Corbin.nl
NLENDE

General Terms & Conditions

These general terms and conditions apply as of 1 January 2023 to all sales and transactions carried out by Bike-Barn B.V.

Definitions:

  • two-wheeler: all types of (electric) bicycles, mopeds, light mopeds, motorcycles (including motor scooters) and scooters (including moped scooters), with or without a sidecar;
  • the two-wheeler to be traded in: the two-wheeler that, as part of the agreement, is sold by the consumer to the trader, also referred to as the trade-in (moped or light moped) bicycle/scooter/motorcycle;
  • the agreement: the purchase and sale agreement for a new or used two-wheeler, parts, or accessories;
  • the trader: the natural or legal person who, as an employee and authorized representative of Bike-Barn B.V., enters into an agreement regarding a new or used two-wheeler, parts, or accessories, or the person who carries out or has carried out an assignment from a consumer regarding a two-wheeler, parts, or accessories;
  • the consumer: the natural person acting for purposes outside their trade or professional activity who enters into a purchase agreement or assignment regarding 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;
  • unavoidable costs: all costs that are not optional for the consumer and that are necessary to ride away on the purchased two-wheeler;
  • avoidable costs: optional, additionally agreed costs for the consumer;
  • in writing: on paper or electronically;
  • the warranty:
    • the warranty provided by the manufacturer, importer, or trader on those two-wheelers, parts, and accessories;
    • the warranty described in articles 15 and 16.

Article 1 – Applicability

These General Terms and Conditions apply to all agreements and assignments concluded between the trader and the consumer.

PURCHASE

Article 2 – The offer

  1. The trader makes an offer verbally or in writing. The offer is accompanied by the general terms and conditions.
  2. This offer provides a complete and accurate description of the offering, including the price and the rights and obligations of the consumer and the trader.
  3. The offer states the price of the two-wheeler, part, or accessory being offered. The price of an offered two-wheeler includes all unavoidable costs.
  4. If the trader uses images of the two-wheeler, part, or accessory, these must be truthful.
  5. Obvious errors in the offer are not binding on the trader.
  6. The consumer must accept within the deadline set by the trader. If no deadline has been given, the consumer must accept immediately.

Article 3 – The agreement

The trader records the agreement in writing and provides the consumer with a copy.

Article 4 – The content of the agreement

The written agreement shall at least include:

  1. the identity of the trader, such as the trade name, registered address, telephone number, and email address;
  2. the description of the two-wheeler, parts, or accessories;
  3. the price and description of the two-wheeler to be traded in, including parts or accessories;
  4. the price of the two-wheeler including accessories at the time of purchase;
  5. the reference to the warranty provisions;
  6. the method of payment;
  7. the delivery date and whether this is an estimated or fixed date.

Article 5 – Price changes

  1. If a fixed price has been agreed, the trader may not increase the price after the agreement has been concluded, unless there is a change in a government levy.
  2. If the price is not fixed, the trader may change the price on the basis of a change in a government levy, manufacturer prices, importer prices, or exchange rates.
  3. If a trader has indicated that the price is not fixed, they must also pass on changes that are favorable to the consumer.

Article 6 – Risk for the two-wheeler

  1. If the purchased two-wheeler is damaged or lost before it has been delivered to the consumer, this is at the expense and risk of the trader.
  2. If the two-wheeler to be traded in is damaged or lost before the trade-in two-wheeler has been delivered to the trader, 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 trader is in default as soon as that date has passed.
  2. In the case of an estimated delivery period, the consumer must first notify the trader in writing of their default. The trader is then given an additional period of three weeks to deliver.

Article 8 – Consequences of default

  1. If the trader is in default pursuant to article 7, the consumer may dissolve the agreement.
  2. Furthermore, the consumer may claim compensation for their damages, unless the trader can invoke force majeure.

Article 9 – Cancellation

  • The consumer may cancel the agreement, even if the trader is not in default.
  • The consumer must compensate all damages resulting from the cancellation. This damage is fixed at 15% of the total purchase price, unless the parties have agreed otherwise.

REPAIR AND MAINTENANCE

Article 10 – Price quote and timeline

  1. The assignment for work is preferably recorded in writing. The trader provides a price quote and a completion date in advance.
  2. For an agreed indicative price of €150 or more for a repair, any increase of this indicative price may not exceed 10%.
  3. The consumer may always terminate the assignment. The costs the trader has already incurred at the time of termination must still be paid.

Article 11 – The invoice

An itemized invoice is issued for the work carried out.

Article 12 – Storage costs

  1. If the consumer does not collect the two-wheeler within two weeks of receiving notification that the repair is complete, the trader may charge a fee for storage costs.

Article 13 – Right of retention

  1. The trader may exercise a right of retention on the two-wheeler, part, or accessory until the consumer has paid the invoice.

Article 14 – Replaced parts

  1. If a consumer requests the old parts upon placing the assignment, they will receive them after replacement.
  2. If the consumer has not requested the parts, or not requested them in time, the replaced parts become the property of the trader.

WARRANTY

Article 15 – Warranty on purchased two-wheelers and parts/accessories

  1. The trader guarantees that the delivered product conforms to the agreement (conformity).
  2. New two-wheelers and new parts are covered by the manufacturer's or importer's factory warranty.
  3. The trader provides a minimum of three months' warranty on used two-wheelers, unless the consumer has explicitly declared in writing to waive the warranty.
  4. The purchase price of a used motorcycle must be at least 35% of the original catalogue value, provided that the purchase price is at least €3,000.
  5. No warranty is ever provided on individually supplied used parts.

Article 16 – Repair and maintenance warranty

  1. The trader guarantees for three months after delivery that repair and maintenance assignments have been properly carried out. For motorcycles, this period is six months.
  2. The warranty does not apply in cases of normal wear or defects resulting from improper maintenance not performed by the trader.

GENERAL PROVISIONS

Article 17 – Payment

  1. Payment must be made in cash or by credit to the trader's bank account upon delivery.
  2. The trader and consumer may agree in writing that immediate payment is not required. The payment term is then fourteen days.
  3. In the event of late payment, the trader may charge interest and collection costs after sending a reminder.

Article 18 – Retention of title

The two-wheeler delivered to the consumer remains the property of the trader until the consumer has paid in full.

Article 19 – Distance/off-premises sales

When an agreement has been concluded remotely and outside of sales premises, the statutory provisions of Book 6, Title 5, Section 2b of the Dutch Civil Code apply in addition to these general terms and conditions.

Article 20 – Deviations

Deviations from these general terms and conditions are only valid when they have been recorded in writing by both parties.

Article 21 – Processing of personal data

The consumer's personal data are processed by the trader in accordance with the General Data Protection Regulation.

Article 22 – Choice of law

Dutch law applies to this agreement.