Article 1 – Definitions
For the purposes of these terms and conditions, the following definitions apply:
- Cooling-off period: the period during which the consumer may exercise their right of withdrawal; Read everything about the cooling-off period
- Consumer: the natural person who is not acting in the course of a profession or business and who enters into a distance contract with the trader;
- Day: calendar day;
- Subscription contract: a distance contract relating to a series of products and/or services, where the obligation to supply and/or purchase is spread over time;
- Durable medium: any tool that enables the consumer or trader to store information addressed personally to them in a way that allows future consultation and unaltered reproduction of the stored information.
- Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period;
- Withdrawal form: the model withdrawal form provided by the trader, which a consumer may complete when they wish to exercise their right of withdrawal.
- Trader: the natural or legal person who offers products and/or services to consumers at a distance;
- Distance contract: a contract concluded within the framework of an organised system for the distance sale of products and/or services, under which, up to and including the conclusion of the contract, exclusive use is made of one or more means of distance communication;
- Means of distance communication: a means that can be used to conclude a contract without the consumer and trader being together in the same room at the same time.
- Terms and Conditions: these Terms and Conditions of the trader.
Article 2 – Identity of the business operator
Gofatbike.nl
Marconiweg 18,
8501XM
Joure, Netherlands
T:085 060 5276
Einfo@gofatbike.rengelmedia.nl
Chamber of Commerce: 82875820
VAT number: NL003120068B88
Article 3 – Applicability
- These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded and order placed between the entrepreneur and the consumer.
- 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, the consumer will be informed before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent free of charge as soon as possible at the consumer’s request.
- 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 it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, the consumer will be informed before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or in another way at the consumer’s request.
- If, in addition to these general terms and conditions, specific product or service terms also apply, the second and third paragraphs apply accordingly, and in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favorable to them.
- If one or more provisions of 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 provision concerned will be replaced without delay by mutual agreement with a provision that comes as close as possible to the intent of the original provision.
- Situations not covered by these general terms and conditions must be assessed in accordance with the spirit of these general terms and conditions.
- Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted in accordance with the spirit of these general terms and conditions.
Article 4 – The Offer
- If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
- The offer is non-binding. The business is entitled to amend and modify the offer.
- The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the business uses images, these are a true representation of the products and/or services offered. Obvious errors or mistakes in the offer are not binding on the business.
- All images, specifications, and information in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
- Images of products are a true representation of the products offered. The business cannot guarantee that the colors shown correspond exactly to the actual colors of the products.
- Each offer contains sufficient information to make clear to the consumer what rights and obligations are associated with accepting the offer. This concerns, in particular:
- the price, including taxes;
- any shipping costs;
- how the agreement will be concluded and which actions are required for this purpose;
- whether or not the right of withdrawal applies;
- the method of payment, delivery, and performance of the agreement;
- the period for accepting the offer, or the period during which the business guarantees the price;
- the amount of the applicable rate for communication at a distance if the costs of using the means of communication at a distance are calculated on a basis other than the standard rate for the communication method used;
- whether the agreement will be archived after it has been concluded and, if so, how it can be accessed by the consumer;
- how the consumer can review and, if desired, correct the data provided by them in connection with the agreement before concluding it;
- the other languages, if any, in which, in addition to Dutch, the agreement may be concluded;
- the codes of conduct to which the business has submitted and how the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance agreement in the case of a continuing transaction.
Article 5 – The agreement
- Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfills the conditions set out therein.
- If the consumer has accepted the offer electronically, the trader shall promptly confirm receipt of the acceptance of the offer electronically. Until the trader has confirmed this acceptance, the consumer may terminate the agreement.
- If the agreement is concluded electronically, the trader shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the trader shall observe appropriate security measures for this purpose.
- Within the limits of the law, the trader may ascertain whether the consumer can fulfill their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance agreement. If, based on this investigation, the trader has good reason not to enter into the agreement, the trader is entitled to refuse an order or request with reasons, or to attach special conditions to its execution.
- The trader shall provide the consumer with the following information with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
- the visiting address of the trader’s establishment where the consumer can submit complaints;
- the conditions 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;
- information about warranties and existing after-sales service;
- the information referred to in Article 4, paragraph 3, of these terms and conditions, unless the trader has already provided this information to the consumer before performing the agreement;
- the requirements for terminating the agreement if the agreement lasts for more than one year or is of indefinite duration.
- In the case of a continuing transaction, the provision in the previous paragraph applies only to the first delivery.
- Every agreement is entered into subject to the suspensive condition of sufficient availability of the relevant products.
