fees and costs of the registration number in the indicated price and
a new motorcycle, the price also includes bpm;
• avoidable costs: optional, additional agreed costs for the consumer.
These costs do not automatically have to be included in the indicated price of the two-wheeler
such as additional purchased accessories or parts;
• in writing: in writing or electronically
• Warranty:
1. the warranty provided by the manufacturer, importer or entrepreneur on those two-wheelers, parts of the
and accessories;
Page 10 of 182. warranty described in the BOVAG Warranty Certificate for a used
motorcycle/scooter/moped/moped or the BOVAG Warranty Certificate for a used
bicycle that can be provided by the entrepreneur;
3. on work: the BOVAG repair and maintenance warranty.
Article 1 - Applicability
These General Terms and Conditions apply to all agreements and assignments concluded between
the entrepreneur and the consumer are closed.
PURCHASE
Article 2 - The offer
1. The entrepreneur makes an offer orally or in writing. The offer is accompanied by the
General.
2. This offer gives a complete and precise description of the offer, i.e. the price and the
rights and obligations of the consumer and the entrepreneur. The description of the offer
is sufficiently detailed to allow a proper assessment of the offer by the consumer
to make.
3. The offer states the price of the offered two-wheeler, the offered part, or the
Offered accessory. The price of a two-wheeler offered includes the non-avoidable
kosten.
4. If the entrepreneur uses images of the two-wheeler, part or accessory
then they are truthful.
5. Obvious mistakes in the offer do not bind the entrepreneur.
6. The consumer must accept within the period set by the entrepreneur. Isn't there a
the consumer must accept immediately.
Article 3 - The agreement
The entrepreneur records the agreement in writing and gives the consumer a copy of it.
Article 4 - The content of the agreement
1. The written agreement shall in any case state:
• the identity of the entrepreneur such as trade name, business address, telephone number and e-mail
Address;
• the description of the two-wheeler, parts or accessories
• the price and description of the two-wheeler to be purchased including parts or
accessories;
• the price of the two-wheeler including accessories at the time of purchase. The price is
including the non-avoidable costs. The agreement indicates whether it is a fixed or a fixed
non-fixed price; or:
• the price of a separately purchased part or accessory;
• the avoidable costs of buying a two-wheeler;
• the reference to the guarantee provisions whereby the entrepreneur or a third party such as the
manufacturer or importer acts as guarantor. Insight is given into the
warranty provisions of this third party;
• the method of payment;
• the delivery date and whether this is a probable or fixed date. If there is no delivery date
has been agreed, the two-wheeler, part or accessory will in any case be
days after the conclusion of the agreement.
2. The entrepreneur states in the purchase agreement for a new electric bicycle:
• a reasonable indication of the battery replacement cost at the time of purchase
Page 11 of 18• and a reasonable indication of the life and range of the battery at the time of purchase.
The actual lifespan and range of an electric bike depends on factors
such as rider weight, wind strength, tire pressure and always timely and correct charging of the
battery. With the aging of the battery, this range decreases noticeably.
Article 5 - Price changes
1. If there is a fixed price, the entrepreneur cannot increase the price after the
agreement, unless there is a change in a charge by the Member States,
government, in any case this means a modified tax or excise duty.
2. If the agreement itself shows that there is a non-fixed agreed price, then
the entrepreneur can change the price on the basis of a change in: a levy by the government,
factory prices, importer prices or currency exchange rates. The entrepreneur brings the consumer so quickly
may be aware of a price change and the reason for this. In the event of a price increase, the
consumer dissolve the agreement within ten days, unless the price increase is the result of
a change in a levy from the government.
3. If an entrepreneur has indicated that the price is not fixed, he must also make changes to the
benefit of the consumer in the price.
4. If the entrepreneur has been given notice of default pursuant to Article 7, but the period set has not yet been
has not expired, only a price increase resulting from a change in a levy by the Member State
government.
5. As soon as the entrepreneur is in default, no price increase may be passed on.
Article 6 - The risk to the two-wheeler
1. Is the purchased two-wheeler broken or lost before the two-wheeler reaches the consumer?
then this is at the expense and risk of the entrepreneur.
2. Is the two-wheeler to be purchased broken or lost before the trade-in two-wheeler is sold to the entrepreneur?
is delivered, this is at the expense and risk of the consumer.
