GENERAL TERMS AND CONDITIONS (BENELUX)
The terms shown below, including plurals, have the following meanings for the purpose of this Agreement:
You/Your: the individual, i.e. the consumer or other person, or entity forming the contractual, or other party to WorkCycles.
Consumer: an individual trading not on behalf of a company, nor in pursuit of his occupation.
WorkCycles: WorkCycles B.V., Lijnbaansgracht 32 B-Hs, 1015 GP Amsterdam, The Netherlands, www.workcycles.com.
Agreement: Your order, the confirmation thereof and these General Terms.
Party: each party to the Agreement.
Product: goods made available or delivered under the Agreement, including bikes, mopeds, motorcycles, motorbikes and scooters as well as related items and services for maintenance and repair purposes.
Validity of Terms
1. These General Terms are applicable to all quotations from, orders to and Agreements with WorkCycles. Unless explicitly agreed otherwise in writing, no other general terms are valid.
2. These General Terms are registered with the Chamber of Commerce in Amsterdam, the Netherlands under the number 34186218 and will be forwarded to You by WorkCycles on request and free of charge. These General Terms are also available via www.workcycles.nl.
Effectuation of the Agreement
3. An Agreement comes into force upon Your order and the confirmation of this order by WorkCycles by means of an order confirmation.
4. WorkCycles may refuse orders, with motivation, or alternatively attach specific terms to the delivery.
5. You may cancel the Agreement in writing within 8 (eight) days after the Agreement has come into effect, but not after delivery has occurred. You are obliged to compensate WorkCycles for all damages incurred as a result of the cancellation within 10 (ten) days after cancellation. These damages are set at a fixed 15 % (fifteen per cent) of the purchase price of the cancelled Product. If after 10 (ten) days You have not paid this compensation, WorkCycles may demand that the Agreement still be fulfilled. In that case you will no longer be entitled to cancel.
Prices and payments
6. WorkCycles is not bound by quotations in the event of printing, typesetting or programming errors in the company’s advertisements, catalogues, mailings or on the company’s websites. Prices mentioned in the company’s advertisements, catalogues, mailings or on the Internet can be altered at any time. The prices mentioned in the confirmation from WorkCycles are binding.
7. You pay the price for the Products, (and if applicable, the shipment thereof), mentioned in the confirmation sent by WorkCycles. Prices are in euros including VAT (Dutch sales tax) and other duties.
8. Changes in VAT and other duties, as well as price increases as a result of changes in the factory and/or importer’s prices and exchange rates will be passed on. You are entitled to revoke the Agreement after notification of this change, where the increase occurs after the Agreement has been concluded. Revocation of the Agreement must take place within 10 (ten) days after notification has been given.
9. Prior to issuing an order to repair a Product, You may request a quotation for the time and cost of the repair. Any price and time given are estimates. If the cost of repairing a Product is greater than €20.00 (twenty euros), and exceeds or threatens to exceed the quoted amount by more than 20% (twenty per cent), WorkCycles will contact You to discuss the additional cost.
10. Products purchased by Consumers will be paid for prior to delivery. In other cases payment will take place by the means stated on the invoice, without deduction or compensation, within 14 (fourteen) days after receipt of the invoice. WorkCycles may set additional (payment/order) terms. Where payment is made by bank or giro the payment date is the date on which the WorkCycles giro or bank account respectively is credited.
11. In the event of late payment WorkCycles is entitled to charge the statutory (trade) interest and extrajudicial collection expenses, with a minimum of €150.00 (one hundred and fifty euros).
Delivery and reservation of proprietary rights
12. Products in stock will generally be supplied within 2 (two) weeks. Delivery times for non-stock Products will vary; ask for details when You place Your order. Delivery is made by collecting the Products from the WorkCycles office or workshop, unless specified otherwise by WorkCycles.
13. If shipment cannot take place on time or at the agreed location, You will receive notification as soon as possible. Late delivery does not entitle You to any compensation.
14. After You or the carrier have collected the Product, the risk of damage or loss is transferred to You and/or the carrier. WorkCycles supplies ex works and is not liable for the Products once they have been collected.
15. All Products supplied by WorkCycles remain the property of WorkCycles or their suppliers until payment has been received in full, including any possible interest and collection charges due. WorkCycles is not obliged to indemnify You against Your liability as owner of a Product.
