General terms & conditions
- Identity of the entrepreneur
- The offer
- The agreement
- The price
- The registration criteria
- Compliance agreement and extra guarantee
- Delivery and execution
- Retention of title
- Complaints procedure
The following definitions apply in these terms and conditions:
- Day: calendar day;
- Digital content: data that is produced and delivered in digital form;
- Duration agreement: an agreement that extends to the regular delivery of goods, services and / or digital content during a certain period;
- Sustainable data carrier: any tool - including e-mail - that enables the customer or entrepreneur to store information that is addressed to him personally in a way that future consultation or use during a period that is geared to the purpose for which the information is intended and which allows unaltered reproduction of the stored information;
- Customer: the natural or legal person who acts in the exercise of his profession or business;
- Entrepreneur: the natural or legal person who offers products, (access to) digital content and / or services to customers remotely;
- Force majeure: an agreement concluded between the entrepreneur and the customer within the framework of an organized system for distance selling of products, digital content and / or services, whereby up to and including the conclusion of the agreement exclusively or partly use is made of one or more techniques for distance communication;
- In writing: including communication by e-mail and fax, provided that the identity of the sender and the integrity of the means of communication are sufficiently established.
- Website: the webshop of the entrepreneur on which products and services are offered that can be purchased by customers.
PDC BIKES bvba
Oostendse Baan 47, 8470 Gistel
Telephone number: 0479 500 500 (09:00 - 12:00 13:00 - 17:00)
Email address: [email protected]
Chamber of Commerce number: 0721777196
VAT number: BE0721777196
- These general terms and conditions apply to every offer from the entrepreneur and to every distance agreement concluded between the entrepreneur and customer.
- If the customer includes provisions or conditions that deviate from, or do not appear in, the general conditions in his confirmation or notification of acceptance, these are only binding on the entrepreneur if and insofar as they have been explicitly accepted in writing by the entrepreneur.
- Before the distance agreement is concluded, the text of these general terms and conditions is made available to the customer. If this is not reasonably possible, the entrepreneur will indicate before the distance agreement is concluded, how the general conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the customer.
- If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the customer electronically in such a way that it is customer can easily be stored on a durable data carrier. If this is not reasonably possible, before the distance agreement is concluded, it will be indicated where the general terms and conditions can be read electronically and that they will be sent free of charge electronically or otherwise at the request of the customer.
- In the event that specific product or service conditions apply in addition to these general terms and conditions, the third and fourth paragraphs apply mutatis mutandis and in the event of conflicting terms and conditions the customer can always invoke the applicable provision that is most relevant to him. is beneficial.
- If a provision in these terms and conditions appears to be invalid, this does not affect the validity of the entire terms and conditions. The parties will in that case replace (a) new provision (s), which will give shape to the intention of the original provision as much as possible in law.
4. The offer
- The range consists of bicycles and bicycle accessories.
- If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.
- The offer contains a complete and accurate description of the products, digital content and / or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the customer. If the entrepreneur uses images, these are a true representation of the products, services and / or digital content offered.
- The content of the website and the offer have been compiled with the greatest care. However, the entrepreneur cannot guarantee that all information on the website is correct and complete at all times. All prices, the offer and other information on the website and in other materials originating from the entrepreneur are therefore subject to obvious programming and typing errors.
- The agreement is concluded at the time the customer accepts the offer and meets the corresponding conditions.
- If the customer has accepted the offer electronically, the entrepreneur immediately confirms receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the customer can terminate the agreement.
- If an offer is accepted by the customer, the entrepreneur has the right to revoke the offer within 3 working days after receipt of the acceptance. The entrepreneur immediately informs the customer of such cancellation.
- If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the customer pays electronically, the entrepreneur will take appropriate security measures.
- If it appears that at the acceptance or other way of entering into the agreement incorrect information was provided by the customer, the entrepreneur has the right to fulfill its obligation only after the correct information has been received.
- The entrepreneur can - within the law - inform himself if the customer can meet his payment obligations, and of all those facts and factors that are important for a sound conclusion of the distance agreement. 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 or to attach special conditions to the implementation. The entrepreneur who refuses the application on the basis of the investigation or sets special conditions thereto, shall inform the customer of this as soon as possible but no later than within 3 days after the conclusion of the agreement, stating reasons.
PDC BIKES site (www.olmo-bikes.eu) is a B2B webshop. The website has 2 goals:
a. Provide information to bicycle shops and end customers about the product range and the
b. Give the possibility to the bicycle shops to see the dealer prices and to place orders
place. For this, bicycle dealers must request a login by registering. (see 7. Registration criteria)
- The prices to the end customer (without creating an account, not logged in customers) are the prices including VAT, the prices for the dealers (with account on website, logged in customers) are shown excluding VAT. These prices do not include other taxes imposed by the government.
- Entrepreneur has the right to change the agreed prices from two weeks after the conclusion of the agreement. The customer who does not agree with the change has the right to cancel the agreement without being charged any costs for this by the Entrepreneur.
- Any additional costs, such as delivery costs and payment costs, are stated on the website and in any case shown in the ordering process.
The following criteria must be met for registration as a "customer"
- The buyer must be in possession of a valid VAT number
- The buyer must be in possession of a valid Chamber of Commerce number and be registered stating that the sale of bicycles and bicycle accessories is maintained as a business objective.
