General Terms and Conditions
Article 1 – Definitions In these terms and conditions, the following definitions apply:
Entrepreneur: the natural or legal person who offers products and/or services to consumers from a distance;
Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Distance contract: an agreement whereby sole use is made of one or more techniques for distance communication within the framework of a system organised by the trader for the distance sale of products and/or services, up to and including the moment that the agreement is concluded;
Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being together in the same room at the same time
Grace period: The period within which the consumer can make use of his right of withdrawal;
Right of withdrawal: the option for the consumer to waive the distance contract within the cooling-off period;
Day: calendar day;
Duration transaction: a distance contract relating to a series of products and / or services, whereby the delivery and / or purchase obligation is spread over time;
Durable data carrier: every means that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that allows for future consultation and unaltered reproduction of the stored information.
Artikel 2 – Identity of the entrepreneur
Fietsservice Veghel, trading under the name Bunkerparts
6586 AG Plasmolen
Telephone number: 085-0805424 (tue-fri 09.00 to 12.00) (saturday 10.00 to 13.00)
E-mail address: [email protected]
KvK number: 17163192
Article 3 – Applicability
These general terms and conditions apply to every offer made by the trader and to every distance contract that is concluded between the trader and the consumer. Before the remote agreement is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general conditions are available for perusal at the entrepreneur’s premises and that they will be sent to the consumer free of charge as soon as possible, at the consumer’s request. If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer in electronic form in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, prior to the conclusion of the distance selling agreement, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent to the consumer free of charge, at his request, either electronically or in some other way.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy and, in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favourable to him/her.
Article 4 – The offer
If an offer has a limited validity or is made under conditions, this will be explicitly mentioned in the offer. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to properly assess the offer. If the entrepreneur uses images, these are a true reflection of the products and / or services offered. For products such as brake pads, archive photographs are used. The actual shape may therefore differ. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
– The price including taxes;
– the possible costs of delivery;
– the way in which the agreement will be brought about and which actions are required for this;
– whether or not the right of withdrawal is applicable;
– the method of payment, delivery or performance of the contract;
– the period for accepting the offer, or the period for adhering to the price;
– the level of the rate of distance communication if the costs of using the technology for distance communication are calculated on a basis other than the basic rate;
– if the agreement is filed after the conclusion, in what way it can be consulted by the consumer;
– the way in which the consumer can become aware of actions which he/she does not want to take before the agreement is concluded, as well as the way in which he/she can rectify these actions before the agreement is concluded;
– the languages in which, besides Dutch, the agreement can be concluded;
– the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
– The minimum duration of the distance contract in the event of a contract that involves the continuous or periodic supply of products or services.
Article 5 – The agreement
The agreement comes into effect, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and the conditions thereby stipulated are fulfilled. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement.
If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a secure web environment.
If the consumer is able to pay electronically, the entrepreneur will take appropriate safety measures.
The entrepreneur can – within legal frameworks – acquaint himself with the ability of the consumer to meet his payment obligations, as well as with all those facts and factors that are important for a sound conclusion of the remote agreement.
If, on the basis of this investigation, the entrepreneur has good reason not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation.
The entrepreneur will, together with the product or service, send the consumer the following information, in writing or in such a way that the consumer can store it in an accessible way on a durable data carrier:
a. the visiting address of the Entrepreneur’s business establishment where the Consumer may lodge complaints;
b. the conditions on which and the way in which the consumer can make use of the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
c. the information on existing after-sales services and guarantees;
d. the data included in article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided the consumer with these data before the execution of the agreement;
e. the requirements for cancelling the agreement if the agreement has a duration of more than one year or is indefinite.
If the entrepreneur has undertaken to deliver a series of products or services, the provision in the previous paragraph only applies to the first delivery.
Article 6a – Right of withdrawal upon delivery of products
When purchasing products, the consumer has the possibility of dissolving the contract, without giving reasons, during fourteen calendar days. This period commences on the day following receipt of the product by or on behalf of the consumer.
During this period the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to judge whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories and – if reasonably possible – in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
Article 6b – Right of withdrawal upon delivery of services
When services are supplied, the consumer has the option of dissolving the contract, without giving reasons, during fourteen calendar days, starting on the day on which the contract was concluded.
To make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur in the offer and / or at the latest on delivery.
Article 7 – Costs in case of withdrawal
If the consumer makes use of his right of withdrawal, he shall bear no more than the costs of return shipment.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 14 days after the return or withdrawal.
Article 8 – Exclusion of right of withdrawal
If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products
a) that have been created by the trader in accordance with the consumer’s specifications;
b) that are clearly of a personal nature;
c) that cannot be returned due to their nature;
d) that spoil or age quickly;
e) the price of which is subject to fluctuations on the financial market over which the entrepreneur has no influence;
f) for individual newspapers and magazines;
g) for audio- and video-recordings and computer software of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services
a) concerning accommodation, transport, restaurant business or leisure activities to be performed on a certain date or during a certain period;
b) the supply of which commenced, with the express consent of the consumer, before the period for reflection had expired;
c) relating to betting and lotteries.
Article 9 – The price
During the validity period mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the trader’s control, at variable prices. This link to fluctuations and the fact that any prices mentioned are recommended prices will be mentioned with the offer.
Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated it and:
a) they are the result of statutory regulations or stipulations; or
b) the consumer is authorized to terminate the contract on the day on which the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.
Article 10 – Compliance and Warranty
The trader guarantees that the products and/or services fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory provisions and/or government regulations that existed on the date that the contract was concluded. An arrangement offered as a guarantee by the trader, manufacturer or importer does not affect the rights and claims the consumer may exercise against the trader in respect of a shortcoming in the performance of the trader’s obligations under the law and/or the distance contract.
Article 11 – Delivery and implementation
The entrepreneur will take the greatest possible care in receiving and implementing orders of products and in assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
Subject to what is stated in article 4 of these general conditions, the company will execute accepted orders expeditiously but not later than 30 days unless a longer delivery period has been agreed. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the consumer will be informed about this at the latest one month after he has placed the order.
In that case, the consumer has the right to dissolve the agreement free of charge and the right to possible compensation. In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.
If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement article. The fact that a replacement article is being delivered will be reported in a clear and comprehensible manner, at the latest upon delivery. The right of withdrawal cannot be excluded with replacement articles. The costs of return shipment shall be borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer, unless explicitly agreed otherwise.
Article 12 – Duration Transactions
The consumer can terminate an agreement that has been entered into for an indefinite period of time at all times, subject to the agreed termination rules and a maximum notice period of one month.
An agreement entered into for a definite period of time has a maximum duration of two years. If it has been agreed that the distance contract shall be extended in the event of the consumer’s silence, the contract shall be continued as a contract for an indefinite period of time and the period of notice after continuation of the contract shall be a maximum of one month.
Article 13 – Payment
As far as no later date has been agreed, sums payable by the consumer should be paid within fourteen days after the goods have been delivered, or in the case of a contract to provide a service, within 14 days after the documents relating to this contract were issued.
When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. When an advance payment has been stipulated, the consumer cannot invoke any right regarding the execution of the order or service(s) concerned before the stipulated advance payment has been made.
The consumer has the duty to inaccuracies in data supplied or specified payment immediately to the operator to report.
In case of non-payment on the part of the consumer, and subject to legal restrictions, the entrepreneur is entitled to charge the consumer for any reasonable costs made known to the consumer in advance.
Article 14 – Complaints procedure
The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure. Complaints about the implementation of the agreement must be submitted to the entrepreneur within reasonable time, fully and clearly described, after the consumer has found the defects.
Complaints submitted to the trader will be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication of when the consumer can expect a more detailed answer.
Article 15 Intellectual property.
The Buyer expressly acknowledges that all intellectual property rights to the information, communications or other expressions regarding the products and/or regarding the internet site rest with Fietsservice Veghel, its suppliers or other entitled parties.
Article 16 Personal details
Article 17 Applicable law and competent court.
All offers made by Bunkerparts, its agreements and their execution are exclusively governed by Dutch law. Applicability of the Vienna Sales Convention is expressly excluded.
Article 18 Links
The Bunkerparts site may contain advertisements of third parties or links to other sites. Bunkerparts has no influence on, and is not responsible for, the privacy policies of these third parties or their sites.
Article 19 Your rights
You may at any time ask Bunkerparts what data about you are being processed. To this end, you may send an e-mail. You can also ask by e-mail for improvements, additions or other corrections, which Bunkerparts will process as soon as possible. If you no longer wish to receive information, please let us know. Information will only be sent to you if you have provided your e-mail address for this purpose.
Article 20 Liability
Bunkerparts shall not be liable for any damage resulting from the use or installation of products supplied by them. Some of our products are specially designed for track use, not for public roads! Before you mount a part on your motorbike, you must ensure whether it is allowed for your bike, we are not liable when mounting or using these products.
Article 21- Additional or different provisions
Additional provisions or provisions deviating from these general conditions, may not be to the detriment of the consumer and should be recorded in writing or in such a way that the consumer can be stored in an accessible manner on a durable data carrier.
General terms and conditions were last updated on 26-09-2018.