Article 7 - Delivery and default
1. In the case of a fixed delivery date, the entrepreneur is in default as soon as that date has passed.
2. In the event of a probable delivery date, the consumer must first inform the entrepreneur in writing
(reminder). This means that the entrepreneur will still have to pay a
period of three weeks to deliver. If the entrepreneur has purchased the two-wheeler, part or
accessory has not yet been delivered after the expiry of this period, the entrepreneur is in
verzuim.
3. In these cases, no formal notice by the consumer is required:
• as an entrepreneur has indicated that he will not be delivering;
• if delivery before the agreed delivery date is essential, given the circumstances
when concluding the contract, for example because the consumer has not allowed this to be
whether because the two-wheeler, component or accessory is needed for a special
gelegenheid.
Article 8 - Consequences of default
1. If the entrepreneur is in default on the basis of Article 7, the consumer may terminate the agreement
ontbinden.
2. Furthermore, the consumer can request compensation for his damage, unless the entrepreneur has an appeal
force majeure.
Article 9 - Cancellation
1. The consumer can cancel the agreement, even if the entrepreneur is not in default.
2. Cancellations can be made up to the purchased two-wheeler, part or accessory, or to the
Page 12 of 18two-wheeler has been delivered and cancellation must be done in writing.
3. The consumer must compensate all damage caused by the cancellation. This damage was determined on
15% of the total purchase price of the two-wheeler, part or accessory, unless the parties
agreement otherwise.
4. The damage must be paid within ten days of cancellation. If the consumer has been
has not paid for days, the entrepreneur may notify the consumer in writing that the consumer
must still comply with the agreement. The consumer can therefore no longer rely on the
Cancel.
REPAIR AND MAINTENANCE
Article 10 - Quotation and time limit
1. The assignment for work is preferably recorded in writing. The entrepreneur gives
a quotation and a delivery date in advance. This quotation and delivery date is
presumably unless the consumer and the repairer have agreed that there is a
fixed price or a fixed delivery date.
2. At a target price of €20 or more agreed for a bicycle repair, an increase of
this target price is a maximum of 10%. Otherwise, the entrepreneur will have to pay the imminent cost increase by
the consumer. For other two-wheelers, the repair amount must be
at least €50. If the approximate repair amount is higher than €150, then there must already be
In the event of an imminent cost increase of 10%, contact will be sought.
3. The consumer may terminate the assignment at any time. The costs that the entrepreneur currently
termination and the work that has already been completed by then must be
be paid.
4. The entrepreneur will report it immediately if the work is about to be completed later
then the delivery date. The entrepreneur also tells when the work will be completed.
5. If a fixed delivery date is exceeded, the consumer is entitled to a reasonable
compensation, unless there is force majeure on the part of the entrepreneur.
Article 11 - The account
An itemized invoice is issued for the work carried out.
Article 12 - Stalling costs
1. If the consumer does not collect the two-wheeler within two weeks of being notified
that the repair is ready, the entrepreneur can claim compensation for storage costs in the
Charge
2. The storage costs are the costs that are normally charged by the entrepreneur
. If there are no fixed storage costs, the entrepreneur will charge a reasonable fee.
Article 13 - Right of retention
1. The entrepreneur can exercise a right of retention on the two-wheeler, part or accessory. This
means that the entrepreneur will not return the two-wheeler, part or accessory until the
consumer has paid the bill for this or previous work or other costs.
2. The entrepreneur may also exercise the right of retention if the dispute about the work
referred to the Disputes Committee for Two-wheelers referred to in Article 22, or to the
unless the consumer has provided sufficient (substitute) security, for example by providing
deposit in the deposit with the Disputes Committee.
Article 14 - Replaced parts
1. If a consumer asks for the old parts in the order, he will receive them after the
in his possession.
Page 13 of 182. When a warranty claim has to be settled between the entrepreneur and a
such as a manufacturer or an importer, the entrepreneur can refuse to accept the
parts.
3. If the consumer has not requested the parts, or has not requested them in time, the
replaced parts also owned by the trader, without the consumer having to pay a fee
for this.
