General Terms and Conditions for Van Nicholas – Consumers – version 01/01/2017
These general terms and conditions are available on and can be downloaded from www.vannicholas.com
General Terms and Conditions
- General Terms and Conditions for Van Nicholas – Consumers version 01/01/2017
- Accell Western Europe, trading under the brand name Van Nicholas, the party acting as seller or supplier of Products.
- The natural person not trading in the performance of his duties or the course of his company and the party buying Van Nicholas Products who takes up the offer of Van Nicholas and/or arranges an agreement with Van Nicholas, respectively.
Right to Terminate
- The Consumer’s right to terminate a distance agreement outside the sales premises without giving reasons and within a deadline of 14 days.
- Distance Agreement by the Parties.
- Van Nicholas and Consumer jointly.
- All products, including bicycles, bicycle parts, clothing and accessories offered by Van Nicholas to Consumers.
1. Identity of Van Nicholas
- 1.1. Accell Western Europe, trading under the brand name Van Nicholas, established in Heerenveen, the Netherlands, with visiting address Tinweg 9, 8445 PD Heerenveen, the Netherlands and postal address PO Box 167, 8440 AD Heerenveen, the Netherlands. Contact details +31 (0)513 788123 and firstname.lastname@example.org. Registered in the Trade Register for the Chamber of Commerce in the Netherlands under reference number: 01054298. VAT registration number: NL008084531B01.
- 2.1. These general terms and conditions shall apply to any and all requests, offers and agreements under which Van Nicholas acts as seller or provider of Products and the Consumer acts as the counterparty. Deviations from one or more stipulations of these general terms and conditions are only possible if the Parties agree to do so expressly in writing.
- 2.2. These terms and conditions are also applicable to agreements with Van Nicholas for the performance of which third parties are engaged.
- 2.3. Before the agreement is concluded, the text of these General Terms and Conditions will be provided to the Consumer. If that is not reasonably possible, Van Nicholas will state how the General Terms and Conditions can be consulted and will send them at the Consumer’s request as quickly as possible, free of charge, before the agreement is concluded.
- 2.4. If an Agreement can be arranged electronically, the text of the General Terms and Conditions will be made available to the Consumer electronically in a manner permitting the Consumer to save them easily on a durable data carrier. If that is not reasonably possible, it will be specified how the General Terms and Conditions can be consulted electronically and that they will be sent electronically or in another format at the Consumer’s request free of charge before the agreement is concluded.
3. Offer and formation of the agreement
- 3.1. If an offer from Van Nicholas has a limited period of validity or is subject to conditions, this will be specified explicitly in the offer.
- 3.2. The offer will contain a full and accurate description of the Products offered. The description will be sufficiently detailed to make it possible for the Consumer to make a good assessment of the offer. All representations made by Van Nicholas regarding numbers, sizes, weights, colours and/or other specifications will be made with care. Van Nicholas does not guarantee that there will not be any deviations. Obvious mistakes or errors in the offer are not binding on Van Nicholas. If the delivered Product deviates so much from the representations made by Van Nicholas that the Consumer cannot reasonably be expected to buy it, the Consumer has the right to terminate the Agreement.
- 3.3. Subject to the stipulations in article 3.4 and 3.5, an Agreement comes into being at the moment that the Consumer, by placing an order, accepts the offer from Van Nicholas and by fulfilling the associated conditions.
- 3.4. An offer from Van Nicholas will no longer be valid if the Product to which the offer relates becomes unavailable in the meantime. In such a case, no Agreement comes into being. An offer on the Van Nicholas website therefore concerns an offer subject to a resolutive condition.
- 3.5. Van Nicholas is allowed to investigate within the legal frameworks whether the Consumer can meet his payment obligations and all the facts and factors that are important for responsibly entering into an Agreement. If Van Nicholas has sound reasons not to enter into an Agreement as a result of the investigation, it is entitled to refuse an order or request by giving reasons or to attach special conditions to the delivery.
- 3.6. If the Agreement is arranged electronically, Van Nicholas will take suitable technical and organisational measures to secure the electronic transfer of data and provide a safe web environment. If the Consumer can pay electronically, Van Nicholas will take the suitable safety measures into consideration.
- 3.7. By the latest upon delivery of the Product to the Consumer, Van Nicholas will send along the following accompanying information, either in writing or in a way that the Consumer can save on a durable data carrier in an accessible manner:
- the visiting address of the offices of Van Nicholas where the Consumer can submit complaints;
- the conditions under which and the manner in which the Consumer can use the right of termination in accordance with article 6:230 of the Dutch Civil Code, or make a clear statement about being excluded from the Right to Terminate including a model termination form;
- the information about guarantees and existing service after purchase;
- the price including all taxes applicable to the Product, the cost of delivery if applicable, the method of payment, delivery and implementation of the Agreement;
4. Prices and Payment
- 4.1. The prices given in the offer include VAT and apply if the Product is delivered in the European Union. VAT is not owed if the Product is delivered outside the European Union. In that case it is possible that local taxes or import duties are due.
