Terms and conditions
TERMS and CONDITIONS SHINGA BV
Art. 1 – Definitions
These terms are understood to mean:
Thinking time: the time within which the consumer can use his right of withdrawal;
Consumer: In this context a person who purchases online (at a distance) goods and services for personal use;
Day: calender day;
right of withdrawal: the possibility for the consumer to refrain from the online (at a distance) purchased goods or services within the thinking time;
Entrepreneur: the natural or legal person who offers products and / or services to consumers at a distance;
Remote Agreement: an agreement whereby within the framework of a system for distance selling of products and / or services organized by the entrepreneur, Until the conclusion of the agreement, only one or more remote communication techniques are used;
Art. 2 – Identity of the entrepreneur
Molendijk Zuid 23B, 5482 WZ Schijndel, The Netherlands
Trade number: KvK-number 62140957
VAT identitynumber: NL854680950B01
Bank number (RABO bank) IBAN: NL48RABO0301133751
Art. 3 – Applicability
1. These terms and conditions apply to any offer of the entrepreneur and to any established agreement between the entrepreneur and the consumer.
2. Before the remote agreement is concluded, the text of these terms and conditions will be made available to the consumer at our webshop. If this is not reasonably possible before the agreement is concluded on a remote basis, we offer the possibility to send free of charge as soon as possible.
3. If the remote agreement is concluded electronically, by way of derogation from the preceding paragraph and before the distance contract is concluded, the text of these terms and conditions may be made available to the consumer electronically in such a way that the consumer can store it on a durable data carrier. If this is reasonably impossible before the distance contract is concluded, the terms of the general terms and conditions will be notified electronically and that they will be sent free of charge electronically or by other means to the consumer.
4. In the event that, in addition to these general terms and conditions, specific product or service terms apply, the second and third paragraph of this article apply and in the case of contradictory terms and conditions, the consumer may always rely on the applicable provision that is most favorable to him.
Art. 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 offered. The description is sufficiently detailed to allow a good assessment of the offer by the consumer. If the entrepreneur uses images, they are a true faithful representation of the products offered. Possible mistakes or errors in the offer do not bind the entrepreneur.
3. The entrepreneur is not liable if the consumer orders incorrect sizes or fits. The size and match tables given on the site are purely indicative and no rights can be derived from this.
4. Each offer contains such information that it is clear to the consumer what the rights and obligations are attached to the acceptance of the offer. This is especially true for:
4.1. The price includes Dutch taxes;
4.2. The possible costs of delivery;
4.3. The manner in which the agreement will be established and what actions are required;
4.4. Whether or not it applies to the right of withdrawal;
4.5. The way of payment, delivery or execution of the agreement;
4.6. The time limit for acceptance of the offer or the time limit for the price fixing;
4.7. Whether the agreement is archived after the creation, and if so, how it is consulted for the consumer;
4.8. the way in which the consumer can check and, if desired, restore the information provided by him under the agreement before conclusion of the agreement;
Art. 5 – The agreement
1. The agreement is concluded, subject to the provisions of Article 4, at the time of acceptance by the consumer of the offer and compliance with the conditions attached hereto.
2. If the consumer has accepted the offer by electronic means, the entrepreneur immediately confirms receipt of acceptance of the offer by electronic means. As long as the receipt of this acceptance is not confirmed, the consumer can terminate the agreement.
3. If the agreement is established electronically, the entrepreneur finds appropriate technical and organizational measures to ensure the electronic transmission of data and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will comply with appropriate safety measures.
4. The entrepreneur will provide the consumer with the product or service to the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
4.1. The visiting address of the entrepreneur's location where the consumer is entitled to complaints;
4.2. The conditions under which and the manner in which the consumer may use the right of withdrawal or a clear notification of the exclusion of the right of withdrawal;
4.3. The information about existing service after purchase and warranty;
4.4. The information contained in article 4 paragraph 4 of these terms, unless the entrepreneur has already provided this information to the consumer prior to the execution of the agreement;
Art. 6 – Right of withdrawal for delivery of products
1. When purchasing products, the consumer has the opportunity to cancel the agreement for no more than 14 days. This term will start on the day after receipt of the product by the consumer or by a consumer designated representative, provided the consumer has notified the entrepeneur before delivery of the product(s). After the consumer has registered the product as a return, the consumer has an additional 14 days left to return the product.
2. During this period, the consumer will carefully handle and store the product and the packaging before returning. He will only unpack or use the product to the extent that it is necessary to assess whether he wishes to maintain the product. If he makes use of his right of withdrawal, he will return the product with all delivered accessories and, if reasonably possible, to the entrepeneur in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepeneur.
Art. 7 – Costs in case of revocation
1. If the consumer makes use of his right of withdrawal, the cost of returning will be for the consumer.
2. If a consumer makes use of his right of withdrawal, but does not return the entire order, both the (possible) shipping and return costs will be for the consumer.
3. If the consumer has paid the full amount for the returned product, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the return or withdrawal.
Art. 8 – Exclusion of right of withdrawal
1. If the consumer does not have a right of withdrawal, the entrepreneur can only exclude this if the entrepreneur clearly states this in the offer, at least in time for the conclusion of the agreement.
Art. 9 – The Price
1. During the period of validity of the offer, the prices of the products and / or services offered will not be increased, subject to price changes due to changes in VAT rates.