GUARANTEE
Article 15 - Warranty on purchased two-wheelers and parts/accessories
1. In addition to warranty, the consumer also has legal rights, because he bought as a consumer
has. Entrepreneur guarantees that the delivered product complies with the agreement
(conformity). The entrepreneur also guarantees that the product has those properties that,
necessary for normal use, taking into account all the circumstances, as well as for the
a special use insofar as this has been agreed. In the event of a warranty repair
referred to in this article and in Article 16, the entrepreneur shall provide an appropriate solution for the
transport problems of consumers.
2. The manufacturer or importer gives a manufacturer's warranty on new two-wheelers and on new parts.
In addition, a consumer still has his legal rights.
3. The entrepreneur grants a minimum of six months BOVAG Warranty on used two-wheelers, unless
the consumer has expressly declared in writing that he waives the BOVAG Warranty. It must be
minimum purchase amounts, see paragraph 4.
4. The purchase price of a used bicycle must be €250 or more. The purchase price
of a used moped, scooter and light moped, at least half of the original
list price of this two-wheeler. The purchase price of a used motorcycle must be
at least 35% of the original list price of this motorcycle if the
purchase amount is at least €3000.
5. BOVAG Warranty is never provided on separately delivered used parts. Defects that are
originating outside the European Economic Area (EEA) are not covered by the warranty on used
two-wheelers, unless the consumer proves that the defects were not caused by the EEA
conditions, such as relatively inferior road conditions or fuel from a poorer
kwaliteit.
Article 16 - BOVAG repair and maintenance warranty on two-wheeler, part, accessory
1. On the basis of the law on conformity, the entrepreneur guarantees that the
work is in line with the assignment and is carried out with good craftsmanship and
using proper material.
2. The entrepreneur guarantees within the European Economic Area and in the case of bicycles/
mopeds/scooters/mopeds, parts or accessories for three months after the
delivery of this repaired or serviced two-wheeler, part, or accessory that is
assignments have been carried out properly by him, or that he has had the assignments carried out properly and
that good materials have been used. For motorcycles, parts or accessories, the
entrepreneur the same, but for six months.
3. Exceptions are possible that do not apply to the warranty:
a. Is it (not excessive) wear e.g. on tires or gears, or defects
due to improper maintenance that has not been done in accordance with the factory regulations, for example, that
has not been performed by (or on behalf of the entrepreneur), this warranty does not apply.
b. This warranty also does not apply if the consumer has used materials, parts or accessories himself
to be used by the entrepreneur. This warranty does not apply even if the
consumer the use of a certain material/part/accessories that the entrepreneur
would not have used it otherwise. When the entrepreneur's consumer has determined certain
Page 14 of 18methods of carrying out work, the warranty does not apply if the
deviates from the method that the entrepreneur would otherwise have wanted to follow.
The consequences of defects or unsuitability of such parts, materials, accessories, or
working methods are therefore at the expense and risk of the consumer, unless the entrepreneur is
expertise or in his due care in the execution of the
werkzaamheden.
c. If the consumer requests the entrepreneur to make an emergency repair to the two-wheeler, part or
accessory, no warranty is given.
d. The consumer reports as soon as possible after discovering a problem that he has problems with the
repaired or serviced two-wheeler, part or accessory. Let consumers
after this, this could (if that is reasonable in view of the circumstances) result in the
consumer can no longer successfully invoke the warranty.
e. If the entrepreneur does not get a chance from the consumer to solve problems with the
repaired or serviced two-wheeler, parts or accessories yourself, the
consumer also do not invoke warranty. Unless the situation in paragraph 4 occurs.
f. If a third party works on the two-wheeler repaired or maintained by the entrepreneur,
component or accessory, the consumer may not - unless the situation referred to in paragraph 4 arises
claim warranty because of this work. However, the consumer does have a profession
warranty when the work of a third party has nothing to do with the work that the entrepreneur has already
had previously carried out this part or accessory or had it carried out.
4. An exception to paragraph 3(e) and (f) may arise if there is an immediate need to rectify the
is a repaired or maintained two-wheeler. The emergency must then be located at a location
that is not close to the business premises of the entrepreneur. Consumers must use this
necessity. The consumer can do this with data from the other company or
with the broken two-wheeler parts. Is used within the national borders of the Netherlands by a
company has been restored, this company must be a member of BOVAG, unless there is no BOVAG member nearby
and consumer and entrepreneur agreed that this requirement could be abandoned. If the
emergency outside the national borders of the Netherlands and the two-wheeler has been
third company established abroad, the costs of this foreign third party shall be
up to a maximum of the price level as it applies in the entrepreneur's business.
