Terms and Conditions

Terms and Conditions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

  • Reflection period: the period during which the consumer can exercise their right of withdrawal; Read all about the reflection period
  • Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
  • Day: calendar day;
  • Duration transaction: a distance contract concerning a series of products and/or services, where the delivery and/or acceptance obligation is spread over time;
  • Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.
  • Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;
  • Model form: the model withdrawal form provided by the entrepreneur that a consumer can fill out when they want to exercise their right of withdrawal.
  • Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
  • Distance contract: a contract concluded within the framework of a system organized by the entrepreneur for the remote sale of products and/or services, where up to and including the conclusion of the contract only one or more techniques for remote communication are used;
  • Technique for remote communication: means that can be used to conclude a contract without the consumer and entrepreneur being simultaneously present in the same location.
  • General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Gofatbike.nl
Marconiweg 18,
8501XM
Joure, Netherlands
T:085 060 5276

Einfo@gofatbike.rengelmedia.nl
KVK: 82875820
VAT number: NL003120068B88

Article 3 - Applicability

  • These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
  • 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 inspected at the entrepreneur’s premises and will be sent free of charge to the consumer upon request as soon as possible.
  • 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 can be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent free of charge to the consumer electronically or otherwise upon request.
  • In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply accordingly, and in case of conflicting general terms and conditions, the consumer may always invoke the provision that is most favorable to them.
  • If one or more provisions in these general terms and conditions are wholly or partially null and void or annulled at any time, the contract and these terms and conditions will remain in effect for the rest, and the relevant provision will be promptly replaced by a provision that approximates the intent of the original as closely as possible through mutual consultation.
  • Situations not covered by these general terms and conditions should be assessed ‘in the spirit’ of these general terms and conditions.
  • Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions should be interpreted ‘in the spirit’ of these general terms and conditions.

Article 4 - The Offer

  • If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
  • The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer.
  • The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
  • All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
  • Images of products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
  • Each offer contains such information that it is clear to the consumer what rights and obligations are connected to accepting the offer. This particularly concerns:
  1. the price including taxes;
  2. any shipping costs;
  3. the manner in which the agreement will be concluded and what actions are required for this;
  4. whether or not the right of withdrawal applies;
  5. the method of payment, delivery, and execution of the agreement;
  6. the period for acceptance of the offer, or the period during which the entrepreneur guarantees the price;
  7. the amount of the rate for remote communication if the costs of using the remote communication technology are calculated on a basis other than the regular basic rate for the communication method used;
  8. whether the agreement will be archived after conclusion, and if so, where it can be accessed by the consumer;
  9. how the consumer can check and, if desired, correct the data provided by them in the context of the agreement before concluding the agreement;
  10. any other languages in which the agreement can be concluded besides Dutch;
  11. the codes of conduct to which the entrepreneur has committed and how the consumer can consult these codes electronically; and
  12. the minimum duration of the distance agreement in the case of a long-term transaction.

Article 5 - The Agreement

  • The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set forth.
  • If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm receipt of the acceptance electronically. As long as the agreement has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
  • If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
  • The entrepreneur may—within legal frameworks—verify whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance agreement. If the entrepreneur has good reasons based on this investigation to refuse the agreement, they are entitled to reject an order or request with justification or attach special conditions to the execution.
  • The entrepreneur will provide the consumer with the following information regarding the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
  1. the visiting address of the entrepreneur’s establishment where the consumer can address complaints;
  2. the conditions and manner in which the consumer can exercise the right of withdrawal, or a clear notice regarding the exclusion of the right of withdrawal;
  3. information about warranties and existing after-sales service;
  4. the data included in article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the agreement was executed;
  5. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
  • In the case of a continuing performance contract, the provision in the previous paragraph applies only to the first delivery.
  • Every agreement is concluded under the suspensive condition of sufficient availability of the relevant products.