Article 6 - Right of withdrawal
For the delivery of products:
- When purchasing products, consumers have the right to cancel the agreement without giving any reason within 14 days. This cooling-off period begins on the day after the consumer, or a representative designated in advance by the consumer and made known to the trader, receives the product.
- During the cooling-off period, the consumer must handle the product and its packaging with care. The consumer may only unpack or use the product to the extent necessary to determine whether they wish to keep it. If the consumer exercises their right of withdrawal, they must return the product to the trader with all accessories supplied and, where reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.
- If the consumer wishes to exercise their right of withdrawal, they must notify the trader within 14 days of receiving the product. The consumer must do so using the model withdrawal form or another means of communication, such as email. After notifying the trader that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by providing proof of postage.
- If, after the periods referred to in paragraphs 2 and 3 have expired, the customer has not notified the trader that they wish to exercise their right of withdrawal or has not returned the product to the trader, the purchase is final.
- After registering the return, the consumer has 14 days to return the product.
- After the return has been registered, the online store has 14 days to refund the order amount, including shipping costs.
- If the product is damaged or the packaging is more damaged than necessary to try the product, we may charge you for the resulting reduction in the product's value. Please therefore handle the product with care and ensure that it is properly packaged when returning it.
For the delivery of services:
- When services are provided, consumers have the right to cancel the agreement without giving any reason for at least 14 days, starting on the day the agreement is entered into.
- To exercise their right of withdrawal, consumers must follow the reasonable and clear instructions provided by the trader with the offer and/or no later than upon delivery.
Article 7 – Costs in the event of withdrawal
- If the consumer exercises their right of withdrawal, they will be responsible for no more than the costs of returning the product.
- If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than within 14 days of withdrawal. However, this is subject to the condition that the product has already been received by the online retailer or that conclusive proof of complete return shipment can be provided. The refund will be made using the same payment method used by the consumer, unless the consumer expressly agrees to another payment method.
- If the product is damaged due to careless handling by the consumer, the consumer will be liable for any resulting reduction in the product’s value.
- The consumer cannot be held liable for a reduction in the product’s value if the trader did not provide all legally required information about the right of withdrawal before the purchase agreement was concluded.
Article 8 – Exclusion of the right of withdrawal
- The trader may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. Exclusion of the right of withdrawal applies only if the trader has clearly stated this in the offer, or at least in good time before concluding the agreement.
- Exclusion of the right of withdrawal is only possible for products:
- that have been produced by the trader in accordance with the consumer’s specifications;
- that are clearly personal in nature;
- that, by their nature, cannot be returned;
- that can spoil or age quickly;
- whose price is tied to fluctuations in the financial market over which the trader has no influence;
- for individual newspapers and magazines;
- for audio and video recordings and computer software whose seal the consumer has broken;
- for hygienic products whose seal the consumer has broken.
- Exclusion of the right of withdrawal is only possible for services
- concerning accommodation, transport, restaurant services or leisure activities to be performed on a specific date or during a specific period;
- for which delivery has begun with the consumer’s explicit consent before the cooling-off period has expired;
- concerning betting and lotteries.
Article 9 – The price
- 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 resulting from changes in VAT rates.
- By way of derogation from 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 control at variable prices. This susceptibility to fluctuations, and the fact that any prices stated are indicative prices, will be specified in the offer.
- Price increases within 3 months of the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
- Price increases from 3 months after the conclusion of the agreement are only permitted if the trader has stipulated this and:
- they result from statutory regulations or provisions; or
- the consumer has the right to terminate the agreement from the day on which the price increase takes effect.
- The prices stated in the offer for products or services include VAT.
- 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 or typesetting errors, the trader is not obliged to deliver the product at the incorrect price.
Article 10 – Conformity and Warranty
- The business warrants 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 statutory provisions and/or government regulations in force on the date the agreement was concluded. If agreed, the business also warrants that the product is suitable for purposes other than normal use.
- Any guarantee provided by the business, manufacturer, or importer does not affect the consumer’s statutory rights and claims against the business under the agreement.
- Any defects or incorrectly delivered products must be reported to the business in writing within 2 months of delivery. Products must be returned in their original packaging and in new condition.
- The business’s warranty period corresponds to the manufacturer’s warranty period. However, the business 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.
- The warranty does not apply if:
- the consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
- the delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the business’s instructions and/or the instructions on the packaging;
- the lack of conformity is wholly or partly the result of regulations that the government has imposed or will impose concerning the nature or quality of the materials used.
Article 11 – Delivery and performance
- The entrepreneur will exercise the utmost care when receiving and fulfilling orders for products and when assessing applications for the provision of services.
- The place of delivery is the address that the consumer has communicated to the company.