GENERAL PROVISIONS
Article 17 - Payment
1. Payment must be made in cash or by credit to the entrepreneur's bank account.
Payment must be made at the time of delivery of the two-wheeler, part or
accessory or when delivering the work.
2. Entrepreneur and consumer can agree in writing that payment does not have to be made immediately.
become. If no exact payment date is determined, the payment term is one month.
3. The consumer must pay the amount due before the expiry of the payment date.
If he does not do so, the entrepreneur will send a free payment reminder after that date and
he shall give the consumer the opportunity to submit the
payment reminder to pay the outstanding amount.
4. If payment has still not been made after the expiry of the payment reminder, the entrepreneur may
charge interest from the time of default. This interest is equal to the statutory
rente.
5. Collection costs may also be charged for extrajudicial costs. The
The amount of these costs is subject to (legal) limits. This can be done to the advantage of the
consumer are deviated from.
Page 15 of 18Article 18 - Retention of title on a two-wheeler
The two-wheeler delivered to the consumer remains the property of the entrepreneur until the consumer
paid everything he had to pay on the basis of the purchase agreement. Until the consumer
has paid for everything, he must take out insurance against total or partial loss (casco
coverage two-wheeler). He must also have the maintenance carried out on the two-wheeler at his expense.
Consumer must have at least third-party liability for the motorized two-wheeler (including the high-speed e-bike)
insure. The consumer is liable as the owner and rider of the two-wheeler.
Article 19 - Distance/off-premises
The consumer has rights and obligations arising from the provisions for contracts between
see Book 6 Title 5 Section 2b of the Dutch Civil Code. This only applies when a
agreement/assignment was concluded at a distance and outside business premises, within the meaning of 6: 230g of the Dutch Civil Code.
The statutory provisions then apply in addition to and in derogation from these general
requirements.
Article 20 - Derogations
Deviations, and thus also additions or extensions of these general terms and conditions,
shall only be valid if they have been recorded in writing by both parties and are
where such derogations do not place the consumer in a less favourable position than that of the
he or she would have without these abnormalities. Deviations from the BOVAG Warranty Certificate and from the
BOVAG repair and maintenance warranty are invalid.
Article 21 - Mediation procedure
1. A consumer who has complaints about the sale of a used two-wheeler or about the
implementation of the BOVAG repair and maintenance warranty must therefore first be
entrepreneur.
2. If it appears that the consumer is not satisfied with the result of the complaint handling by the
entrepreneur, the following applies: the consumer can submit a dispute within six weeks of the
to BOVAG Mediation. The mediation attempt will be made in accordance with a set of rules that
parties in advance. The address of BOVAG Mediation is: P.O. Box 1100, 3980 DC, in
Bunnik. Tel. 030 65 95 395. This mediation scheme applies to complaints about the sale of a
used two-wheeler applies. The consumer should only be entitled to
BOVAG Warranty as referred to in article 15. Of course, the consumer can also choose to use the
complaint to the disputes committee. If consumers can rely on a
parts or accessories issued by the manufacturer or importer on a new two-wheeler
warranty, an appeal to BOVAG mediation is not possible.
Article 22 - Dispute settlement
1. If there is a dispute about the way in which the assignment or the agreement was concluded
or has been carried out, the consumer or the entrepreneur can submit it to the Disputes Committee
Two-wheelers. Address: The Disputes Committee, P.O. Box 90600, 2509 LP in The Hague (visiting address
Borderwijklaan 46, 2591 XR in The Hague). At that time, the consumer can also choose to
to take his dispute to court.
2. This dispute settlement procedure only applies to disputes between consumers and members of BOVAG
Bicycle companies/motorized two-wheeler companies. It also applies only to:
a. the agreement for the purchase and sale of a new two-wheeler, part or accessory. This
unless the consumer complains on the basis of a complaint made by the manufacturer or importer of the
two-wheeler, part or accessory issued;
b. the contract for the purchase and sale of a used two-wheeler in which the consumer does not
has expressly declared in writing that he waives BOVAG Warranty. The purchase price of the used
motorcycle may not be less than 35% of the original list price and must be
Page 16 of 18 be at least €3000. The purchase price of the used moped, scooter and moped may not be
are less than half the list price in the year of manufacture of the two-wheeler. The purchase price of
the bicycle used may not be less than €250;
c. the agreement on which the BOVAG Regulations referred to in Article 16 of these General Terms and Conditions
repair and maintenance warranty applies.
