AGB
Webshop General Terms and Conditions
Article 1. Definitions
1.1 Trader: the natural person or legal entity offering products to consumers at a distance, being Pon.Bike Parts & Accessories Europe B.V., as further described in Article 2.
1.2 Consumer: the natural person not acting for purposes related to their trade, business, craft or profession, who enters into a distance contract with the trader.
1.3 Distance contract: a contract concluded between the trader and the consumer under an organised distance-selling scheme, without the simultaneous physical presence of the trader and the consumer, using exclusively one or more means of distance communication (in this case: the webshop).
1.4 Webshop: the online store at https://eu.reservewheels.com/ operated by the trader.
1.5 Products: the bicycle parts and accessories offered by the trader via the webshop, including products of the brand Reserve, among others.
1.6 Withdrawal period: the period during which the consumer can make use of the right of withdrawal.
1.7 Right of withdrawal: the consumer's option to withdraw from the distance contract within the withdrawal period.
1.8 Durable medium: any instrument that enables the consumer or trader to store information addressed personally to them in a way accessible for future reference for a period adequate for its purpose, and which allows the unchanged reproduction of the information stored (e.g. e-mail, PDF).
1.9 In writing: for the purposes of this document, "in writing" includes communication by e-mail, unless stated otherwise.
Article 2. Identity of the trader
Pon.Bike Parts & Accessories Europe B.V.
Spaarneplein 2
2515VK
The Hague
The Netherlands
Phone number: +31 71 5791580, available on monday to friday during office hours
E-mailaddress: info@ponbikeparts.com
CoC-number: 28053352
VAT identification number: NL007996482 B01
Article 3. Applicability
3.1 These terms and conditions apply to every offer made by the trader and to every distance contract concluded between the trader and a consumer via the webshop.
3.2 Before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer. Where this is not reasonably possible, the trader will indicate how the terms can be inspected and that they will be sent free of charge upon request.
3.3 Any deviation from these terms and conditions is only valid if agreed in writing. Deviations agreed apply only to the contract for which they were made.
3.4 If any provision of these terms and conditions is or becomes void or is annulled, the remaining provisions will remain in full force. The trader and the consumer will consult to agree new provisions to replace the void or annulled provision(s), taking the purpose and intent of the original provision(s) into account as much as possible.
Article 4. The offer
4.1 If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
4.2 The offer contains a complete and accurate description of the products offered, including specifications, sizes and compatibility, enabling the consumer to make a proper assessment. Obvious mistakes or errors in the offer (for example, evident pricing errors) do not bind the trader.
4.3 Images accompanying products are a true representation of the products offered. The trader cannot guarantee that the colours shown correspond exactly to the actual colours of the product, among other things due to screen display.
4.4 Every offer contains sufficient information to make it clear to the consumer what rights and obligations are attached to acceptance of the offer.
Article 5. The contract
5.1 The contract is concluded at the moment the consumer accepts the offer and satisfies the corresponding conditions.
5.2 The trader will promptly confirm receipt of the acceptance of the offer by electronic means (order confirmation).
5.3 The trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. Where the consumer can pay electronically, the trader will observe appropriate security measures in that respect.
5.4 Within the limits of the law, the trader may verify whether the consumer is able to meet their payment obligations, as well as verify facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the trader has good grounds not to enter into the contract, it is entitled to refuse an order or attach special conditions to it, giving reasons.
5.5 The trader will provide the consumer with the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner, with the product: (a) the visiting address of the trader's place of business where the consumer can address complaints; (b) the conditions under which, and the manner in which, the consumer may exercise the right of withdrawal, or a clear statement regarding exclusion from the right of withdrawal; (c) information about guarantees and existing after-sales service; (d) the price, including all taxes, of the product, any delivery costs, and the method of payment, delivery or performance of the contract; (e) the requirements for terminating the contract if it has a duration of more than one year.
Article 6. Right of withdrawal on delivery of products
6.1 When purchasing products, the consumer has the option to dissolve the contract without giving reasons during a withdrawal period of 14 days. This withdrawal period starts on the day after the consumer, or a third party designated by the consumer other than the carrier, has received the product, or: (a) if the consumer has ordered several products in one order: the day on which the consumer, or a third party designated by them, received the last product; (b) if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by them, received the last shipment or part.
