Terms and Conditions Korner Bikes

Terms and Conditions Korner Bikes
Email: info@kornerbikes.com
Website: www.kornerbikes.com

Definitions

Contractor: Korner Bikes, established in Enschede under Chamber of Commerce no. 85824445.
Customer: the person with whom Korner Bikes has entered into an agreement.
Parties: Korner Bikes and customer together.
Consumer: a customer who is also an individual and who acts as a private person.

Article 1 – Applicability of general terms and conditions

These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Korner Bikes.
The parties can only deviate from these terms and conditions if they have expressly agreed to this in writing.
The parties explicitly exclude the applicability of additional and/or deviating general terms and conditions of the customer or of third parties.

Article 2 – Offers and quotations

Offers and quotations from Korner Bikes are without obligation, unless expressly stated otherwise.
An offer or quotation is for a maximum of 1 month mention valid, unless a different acceptance period is stated in the offer or quotation

If the customer does not accept an offer or quotation within the applicable term, the offer or quotation will lapse.
Offers and quotations do not apply to repeat orders, unless the parties have explicitly agreed on this in writing.

Article 3 – Acceptance

Upon acceptance of a quotation or offer without obligation, Korner Bikes reserves the right to withdraw the quotation or offer within 3 days after receipt of the acceptance, without the customer being able to derive any rights from this.
Verbal acceptance by the customer only binds Korner Bikes after the customer has confirmed it by writing (or electronically).

Article 4 – Prices

All prices used by Korner Bikes are in euros, including VAT and excluding any other costs such as administration costs, tax and travel, shipping or transport costs, unless expressly stated otherwise or agreed otherwise.
Korner Bikes may change all prices that Korner Bikes uses for its products, on its website or otherwise announced, at any time.
Increases in the cost prices of products or parts of it, which Korner Bikes could not have foreseen at the time of making the offer or the establishment of the agreement, can lead to an price increase.
The consumer has the right to cancel an agreement as a consequence of a price increase as referred to in paragraph 3, unless the increase is the result of a legal regulation.

Article 5 – Samples and Models

If the customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample or model.

Article 6 – Payments and term of payment

Korner Bikes may require a deposit up to 50% of the agreed amount when entering into the agreement.
The customer must make post-payments within 14 days after delivery.
Payment terms are considered strict payment terms. This means that if the customer has not paid the agreed amount no later than the last day of the payment term, he is legally in default, without Korner Bikes having to send the customer a reminder or give notice of default.
Korner Bikes reserves the right to make delivery dependent on immediate payment or to require security for the total amount of the services or products.

Article 7 – Product deviations

Korner Bikes produces products from natural goods. The customer can not make any claims in terms of appearance or product weight.

Article 8 – Consequences of not paying on time

If the customer does not pay within the agreed term, Korner Bikes is entitled to charge the statutory interest of 2% per month for non-commercial transactions and the statutory interest of 8% per month for commercial transactions from the day the customer absenteeism, whereby part of a month is counted as a whole month.
When the customer is in default, he will also owe extrajudicial collection costs and any compensation to Korner Bikes.
The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
If the customer does not pay on time, Korner Bikes may suspend its obligations until the customer has fulfilled his payment obligation.
In the event of liquidation, bankruptcy, attachment or suspension of payment on the part of the customer, the claims of Korner Bikes against the customer are immediately due and payable.
If the customer refuses to cooperate with the execution of the agreement by Korner Bikes, he is still obliged to pay the agreed price to Korner Bikes.

Article 9 – Right of complaint

As soon as the customer is in default, Korner Bikes is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
Korner Bikes invokes the right of recovery by means of a written or electronic communication.
As soon as the customer has been informed of the invoked right of recovery, the customer must return the products to which this right relates.
Immediately return it to Korner Bikes, unless the parties make other agreements about this.
The costs for returning the products are the responsibility of the customer.

