Terms and Conditions

Table of Contents:

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 of Right of Withdrawal

Article 9 - The Price

Article 10 - Conformity and Warranty

Article 11 - Delivery and Execution

Article 12 - Duration Transactions: Duration, Termination and Extension

Article 13 - Payment

Article 14 - Complaints Procedure

Article 15 - Disputes

Article 16 - Additional or Derogating Provisions

Article 17 - Complaints Procedure

Article 18 - Videos

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

1. Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
2. Consumer: the natural person who is not acting 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 delivery and/or purchase obligation of which is spread over time;
5. Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows for future consultation and unaltered reproduction of the stored information.
6. Right of withdrawal: the option for the consumer to waive the distance contract within the cooling-off period;
7. Model withdrawal form: the model withdrawal form that the entrepreneur makes available that a consumer can fill in when they want to exercise their right of withdrawal.
8. Entrepreneur: the natural or legal person who offers products and/or services to consumers remotely;
9. Distance contract: a contract concluded within the framework of a system organised by the entrepreneur for the remote sale of products and/or services, up to and including the conclusion of the contract, exclusively using one or more remote communication techniques;
10. Remote communication technique: means that can be used to conclude a contract, without the consumer and entrepreneur being simultaneously in the same room.
11. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Name: Ferry Broertjes

Trade name: The Bike Broker BV.

Address: Escudo 64, 8253EV, Dronten. The Netherlands.

E-mail address: info@thebikebroker.nl

Chamber of Commerce number: 98399047

VAT identification number: NL868476249B01

If the entrepreneur's activity is subject to a relevant licensing system: 

details of the supervisory authority:

If the entrepreneur exercises a regulated profession:

• the professional association or organisation to which they are affiliated;
• the professional title, the place in the EU or the European Economic Area where it was awarded;
• a reference to the professional rules applicable in the Netherlands and indications of where and how these professional rules can be accessed.

Article 3 - Applicability

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded and orders placed between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent to the consumer free of charge as soon as possible at the consumer's request.
3. If the distance contract is concluded electronically, notwithstanding 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 data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be read electronically and that they will be sent free of charge electronically or otherwise at the consumer's request.
4. In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favourable to them in case of conflicting general terms and conditions.
5. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the agreement and these terms and conditions will otherwise remain in force and the relevant provision will be replaced by mutual agreement without delay by a provision that approximates the purport of the original as closely as possible.
6. Situations not covered by these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.
7. Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these general terms and conditions.

Article 4 - The Offer

1. If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a good assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
4. All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
5. Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
6. Every offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This concerns in particular:
   especially:

• the price including taxes;
• any shipping costs;
• the manner in which the agreement will be concluded and what actions are required for this;
• whether or not the right of withdrawal applies;
• the method of payment, delivery and execution of the agreement;

• the term for acceptance of the offer, or the term within which the entrepreneur guarantees the price;
• the level of the tariff for remote communication if the costs of using the remote communication technique are calculated on a different basis than the regular basic tariff for the communication medium used;
• whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer;
• the way in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, rectify it;
• any other languages in which, in addition to Dutch, the agreement can be concluded;
• the codes of conduct to which the entrepreneur has subjected himself and the way in which the consumer can consult these codes of conduct electronically; and
• the minimum duration of the distance contract in the event of a duration transaction.
• the available sizes, colors, type of materials.

 Article 5 - The Agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions set forth therein.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur can - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible entering into the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
5. The entrepreneur will send the consumer 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 data carrier, with the product or service:
6. the visiting address of the entrepreneur's establishment where the consumer can lodge complaints;
7. the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
8. the information about guarantees and existing service after purchase;
9. the data included in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
10. the requirements for termination of the agreement if the agreement has a duration of more than one year or is for an indefinite period.
11. In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
12. Every agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.

Article 6 - Right of Withdrawal

Upon delivery of products:

1. When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for a period of 30 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
2. During the cooling-off period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all delivered accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. When the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days of receiving the product. The consumer must do this by means of the model form. After the consumer has made known that he wishes to exercise 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 time, for example by means of a proof of shipment.
4. If the customer has not made known that he wishes to exercise his right of withdrawal after the expiry of the periods mentioned in paragraphs 2 and 3, respectively, or has not returned the product to the entrepreneur, the purchase is a fact.

Upon delivery of services:

5. When services are delivered, the consumer has the option to dissolve the agreement without giving reasons for a period of at least 14 days, starting on the day of entering into the agreement.
6. To exercise his right of withdrawal, the consumer will adhere to the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery regarding this matter.

