Definitions

1. Bike Cleaner: Bike Cleaner BV, established in Harmelen under Chamber of Commerce no. 84256680

2. Customer: the person with whom Bike Cleaner has entered into an agreement.

3. Parties: Bike Cleaner and customer together

4. Consumer: a customer who is also an individual and who acts as a private person.
    

Applicability of general terms and conditions

1. These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products from Bike Cleaner.

2. Parties can only deviate from these terms and conditions if they have expressly agreed to this in writing.

3. The parties expressly exclude the applicability of additional terms and conditions and/or deviating general terms and conditions of the customer or third parties.
    

Prices

1. All prices charged by Bike Cleaner are in euros, are exclusive of VAT and exclusive of other costs such as administration costs, levies and travel, shipping or transport costs, unless explicitly stated otherwise or otherwise agreed.

2. Increases in the cost prices of products or parts thereof, which Bike Cleaner could not foresee at the time of making the offer or the conclusion of the agreement, may give rise to price increases.

3. The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 2, unless the increase is the result of statutory regulations.

Payments and payment term

Bike Cleaner only sends products if the amount from the agreement has been paid in full.

Delivery

1. Delivery takes place while stocks last.

2. Delivery takes place at Bike Cleaner, unless the parties have agreed otherwise.

3. Delivery of products ordered online takes place at the address indicated by the customer.

Delivery time

1. The delivery times stated by Bike Cleaner 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.

2. The delivery time starts when the customer has fully completed the ordering process and has received an (electronic) confirmation from Bike Cleaner.

3. Exceeding the specified delivery time does not entitle the customer to compensation or the right to dissolve the agreement, unless Bike Cleaner is unable to deliver within 14 days after being required to do so in writing or if the parties have agreed otherwise.

Actual delivery

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

Transportation costs

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

Packing and Shipping

1. 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 Bike Cleaner cannot be held liable for any damage. .

2. If the customer takes care of the transport of a product himself, he must report any visible damage to products or the packaging to Bike Cleaner prior to transport, failing which Bike Cleaner cannot be held liable for any damage.

Storage

1. If the customer only accepts ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.

2. Any additional costs as a result of early or late purchase of products will be fully borne by the customer.

Assembly/ Installation

Although Bike Cleaner 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.

Guarantee

1. The warranty with respect to products only applies to defects caused by faulty workmanship, construction or material.

2. The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or incompetence in use by the customer, as well as when the cause of the defect cannot be clearly determined.

3. 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 factually delivered, or at least come under the control of the customer or a third party. who takes delivery of the product on behalf of the customer.

Disclaimer

The customer indemnifies Bike Cleaner against all claims from third parties related to the products and/or services supplied by Bike Cleaner.

Complaints

1. The customer must examine a product or service provided by Bike Cleaner as soon as possible for any shortcomings.

2. If a delivered product or service does not meet what the customer could reasonably expect from the agreement, the customer will service Bike Cleaner there as soon as possible, but in any case within 1 month after the discovery of the defect. shortcomings.

3. Consumers must inform Bike Cleaner of this no later than 2 months after discovery of the shortcomings.

4. The customer provides as detailed a description as possible of the shortcoming, so that Bike Cleaner is able to respond to it.

5. The customer must demonstrate that the complaint relates to an agreement between the parties.

6. If a complaint relates to ongoing work, this can in any case not lead to Bike Cleaner being obliged to perform other work than has been agreed.

Notice of default

1. The customer must notify Bike Cleaner of notice of default in writing.

2. It is the customer's responsibility that a notice of default actually reaches Bike Cleaner (on time).

Joint and several liability customer

1. Bike Cleaner is only liable for any damage suffered by the customer if and insofar as the damage is caused by intent or willful recklessness.

2. If Bike Cleaner is liable for any damage, it is only liable for direct damage arising from or related to the execution of an agreement.

3. Bike Cleaner is never liable for indirect damage, such as consequential damage, lost profit, lost savings, or damage to third parties.

4. If Bike Cleaner is liable, this liability is limited to the amount that is 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 the (part of the) invoice amount on which the liability relates.

5. 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.

Expiration period

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

Right of dissolution

1. The customer has the right to dissolve the agreement if Bike Cleaner fails imputably in the fulfillment of its obligations, unless these shortcomings do not justify termination due to their special nature or minor significance.

2. If the fulfillment of the obligations by Bike Cleaner is not permanently or temporarily impossible, dissolution can only take place after Bike Cleaner is in default.

3. Bike Cleaner has the right to dissolve the agreement with the customer if the customer does not fully or not timely fulfill his obligations under the agreement, or if Bike Cleaner has taken cognizance of circumstances that give him good grounds to fear that the customer will not be able to properly fulfill its obligations.

Force of the majority

1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure by Bike Cleaner in the fulfillment of any obligation with regard to the customer cannot be attributed to Bike Cleaner in a situation independent of Bike Cleaner's will, as a result of which the fulfillment of its obligations towards the customer is wholly or partially prevented or as a result of which the fulfillment of its obligations cannot reasonably be expected from Bike Cleaner.

2. The force majeure situation referred to in paragraph 1 also includes, but is not limited to: state of emergency (such as civil war, revolt, riots, natural disasters, etc.) non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom outages, computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.

3. If a force majeure situation occurs as a result of which Bike Cleaner cannot fulfill 1 or more obligations to the customer, the obligations will be suspended until Bike Cleaner can meet them again.

4. From the moment that a force majeure situation has lasted at least thirty days, both parties may dissolve the agreement in writing or in part.

5. Bike Cleaner does not owe any (damage) compensation in a force majeure situation, even if it benefits from any advantage as a result of the force majeure situation.

Amendment of the agreement

1. If after the conclusion of the agreement for its implementation it appears necessary to change or supplement its content, the parties will adjust the agreement in a timely manner and in mutual consultation.

2. The previous paragraph does not apply to products purchased in a physical store.

Change of terms and conditions

1. Bike Cleaner is entitled to change or supplement these general terms and conditions.

2. Minor changes can be made at any time.

3. Bike Cleaner will discuss major substantive changes with the customer in advance as much as possible.

4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.

Transfer of rights

1. Rights of the customer under an agreement between the parties cannot be transferred to third parties without the prior written consent of Bike Cleaner.

2. This provision applies as a stipulation with effect under property law as referred to in Section 3:83(2) of the Dutch Civil Code.

Consequences of nullity or voidability

1. If 1 or more provisions of these general terms and conditions prove to be invalid or voidable, this will not affect the other provisions of these terms and conditions.

2. A provision that is void or voidable will in that case be replaced by a provision that comes closest to what Bike Cleaner had in mind when drafting the conditions on that point.

Applicable law and competent court

1. Only Dutch law applies to every agreement between the parties.

2. The Dutch court in the district where Bike Cleaner is located has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise.