Algemene voorwaarden

General terms and conditions of Dirtbike Brothers

Article 1 – Definitions

In these general terms and conditions we use the following terms:

Time for reflections: the period of time in which the customer can withdraw his order;
Customer: the corporation or person who gets into an agreement with Dirtbike Brothers;
Day: calendar day;
Continuous transaction: an agreement regarding a range of products and/or services, of which the obligation to deliver or obligation to order can be done over a period of time;
Durable data carrier: every device which makes it possible for either the customer or Dirtbike Brothers to save and use personal data which can be linked to a single corporation or person.
Revocation rights: the possibility for the customer to revoke the order within seven (7) calendar days after the day the order was placed.
Entrepreneur: the corporation or person who offers products or services to customers;
Contract: a contract which can be entered through a by the entrepreneur organized system.
Technics to communicate with the entrepreneur: device or (digital) technic which can be used to enter a (digital) contract, without the customer and the entrepreneur being present in the same room while entering the contract.

Article 2 – Identity of the Entrepeneur

Dirtbike Brothers
De Vlonder 219 H
5427 DG BOEKEL
The Netherlands
Chamber of commerce registration number: 82724636
VAT-number: NL003719142B70

Article 3 – Applicability

These general terms and conditions are applicable to any offer of the entrepreneur and to any contract the customer and the entrepreneur enter.
Before entering a contract these general terms and conditions will be made available to the customer. If this is, within reasonable conditions, not possible the entrepreneur will point out to the customer, before entering the contract, where the general terms and conditions can be found and if the customer asks for it, the entrepreneur will send a copy of them to the customer.
If the offer of the entrepreneur to the customer and the entering of the contract is done electronically, the entrepreneur will make it possible for the customer to easily access these general terms and conditions.
If, in specific cases, there will be specific product terms and conditions or specific terms and conditions on service to be given, the second and third subsection of article 3 are still applicable. In case the general terms and conditions conflict with each other, the customer may appeal to the clause which benefits the customer the most.

Article 4 – The offer

If an offer is valid during a limited amount of time or is made under certain conditions, this will be explicitly mentioned when the entrepreneur makes an offer.
The offer contains a complete and precise description of the offered products and/or offered services. The description is detailed enough for the client to make a well-informed decision about accepting the offer. If the entrepreneur uses images, these images must give a good impression of the offered products and/or offered services. Obvious mistakes make the offer invalid and the entrepreneur can’t be forces to deliver in such cases.
Any offer made by the entrepreneur contains such information, so it will be totally clear for the customer what it’s rights and obligations are when accepting the offer of the entrepreneur.

Article 5 – The contract

The contract will be considered entered, with observance of subsection 4 of this article, at the moment the customer accepts the offer and if the customer then meets the requirements as mentioned in the offer.
If the customer accepts the offer in an electronical way (i.e. through mail or a website), the entrepreneur will immediately confirm the receipt of the acceptance of the offer in the same way as the customer has accepted the offer.
If the offer is accepted in an electronical way (i.e. through mail or a website), the entrepreneur will take sufficient security measures, to protect the online transfer of the data. If it’s made possible for the customer to pay through an online payment service provider, the entrepreneur will again take sufficient security measures to ensure the payment can be processed in a secure way.
The entrepreneur can – within the legal boundaries – verify if a customer, who accepts an offer, can meet the (financial) consequences of the contract. If the entrepreneur finds grounds to refuse the contract, he has to right to cancel the offer or the contract. Besides the cancellation of the offer or the contract, the entrepreneur also has the right to ask additional deposits or other additional agreements from the customer.
The entrepreneur will accompany the product or the services provided the following information, in writing or in any other (digital) way which can be saved easily by the customer upon its whishs:
The residency of the company, where the client can file a complaint;
The conditions of and the way how a customer can use it’s right to countermand the contract or the order. If there is no possibility to countermand the acceptance of the offer the entrepreneur will clearly inform the customer regarding this fact;
Information regarding any service of warranty and service after buying the product;
The information, based on article 4 subsection 3 of these general terms and conditions, saved by the entrepreneur, unless the entrepreneur has already informed the customer about this data storage before the offer was accepted.
The requirements for the termination of the contract, if the contract has a currency of more than twelve months or if the contract is an continuous contract with no clear date of termination.
If the contract requires multiple deliveries over a certain amount of time, the previous subsection is only applicable on the first delivery.

Article 6 – Right to countermand

When accepting an offer of the entrepreneur the customer has the right to countermand the contract, without providing any reasons why, during a period of seven (7) calendar days. This period will start on the day after the order confirmation is received by the customer.

Article 7 – Costs in case of countermand

If the customer has already paid an amount to the entrepreneur for an order which the customer then cancels based on its legal right to countermand any offer, the entrepreneur will pay back this amount as soon as possible but certainly within thirty days after the notice of countermand.

Article 8 – Exclusion of the right to countermand

The entrepreneur can exclude the right of the customer to countermand any offer, in any case described in the subsections 2 and 3 of this article. The exclusion can only be used if the entrepreneur has stated such exclusion in the offer or at least before parties enter any contract.
Exclusion of the customers right to countermand an offer or a contract is only possible for products:
Which have been produces by the entrepreneur according to specifications or instructions proved by the customer;
Which clearly have a personal nature and can’t be sold generically;
Which can’t be returned to the entrepreneur because of the nature of the product;
Which condition can quickly deteriorate;
Which price is bound to currency changes on the financial markets, which can’t be influenced by the entrepreneur.

