General terms and conditions

Art. 1 - Definitions

In these terms and conditions, the following definitions shall apply:

  • Day: calendar day;
  • Consumer: the natural person not acting in the exercise of a profession or business who enters into an agreement with the entrepreneur;
  • Entrepreneur: the natural or legal person offering products and/or services, whether or not at a distance, to consumers;
  • Agreement: an agreement between consumer and entrepreneur, whereby mutual rights and obligations are entered into;
  • Distance contract: an agreement where, in the context of a system organised by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
  • 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;
  • Rescission: the possibility for the consumer to waive the contract within the cooling-off period;
  • Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
  • Reflection period: the period within which the consumer can make use of the option to dissolve or withdraw.

Art. 2 - Identity of the entrepreneur

cycleXperience Netherlands B.V.

Branch address
Bitswijk 13
5401 JA Uden
Chamber of commerce number: 887.335.13
VAT identification number: NL864755193B01

Art. 3 - Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every agreement concluded between entrepreneur and consumer.Before the agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the remote agreement is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible upon request.If the remote agreement is concluded electronically, notwithstanding the previous paragraph and before the remote agreement is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple manner on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that at the consumer's request they will be sent electronically or otherwise free of charge.In case specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favourable to him in case of conflicting general terms and conditions.

Art. 4 - The offer

If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.The offer contains a complete and accurate description of the products on offer. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the offered products. Obvious mistakes or errors in the offer do not bind the entrepreneur.The entrepreneur is not liable for sizes or fits ordered incorrectly by the consumer. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:

  • 4.1 price including taxes;
  • 4.2. the cost of delivery, if any;
  • 4.3. the manner in which the agreement will be concluded and what actions are required for that purpose;
  • 4.4. whether or not the right of withdrawal applies;
  • 4.5. the method of payment, delivery or performance of the agreement;
  • 4.6. the deadline for accepting the offer, or the deadline for honouring the price;
  • 4.7. whether the agreement is archived after its conclusion and, if so, in what way it can be accessed by the consumer;
  • 4.8. the way in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, rectify them;

Art. 5 - The agreement

Subject to the provisions of Article 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the terms and conditions thereby stipulated.If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.The entrepreneur will include the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier:

  • 5.1. the visiting address of the trader's establishment to which the consumer can address complaints;
  • 5.2. the conditions under which and the way in which the consumer can make use of the right of withdrawal in the case of a distance contract, or a clear indication of the exclusion of the right of withdrawal;
  • 5.3. the conditions under which and the way in which the consumer can dissolve the agreement, or a clear indication of the exclusion of the possibility of dissolution;
  • 5.4. the information on existing after-sales services and warranties;
  • 5.5. the details included in article 4 paragraph 4 of these conditions, unless the entrepreneur has already provided the consumer with these details before the execution of the agreement;

Art. 6 - Dissolution

The consumer has the option to dissolve the agreement. This dissolution can only take place in writing, within 8 days after the conclusion of the agreement, but not after delivery has taken place. Within 10 days of dissolution, the consumer is obliged to compensate the entrepreneur for all damage suffered as a result of the dissolution. This damage is set at 20% of the sales value of the agreement, unless the parties agreed on a lower percentage when concluding the agreement.Dissolution of an agreement, in which products have been ordered by the entrepreneur for the consumer at the express request of the consumer and for which full payment in advance has been requested from the consumer, is not possible.

Art. 7 - Right of withdrawal in the distance contract

When purchasing products, the consumer has the option of dissolving the distance contract without giving reasons for 14 days. During this period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product to the trader with all delivered accessories and - if reasonably possible - in the original state and packaging, within 14 days of the invoice date, in accordance with the reasonable and clear instructions provided by the trader.

Art. 8 - Costs in case of withdrawal

If a consumer makes use of his right of withdrawal, he will be responsible for at most the costs of returning the goods.If a consumer makes use of his right of withdrawal, but does not return the entire order, he will be responsible for the shipping costs (if any) as well as the costs of returning the goods.If the consumer has paid an amount, the trader will refund this amount as soon as possible, but at the latest within 14 days after the return or withdrawal.

Art. 9 - Exclusion of right of withdrawal

If the consumer does not have a right of withdrawal, this can only be excluded by the trader if the trader clearly stated this in the offer, at least in good time before concluding the contract. Exclusion of the right of withdrawal is only possible for the following products:

  • 9.1 created by the entrepreneur in accordance with the consumer's specifications;
  • 9.2 that are clearly personal in nature;
  • 9.3 which by their nature cannot be returned;
  • 9.4 that spoil or age quickly;
  • 9.5 for audio and video recordings and computer software of which the consumer has broken the seal.

Art. 10 - The price

During the validity period stated in the offer, the prices of the products and/or services on offer will not be increased, except for price changes due to changes in statutory VAT rates.If a price is erroneously incorrectly stated in the shop or on the trader's website and this has been communicated by the trader to the consumer in writing, the consumer has the right to cancel the order or have the order carried out at the correct price. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.The prices mentioned in the offer of products include VAT.

Art. 11 - Delivery and execution

The trader will take the greatest possible care in carrying out the contract.The place of delivery is the address that the consumer has made known to the trader.Taking into account that which is stated in article 4 of these general terms and conditions, the trader will carry out accepted orders with convenient speed but at the latest within 30 days unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed about this within 14 days after the order was placed. In that case, the consumer has the right to dissolve the agreement without costs.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. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless explicitly agreed otherwise. Delivery to PO Box numbers, reply numbers and NAPO addresses (military addresses) is excluded.

Art. 12 - Payment

Payment should be made upon delivery. At the request of the consumer or the entrepreneur, payment can also be made in advance via iDEAL or by bank transfer. At the request of the consumer or the entrepreneur, a down payment may be required prior to delivery. The consumer has the duty to immediately report inaccuracies in payment details provided or mentioned to the entrepreneur. In case of non-payment by the consumer, the entrepreneur has, subject to legal restrictions, the right to charge the reasonable costs communicated in advance to the consumer.

Art. 13 - Exchanges and returns on contract (not distance)

When purchasing products, the consumer has the possibility of exchanging or returning products for 14 days, this period commences on the invoice date. If he wishes to make use of the opportunity to exchange or return products, he will return the product, provided with the original (digital) invoice or proof of purchase together with all delivered accessories in the original condition and packaging, to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur. If it concerns a bundle, it should be returned in its entirety. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the return. Shipping costs for returning products shall be borne by the consumer.

Art. 14 - Exchange and return exclusions

Excluded from the possibility of exchange or return are products:

  • 14.1 that have been created by the entrepreneur in accordance with consumer specifications;
  • 14.2 that have been delivered to the consumer by the proprietor ready-to-ride, assembled and/or adjusted.
  • 14.3 which have been entered by the entrepreneur in the consumer's name in the RDW register.
  • 14.4 which have been ordered for the consumer at the consumer's express request and for which the entrepreneur has requested full payment from the consumer in advance.
  • 14.5 that are clearly personal in nature;
  • 14.6 which cannot be returned due to their nature. This includes products which cannot be returned for reasons of health protection or hygiene;
  • 14.7 that spoil or age quickly;
  • 14.8 for audio and video recordings and computer software for which the consumer has broken the seal.

Art. 15 - Guarantee provisions

The entrepreneur guarantees that the delivered products comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability and the existing legal provisions and/or government regulations on the date of the conclusion of the agreement.