- The buyer must be in possession of a business premises intended for the aforementioned main purpose, or a lease for such premises from which the buyer demonstrably operates;
- The billing address must refer to the address of the above-mentioned property;
- The shipping address may differ from the above address, but must be one fixed address The buyer must be in possession of a fixed point of sale / address from which the goods are sold
- The buyer was recognized as a customer by the manager (s) of PDC BIKES.
- Entrepreneur guarantees that the products, services and digital content comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions existing on the date of the conclusion of the agreement and / or government regulations.
- If the delivered product, service or digital content does not comply with the agreement (defective or defective delivery), the customer must inform the entrepreneur within 3 working days after he could reasonably have discovered this. If the customer does not do this, he can no longer claim any form of repair, replacement, compensation and / or refund in respect of this defect.
- If the Entrepreneur considers a complaint to be justified, the relevant products will be repaired, replaced or (partially) reimbursed after consultation with the Customer. Entrepreneur can thereby refer customer to a manufacturer or supplier.
- If repayment of amounts already paid in advance is made, the entrepreneur will repay these amounts within 30 days of receiving the products.
- It is possible that manufacturers and / or suppliers offer their own guarantees. These guarantees are not offered by the entrepreneur. If the entrepreneur chooses this, he can mediate in invoking these guarantees by the customer.
- As soon as the order has been received by the trader, the trader will send the products as soon as possible with due observance of the provisions of paragraph 3 of this article.
- For bicycles with a sales price of less than EUR 500 (excl. VAT) EUR 15 (excl. VAT) will be charged for shipping.
- For bicycles with a sales price of € 500 or more and less than € 1000 (excl. VAT), € 10 (excl. VAT) will be charged for shipping.
- For bicycles with a sales price equal to or higher than 1000 € (excl. VAT) no costs will be charged for shipping.
- Entrepreneur is entitled to engage third parties to perform the obligations arising from the agreement.
- The delivery time is in principle 30 days, unless the website or the conclusion of the agreement clearly states otherwise. The choice of the carrier is for the entrepreneur.
- If the entrepreneur is unable to deliver the products within the agreed period, he will inform the customer of this with notification of the expected new delivery period.
- Unless explicitly agreed otherwise, the risk of the products to be delivered will pass to the customer as soon as they have been delivered to the specified delivery address. If the customer decides to collect the products, the risk passes when the products are transferred.
- If the customer or the third party designated by him at the agreed delivery time is not present at the delivery address to receive the products, the entrepreneur is entitled to return the products. For additional costs, the entrepreneur will offer the products to the customer at a different time and / or another day to be determined in consultation with the customer. If delivery proves impossible, the payment obligation will not be canceled and any additional costs, including for taking back, will be charged to the customer.
- If the ordered item is no longer available, the entrepreneur will endeavor to offer a similar product of similar quality to the customer. Customer is then entitled to terminate the agreement free of charge.
- The customer must make payments to the entrepreneur in accordance with the payment methods specified in the order procedure and possibly on the website. Entrepreneur is free in the choice of offering payment methods and these may also change from time to time. Unless otherwise agreed, a payment period of 10 days applies, starting on the day after delivery.
- If the customer does not meet his payment obligation (s) in time, he is immediately in default by operation of law without the need for a notice of default. Entrepreneur has the right to increase the amount due with the statutory interest and entrepreneur is entitled to charge the extrajudicial collection costs and any procedural costs incurred by him and to recover them from the customer.
As long as the customer has not made a full payment for the entire agreed amount, all delivered goods remain the property of the entrepreneur.
- Subject to intent or gross negligence, the total liability of the entrepreneur towards the customer due to imputable failure to comply with the agreement is limited to reimbursement of a maximum of the amount stipulated for that agreement (including VAT). If there is a continuing performance contract, the liability referred to is limited to reimbursement of the amount that the customer owed to the entrepreneur in the 3 months prior to the damage-causing fact.
- Entrepreneur's liability vis-à-vis the customer for indirect damage, including in any case - but explicitly not exclusively - consequential damage, loss of profit, lost savings, loss of data and damage due to business interruption, is excluded.
- The previous paragraphs do not apply to damage suffered by the customer in the resale by the customer of the products purchased from the entrepreneur to consumers, as a result of the latter having one or more against the customer due to a shortcoming in those products. has exercised his legal rights with regard to that shortcoming.
- Insofar as compliance is not permanently impossible, the entrepreneur's liability to the customer arises due to imputable shortcoming in the performance of an agreement only after the customer has immediately and properly notified the entrepreneur in writing, thereby setting a reasonable time period to clear the shortcoming. , and the entrepreneur also fails to fulfill its obligations after that period. The notice of default must contain as detailed a description as possible of the shortcoming, so that the entrepreneur is able to respond adequately.
- The condition for the existence of any right to compensation is always that the customer reports the damage to the entrepreneur in writing as soon as possible, but no later than within 14 days after it arises.
- In the event of force majeure, the entrepreneur is not obliged to compensate for any damage caused thereby to the customer.
- Entrepreneur has a well-publicized complaints and deals with complaints under this procedure.
- Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the customer has discovered the defects.
- 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 respond within a period of 14 days with a message of receipt and an indication when the customer can expect a more detailed answer.
- Agreements between the entrepreneur and the customer to which these general terms and conditions apply are exclusively governed by Belgian law and the applicability of the Vienna Sales Convention is excluded.
- Should disputes arise as a result of the agreement that cannot be settled amicably, these will be submitted to the competent court in Bruges. Entrepreneur and customer can agree to settle their disputes through binding advice or arbitration.