Terms and Conditions

General Terms and Conditions Fietszijspan

Version: 1 January 2024

Table of contents

Article 1 – Definitions

Article 2 – Identity of the trader

Article 3 – Applicability

Article 4 – The offer

Article 5 – The agreement

Article 6 – Right of withdrawal

Article 7 – Costs in the event of withdrawal

Article 8 – Exclusion of right of withdrawal

Article 9 – The price

Article 10 – Conformity and warranty

Article 11 – Delivery and performance

Article 12 – Product maintenance

Article 13 – Product risk and liability

Article 14 – Safety regulations

Article 15 – Long-term transactions: duration, termination, and renewal

Article 16 – Payment

Article 17 – Complaints procedure

Article 18 – Disputes

Article 19 – Additional or deviating provisions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

1. Reflection period: the period within which the consumer may exercise their right of withdrawal; Read all about the cooling-off period

2. Consumer: the natural person who is not acting in the course of a profession or business and enters into a distance contract with Fietszijspan;

3. Day: calendar day;

4. Long-term transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;

5. Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.

6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;

7. Model form: the model withdrawal form that Fietszijspan provides a form that consumers can fill in if they wish to exercise their right of withdrawal.

8. Fietszijspan: the natural or legal person who offers products and/or services to consumers from a distance;

9. Scandinavian Sidebike: the natural or legal person and manufacturer of sidecars for bicycles offered to consumers in the Benelux by Fietszijspan;

10. Distance contract: an agreement whereby, within the framework of a Fietszijspan organised system for the distance sale of products and/or services, where the conclusion of the contract is based solely on the use of one or more means of distance communication;

11. Technology for remote communication: means that can be used to conclude a contract without the consumer and Fietszijspan gathered in the same room at the same time.

12. Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the trader

FIETS
ZIJSPAN

Erasmushage 12
8302 ZX Emmeloord

Netherlands

Telephone: 003(0)6 17 63 31 20

Email: info@fietszijspan.com

Chamber of Commerce: 92371744

VAT number: NL004953269B09

Article 3 – Applicability

1. These general terms and conditions apply to every offer made by Fietszijspan and on every distance contract and orders between Fietszijspan and consumer.

2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be obtained from Fietszijspan available for inspection and sent to the consumer free of charge as soon as possible upon request.

3. 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 consumer electronically in such a way that it can be easily stored by the consumer 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 by electronic means or otherwise at the consumer's request.

4. In the event that specific product or service terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favourable to him.

5. If one or more provisions in these general terms and conditions are at any time wholly or partially invalid or are nullified, the agreement and these terms and conditions will remain in force for the rest and the provision in question will be replaced immediately by mutual agreement with a provision that approximates the meaning of the original as closely as possible.

6. Situations not covered by these general terms and conditions shall be assessed in accordance with the spirit of these general terms and conditions.

7. Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted in accordance with the spirit of these general terms and conditions..

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 is non-binding. Fietszijspan is entitled to change and adjust the offer, such as specifications, colours, equipment and delivery options. If in doubt, consumers should contact Fietszijspan.

3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If bicycle sidecar uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding. Fietszijspan not.

4. All images and specifications in the offer are indicative and cannot give rise to compensation or termination of the agreement.

5. Product images are a true representation of the products offered. Fietszijspan cannot guarantee that the colours displayed correspond exactly to the actual colours of the products.

6. 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 shipping costs;

· the manner in which the agreement will be concluded and the actions required for this purpose;

· whether or not the right of withdrawal applies;

· the method of payment, delivery and performance of the agreement;

· the period for accepting the offer, or the period within which Fietszijspan guarantees the price;

· the amount of the charge for distance communication if the cost of using the means of distance communication is calculated on a basis other than the standard basic charge for the means of communication used;

· whether the agreement will be archived after its conclusion, and if so, where it can be consulted by the consumer;

· the manner in which the consumer, prior to concluding the agreement, can check and, if desired, correct the information provided by him in the context of the agreement;

· any other languages in which, in addition to Dutch, the agreement may be concluded;

· the codes of conduct to which Fietszijspan has submitted to and the manner in which the consumer can consult these codes of conduct electronically; and

· the minimum duration of the distance contract in the case of a continuing performance contract.

Article 5 – The agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set out therein.

2. If the consumer has accepted the offer electronically, he shall confirm Fietszijspan immediately confirm receipt of the acceptance of the offer by electronic means. As long as the agreement of this acceptance has not been confirmed by Fietszijspan has been confirmed, the consumer may terminate the agreement.

