Terms and Conditions

Terms and Conditions

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 enters into a distance contract with the entrepreneur;
  • Day: calendar day;
  • Subscription: a distance contract relating to a series of products and/or services, for which the delivery and/or purchase obligation is spread over time;
  • Durable medium: any tool that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.
  • Right of withdrawal: the consumer’s option to cancel the distance contract within the cooling-off period;
  • Model withdrawal form: the model withdrawal form made available by the entrepreneur, which a consumer can complete when they wish to exercise their right of withdrawal.
  • Entrepreneur: the natural or legal person who offers products and/or services to consumers remotely;
  • Distance contract: a contract concluded within the framework of an organized system for the remote sale of products and/or services, using exclusively one or more means of distance communication up to and including the conclusion of the contract;
  • Means of distance communication: a means that can be used to conclude a contract without the consumer and entrepreneur being together in the same room at the same time.
  • General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

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 made by the trader and to every distance contract concluded and order placed between the trader 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 reasonably not possible, the consumer will be informed, before the distance contract is concluded, that the general terms and conditions can be inspected at the trader'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, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily save it on a durable medium. If this is reasonably not 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 by other means 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 void or 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 approximates the purport of the original provision as closely as possible.
  • Situations that are 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 validity period or is subject to conditions, this will be explicitly stated in the offer.
  • The offer is non-binding. The trader is entitled to change and amend 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 trader uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the trader.
  • All images, specifications and information in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
  • Images accompanying products are a truthful representation of the products offered. The trader cannot guarantee that the colours shown exactly match the actual colours 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:
  1. the price, including taxes;
  2. any shipping costs;
  3. the manner in which the agreement will be concluded and which actions are required for this;
  4. whether or not the right of withdrawal applies;
  5. the method of payment, delivery and performance of the agreement;
  6. the period for accepting the offer, or the period during which the trader guarantees the price;
  7. the amount of the tariff for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular basic tariff for the communication medium used;
  8. whether the agreement will be archived after it is concluded and, if so, how it can be accessed by the consumer;
  9. the way in which the consumer can check the data provided by them in connection with the agreement before concluding it and, if desired, correct it;
  10. the other languages, if any, in which, in addition to Dutch, the agreement can be concluded;
  11. the codes of conduct to which the trader has submitted and the way in which the consumer can consult these codes of conduct electronically; and
  12. 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 when the consumer accepts the offer and fulfils the conditions set therein.
  • If the consumer has accepted the offer electronically, the business will promptly confirm receipt of the acceptance of the offer electronically. Until the business has confirmed this acceptance, the consumer may dissolve the agreement.
  • If the agreement is concluded electronically, the business will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the business will observe appropriate security measures for this purpose.
  • Within the limits of the law, the business may ascertain whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance agreement. If, based on this investigation, the business has good reason not to enter into the agreement, it is entitled to refuse an order or request with reasons, or to attach special conditions to its performance.
  • When supplying the product or service, the business will provide the consumer with the following information in writing or in such a way that the consumer can store it accessibly on a durable medium:
  1. the visiting address of the business's establishment where the consumer can submit complaints;
  2. the conditions and procedure for exercising the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  3. information about guarantees and existing after-sales service;
  4. the information specified in Article 4, paragraph 3 of these terms and conditions, unless the business has already provided this information to the consumer before performing the agreement;
  5. 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 continuous 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 starts on the day after the consumer, or a representative designated in advance by the consumer and made known to the business, receives the product.
  • During the cooling-off period, the consumer must handle the product and packaging with care. The consumer may only unpack or use the product to the extent necessary to assess whether they wish to keep it. If the consumer exercises their right of withdrawal, they must return the product to the business with all accessories supplied and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the business.
  • If the consumer wishes to exercise their right of withdrawal, they must notify the business 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 business that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must be able to prove that the delivered goods were returned on time, for example by providing proof of postage.
  • If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not notified the business that they wish to exercise their right of withdrawal or has not returned the product to the business, 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 this reduction in the product's value. Therefore, handle the product with care and ensure that it is properly packaged when returned.

