GENERAL TERMS AND CONDITIONS BAYCK B.V.
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
- Consumer: any natural person who does not act for purposes related to his trade, business, craft or profession;
- Off-premises agreement: any agreement between Bayck and the consumer that is concluded at a place other than Bayck’s sales area or that is concluded using a means of distance communication, immediately after the consumer has been addressed personally and individually at a place that is not the dealer’s sales area;
- Durable data carrier: any tool – including e-mail – that enables the consumer or the trader to store information addressed to him personally in a way that makes this information accessible for future use during a period that is adapted to the purpose for which the information is intended, and which allows unaltered representation of the stored information;
- Reflection period: the period within which the consumer can revoke the purchase off-premises, which period starts to run on the day on which the purchased item is received by the consumer;
- Withdrawal: the consumer’s option to withdraw from the off-premises contract.
Article 2 – Identity
Bayck B.V., located at Finlandweg 10a, 4532 BL Terneuzen (also visiting address), hereinafter referred to as “Bayck”.
Phone number: 00 31 115 785 413. Available Monday, Tuesday, Thursday and Friday from 09:00 – 15:00.
E-mail address: firstname.lastname@example.org.
Trade register registration number: 76110370 VAT identification number: NL860510918B01
Article 3 – Applicability
- These general terms and conditions apply to every offer from Bayck and to every agreement concluded between Bayck and the consumer.
- These general terms and conditions will be made available to the consumer at the latest before or at the conclusion of the agreement.
- If the agreement is concluded outside the sales area, notwithstanding the previous paragraph and before the agreement is concluded, after the consumer’s consent, the text of the general terms and conditions can be made available to the consumer electronically in such a way that it is the consumer can acquaint themselves in a simple way and can be stored on a durable data carrier.
Article 4 – Offer
- The offer of products with the agreement is made stating the relevant information, such as the duration of the offer, the conditions under which the offer is made, as well as such information that it is clear to the consumer what rights and obligations are attached to the acceptance. of the offer, the total price of the product including taxes, any costs of delivery, the method of payment, any costs of communication with Bayck, the manner in which the agreement is concluded, the delivery, the implementation, the manner to which Bayck handles complaints and whether or not the right of withdrawal applies.
- The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If Bayck uses images, these are a true representation of the products offered. Obvious mistakes or obvious errors in the offer are not binding on Bayck.
Article 5 – Agreement
- The agreement is concluded, with due observance of the provisions of Article 4, at the moment when the consumer accepts the offer and meets the conditions set therein.
- Confirmation of the agreement outside the sales area takes place in writing or by e-mail. If the consumer has accepted the offer electronically, Bayck will immediately confirm receipt of acceptance of the offer electronically.
- If the agreement is concluded electronically, Bayck will take appropriate technical and organizational measures to secure the electronic transfer of data. If the consumer can pay electronically, Bayck will observe as many appropriate security measures as possible.
- In the event of cancellation of the agreement by the consumer, the consumer must compensate Bayck for the actual damage suffered.
Article 6 – Withdrawal
- When purchasing products outside the sales area, the consumer has the right to dissolve the agreement without stating reasons during the period of fourteen days from the day of delivery of the product. The products that the consumer does not wish to keep must be returned within 14 days of the day of notification of the withdrawal. Bayck is entitled to withhold a refund until Bayck has received the product back intact, complete and unused. ‘Unused’ does not include anything that was reasonably necessary for the consumer to inspect and determine the nature, functioning and characteristics of a product, in the same way that this would be done in a physical store. Bayck recommends that you use the original packaging for the return shipment to prevent damage to the product. Any damage or loss of returned products during the return transport are the responsibility and account of the consumer.
- If the consumer makes use of the right of withdrawal, the costs of return will be borne by the consumer.
- If the consumer has paid an amount, Bayck will refund this amount to the consumer within 14 days. Bayck reserves the right to charge additional costs or to deduct any reduction in value of the returned product as referred to in the first paragraph from the refund amount. Damage to the product, a dirty product, and/or a product that has been used more than 5 km, is considered an indication of use that goes beyond what is reasonably necessary to understand the nature, functioning and characteristics of the product. inspect and determine.