3. If the agreement is concluded electronically, Fietszijspan appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, Fietszijspan observe appropriate safety measures.

4. Fietszijspan may – within legal frameworks – ascertain whether the consumer is able to meet his payment obligations, as well as all those facts and factors that are important for the responsible conclusion of the distance contract. If Fietszijspan has good grounds not to enter into the agreement on the basis of this investigation, it is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution thereof.

5. Fietszijspan shall 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 on a durable data carrier, together with the product or service:

· the visiting address of the branch of Fietszijspan where consumers can submit complaints;

· the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

· information about warranties and existing after-sales service; the information included in Article 4(3) of these terms and conditions, unless Fietszijspan has already provided this information to the consumer prior to the execution of the agreement;

· the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

6. In the case of a continuing performance contract, the provision in the previous paragraph shall only apply to the first delivery.

7. Every agreement is entered into subject to the condition precedent of sufficient availability of the products concerned.

Article 6 – Right of withdrawal

Upon delivery of products:

1. When purchasing products, the consumer has the option to terminate the agreement without giving reasons within 14 days. This cooling-off period commences on the day after the consumer receives the product or a person designated in advance by the consumer and indicated to Fietszijspan authorised representative.

2. During the cooling-off period, the consumer shall handle the product and packaging with care. He shall only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If they exercise their right of withdrawal, they shall return the product with all accessories supplied and, if reasonably possible, in its original condition and packaging to Fietszijspan return, in accordance with the Fietszijspan provided reasonable and clear instructions.

3. The right of withdrawal does not apply to purchased sidecars with scratches.

4. If the consumer wishes to exercise his right of withdrawal, he is obliged to notify this within 14 days of receiving the product to Fietszijspan. From that moment on, the consumer may no longer use the product. The consumer must notify the trader using the model form or by other means of communication, such as email. Once the consumer has notified the trader of their intention to exercise their right of withdrawal, they must return the product within 14 days. The consumer must prove that the goods have been returned in time, for example by means of proof of shipment..

5. If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to exercise his right of withdrawal or has not returned the product to Fietszijspan has returned, the sale is final.

Upon delivery of services:

1. When services are provided, the consumer has the option to terminate the agreement without giving reasons for at least 14 days, starting on the day the agreement is entered into.

2. To exercise his right of withdrawal, the consumer shall contact the company at Fietszijspan reasonable and clear instructions provided in connection with the offer and/or at the latest upon delivery.

Article 7 – Costs in the event of withdrawal

1. If the consumer exercises his right of withdrawal, he shall bear no more than the cost of returning the goods. When returning the product, the consumer pays the shipping costs. The returned product will not be accepted if postage or shipping costs are charged for the return shipment.

2. If the consumer has paid an amount, Fietszijspan refund this amount as soon as possible, but no later than 14 days after cancellation. This is subject to the condition that the product has already been received by the online retailer or that conclusive proof of complete return can be provided. Refunds will be made using the same payment method used by the consumer, unless the consumer expressly agrees to a different payment method.

3. In the event of damage to the product due to careless handling by the consumer, the consumer shall be liable for any reduction in the value of the product.

4. The consumer cannot be held liable for any reduction in the value of the product if, due to Fietszijspan not all legally required information about the right of withdrawal has been provided; this must be done before the purchase agreement is concluded.

Article 8 – Exclusion of right of withdrawal

1. Fietszijspan may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if Fietszijspan has clearly stated this in the offer, at least in good time before the conclusion of the agreement.

2. Exclusion of the right of withdrawal is only possible for products:

· which by Fietszijspan have been made in accordance with the consumer's specifications;

· which are clearly personal in nature;

· which, by their nature, cannot be returned;

· which can spoil or become obsolete quickly;

· whose price is linked to fluctuations in the financial market on which Fietszijspan has no influence;

· for individual newspapers and magazines;

· for audio and video recordings and computer software where the consumer has broken the seal;

· for hygiene products where the consumer has broken the seal.

3. Exclusion of the right of withdrawal is only possible for services:

· relating to accommodation, transport, catering or leisure activities to be performed on a specific date or during a specific period;

· the delivery of which has commenced with the consumer's express consent before the cooling-off period has expired;

· relating to betting and lotteries.

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 resulting from changes in VAT rates.

2. Notwithstanding the previous paragraph, Fietszijspan may offer products or services whose prices are subject to fluctuations in the financial market and over which Fietszijspan has no influence, at variable prices. This dependence on fluctuations and the fact that any prices quoted are target prices will be stated in the offer.