Article 11 – Right of withdrawal

A consumer can cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that:

the product has not been used
it is not a product that can spoil quickly, such as food or flowers
it is not a product specifically tailored or modified for the consumer (including all bicycle frames)
it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.)
the seal is still intact, in the case of data carriers with digital content (DVDs, CDs, etc.)
the product or service does not concern accommodation, travel, restaurant business, transport, catering assignment or form of leisure activity
the product is not a loose magazine or newspaper
the consumer has not waived his right of withdrawal

The reflection period of 14 days as referred to in paragraph 1 commences:

on the day after the consumer has received the last product or part of 1 order
as soon as the consumer has confirmed that he will purchase digital content via the internet

The consumer can make his appeal to the right of withdrawal known via info@kornerbikes.com, if desired using the withdrawal form that can be downloaded from the website of Korner Bikes, www.kornerbikes.com.
The consumer is obliged to return the product to Korner Bikes within 14 days after making known his right of withdrawal, failing which his right of withdrawal will lapse.

Article 12 – Reimbursement of delivery costs

If the consumer has exercised his right of withdrawal in time and as a result has returned the complete order to Korner Bikes on time, Korner Bikes will refund any shipping costs paid by the consumer to the consumer within 14 days after receipt of the timely and complete order. refund consumer.
The costs for delivery will only be borne by Korner Bikes insofar as the entire order is returned.

Article 13 – Reimbursement of return costs

If the consumer invokes his right of withdrawal and returns the entire order on time, the costs for returning the entire order will be borne by the consumer.

Article 14 – Right of suspension

Unless the customer is a consumer, the customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

Article 15 – Right of retention

Korner Bikes can invoke its right of retention and in that case keep products of the customer until the customer has paid all outstanding invoices with regard to Korner Bikes, unless the customer has provided sufficient security for those costs.
The right of retention also applies on the basis of previous agreements from which the customer still owes payments to Korner Bikes.
Korner Bikes is never liable for any damage that the customer may suffer as a result of using his right of retention.

Article 16 – Offsetting

Unless the customer is a consumer, the customer waives his right to offset a debt to Korner Bikes against a claim against Korner Bikes.

Article 17 – Retention of title

Korner Bikes remains the owner of all delivered products until the customer has fully fulfilled all his payment obligations towards Korner Bikes under whatever agreement concluded with Korner Bikes, including claims for non-performance.
Until then, Korner Bikes can invoke its retention of title and take back the goods.
Before ownership has passed to the customer, the customer may not pledge, sell, alienate or otherwise objections.

If Korner Bikes invokes its retention of title, the agreement is deemed to have been dissolved and Korner Bikes has the right to claim compensation, lost profit and interest.

Article 18 – Delivery

Delivery takes place while stocks last.
Delivery takes place at Korner Bikes, unless the parties have agreed otherwise.
Delivery of products ordered online will take place at the address indicated by the customer.
If the agreed amounts are not paid or not paid on time, Korner Bikes has the right to suspend its obligations until the agreed part has been paid.
In the event of late payment, there is creditor default, with the result that the customer cannot invoke a late delivery against Korner Bikes.

Article 19 – Delivery time

The delivery times stated by Korner Bikes are indicative and do not entitle the customer to dissolution or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.
The delivery time commences after the quotation signed for approval by the customer to Korner Bikes has been confirmed to the customer in writing or electronically by Korner Bikes.
Exceeding the specified delivery time does not entitle the customer to compensation or the right to dissolve the agreement, unless Korner Bikes cannot deliver within 14 days after being notified in writing or the parties have agreed otherwise.

Article 20 – Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place in time.

Article 21 – Transport costs

Transport costs are for the account of the customer, unless the parties have agreed otherwise.

Article 22 – Packaging and shipping

If the packaging of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product, failing which Korner Bikes cannot be held liable for any damage.
If the customer arranges for the transport of a product himself, he must report any visible damage to products or the packaging to Korner Bikes prior to transport, failing which Korner Bikes cannot be held liable for any damage.

Article 23 – Custody

If the customer does not purchase ordered products until later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
Any additional costs as a result of premature or late purchase of products will be fully borne by the customer.

Article 24 – Assembly/Installation

Although Korner Bikes makes every effort to carry out all assembly and/or installation work as well as possible, it bears no responsibility for this except in the case of intent or gross negligence.

Article 25 – Guarantee

The warranty with regard to products only applies to defects caused by faulty manufacturing, construction or material.
The guarantee does not apply in the case of normal wear and tear and damage resulting from accidents, changes made to the product, abuse, negligence or improper use by the customer, as well as when the cause of the defect cannot be clearly determined.
The risk of loss, damage or theft of the products that are the subject of an agreement between the parties transfers to the customer at the time when they are legally and/or actually delivered, or at least come under the control of the customer or of a third party who receives the product on behalf of the customer.