6.2 During the withdrawal period, the consumer will handle the product and its packaging with care. The consumer will only unpack or use the product to the extent necessary to establish its nature, characteristics and functioning, in the same way as would be permitted in a physical shop. For example, a wheel or component may be inspected and checked for fit, but may not actually be fitted, ridden or otherwise put into use. If the product shows signs of use, installation, damage or soiling beyond what is necessary for such assessment, the trader may charge the consumer for the resulting diminished value of the product.
6.3 To exercise the right of withdrawal, the consumer must, within the withdrawal period, notify the trader by means of the (attached, or webshop-provided) model withdrawal form or another unambiguous statement (for example by e-mail to info@ponbikeparts.com.
6.4 As soon as possible, but within 14 days of the day following the notification referred to in Article 6.3, the consumer must return the product or hand it over to the trader. The consumer has observed the return deadline if the product is returned before this period has expired.
Article 7. Costs in the event of withdrawal
7.1 If the consumer exercises their right of withdrawal, the costs of returning the product are borne by the consumer, unless the trader has failed to state that these costs are for the consumer's account, or the trader indicates it will bear these costs itself.
7.2 If the consumer has paid an amount, the trader will refund this amount (including any standard delivery costs for the original shipment) as soon as possible, but no later than 14 days after withdrawal, provided that the trader has received the returned product or that conclusive proof of complete return can be furnished. Refunds are made using the same payment method the consumer used, unless the consumer agrees to a different method; the consumer will not be charged for the refund.
7.3 If the consumer chose a more expensive delivery method than the least expensive standard delivery, the trader does not have to reimburse the additional costs of the more expensive method.
Article 8. Exclusion of the right of withdrawal
8.1 The trader may exclude the consumer's right of withdrawal for the products described in paragraph 2, provided the trader has clearly stated this in the offer, or in any event in good time before the contract is concluded.
8.2 To the extent applicable to the webshop's product range, exclusion of the right of withdrawal is only possible for products: (a) that were produced by the trader according to the consumer's specifications (for example, a component custom-cut or specially assembled for the consumer); (b) that are clearly personalised (for example, engraved or personalised products); (c) that by their nature cannot be returned and are liable to deteriorate or expire rapidly; (d) sealed goods which are not suitable for return for reasons of health protection or hygiene, and were unsealed after delivery (for example certain personal care or hygiene products, to the extent sold via the webshop).
8.3 Standard bicycle components that have not been adjusted or configured at the consumer's specific request do not fall under these exceptions and can therefore be withdrawn within the withdrawal period, subject to Article 6.2.
Article 9. Price
9.1 All prices stated on the webshop are in [euros/currency], inclusive of VAT, and exclusive of any shipping costs, unless stated otherwise.
9.2 During the period of validity stated in the offer, the prices of the products offered will not be increased, except for price changes resulting from changes in VAT rates.
9.3 Prices stated in the offer are inclusive of all taxes. Any shipping costs are stated separately and are clearly visible before the order is finalised.
9.4 Obvious errors in the price stated, such as manifest inaccuracies, may be corrected by the trader even after the contract has been concluded.
Article 10. Conformity and warranty
10.1 The trader warrants that the products comply with the contract, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations in force on the date the contract was concluded (statutory warranty).
10.2 In addition to the statutory warranty, products of the Reserve brand (and any other brands) may be covered by additional manufacturer's warranties provided by the relevant manufacturer. The terms, duration and scope of any such manufacturer's warranty are stated, where applicable and available, with the product or on the webshop. A manufacturer's warranty does not affect the statutory rights the consumer may invoke against the trader.
10.3 Wear parts (for example brake pads, tyres, bearings and other parts subject to normal wear) and damage resulting from improper use, incorrect installation carried out by the consumer, normal wear and tear, or an accident, are in principle not covered by the warranty.
10.4 A warranty provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer may invoke against the trader under the contract.
10.5 If the product delivered does not conform to the contract, the consumer must notify the trader as soon as possible, and in any event within a reasonable time after discovery, via info@ponbikeparts.com.