Article 6 - Right of Withdrawal

Upon delivery of products:

  • When purchasing products, the consumer has the option to cancel the agreement without giving reasons within 14 days. This reflection period starts the day after the product is received by the consumer or a representative designated in advance by the consumer and known to the entrepreneur.
  • During the reflection period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they will return the product with all delivered accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
  • If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days after receiving the product. The consumer must do this using the model form or another means of communication such as email. After notifying the entrepreneur of their intention to withdraw, the customer must return the product within 14 days. The consumer must prove that the delivered items were returned on time, for example by providing proof of shipment.
  • If the customer has not notified the entrepreneur of their intention to exercise the right of withdrawal or has not returned the product after the periods mentioned in paragraphs 2 and 3, the purchase is considered final.
  • After registering the return, the consumer has 14 days to send back the product.
  • After the return is registered, the webshop has 14 days to refund the order amount including shipping costs.
  • If the product is damaged or the packaging is more damaged than necessary to try the product, we may charge you for the depreciation of the product. Please handle the product with care and ensure it is well packaged when returning.

Upon delivery of services:

  • When delivering services, the consumer has the option to cancel the agreement without giving reasons within at least 14 days, starting on the day the agreement is entered into.
  • To exercise their right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the entrepreneur at the time of the offer and/or at the latest upon delivery.

Article 7 - Costs in Case of Withdrawal

  • If the consumer exercises their right of withdrawal, the consumer will bear at most the costs of returning the product.
  • If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is conditional on the product having been received back by the online retailer or conclusive proof of complete return being provided. Refunds will be made using the same payment method used by the consumer unless the consumer explicitly consents to a different payment method.
  • If the product is damaged due to careless handling by the consumer, the consumer is liable for any depreciation of the product.
  • The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, which must be done before the purchase agreement is concluded.

Article 8 - Exclusion of the right of withdrawal

  • The entrepreneur 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 the entrepreneur has clearly stated this in the offer, at least in time before the conclusion of the agreement.
  • Exclusion of the right of withdrawal is only possible for products:
  1. that have been made by the entrepreneur according to the consumer's specifications;
  2. that are clearly personal in nature;
  3. that by their nature cannot be returned;
  4. that can spoil or age quickly;
  5. whose price is subject to fluctuations in the financial market beyond the entrepreneur's control;
  6. for loose newspapers and magazines;
  7. for audio and video recordings and computer software where the consumer has broken the seal;
  8. for hygienic products where the consumer has broken the seal.
  • Exclusion of the right of withdrawal is only possible for services
  1. concerning accommodation, transport, restaurant services, or leisure activities to be performed on a specific date or during a specific period;
  2. where delivery has begun with the consumer's express consent before the reflection period has expired;
  3. concerning bets and lotteries.

Article 9 - The Price

  • During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
  • Contrary to the previous paragraph, the entrepreneur may offer products or services with prices tied to fluctuations in the financial market, over which the entrepreneur has no control, at variable prices. This linkage to fluctuations and the fact that any stated prices are indicative prices will be mentioned in the offer.
  • Price increases within 3 months after the conclusion of the agreement are only allowed if they result from legal regulations or provisions.
  • Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has agreed to this and:
  1. they result from legal regulations or provisions; or
  2. the consumer has the right to terminate the agreement from the day the price increase takes effect.
  • The prices stated in the offer of products or services include VAT.
  • All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In case of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and Warranty

  • The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of durability and/or usability, and the legal provisions and/or government regulations existing on the date the agreement was concluded. If agreed upon, the entrepreneur also guarantees that the product is suitable for use other than normal use.
  • A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the entrepreneur based on the agreement.
  • Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 2 months after delivery. Products must be returned in their original packaging and in new condition.
  • The entrepreneur’s warranty period corresponds to the factory warranty period. However, the entrepreneur 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.
  • The warranty does not apply if:
  1. the consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
  2. the delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or the treatment indicated on the packaging;
  3. the defectiveness is wholly or partially the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 11 - Delivery and Execution