Article 9 – Pricing

After an offer has been made to the customer, this offer will have a limited amount of time in which it can be accepted by the customer. During this time the entrepreneur will not change the prices of the offered products and/or services, besides any changes in the VAT-rates;
In contravention to subsection 1 of this article, the entrepreneur may change prices of products and services which are subjected to changes on the financial markets, of which the entrepreneur can’t influence. If an article and/or service is, for it’s value, depending on changes on the financial markets, the entrepreneur will inform the customer regarding this fact when making the offer;
Any increase of prices is only allowed within three (3) months after the contract is entered and only if they are causes by any new laws or regulations;
Any increase of prices after three (3) months after the contract is entered, are only allowed if agreed on in any article of the contract and:
if they are caused by any new laws or regulations;
the customer has the right to cancel the contract by the day the price increase becomes active.

Article 10 – Warranty

The entrepreneur guarantees the products and/or services delivered and/or provided meet the offered products and/or services;
A given warranty period, given by the entrepreneur, the manufacturer or the importer will never affect any rights the customer has against the entrepreneur based on the contract or law.

Article 11 – Delivery of goods and providing of services

The entrepreneur will meticulously accept and study any order for any products or services and will also meticulously offer its products and services;
The delivery address is equal to the address the customer has provided to the entrepreneur for the delivery of the ordered products or requested services;
While taking article 4 of these general terms and conditions in consideration, the entrepreneur will deliver any ordered products as soon as possible and ultimately within 30 calendar days after the order confirmation is send to the customer.
If, after an offer is made and accepted by the customer, it turns out a product isn’t available for delivery within a reasonable amount of time, the entrepreneur will offer an other – similar – product to the customer. If a customer, after receiving the replacement, decides he does not want to accept the replacement, any costs made for returning the replacement, will be refunded by the entrepreneur.
The risk of any damages caused during transport or if the product goes missing during the transport of the goods to the customer, lies with the entrepreneur.

Article 12 – Open-ended agreement: duration, termination and renewal

Termination

A contract which has been entered for an open-ended agreement can be terminated by the customer according to the cancellation terms which can be found in these general terms and conditions and while taking a cancellation period into account of one (1) month;
A fixed-term contract, can always be terminated by its final date, according to the cancellation terms which can be found in these general terms and conditions and while taking a cancellation period into account of one (1) month.

Renewal

The contract, which has been entered for a fixed-term, is automatically renewable, unless there is been send or received a letter of termination by or to the entrepreneur, while taking a cancellation period into account of two (2) months prior to the date which the contract would normally end. Cancellation notices must be sent in writing or through e-mail.
A contract, which has been entered for a fixed-term, that has not been terminated or has not been terminated on time, will be renewed for a period of twelve months.
A contract, which has been entered for a fixex-term and has been automatically renewed, can only be terminated based on the regulations based on subsection 3 of article 12 of the these general terms and conditions.

Article 13 – Payment

Any invoice has to be made payable within 14 days after the time of reflection – as mentioned in article 6 subsection 1 of these general terms and conditions – unless another payment term is agreed on. In the case the order is that has been places is regarding a service that has to be provided, the payment term will come into effect on the day after the day the order confirmation has been received.
The customer is obliged to report any errors in the given or stated payment data.
If the contract is entered with a person who is not dealing on behalf of a company, and if the payment isn’t made on time the customer will be in default. The customer will be liable to pay the legal interest, based on article 6:119 of the Dutch Burgerlijk Wetboek. The customer will also be liable to pay collection costs, based on artikel 6:96 of the Dutch Burgerlijk Wetboek and the “Besluit maximalisering vergoeding buitengerechtelijke incassokosten, with an absolute minimum amount of € 40,00;
If the contract is entered with a corporation and if the invoices aren’t paid before the due date, the customer will automatically be in default from the next day after the due date of the invoice. The customer will then be liable to pay an interest of 15 % per year and collection costs of 15 % calculated over the principal amount, with an absolute minimum of
€ 150,00;
If a customer is in default, all outstanding amounts are claimable from that moment on, regardless the due dates on the invoices;
Based on article 6:44 of the Dutch Burgerlijk Wetboek, payments made after the customer is in default will firstly deducted from the collections costs (subsection 3 and 4 of these general terms and conditions), secondly from the interest (subsection 3 and 4 of these general terms and conditions) and finally be deducted from the principal amount.

Article 14 – Complaints

Complaints regarding the delivered goods or the given service have to be filed within a reasonable amount of time, after which the complaints arise.
Filed complaints have to be dealt with by the entrepreneur within 14 calendar days, starting from the day the entrepreneur has confirmed receipt of the complaint. If the investigation on the complaint or offering the solution of the complaint will take more then 14 days, the entrepreneur will inform the customer accordingly.
The customer has to give the entrepreneur at least four weeks to solve any complaint that is filed with the entrepreneur.

Article 15 – Disputes

All offers or contracts will be made or entered under the Dutch Law. Only Dutch Law is applicable to any kind of obligation the entrepreneur has or accepts;

Only the Court of Oost-Brabant in ‘s-Hertogenbosch is entitled to deal and rule regarding disputes between customer and entrepreneur.