- When purchasing products or services within the sales area, the consumer has the right to cancel the purchase free of charge, stating reasons, if he makes this known within the reasonably set period of 48 hours after the purchase date. If the consumer makes the termination known after the reasonably set period of 48 hours, the consumer owes Bayck compensation. This is based on the costs incurred by Bayck. If the consumer has not yet agreed a definitive date for the delivery of the product ordered by him or for the performance of the service, compensation of 10% of the total purchase price will be owed. If the consumer has agreed on a final date for the delivery of the product ordered by him or for the performance of the service, compensation of 30% of the total purchase price will be owed. If the consumer makes it known on the day of delivery of the product or service he has ordered that he wishes to dissolve the agreement, he will owe Bayck compensation of 50%.
- Bayck will deduct the deposit from the compensation owed by the consumer as stated in paragraph 5. If the compensation exceeds the deposit, the consumer will receive an invoice for the difference.
Article 7 – Service and warranty
The warranty conditions as referred to in this Article 7 apply to new electric bicycles (“e-bikes”), which a consumer has purchased directly from Bayck and with the original purchase receipt from Bayck;
- Delivery of new products
- New products may only be delivered if the check list for Bayck e-bikes has been carried out by Bayck in accordance with the regulations and on the basis of the delivery control form as described in the Service and Warranty Conditions.
- Free first services do not apply to Bayck e-bikes. The first service officially prescribed by Bayck is the service prescribed in the instruction manual or workshop manual.
- Warranty conditions
- Bayck guarantees the purchaser of this product manufactured by Bayck and delivered via Bayck that the manufacturing process is adapted to the current state of the art, and that the use of materials meets the quality requirements set by Bayck. The buyer of this Bayck product can therefore demand free repair by a Bayck service point in the event of any material and/or manufacturing faults that may occur.
- a) This warranty applies to Bayck e-bikes for 24 months after the date on which this new Bayck product is delivered to the buyer by Bayck. This is without limitation of mileage provided that the product has been maintained in accordance with BOVAG standards and/or the prescribed services have been carried out on time by an official Bayck service point and the control strips have been stamped by these Bayck service points.
- b) The decision whether defective parts will be replaced or repaired rests with Bayck. Parts that are replaced under warranty shall become the property of Bayck without further compensation. If a part is replaced or repaired within the warranty period, the warranty on the replaced or repaired part will end at the same time as the original warranty. The official Bayck service point charged with the repair is not authorized to issue legally valid statements about repair or replacement on behalf of Bayck. Bayck’s decision on the warranty application will be communicated to the interested party in writing.
- Bayck undertakes under this warranty to repair parts, at Bayck’s discretion, that have become defective as a result of a material and/or manufacturing defect. The owner of the relevant product will not be charged for this repair in terms of material and/or labor. This warranty is in addition to and without prejudice to existing consumer law legislation.
- The warranty does not apply in the following cases:
- a) Work not performed by an official Bayck service point and damage resulting therefrom.
- b) Damage resulting from the omission of periodic maintenance work as specified by Bayck.
- c) Damage resulting from repair or maintenance work that has not been carried out in accordance with the guidelines specified by Bayck.
- d) Damage resulting from the use of the vehicle in competitions, races or rallies or other improper use, whether or not in places that are not intended for traffic.
- e) Damage resulting from use that deviates from what is stated in the instruction manual or exceeding the limits or specifications specified by Bayck.
- f) Damage resulting from the use of non-original parts that deviate from the instructions given in the owner’s manual.
- g) Damage resulting from changes to the vehicle (engine tuning, performance changes, lighting changes and other changes).
- h) Damage resulting from normal aging (such as the natural discoloration of painted surfaces, chrome-plated surfaces and other aging).
- i) Aesthetic changes, which do not affect performance.
- j) Damage resulting from incorrect storage or transport. k) Consumable parts: “Parts” drive chains, brake pads, brake shoes, friction materials, batteries, lamps, fuses, drive belts, tires and other rubber parts.