2. If a price is reported incorrectly on the site of the entrepreneur and has been notified by the entrepeneur to the consumer in writing, the consumer has the right to cancel the order or to make the order at the correct price.
3. Price increases within 3 months after the conclusion of the agreement are permitted only if they result from statutory regulations or provisions.
4. The prices mentioned in the offer of products include VAT.
Art. 10 – Warranty
1. The entrepreneur warrants that the delivered products comply with the agreement, the specifications specified, the reasonable requirements of validity and / or usability and the legal provisions and / or government regulations existing on the date of the conclusion of the agreement.
2. The warranty can only be claimed by the first owner of the product concerned.
3. The warranty is not transferable.
4.The guarantee of an entrepreneur under these conditions does not affect the ability to address the entrepreneur on the basis of the ordinary legal provisions of the Civil Code.
Art. 11 – Warranty period
1. Products are guaranteed for construction and / or material defects for 2 years.
Art. 12 – Guarantee
1. During the warranty period, all parts, which have been identified by an entrepreneur, subject to a material and / or construction error, will be repaired or replaced by the entrepreneur choice.
2. Costs of transport to and from the entrepreneur are at the expense of the consumer.
3. If a particular component is eligible for warranty and the original is no longer available, the entrepreneur provides a minimum equivalent alternative.
Art. 13 – Submit a warranty claim
1. Claims under this warranty must be offered for inspection by the entrepreneur under the offer of the relevant product and a valid proof of purchase. Third party/additional costs are not reimbursed by the entrepreneur.
Art. 14 – Liability Warranty
1. An honored warranty claim does not mean that the entrepeneur accepts liability for any (other) damage suffered. The liability of the entrepreneur never goes beyond what is described in these terms. Any liability of the entrepreneur for consequential damage is expressly excluded.
Art. 15 – Warranty Exclusions
1. Parts that are subject to wear such as tires, chains, chainsheets, freewheels, cassettes, bodies, cables and brake pads are not guaranteed unless there are structural and / or material defects.
2. In the following cases, the warranty expires:
2.1. Incorrect and / or inaccurate use of the product and use that is not according to the destination;
2.2. The product is not maintained in accordance with the manufacturer's prescribed instructions;
2.3. Technical repairs have not been performed in a professional manner;
2.4. Subsequent assembled components do not match the technical specifications of the product in question or are incorrectly mounted;
3. Specific product terms and exclusions:
3.1. Wheelsets: Excluded from warranty are wheel bearings and other running parts. Broken Spokes are also excluded from warranty, unless caused by construction and / or material defects. To prevent broken spokes, a new wheel set should be tensioned after 500km.
3.2. front fork suspension: To ensure good performance, safety and long life of your front fork, regular maintenance is required. Check your front fork maintenance schedule in the user guide, which can also be downloaded from the manufacturer's website. Warranty does not apply to normal wear and tear. Parts that are subject to wear and tear, suffer from damage due to normal use or lack of maintenance.
Art. 16 – Delivery and execution
1. The entrepreneur will take the utmost care when receiving and carrying out orders for products. We try to indicate availability as well as possible at our webshop. If you want to know the exact delivery time, you can contact us at any time.
2. The place of delivery is the address that the consumer has notified to the company.
3. With due regard to what is stated in article 4 of these terms and conditions, the entrepeneur will make accepted orders as soon as possible, but not later than 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order can not be executed or only partially, the consumer will receive notification within 14 days of placing the order. In that case, the consumer has the right to cancel the agreement at no cost.
4. In case of termination in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but not later than 30 days after cancellation.
5. 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.
6. Delivery to mailbox numbers, response numbers and NAPO addresses (military addresses) is excluded.
Art. 17 – Payment
1. Payment must be made upon delivery. At the request of the consumer or the entrepreneur, payment can also be made online in advance via iDEAL, BANCONTACT, SOFORT and CREDIT CARD or by bank transfer.
2. The consumer has a duty to report to the entrepreneur immediately any inaccuracies in provided or reported payment information.
3. In case of non-payment of the consumer, the entrepreneur, subject to legal restrictions, has the right to charge the reasonable costs previously announced to the consumer.
Art. 18 – Complaints
1. The entrepreneur has a well-known complaints procedure and deals with the complaint in accordance with this complaint procedure.
2. Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly, after the consumer has identified the defects.
3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within 14 days with a notice of receipt and an indication when the consumer can expect a more comprehensive response.
Art. 19 – Disputes
1. Contracts between the entrepreneur and the consumer covered by these terms and conditions shall be governed by Dutch law.
2. All disputes between parties will be submitted exclusively to the competent court in the Netherlands.
Art. 20 – Force majeure
1. Without prejudice to the other rights to which it is due, in case of force majeure, the entrepreneur has the right to suspend the execution of your order, or to terminate the agreement without judicial intervention, by giving you notice in writing and without the entrepreneur being liable for any damages, unless under the circumstances, standards of reasonableness and fairness would be unacceptable.
2. Force majeure means any shortcoming which can not be attributed to the entrepreneur because it is not due to her fault and does not come into force under law or legal act.
Art. 21- Disclaimer
1. Although the greatest possible care is taken when compiling this website, it can not be accepted for the accuracy or completeness of the information. The entrepreneur is therefore not liable for the consequences of activities undertaken on the basis of this website.
Terms and Conditions SHINGA version 1.0
7 July 2017