Article 7 - Costs in case of withdrawal

1. If the consumer exercises his right of withdrawal, at most the costs of return shipment will be for his account.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 7 days after withdrawal. This is subject to the condition that the product has already been received back by the web retailer or conclusive proof of complete return can be provided. Reimbursement will be made via the same payment method used by the consumer unless the consumer explicitly gives permission for a different payment method.
3. In case of damage to the product due to careless handling by the consumer, the consumer is liable for any depreciation of the product.
4. The consumer cannot be held liable for the depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, this must be done before the conclusion of the purchase agreement.

Article 8 - Exclusion of Right of Withdrawal

1. The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
3. that have been created by the entrepreneur in accordance with the consumer's specifications;
4. that are clearly personal in nature;
5. that cannot be returned due to their nature;
6. that can spoil or age quickly;
7. the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
8. for loose newspapers and magazines;
9. for audio and video recordings and computer software of which the consumer has broken the seal.
10. for hygienic products of which the consumer has broken the seal.
11. Exclusion of the right of withdrawal is only possible for services:
12. relating to accommodation, transport, restaurant business or leisure activities to be carried out on a specific date or during a specific period;
13. the delivery of which began with the express consent of the consumer before the cooling-off period has expired;
14. relating to betting and lotteries.

Article 9 - The Price

1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any stated prices are target prices will be mentioned in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
5. they are the result of legal regulations or provisions; or
6. the consumer has the right to terminate the agreement as of the day the price increase takes effect.
7. The prices stated in the offer of products or services include VAT.
8. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. 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 Warranty

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A warranty provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.
3. Any defects or wrongly delivered products must be reported to the entrepreneur in writing within 4 weeks after delivery. Products must be returned in their original packaging and in new condition.
4. The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur 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:

• The consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;
• The delivered products have been exposed to abnormal circumstances or are otherwise handled carelessly or treated contrary to the instructions of the entrepreneur and/or on the packaging;
• The defect is wholly or partly the result of government regulations that have been or will be imposed regarding the nature or quality of the materials used.

Article 11 - Delivery and execution

1. The entrepreneur will observe the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders with due speed but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be executed partially, the consumer will receive notice of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to compensation.
4. All delivery terms are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.
5. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 14 days after dissolution.
6. If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement article available. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement article is being delivered. In the case of replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment are for the account of the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.

Article 12 - Long-term transactions: duration, termination and extension

Termination

1. The consumer can terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed termination rules and a notice period of no more than one month.
2. The consumer can terminate an agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time against the end of the definite period with due observance of the agreed termination rules and a notice period of no more than one month.
3. The consumer can terminate the agreements mentioned in the previous paragraphs:

• at any time and not be limited to termination at a specific time or in a specific period;
• at least in the same way as they were entered into by him;
• always with the same notice period as the entrepreneur has stipulated for himself.

Extension

4. An agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite duration.
5. In derogation from the previous paragraph, an agreement entered into for a definite period and which extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a definite period of a maximum of three months, if the consumer can terminate this extended agreement against the end of the extension with a notice period of no more than one month.
6. An agreement entered into for a definite period and which extends to the regular delivery of products or services, may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month and a notice period of no more than three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
7. An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) will not be tacitly continued and will automatically end after the trial or introductory period.

Duration

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

Article 13 - Payment

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6 paragraph 1. In the case of an agreement for the provision of a service, this period starts after the consumer has received confirmation of the agreement.
2. The consumer has the duty to report inaccuracies in provided or stated payment data to the entrepreneur without delay.
3. In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

 

Article 14 - Complaints procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a message of receipt and an indication of when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
5. In case of complaints, a consumer should contact the entrepreneur. 
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 justified by the entrepreneur, the entrepreneur will, at his discretion, 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 exclusively governed by Dutch law. Even if the consumer resides abroad.
2. The Vienna Sales Convention does not apply.

Article 16 - Additional or deviating provisions

Additional provisions or provisions deviating 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.

Article 17 - Complaints procedure

We advise you to first make complaints known to us by emailing info@thebikebroker.nl. We will then contact you as soon as possible and come up with a suitable solution!

Article 18 - Videos

We make a video of every bike and post it on our social channels, such as YouTube, Facebook and Instagram. Because mountain bikes are used in rough terrain, small scratches may be present on the bike. We, the "Specialists" of TheBikeBroker.nl, find it very important that our customers are not faced with surprises, which is why we make detailed product videos (specific to each sports bike) where the overall condition of the bike is clearly visible, because a detailed video says more than just a set of images. This way you know exactly what to expect when you pick up the bike from us or when we send a bike to you after a purchase on our webshop. In the checkout process, it also states that you have read the general terms and conditions and that you are aware that we sell used items and that you have watched our video of the product in question. We therefore assume that you have done this before proceeding with the purchase!