Article 11. Delivery and performance
11.1 The trader will exercise the greatest possible care when receiving and executing orders for products.
11.2 The place of delivery is the address the consumer has made known to the trader.
11.3 Subject to Article 4 of these terms, the trader will execute accepted orders with due speed, but in any event within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be, or can only partially be, fulfilled, the consumer will be notified of this as soon as possible.
11.4 If delivery of an ordered product proves impossible, the trader will make an effort to make a replacement item available. At the latest at the time of delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered; the right of withdrawal cannot be excluded for replacement items, and the costs of any return shipment will be borne by the trader.
11.5 The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer (or a representative designated in advance and made known to the trader).
11.6 If prepayment has been agreed, the trader will not commence performance or delivery of the contract before payment has been received.
Article 12. Payment
12.1 Unless otherwise agreed, amounts owed by the consumer must be paid within the payment period stated on the webshop and/or in the order confirmation, using the payment methods offered (for example iDEAL, credit card or other payment services offered).
12.2 The consumer is obliged to promptly report inaccuracies in payment details provided or stated to the trader.
12.3 In the event of non-payment by the consumer, the trader is entitled, subject to statutory limitations, to charge reasonable costs made known to the consumer in advance.
Article 13. Complaints procedure
13.1 Complaints about the performance of the contract must be submitted to the trader, fully and clearly described, within a reasonable time via info@ponbikeparts.com, after the consumer has discovered the defects.
13.2 Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will reply within that period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.
13.3 A consumer within the European Union may also submit a complaint via the European Commission's ODR platform (http://ec.europa.eu/consumers/odr/).
Article 14. Disputes
14.1 Contracts between the trader and the consumer to which these terms and conditions relate are governed exclusively by the laws of the Netherlands.
14.2 Where mandatory local consumer-protection law grants the consumer additional protection under the law of their country of habitual residence, that protection remains unaffected by the choice of law in Article 14.1.
14.3 Disputes between the consumer and the trader concerning the conclusion or performance of contracts may, subject to Article 14.1, be submitted to the competent court in the Netherlands.
Article 15. Trademarks and intellectual property
15.1 Reserve and all other trademarks that are traded on the webshop, are trademarks of Pon.Bike Parts & Accessories Europe B.V., Pon Holdings B.V. or any of its affiliates.
15.2 All other intellectual property rights relating to the webshop itself (including text, design, photographs and logos of the webshop) are held by the trader or its licensors. These may not be used without prior written consent, other than for personal, non-commercial use in connection with an order.
Article 16. Liability
16.1 The trader's liability for damage arising from or connected with the performance of a contract is limited to the amount paid out by the trader's insurer in the relevant case, or, in the absence of a payment under insurance or if no insurance applies, to the invoice amount of the relevant order.
16.2 The limitation of liability in this article does not apply to damage resulting from intent or wilful recklessness on the part of the trader, and does not affect statutory product liability or any rights the consumer has under mandatory consumer protection law.
16.3 Given the nature of the products (bicycle components), the trader notes that incorrect installation, maintenance or use of components may create safety risks. The trader recommends having installation carried out by a qualified bicycle mechanic and following the manufacturer's instructions supplied with the product.
Article 17. Force majeure
17.1 The trader is not obliged to fulfil any obligation towards the consumer if prevented from doing so as a result of force majeure, including but not limited to: supply problems at suppliers or manufacturers, internet or IT infrastructure failures, transport disruptions, strikes, and government measures.
17.2 Force majeure also includes a non-attributable failure to perform by suppliers, carriers or other third parties engaged by the trader.
Article 18. Amendment of the terms and conditions
18.1 These terms and conditions may be amended. Amendments do not have retroactive effect and will be published on the webshop. Contracts already concluded remain governed, to the extent applicable, by the terms and conditions in force at the time the contract was concluded.
Annex: Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract)
To: [COMPANY NAME], [address], [e-mail address]
I/We* hereby give notice that I/we* withdraw from our contract relating to the sale of the following products:
[description of product]
Ordered on*/received on*: [date]
Name of consumer(s): [name]
Address of consumer(s): [address]
Signature of consumer(s) (only if this form is submitted on paper): __________________
Date: [date]
* Delete as applicable.