3. The dispute must be submitted within twelve months of the date on which the consumer has submitted the
has complained to the Disputes Committee for Two-wheelers. Is this choice
for the disputes committee, the consumer can then only go to the
court, after the disputes committee declares itself incompetent or inadmissible, or
to marginally reject a binding opinion issued by the Disputes Committee by the court in a timely manner.
tested. Engagement can be done in writing, or in another form specified by the
Disputes Committee for Two-wheelers to be determined. A dispute exists after the
complaint handling by the entrepreneur and/or through the mediation attempt of BOVAG Mediation
has not been successful.
4. The Disputes Committee for Two-wheelers will make a decision in the form of a binding opinion. This
is done in accordance with rules that are notified to both parties to the dispute in advance.
These regulations are part of these agreements between the consumer and the BOVAG member.
5. For the handling of the dispute by the Disputes Committee for Two-wheelers, the
pay a fee.
6. A decision of the Disputes Committee for Two-wheelers can no longer be challenged by a judge
more than two months have elapsed since it was dispatched and no appeal has been made to the
the ordinary judge is done.
Article 23 - Guarantee of performance
BOVAG guarantees compliance with the binding advice of the disputes committee by
the entrepreneur who is affiliated with BOVAG. However, this is not the case if the entrepreneur decides to
submit the binding opinion to the court for review within two months and the court
declares the binding opinion non-binding and the judgment can no longer be challenged.
The guarantee is valid up to €450 and under the condition that the consumer can claim his claim on the
entrepreneur to BOVAG. For amounts greater than €450, BOVAG will pay for the excess
try to persuade the entrepreneur to pay through the courts. If that succeeds, it will be
collected above €450 to the consumer. BOVAG does not provide any
performance guarantee if one of these situations applies before the consumer has paid
formal collection requirements (payment of complaint fee, return completed and
signed questionnaire and any deposit deposit) that are necessary for the processing of the
taking the dispute. It concerns the situation of bankruptcy, suspension of payments or
business termination of the entrepreneur. The latter situation is determined by the date on which the
business termination is registered in the Trade Register or an earlier date, of which BOVAG
can make it plausible that the business activities have actually ended. BOVAG does turn a
amount up to a maximum of €450 per dispute if the bankruptcy or suspension of payments has been declared or the
entrepreneur has terminated its business after the consumer has complied with the
innamevereisten.
Article 24 - Processing of personal data
The consumer's personal data that is mentioned on the contract or the assignment
are processed by the entrepreneur in accordance with the General Regulation (GDPR)
Data protection. On the basis of this processing, the entrepreneur can:
• carry out the assignment or execute the purchase agreement and its warranty obligations
to the consumer;
• to provide the consumer with the best possible service;
Page 17 of 18• in the event of a legitimate interest, provide him with product information in a timely manner and
make personalized offers. Against processing for the purpose of direct mailing
any objection to be lodged by the consumer with the entrepreneur
gehonoreerd.
Article 25 - Choice of law
This agreement is governed by Dutch law.
Additional Terms GOOFF.shop
Art.1 - Liability
1. The entrepreneur is only liable for any damage suffered by the consumer if
and insofar as that damage is caused by intent or deliberate recklessness.
2. If the entrepreneur is liable for any damage, it is only liable for
direct damage arising from or in connection with the performance of an agreement.
3. The entrepreneur is never liable for indirect damage, such as consequential damage, loss of
profits, lost savings or damage to third parties.
4. If the entrepreneur is liable, this liability shall be limited to the amount that the
is paid out by a taken out liability insurance policy and, in the absence of
(full) payment by an insurance company of the amount of the claim, the
liability limited to the (part of the) invoice amount on which the
liability.
5. All images, photographs, colours, drawings, descriptions on the website or in a
catalogue are only indicative and approximate and cannot give rise to any
compensation and/or (partial) dissolution of the agreement and/or
Suspension of any obligation.
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