16. You are obliged to inspect the Product immediately upon receipt. You should notify WorkCycles of any de-faults within 5 (five) days of receipt. Defaults are demonstrable deviations in a Product from the agreed specification. After this deadline, all rights to claim against WorkCycles with respect to defaults lapse.
17. If a claim is found by WorkCycles to be valid, WorkCycles will refund the Product, repair or replace it with similar items entirely of their own choice.
18. Returns of pre-packed products will only be accepted where the Product packaging is undamaged and the plastic seal on the packaging has not been broken. Any associated payment already received will be returned within 30 (thirty) days of the cancellation, at the latest. The costs of the return shipment are at Your expense.
Intellectual Property Rights
19. The intellectual property rights, such as copyrights, trademark rights, patent rights, design rights, trade name rights, database rights and related rights, as well as rights to the know-how on all Products made available by WorkCycles are held by WorkCycles and/or their suppliers.
20. You are not allowed to remove any marks belonging to the rights owner regarding the intellectual property rights on the Products.
21. With the exception of when obliged to do so by law, You are prohibited from duplicating, replicating, dismantling, or reverse engineering the Product. Furthermore it is forbidden to remove or circumvent any security or technical restrictions on (or in the use of) the Product.
22. WorkCycles may have a lien on the Product, if and for as long as You:
a. have not paid the costs of work on the Product in full;
b. have not paid the costs of work previously carried out by WorkCycles on the same Product, or have not paid these in full;
c. have not paid, or have not paid in full any other claims arising from the contractual relationship with WorkCycles.
23. Unless specifically agreed otherwise in writing, WorkCycles is not subject to any guarantees other than those provided for in these Terms, with the exception of those prescribed by law. Under all circumstances defects due to normal wear and tear or as a result of abnormal use are exempt from any guarantee. No guarantee is given on any emergency repairs commissioned.
24. Unless specific qualities have been explicitly agreed, it is sufficient for WorkCycles to supply Products of standard (trade) quality. The Products will only have those characteristics suitable for the purpose for which they are intended.
25. Any rights to claim under the guarantee lapse if:
a. You fail to inform WorkCycles of the defect as soon as possible after you have discovered the defect and
b. WorkCycles is not the first to be given the opportunity to repair the defect.
26. The guarantee is valid should the immediate need for repair have arisen elsewhere and this can be shown by You on the basis of information provided by the person who carried out the repairs and/or on the basis of the broken parts. Under such circumstances compensation will be made for the cost of the repairs ac-cording to WorkCycles maximum price level, but never more than the actual costs incurred.
27. WorkCycles is not liable for misunderstandings, alteration, delay or inadequate transmission of orders and communication as a result of the use of the Internet, or any other means of communication, in correspondence between You and WorkCycles, or WorkCycles and third parties, where this pertains to the relationship between You and WorkCycles.
28. Furthermore, WorkCycles is not liable for any indirect damage to You or third parties, including consequential damage, loss in turnover and profit, loss of data and emotional injury, connected to or resulting from the Agreement or use of the Products.
29. With the exception of where otherwise determined by law, and without prejudice to the provisions contained elsewhere in the Agreement, WorkCycles’ liability towards You, in any capacity whatsoever, per event, (whereby a series of connected events will count as one single event), is limited to the amount paid by You to WorkCycles in the current calendar year.
30. If You are not a Consumer, You indemnify WorkCycles against any claims from third parties, in any capacity whatsoever, pertaining to compensation for damage, costs or interest, with respect to, or arising from the Agreement or use of the Products.
31. The previous clauses in these articles are not applicable if and insofar as the damage in question has been caused with intent or by deliberate recklessness on the part of WorkCycles.
32. A Party is exempt from meeting one or more of its obligations, with the exception of obligations to make financial payment, where it is prevented from doing so as a result of circumstances beyond its control.
33. Such circumstances include non-culpable shortcomings on the part of WorkCycles, third parties or suppliers brought in by WorkCycles, as well as every situation over which the Party concerned is in fact unable to exercise any (deciding) control, including – but not limited to – the non-functioning or reduced functioning of the Internet, postal service, electricity network, computer systems and/or networks.