- 4.2. The prices given in the offer include transport and assembly costs, unless stated otherwise.
- 4.3. Payment must take place in the currency: Euro. The exchange rate is set by the credit card company or the Consumer’s bank (depending on the choice of payment method).
- 4.4. The Consumer can pay with electronic direct debit via iDEAL. The Consumer can pay during the order process through direct payment from his own bank. Payment by credit card (MasterCard or Visa) is also possible. In the case of credit card payment, the Consumer must supply all required information so the bank of Van Nicholas can collect the sum owed. If the Consumer provides incorrect and/or incomplete information, Van Nicholas is entitled to refuse the payment and demand payment in another manner. Van Nicholas is also entitled to suspend delivery of the Product if payment for it is not received in time or to terminate the Agreement (partially).
- 4.5. Unless otherwise specified in the Agreement, the sum owed by the Consumer must be paid within 30 days of arranging the Agreement. Payments should be made in full.
5. Delivery and risk of transfer
- 5.1. The delivery of the Product is done in accordance with the Consumer’s wishes at the address of the Van Nicholas dealer of his or her choice or at an address/home address specified by the Consumer. Van Nicholas is entitled to subcontract the delivery to a third party.
- 5.2. The risk of loss, damage and/or decrease in value rests with Van Nicholas and is transferred to the Consumer when delivery has taken place at the Consumer’s address/home address or, if delivered to a dealer, when the Consumer picks it up.
- 5.3. If a Consumer’s order consists of several Products, Van Nicholas retains the right to deliver them to the Consumer in several packages and to invoice each package separately.
- 5.4. If a deadline is set for the delivery of a Product, it is a target deadline and not one a strict deadline. Nevertheless, Van Nicholas will fulfil orders efficiently but definitely within 30 days of the order being placed by the Consumer, unless another delivery deadline has been agreed and unless the delivery is delayed. If the delivery is delayed or if an order cannot be executed or can only be partially executed, the Consumer will be notified by Van Nicholas accordingly no later than 30 days after placing the order.
6. Retention of title
- 6.1. Van Nicholas retains the ownership right to all Products that it has delivered or will deliver until the moment of full payment of all current amounts owed under Agreement between Van Nicholas and the Consumer, as well as the claims that Van Nicholas might obtain versus the Consumer in connection with default in compliance with the Agreement.
- 6.2. Until the title of the delivered Products has been transferred to the Consumer, the Consumer may not pledge the Products or establish other security rights on the Products.
7. Right to Terminate
- 7.1. The Consumer has a reflection period of 14 days, during which he/she has the right to terminate the Agreement concluded for the purchase of a Product, without stating reasons. Van Nicholas is entitled to ask the Consumer about the reason for the termination, but he/she is not obliged to reply.
- 7.2. The reflection period mentioned above starts the day after the Consumer, or the third party designated by the consumer in advance, who is not the transporter, receives the product or:
- if the Consumer has ordered several Products in one order: the day on which the Consumer, or the third party designated by him or her, received the last Product; or
- if the delivery of a Product consists of several shipments or parts, the day on which the Consumer, or the third party designated by him or her, received the last shipment or part.
8. Obligations of the Consumer during the reflection period
- 8.1. During the reflection period as described in article 7.1, the Consumer shall handle the Product and the packaging with care. The Product may only be unpacked or used to the extent necessary to establish the nature, characteristics and operation of the Product. The starting point is that the Consumer may only handle and inspect the Product as he or she would in a physical shop.
- 8.2. The Consumer is exclusively liable for a decrease in value of the Product resulting from handling the Product in a manner that exceeds what is permitted in the previous paragraph of this article.
9. Practice of the Right to Terminate by the Consumer and the associated costs
- 9.1. If the Consumer exercises his or her Right to Terminate as stated in article 7, he/she must report that to Van Nicholas within the reflection period using the model termination form supplied as appendix to these general terms and conditions, or in another, unambiguous manner.
- 9.2. As soon as possible, but certainly within 14 days from the notification specified in par. 1, the Consumer returns the Product to the address of Van Nicholas. This is not necessary if Van Nicholas has offered to collect the Product from the Consumer. The Consumer has taken the return deadline into account if he/she returns the Product before expiry of the reflection period.
- 9.3. The Consumer shall return the Product with all supplied accessories in the original condition and packaging if reasonably possible and in conformity with the reasonable and clear instructions provided by Van Nicholas. The risk and burden of proof for a timely and proper exercise of the Right to Terminate lie with the Consumer.