3. Price increases within three months of 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 Fietszijspan has stipulated this and:

· these are the result of statutory regulations or provisions; or

· the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.

5. The prices stated in the range of products or services include VAT.

6. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, Fietszijspan not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and warranty

1. The sidecar must undergo regular maintenance checks, in the same way as normal bicycles, including general checks and tightening of spokes, bearings and mounting brackets. The first service must take place within the first three months after delivery and then as necessary. Fietszijspan cannot be held liable for sidecars that have not been checked regularly.

2. The product has a 2-year warranty on all parts, excluding tyres and inner tubes. The warranty on installed and assembled hardware applies only to materials and workmanship. The warranty is limited to the repair or, in some cases (at our discretion), the replacement of parts. The warranty covers only the original purchaser of the product.

3. A by Fietszijspan, The warranty provided by the manufacturer or importer does not affect the consumer's statutory rights and claims under the agreement. Fietszijspan can assert.

4. Any defects or incorrectly delivered products must be reported within 2 months of discovery of the defect to Fietszijspan be reported in writing.

5. The warranty period of Fietszijspan corresponds to the manufacturer's warranty period. Fietszijspan However, it is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

6. The warranty does not apply if:

· the consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;

· the delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the instructions of Fietszijspan and/or have been treated on the packaging;

· Damage caused by incorrect use or poor handling of the product;

· Damage caused by charging beyond the maximum charging capacity of the product is not covered by the warranty;

· the defectiveness is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.

· Rust is not covered.

· Shipping costs for warranty claims are not covered.

Article 11 – Delivery and performance

1. Fietszijspan shall exercise the utmost care in receiving and executing orders for products and in assessing requests for the provision of services.

2. The place of delivery is the address that the consumer has provided to the company.

3. In Europe, the product is delivered by DHL or a similar carrier (unless Fietszijspan advises the consumer otherwise). The consumer will receive a tracking number for the shipment when the shipping order is placed.

4. The Scandinavian Sidebike sidecar is delivered in a cardboard box and requires an average of 3 to 4 hours for assembly and adjustment.

5. With due regard to the provisions of paragraph 6 As stated in this article, the company will execute accepted orders with due speed, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without incurring any costs. The consumer is not entitled to compensation.

6. The delivery time is currently approximately 4 weeks. All delivery times are indicative. The consumer cannot derive any rights from any times mentioned. Exceeding a time limit does not entitle the consumer to compensation.

7. In the event of dissolution in accordance with paragraph 5 of this article will Fietszijspan reimburse the amount paid by the consumer as soon as possible, but no later than 14 days after termination.

8. If delivery of an ordered product proves impossible, Fietszijspan make every effort to provide a replacement item. No later than upon 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. The costs of any return shipment shall be borne by Fietszijspan.

9. The risk of damage and/or loss of products rests with Fietszijspan until the moment of delivery to the consumer or to a pre-designated and Fietszijspan designated representative, unless expressly agreed otherwise.

10. Please note that in the event of visible depreciation or damage to the product, the consumer must notify Fietszijspan immediately upon receipt via info@fietszijspan.com. If Fietszijspan is not immediately notified of any claimed damage, Fietszijspan will consider the product to have been delivered in perfect condition. The consumer will then not be entitled to any compensation for unclaimed damage and Fietszijspan will not be obliged to replace a damaged product.

Article 12 – Product maintenance

The sidecar must undergo regular maintenance checks, in the same way as normal bicycles, including general checks and tightening of spokes, bearings and mounting brackets..
The first service should be carried out within 3 months of delivery and then as required.
Fietszijspan cannot be held liable for sidecars that have not been regularly inspected.

Article 13 – Product risk and liability

1. The risk factor associated with the sidecar – and its use – is transferred from Scandinavian Sidebike (the manufacturer) to the consumer upon delivery of the product. Fietszijspan is in no way liable for the product of Scandinavian Sidebike and its use by the consumer.

2. Fietszijspan accepts no liability whatsoever for any damage to the bicycle resulting from incorrect use of the product.

3. The sidecar can be attached to most standard bicycles. The bicycle requires a standard frame with a triangle for mounting the rear wheel. The wheel sizes must be between 26 and 29 inches (except for specific versions for Super73 and Unimoke E-bikes).

Important:

· According to EU legislation, it is not permitted to use a sidecar in combination with a Speed Pedelec;

· The bicycle frame must not be made of carbon;

· The sidecar is not suitable for racing bikes with an aluminium frame and/or tyres that are 25 mm wide or less.;

· Full suspension mountain bikes are not recommended.