  • The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
  • The place of delivery is the address that the consumer has communicated to the company.
  • Subject to the provisions in paragraph 4 of this article, the company will execute accepted orders with due speed but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to compensation.
  • All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.
  • In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
  • If delivery of an ordered product proves to be impossible, the entrepreneur will make efforts to provide a replacement item. At the latest upon delivery, it will be clearly and understandably communicated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the entrepreneur.
  • The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and known to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Long-term Transactions: Duration, Termination, and Renewal

Termination

  • The consumer may terminate an agreement concluded for an indefinite period and aimed at 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.
  • The consumer may terminate an agreement concluded for a fixed period and aimed at the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
  • The consumer may:
  1. terminate the agreements mentioned in the previous paragraphs at any time and is not limited to termination at a specific time or within a certain period;
  2. terminate at least in the same manner as the agreement was entered into by the consumer;
  3. always terminate with the same notice period as the entrepreneur has stipulated for themselves.

Extension

  • An agreement concluded for a fixed period and aimed at the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
  • By way of exception to the previous paragraph, an agreement concluded for a fixed period and aimed at the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, provided the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
  • An agreement concluded for a fixed period and aimed at the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month, and with a notice period of no more than three months if the agreement concerns the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
  • An agreement of limited duration for the regular introductory delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and automatically ends after the trial or introductory period.

Duration

  • 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 reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 - Payment

  • Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period starts after the consumer has received confirmation of the agreement.
  • The consumer is obliged to immediately report any inaccuracies in the provided or stated payment details to the entrepreneur.
  • In case of non-payment by the consumer, the entrepreneur, subject to legal limitations, has the right to charge the reasonable costs previously communicated to the consumer.

Article 14 - Complaints Procedure

  • The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  • Complaints about the execution of the agreement must be submitted to the entrepreneur within 2 months, fully and clearly described, after the consumer has discovered the defects.
  • 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 respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
  • If the complaint cannot be resolved through mutual consultation, a dispute arises that is subject to the dispute resolution procedure.
  • A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
  • If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.
  • In case of complaints, a consumer should first contact the entrepreneur. If the web store is affiliated with Stichting WebwinkelKeur and complaints cannot be resolved through mutual consultation, the consumer should contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this web store has an active membership via https://www.webwinkelkeur.nl/ledenlijst/. If no solution is reached, the consumer has the option to have their complaint handled by the independent dispute committee appointed by Stichting WebwinkelKeur; its decision is binding, and both entrepreneur and consumer agree to this binding decision. There are costs associated with submitting a dispute to this committee, which must be paid by the consumer to the committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).

Article 15 - Disputes

  • Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate. This also applies if the consumer resides abroad.
  • The Vienna Sales Convention does not apply.

Article 16 - Additional or Deviating Provisions

  • Additional or deviating provisions from these general terms and conditions must not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them accessibly on a durable data carrier.
  • Rules regarding Warranty

We do not offer a warranty for flat tires, as this is self-inflicted damage and not related to the quality of the product.

If you modify the fatbike or cause damage to the fatbike, the warranty will immediately become void. This is non-negotiable; we stand by our rights.

If you have damage to the fatbike that is not self-inflicted, we will repair your fatbike free of charge. You may have to wait up to one week before we can pick up your fatbike for repair. Returns You have 14 days to return the Fatbike undamaged and complete (including keys for the battery). If all items are returned in good condition, you will receive a refund within one week.
Payment methods and associated costs If you choose a payment method such as Klarna, in3, or another payment method that incurs costs, we will pass these costs on to you in the event of a return.

These costs amount to 63 euros for Klarna and 43 euros for in3.
As a customer, you are responsible for returning the Fatbike yourself. We can pick it up for 100 euros if needed.

If you do not meet the above conditions, we reserve the right to refuse the return.