- l) Cleaning, inspections, adjustments and other maintenance work.
- m) Additional costs, such as: additional costs for communication, accommodation, meals and other costs as a result of the loss of the use of the Bayck product, compensation for loss of time, inconvenience, commercial losses or the cost of renting a replacement vehicle during the repair.
- Right to compensation: The right to compensation under the warranty is reserved exclusively for the owner of the product. No other person or body can claim this right.
- Assessment of warranty claims: Bayck reserves the right to make the final decision on all warranty claims.
- This warranty is in lieu of any other warranty or condition, including fitness for a particular purpose. The rights under this warranty are exclusive and neither Bayck nor Bayck’s authorized representative undertakes any other obligation or authorizes anyone else to do so.
- Warranty is only provided on electric bicycles that have been marketed by Bayck in one of the EU countries and/or countries.
- Repairs: Only official Bayck service points are allowed to carry out warranty repairs.
- Transferability of Warranty: The warranty period applies regardless of whether the product is in the possession of the first or any subsequent owner. The warranty is transferred to each subsequent owner as long as the Bayck product is covered by the manufacturer’s warranty.
- Parallel import: Bayck does not guarantee the so-called parallel imported e-bikes.
Article 8 – Payment
- Unless otherwise agreed, payment must be credited to Bayck’s account before delivery of the product takes place.
- If the consumer has indicated that he wishes to insure the product and/or service he has ordered, this amount (the insurance premium for the period of 12 months) will be paid to Bayck. The general terms and conditions applicable to them apply to this service. Bayck is only an intermediary and cannot be held liable for error or incorrect activation of the service and/or the product.
Article 9 – Delivery
- The delivery times specified by Bayck are indicative, a specified delivery term does not constitute a strict deadline within the meaning of Article 6:83 sub a of the Dutch Civil Code, provided that this term does not exceed 120 days from the conclusion of the agreement. If the delivery is delayed or can only be partially carried out, the consumer will be notified within 30 days.
- Bayck will take the greatest possible care when receiving and executing the order for products.
- The place of delivery is the address that the consumer has made known to Bayck.
- Appointments for the delivery or collection of a product, or for work as referred to in Article 7, paragraph 12, can be canceled free of charge at the latest 2 working days in advance. Bayck is entitled to charge the costs of € 59.50 for an appointment that has not been canceled in time or an appointment that has not been met.
- If the delivery of a purchased product proves impossible, Bayck will make every effort to deliver a replacement product. At the latest upon delivery, the consumer will be clearly and understandably informed that a replacement product is involved.
- Bayck takes care of the delivery of the product in the Netherlands and Belgium.
Article 10 – Retention of title
- All products delivered by Bayck remain the property of Bayck until the consumer has paid in full all that he owes under the agreement.
- The Bayck is at the risk of the buyer from the moment of delivery. In the event of destruction or deterioration of the delivered goods due to a cause that cannot be attributed to the seller, the purchase price remains due in full.
- As long as the ownership of the delivered products has not passed to the consumer, the consumer may not pledge the products or establish other security rights on these items.
Article 11 – Complaints and complaints procedure
- Complaints about the implementation of the agreement must be submitted fully and clearly described to Bayck within a reasonable time after the consumer has discovered the defects, to: email@example.com. The consumer cannot rely on the fact that the delivered goods do not comply with the agreement, if he fails to do this investigation or if Bayck does not inform Bayck of the defects within a reasonable time.
- If a complaint is submitted in time, the consumer will give Bayck the opportunity to investigate the validity of the complaint (or have it investigated). In the event of a justified complaint, the consumer grants Bayck a reasonable term for repair or replacement of the delivered product.
- If you don’t agree with the solution or we can’t work it out together? Then you can submit your complaint to the Disputes Committee via the European ODR Platform.
Article 12 – Disputes
- Dutch law applies to this agreement.
- Unless mandatory provisions preclude this, the competent court will be the court in the district where Bayck is located.
Article 13 – Final provisions
- Bayck is entitled to change these general terms and conditions.
- Amendments to these terms and conditions are effective only after they have been published in an appropriate manner.Finlandweg 10a