34. As soon it is clear that such a case of force majeure will last for longer than 3 (three) months, the other Party has the right to cancel the Agreement, without being liable for damages.
Applicable law and jurisdiction
35. These General Terms and the Agreement are subject to Dutch and Belgian law for Consumers resident in the Netherlands or Belgium/Luxembourg respectively. If You are not a Consumer, these General Terms and the Agreement are subject to Dutch law.
36. All disputes between Parties will be presented exclusively before an authorized Court in the Benelux.
37. Your personal details mentioned in the Agreement or otherwise obtained, will be processed by WorkCycles in line with Dutch Data Protection legislation (Wet Bescherming Persoonsgegevens). The processing of Your personal details is registered with the Dutch Data Protection Authority (College bescherming persoonsgegevens) under number m1383723. On the basis of this, WorkCycles can implement the Agreement, carry out any obligations under the guarantee given to You, provide You with optimum Products, Product information and personalized offers. Any objection You may have to the use of Your details for direct mailing purposes will be immediately respected.
38. This translation of these General Terms into English is provided for Your convenience. In the case of disputes, the Dutch version will be binding.
2. General Use Provisions
2.2. This website is provided by WorkCycles or by third party manufacturers, authors, developers and vendors (‘Third Party Providers’) and is the intellectual property of WorkCycles and/or Third Party Providers. Except where expressly provided otherwise by WorkCycles, nothing on this Website shall be construed to confer any license offer for license or sale under any of WorkCycles’ or any Third Party Provider’s intellectual property rights. You acknowledge sole responsibility for obtaining any such licenses. Contact WorkCycles if you have any questions about obtaining such licenses.
2.3. You are yourself responsible for the protection and back-up of your (computer) data and/or objects which are used with regard to this website.
3. Unauthorized Use
3.1. Subject to legal exceptions this website may not be (partially or as a whole) duplicated (framing also in-cluded) copied, reproduced, distributed, re-published, shown at public events, forwarded in whatever form whatsoever, or made available to third parties without WorkCycles’ prior express written permission. Un-authorised use of this website represents a violation of intellectual property rights of WorkCycles or Third Party Providers and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
3.2. Circumventing, hacking or other violation of the website, WorkCycles’ security and/or login systems is expressly prohibited. WorkCycles reserves the right to exclude certain IP-addresses if violation has been committed from them, or attempts with this aim have been undertaken, or illegitimate use of its systems has taken place. To this end WorkCycles can monitor the access to its websites. This does not impede WorkCycles’ remaining rights to prosecution.
3.3. Unauthorized or improper use of this website or its content can result in an infringement of intellectual (property) rights or an unlawful breach of privacy, publication, communication and other matter(s). You are responsible for all data and requests which you send from the website.
4.1. Subject to personal details all comment, feedback, information or material in the broadest sense of the word sent to WorkCycles (‘Submissions’) are considered as non-confidential and WorkCycles property.
4.2. At no charge WorkCycles will be free to apply the Submissions worldwide to its own perception on an indefinite basis and for any purpose. WorkCycles obtains the turnover of the Submissions. However, you are and remain responsible for your Submissions, including legality, reliability, appropriateness, originality and respect of intellectual property rights of third parties.
4.3. Workcycles does not warrant that e-mails or other electronic messages transmitted to WorkCycles via this website are swiftly received and processed, and accepts no liability for consequences of lack of or late receipt or processing of them.
5.2. You will indemnify WorkCycles, its executives, employees, representatives, trade partners and the author(s) of this website against any judicial and non-judicial proceedings, condemnations, etc., in-cluding any costs for legal assistance, accountants etc. which are a direct or indirect consequence of your use of this website and/or your violation of any legal regulation whatsoever or rights of third parties.
6. Local Law; Export Control
WorkCycles controls and operates this website from its headquarters in Amsterdam, The Netherlands, and makes no representation that this website is appropriate or available for use in other locations. If you use this website from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries. Unless otherwise ex-plicitly stated, all marketing or promotional materials found on this website are solely directed to indi-viduals, companies or other entities located in the European Union, The United States and Canada.
7.1. WorkCycles and the Third Party Providers may make improvements and changes in this website at any time without prior notice.
7.2. Workcycles has the right to cancel (the publication of) this website (partially or as a whole) at any time without prior notice.