Article 26 – Indemnification

The customer indemnifies Korner Bikes against all third-party claims related to the products and/or services supplied by Korner Bikes.

Article 27 – Complaints

The customer must examine a product or service provided by Korner Bikes as soon as possible for possible shortcomings.
If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Korner Bikes of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings. .
Consumers must inform Korner Bikes of this within 2 months after the discovery of the shortcomings.
The customer provides a description of the shortcoming in as much detail as possible, so that Korner Bikes is able to respond adequately.
The customer must demonstrate that the complaint relates to an agreement between the parties.
If a complaint relates to ongoing work, this can in any case not lead to Korner Bikes being forced to perform other work than has been agreed.

Article 28 – Notice of default

The customer must notify Korner Bikes of any notice of default in writing.
It is the responsibility of the customer that a notice of default actually reaches Korner Bikes (in time).

Article 29 – Joint and several liability of the customer

If Korner Bikes enters into an agreement with multiple customers, each of them will be jointly and severally liable for the full amounts due to Korner Bikes under that agreement.

Article 30 – Liability Korner Bikes

Korner Bikes is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or willful recklessness.
If Korner Bikes is liable for any damage, it is only liable for direct damage resulting from or related to the performance of an agreement.
Korner Bikes is never liable for indirect damage, such as consequential damage, lost profit, missed savings or damage to third parties.
If Korner Bikes is liable, this liability is limited to the amount paid out by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to (part of the) invoice amount to which the liability relates.
All images, photos, colours, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Article 31 – Expiry period

Any right of the customer to compensation from Korner Bikes expires in any case 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Section 6:89 of the Dutch Civil Code.

Article 32 – Right to dissolution

The customer has the right to dissolve the agreement if Korner Bikes imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or minor significance.
If the fulfillment of the obligations by Korner Bikes is not permanently or temporarily impossible, dissolution can only take place after Korner Bikes is in default.
Korner Bikes has the right to dissolve the agreement with the customer if the customer does not fully or timely fulfill its obligations under the agreement, or if Korner Bikes has become aware of circumstances that give it good grounds to fear that the customer will not be able to properly fulfill his obligations.

Article 33 – Force majeure

In addition to the provisions of article 6:75 of the Dutch Civil Code, a shortcoming of Korner Bikes in the fulfillment of any obligation towards the customer cannot be attributed to Korner Bikes in a situation independent of the will of Korner Bikes, as a result of which the fulfillment of its obligations towards the customer is prevented in whole or in part or as a result of which the fulfillment of its obligations cannot reasonably be expected from Korner Bikes.
The force majeure situation referred to in paragraph 1 also includes – but is not limited to: a state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work interruptions.
If a force majeure situation occurs as a result of which Korner Bikes cannot fulfill 1 or more obligations towards the customer, then those obligations are suspended until Korner Bikes is able to meet them again.

From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in whole or in part in writing.
Korner Bikes does not owe any (damage) compensation in a situation of force majeure, even if it enjoys any advantage as a result of the force majeure situation.

Article 34 – Amendment of the agreement

If, after concluding the agreement for its implementation, it appears necessary to change or supplement its content, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.
The previous paragraph does not apply to products purchased in a physical store.

Article 35 – Amendment of general terms and conditions

Korner Bikes is entitled to change or supplement these general terms and conditions.
Changes of minor importance can be made at any time.
Korner Bikes will discuss major substantive changes with the customer in advance as much as possible.
Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.

Article 36 – Transfer of rights

Rights of the customer under an agreement between the parties cannot be transferred to third parties without the prior written consent of Korner Bikes.
This provision applies as a clause with effect under property law as referred to in Section 3:83(2) of the Civil Code.

Article 37 – Consequences of nullity or voidability

If one or more provisions of these general terms and conditions prove to be void or voidable, this will not affect the other provisions of these terms and conditions.
A provision that is void or voidable will in that case be replaced by a provision that comes closest to what Korner Bikes had in mind when drawing up the terms and conditions on that point.

Article 38 – Applicable law and competent court

Dutch law applies exclusively to every agreement between the parties.
The Dutch court in the district where Korner Bikes has its registered office / practice / office has exclusive jurisdiction to take cognizance of any disputes between the parties, unless the law prescribes otherwise.

Last update: Octobre 10, 2023.