- Subject to the provisions of paragraph 4 of this article, the company will fulfill accepted orders promptly and 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 fulfilled or can only be fulfilled partially, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement at no cost. The consumer is not entitled to compensation.
- All delivery periods are indicative. The consumer cannot derive any rights from the stated periods. Exceeding a period does not entitle the consumer to compensation.
- In the event of termination 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 of termination.
- If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement item. No later than upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment will be borne by the entrepreneur.
- The risk of damage to 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 expressly agreed otherwise.
Article 12 – Continuing transactions: term, cancellation, and renewal
Cancellation
- The consumer may cancel an agreement entered into for an indefinite period and intended for the regular delivery of products (including electricity) or services at any time, subject to the agreed cancellation rules and a cancellation period of no more than one month.
- The consumer may cancel an agreement entered into for a fixed period and intended for the regular delivery of products (including electricity) or services at any time effective at the end of the fixed term, subject to the agreed cancellation rules and a cancellation period of no more than one month.
- The consumer may cancel the agreements referred to in the preceding paragraphs:
- at any time and may not be limited to cancellation at a specific time or during a specific period;
- at least in the same manner as they were entered into;
- always with the same cancellation period as the business has stipulated for itself.
Renewal
- An agreement entered into for a fixed period and intended for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
- By way of derogation from the preceding paragraph, an agreement entered into for a fixed period and intended for the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a fixed period of no more than three months, provided that the consumer may cancel this extended agreement at the end of the extension with a cancellation period of no more than one month.
- An agreement entered into for a fixed period and intended for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel it at any time with a cancellation period of no more than one month, and with a cancellation period of no more than three months if the agreement concerns the regular delivery, but less than once a month, of daily, news and weekly newspapers and magazines.
- An agreement of limited duration for the regular delivery of daily, news and weekly newspapers and magazines as an introductory offer (trial or introductory subscription) will not be tacitly continued and will automatically end after the trial or introductory period.
Duration
- If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time after one year with a cancellation period of no more than one month, unless reasonableness and fairness oppose cancellation before the end of the agreed term.
Article 13 – Payment
- Unless otherwise agreed, amounts owed by the consumer must be paid within 7 business days after the cooling-off period referred to in Article 6(1) begins. In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.
- The consumer is obliged to report any inaccuracies in the payment details provided or stated to the business without delay.
- In the event of non-payment by the consumer, the business is entitled, subject to statutory limitations, to charge the reasonable costs previously disclosed to the consumer.
Article 14 – Complaints Procedure
- The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure.
- Complaints about the performance of the agreement must be submitted to the entrepreneur in full and clearly described within 2 months after the consumer has identified the defects.
- Complaints submitted to the entrepreneur will be answered within 14 days of the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
- If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
- A complaint does not suspend the entrepreneur’s obligations, unless the entrepreneur indicates otherwise in writing.
- If the entrepreneur determines that a complaint is justified, the entrepreneur will, at its discretion, replace or repair the delivered products free of charge.
- In the event of complaints, consumers must first contact the entrepreneur. If the online store is affiliated with Stichting WebwinkelKeur and complaints cannot be resolved by mutual agreement, the consumer must contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this online store has an active membership via https://www.webwinkelkeur.nl/ledenlijst/. If the matter still cannot be resolved, the consumer may have their complaint handled by the independent dispute committee appointed by Stichting WebwinkelKeur. Its decision is binding, and both the entrepreneur and the consumer agree to be bound by this decision. Costs are associated with submitting a dispute to this dispute committee, and these must be paid by the consumer to the relevant committee. Complaints can also be submitted via the European ODR platform (http://ec.europa.eu/odr).
Article 15 – Disputes
- Agreements between the business and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.
- The United Nations Convention on Contracts for the International Sale of Goods 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 the consumer can store them accessibly on a durable medium.
- Warranty Rules
We do not provide a warranty for flat tires, as this is self-inflicted damage and is not related to the quality of the product.
If you modify the fatbike to increase its speed or cause damage to the fatbike by falling, the warranty will immediately become void. This is not open to discussion; we are within our rights.
If your fatbike is damaged and the damage was not self-inflicted, we will repair your fatbike free of charge. You may have to wait one week before we can collect your fatbike for repair.RetournerenYou have 14 days to return the Fatbike undamaged and complete, including the battery keys. If all items are returned in good condition, you will receive a refund of the purchase price within one week.
Payment methods and associated costsWhen you choose a payment method such as Klarna, in3, or another payment method that incurs fees, we will pass these costs on to you in the event of a return.
These costs are €63 for Klarna and €43 for in3.
As the customer, you are responsible for returning the Fatbike yourself. We can optionally collect it for €100.
If you do not meet the above conditions, we have the right to refuse the return.