Terms and Conditions

Article 1 – Definitions
In these terms and conditions the following definitions apply:
1. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
2. Consumer: the natural person who does not act in the course of a profession or business and who enters into a distance contract with the entrepreneur;
Distance contract: an agreement in which, within the framework of a system organized 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 communication on distance;
4. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur meeting simultaneously in the same room;
5. Reflection period: the period within which the consumer can make use of his right of withdrawal;
6. Right of withdrawal: the option for the consumer to waive the distance contract within the cooling-off period;
7. Day: calendar day;
8. Duration transaction: a distance contract with regard to a series of products and/or services, the deliveries and/or purchase obligation of which is spread over time;
9. Durable data carrier: any means that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that allows future consultation and unaltered reproduction of the stored information.

Article 2 – Identity of the entrepreneur
MTB4YOU B.V. (MTB-GEAR.NL)
Phone number: 0318-423636
E-mail address: [email protected]
Chamber of Commerce number: 81756976
VAT identification number: NL862209043B01

Article 3 - Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and they will be sent free of charge as soon as possible at the request of the consumer.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it is consumer can be stored in a simple way 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 consulted electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision in the event of conflicting general terms and conditions. most favorable.

Article 4 - The offer
1. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
3. 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:
· the price including taxes;
· any delivery costs;
· the manner in which the agreement will be concluded and which actions are required for this;
· whether or not the right of withdrawal applies;
· the method of payment, delivery or performance of the agreement;
· the term for acceptance of the offer or the term for keeping the price unconditional;
· the level of the rate for 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 archived after its conclusion, how it can be consulted by the consumer;
· the way in which the consumer can become aware of acts that he does not want before concluding the agreement, as well as the way in which he can rectify these before the agreement is concluded;
· the possible languages ​​in which, in addition to Dutch, the agreement can be concluded;
the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically
· the minimum duration of the distance contract in the event of an agreement that extends to continuous or periodic delivery of products or services.

Article 5 - The agreement
1. Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by the consumer of the offer and compliance with the associated conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur 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.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur can inform himself – within legal frameworks – whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the implementation.
5. The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
a. the postal address of the establishment of the entrepreneur where the consumer can go with complaints;
b. the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information about existing after-sales service and guarantees;
d. the information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
6. 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
A trial period of 14 calendar days applies to your orders. You may view, assess and/or try on the item within this period, unless stated otherwise. Are you not satisfied? You can return almost all items purchased at mtb-gear.nl complete and - as far as reasonably possible - in the original condition and packaging within the trial period. You therefore have the right to cancel your order up to 14 days after receipt without giving any reason. After cancellation you have another 14 days to return your product. You will then be credited the full order amount including shipping costs. Only the costs for return from your home to the webshop mtb-gear are for your own account. If you make use of your right of withdrawal, the product will be returned to the entrepreneur with all accessories supplied and - if reasonably possible - in the original condition and packaging. To exercise this right, please contact us at [email protected] or you can use the return form, which can be found on our website. We will then refund the order amount due within 14 days after receipt and verification of your return.

Article 6b - Right of withdrawal upon delivery of services
1. When providing services, the consumer has the option to dissolve the agreement without stating reasons during 14 calendar days, commencing on the day of entering into the agreement.
2. To make use of his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

Article 7 - Costs in case of withdrawal
1. If the consumer makes use of his right of withdrawal, the costs of return will be for his account.
2. 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 or withdrawal.

Article 8 - Exclusion right of withdrawal
1. 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.
2. Exclusion of the right of withdrawal is only possible for products:
a) that have been created by the entrepreneur in accordance with the consumer's specifications;
b) which are clearly personal in nature;
c) which cannot be returned due to their nature;
d) which can spoil or age quickly;
e) the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
f) for loose newspapers and magazines;
g) for audio and video recordings and computer software of which the consumer has broken the seal.

Article 9 - The price
1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any prices stated are target prices are stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a) they are the result of statutory regulations or provisions; or
b) the consumer has the right to cancel the agreement on the day on which the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.

Article 10 - Conformity and Warranty
1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the statutory provisions existing on the date of the conclusion of the agreement. regulations and/or government regulations.
2. A scheme offered by the entrepreneur, manufacturer or importer as a guarantee does not affect the rights and claims that the consumer can assert against the entrepreneur with regard to a shortcoming in the fulfillment of the entrepreneur's obligations towards the entrepreneur on the basis of the law. and/or the distance contract.
3. In the event of improper use, damage or external influences, the warranty as stated in Article 10 paragraph 1.
4. The consumer or company can only invoke the guarantee if the invoice amount has been paid in full.

Article 11 - Delivery and execution
1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously, but at the latest within 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than one month after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
4. In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but at the latest within 30 days after dissolution.
5. If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to make a replacement item available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of return shipment are for the account of the entrepreneur.
6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless expressly agreed otherwise.
7. The entrepreneur reserves the right not to process an order on an invoice basis if the entrepreneur reasonably foresees problems in the payment of the goods.

Article 12 - Duration transactions
1. The consumer can terminate an agreement that has been entered into for an indefinite period of time with due observance of the agreed cancellation rules and a notice period of no more than one month.
2. An agreement entered into for a definite period has a maximum term of two years. If it has been agreed that the distance contract will be extended if the consumer is silent, the agreement will be continued as an agreement for an indefinite period and the notice period after continuation of the agreement will be a maximum of one month.

Article 13 - Payment
1. Insofar as not agreed later, the amounts owed by the consumer must be paid within fourteen days after delivery of the good or, in the case of an agreement to provide a service, within 7 days after issue of the documents relating to this agreement. .
2. When selling products to consumers, an advance payment of more than 50% may never be stipulated in general terms and conditions. When advance payment is stipulated, the consumer cannot assert any rights with regard to the execution of the relevant order or service(s) before the stipulated advance payment has been made.
3. The consumer has the obligation to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
4. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 - Complaints procedure
1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted to the entrepreneur, fully and clearly described, within a reasonable time, after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will answer within the period of 14 days with a notification of receipt and an indication when the consumer can expect a more detailed answer.

Article 15 - Additional or different provisions
Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

Article 16 Complaints
We recommend that you first notify us of any complaints by sending an email to [email protected]. From 15 February 2016 it is also possible for consumers in the EU to register complaints via the ODR platform of the European Commission. This ODR platform can be found at http://ec.europa.eu/odr . If your complaint is not yet being handled elsewhere, you are free to file your complaint via the European Union platform.