4. Prior to purchasing the sidecar, the consumer should contact Fietszijspan if there is any doubt about the suitability of the consumer's bicycle for use with the sidecar.

5. The sidecar is intended for private use only, unless otherwise agreed with Fietszijspan.

Article 14 – Safety regulations

1. The maximum load capacity of the product is 45 kg for the Scandinavian Sidebike and Doggy Door and 35 kg for the Sidebike Mini..

2. Consumers are responsible for ensuring that their bicycles and sidecars are safe and have properly functioning brakes.

3. Before use, always check that the locking pin is securely locked.

4. Children must always wear a seat belt when the sidecar is in motion.

5. Children should always wear a CPSC or CE approved bicycle helmet.

6. Consumers must arrange for additional lighting for the sidecar themselves.

7. Always place the tallest child in the rear seat belt.

8. Do not start cycling while the child is in the sidecar.

9. Always remove the seat belt when the child lies down in the sidecar.

10. Additional safety regulations for use as a sledge are:

· Children under six months of age are not permitted to ride in a sledge;

· Consumers should regularly check whether the child is too cold or too warm;

· Children are not allowed to ride in the sledge when the temperature is below -10 (minus ten) degrees Celsius or when it is very windy.;

· It is important to insulate against the cold of the snow, and the use of the luxurious seat cushion from Scandinavian Sidebike is recommended for this purpose.;

· To use the sidecar as a sledge, the consumer must purchase the sledge set consisting of drawbars, mounting brackets, a harness and rollover protection.

Article 15 – Long-term transactions: duration, termination, and renewal

Termination

1. The consumer may terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.

2. The consumer may terminate a fixed-term contract for the regular delivery of products (including electricity) or services at any time before the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.

3. The consumer may terminate the agreements referred to in the preceding paragraphs:

· terminate at any time and not be limited to termination at a specific time or during a specific period;

· at least terminate them in the same manner as they were entered into by him;

· always terminate with the same notice period as Fietszijspan has stipulated for itself.

Extension

1. An agreement entered into for a fixed term and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.

2. Notwithstanding the previous paragraph, an agreement entered into for a fixed term for the regular delivery of daily, weekly and monthly newspapers and magazines may be tacitly renewed for a fixed term of up to three months, provided that the consumer can terminate this renewed agreement at the end of the renewal period with a notice period of no more than one month.

3. An agreement entered into for a fixed period and which extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate the agreement at any time with a notice period of no more than one month and a notice period of no more than three months in the event that the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.

4. An agreement with a limited duration for the regular delivery of daily newspapers, news and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly renewed and shall automatically terminate at the end of the trial or introductory period.

Duration

1. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless fairness and reasonableness preclude termination before the end of the agreed duration.

Article 16 – Payment

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement.

2. The consumer is obliged to immediately report any inaccuracies in the payment details provided or stated to Fietszijspan to report.

3. In the event of default by the consumer, Fietszijspan subject to legal restrictions, the right to charge the consumer reasonable costs that have been communicated to them in advance.

Article 17 – Complaints procedure

1. Fietszijspan has a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure.

2. Complaints regarding the performance of the agreement must be submitted within two months, fully and clearly described, to Fietszijspan, after the consumer has discovered the defects.

3. At Fietszijspan Complaints submitted will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Fietszijspan responded within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.

4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

5. In the event of complaints, consumers should first contact Fietszijspan. If the online shop is affiliated with WebwinkelKeur and complaints cannot be resolved by mutual agreement, the consumer should contact WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this online shop has a current membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution cannot be reached, the consumer has the option of having their complaint handled by the independent disputes committee appointed by WebwinkelKeur. The decision of this committee is binding and both Fietszijspan as consumers agree to this binding decision. Submitting a dispute to this disputes committee involves costs that must be paid by the consumer to the committee in question. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).

6. A complaint suspends the obligations of Fietszijspan not unless Fietszijspan indicates otherwise in writing.

7. If a complaint is found to be justified by Fietszijspan, will Fietszijspan at its discretion, either replace or repair the delivered products free of charge.

Article 18 – Disputes

1. On agreements between Fietszijspan and the consumer to whom these general terms and conditions apply, only Dutch law applies. This also applies if the consumer resides abroad.

2. The Vienna Sales Convention does not apply..

Article 19 – Additional or deviating provisions

Additional provisions or provisions deviating 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.

Online bicycle check

Test drive in showroom

Create your own design

Easy to assemble yourself

14-day cooling-off period

2-year warranty