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, the consumer must follow the reasonable and clear instructions provided by the business 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 bear no more than the costs of returning the product.
  • If the consumer has paid an amount, the business will refund this amount as soon as possible, but no later than within 14 days of withdrawal. This is subject to the product having already been received by the online retailer or the consumer being able to provide conclusive proof of complete return. 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 is 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 business has not provided 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. The 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:
  1. that have been produced by the trader according to the consumer's specifications;
  2. that are clearly personal in nature;
  3. that cannot be returned due to their nature;
  4. that can spoil or age quickly;
  5. whose price is subject to fluctuations in the financial market over which the trader has no influence;
  6. for individual newspapers and magazines;
  7. for audio and video recordings and computer software whose seal the consumer has broken;
  8. for hygienic products whose seal the consumer has broken.
  • Exclusion of the right of withdrawal is only possible for services
  1. concerning accommodation, transport, restaurant services or leisure activities to be provided on a specific date or during a specific period;
  2. whose delivery has begun with the consumer's express consent before the withdrawal period has expired;
  3. 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 exception to the previous paragraph, the business may offer products or services whose prices are subject to fluctuations in the financial market and over which the business has no influence at variable prices. This susceptibility to fluctuations, and the fact that any prices stated are indicative prices, will be mentioned 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 business has stipulated this and:
  1. they result from statutory regulations or provisions; or
  2. the consumer has the right to terminate the agreement with effect 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 and typesetting errors, the business 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 use other than normal use.
  • A warranty provided by the business, manufacturer or importer does not affect the statutory rights and claims that the consumer may assert 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 every individual application by the consumer, nor for any advice regarding the use or application of the products.
  • The warranty does not apply if:
  1. the consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
  2. 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;
  3. the defectiveness is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Article 11 - Delivery and performance

  • The trader 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 provided to the company.
  • Subject to the provisions of paragraph 4 of this article, the company will fulfil accepted orders with due urgency, 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 fulfilled or can only be partially fulfilled, 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 without charge. The consumer is not entitled to compensation.
  • All delivery periods are indicative. The consumer cannot derive any rights from any periods stated. Exceeding a period does not entitle the consumer to compensation.
  • In the event of termination in accordance with paragraph 3 of this article, the trader 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 trader will endeavour to provide a replacement item. At the latest upon delivery, it will be stated clearly and comprehensibly that a replacement item is being supplied. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment will be borne by the trader.
  • The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

Article 12 - Continuous 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 notice 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 period, subject to the agreed cancellation rules and a notice period of no more than one month.
  • The consumer may cancel the agreements referred to in the preceding paragraphs:
  1. at any time and may not be restricted to cancellation at a specific time or during a specific period;
  2. at least in the same manner as they were entered into by the consumer;
  3. always with the same notice 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 exception to 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 notice 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 notice period of no more than one month, and with a notice 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) is not tacitly continued and ends automatically 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 notice period of no more than one month, unless reasonableness and fairness oppose cancellation before the end of the agreed duration.

Article 13 - Payment

  • Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6, paragraph 1. 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 trader without delay.
  • In the event of non-payment by the consumer, the trader is entitled, subject to statutory limitations, to charge the reasonable costs previously disclosed to the consumer.

Article 14 - Complaints procedure

  • The trader has a sufficiently publicised complaints procedure and handles complaints in accordance with this procedure.
  • Complaints about the performance of the agreement must be submitted to the trader fully and clearly described within 2 months after the consumer has identified the defects.
  • Complaints submitted to the trader will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed 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 trader's obligations, unless the trader indicates otherwise in writing.
  • If the trader considers a complaint to be justified, the trader will, at its discretion, either replace or repair the delivered products free of charge.
  • For complaints, consumers must first contact the trader. If the online shop 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 shop has an active membership via https://www.webwinkelkeur.nl/ledenlijst/. If no solution is reached, the consumer may have their complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur. Its decision is binding, and both the trader and the consumer agree to this binding decision. Costs are associated with submitting a dispute to this disputes committee, and these must be paid by the consumer to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).

Article 15 - Disputes

  • Dutch law applies exclusively to agreements between the entrepreneur and the consumer to which these general terms and conditions relate, 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 consumer’s detriment 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 offer 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 if the fatbike has damage from a fall, the warranty expires immediately. There is no discussion about this; we are within our rights.

If the fatbike is damaged and the damage was not self-inflicted, we will repair your fatbike free of charge. You may have to wait 1 week before we can collect your fatbike for repair.ReturnsYou 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 1 week.
Payment methods and associated costsWhen you choose a payment method such as Klarna, in3, or another payment method that involves fees, we will pass these costs on to you in the event of a return.

These costs amount to 63 euros for Klarna and 43 euros for in3.
As the customer, you are responsible for returning the Fatbike yourself. We can optionally collect it for 100 euros.

If you do not meet the conditions above, we have the right to refuse the return.