- 9.4. The Consumer bears the direct cost for returning the Product. If Van Nicholas has not stated that the Consumer must bear that cost or if Van Nicholas has stated that it will bear that cost, then the Consumer does not have to bear the cost for the return shipment.
- 9.5. If the Consumer exercises his or her Right to Terminate, all supplementary Agreements are dissolved ipso jure.
10. Obligations on the part of the Van Nicholas when Consumer exercises Right to Terminate
- 10.1. If Van Nicholas allows the Consumer to report the termination electronically, it will send out a confirmation of receipt after receiving this notification without delay.
- 10.2. Van Nicholas will reimburse all payments made by the Consumer, including any delivery costs charged by Van Nicholas for the returned Product without delay and within 14 days after the day on which the Consumer notified it of the termination. Unless Van Nicholas has offered to collect the Product, it can wait with reimbursement until it has received the Product or until the Consumer has confirmed that he/she has returned the Product, whichever deadline is earlier.
- 10.3. Van Nicholas shall refund the payment via the same payment method as used by the Consumer, unless the Consumer has agreed to another refund method. The reimbursement is free of charge for the Consumer.
- 10.4. If the Consumer has chosen a more expensive delivery method than the cheapest standard delivery, Van Nicholas is not obliged to reimburse the additional cost for the more expensive method.
11. Exclusion of Right to Terminate
- 11.1. Van Nicholas can exclude the following Products from the Right to Terminate, but only if Van Nicholas has made this clear in the offer, at any rate before concluding the Agreement:
- Tailor-made options, Products prepared according to the Consumer’s specifications and not prefabricated, which were prepared in conformity with an individual choice or decision of the Consumer or were clearly destined for a specific person.
- 12.1. Without prejudice to other rights granted by law to the Consumer, Van Nicholas provides a manufacturer's warranty on its Products as included in the warranty certificate supplied along with the delivery of the Products.
- 12.2. The warranty period starts from the moment of delivery of the Product (article 5 of these general terms and conditions). Only a fully filled in frame passport can serve as the warranty. Without submitting it, the Consumer has no right to a warranty.
- 13.1. Van Nicholas warrants that the Products conform to the Agreement, the specifications stated in the offer, the reasonable requirements of fitness and/or usability and the statutory provisions and/or government requirements in force at the time that the Agreement is concluded.
- 13.2. The liability of Van Nicholas is limited to the compliance with its obligations as described in par. 1, unless and insofar as mandatory legal provisions prescribe otherwise.
- 13.3. Assembly of the delivered Products must only be done by a Van Nicholas-certified dealer. Van Nicholas is not liable for damage due to incorrect assembly by the Consumer or a third party designated by the Consumer.
- 13.4. Van Nicholas is not liable for losses of any nature whatsoever arising from Van Nicholas having acted on incorrect and/or incomplete information supplied by or on behalf of the Consumer.
- 13.5. Van Nicholas shall never be liable for consequential damage, loss of profits or other forms of purely financial loss, unless and insofar as mandatory legal provisions prescribe otherwise.
14. Force majeure
- 14.1. The Parties are not obliged to abide by obligations arising from Agreement towards the other party if one of the Parties is hindered from compliance owing to circumstances beyond their control. Force majeure is defined as an external cause that cannot be attributed to the Party claiming force majeure, and cannot be charged to the Party by virtue of law, a legal action, or generally accepted practice. A strike by the personnel and/or supplier(s) of Van Nicholas is always considered force majeure, though not exclusively.
- 14.2. During the period in which force majeure persists, the Parties can suspend their obligations arising from the Agreement. If this period exceeds two (2) months, each of the Parties will be entitled to terminate the Agreement, without being under any obligation to compensate the losses of the other party.
15. Complaints Procedure
- 15.1. Van Nicholas has a sufficiently well-known complaints procedure and handles complaints in line with it.
- 15.2. Any complaints about the performance of the Agreement must be submitted to Van Nicholas without delay, in their entirety and clearly defined, after the Consumer has discovered the defects.
- 15.3. Complaints submitted to Van Nicholas will be answered within 14 days from the day of receipt. If it appears that a complaint will require a longer processing time, Van Nicholas will send out a confirmation of receipt within the 14-day deadline along with an indication of when the Consumer can expect to receive the response to the complaint.
16. Applicable Law and Disputes
- 16.1. All legal relationships to which Van Nicholas is party are governed by Dutch law. This applies likewise to a legal relationship which is fulfilled partly or entirely outside the Netherlands or if the party involved in the legal relationship is domiciled in another country. The applicability of the Vienna Sales Convention is excluded.