Terms and Conditions

Table of contents

Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The Agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and implementation
Article 12 - Payment
Article 13 - Complaints procedure
Article 14 - Disputes
Article 15 - Additional or different provisions

Article 1 - Definitions

In these terms and conditions::

Consideration: the period within which the consumer can use his right of withdrawal
Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance agreement with the entrepreneur;
Day: calendar day;
Duration transaction: a distance agreement with regard to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Sustainable data carrier: Any means that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that makes future consultation and unchanged reproduction of the stored information possible.
Right of withdrawal: the possibility for the consumer to refrain from the distance agreement within the cooling -off period;
Model form: The model form for withdrawal that makes the entrepreneur available that a consumer can fill in when he wants to use his right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
Distance agreement: an agreement in which in the context of a system for sales of products and/or services organized by the entrepreneur, up to and including the conclusion of the agreement, only use is made of one or more techniques for remote communication;
Technology for remote communication: Means that can be used for concluding an agreement, without the consumer and entrepreneur being simultaneously gathering in the same room.
Terms and Conditions: the present general terms and conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

H&B Exclusive VOF
Spoorstraat 56-58
5831 cm Boxmeer
The Netherlands
T+31850501685
WhatsApp +31850501685
Kvk 82554420
VAT number NL862516857B01
Iban NL07 INGB 0006 5476 85

Article 3 - Applicability

These general terms and conditions apply to every offer of the entrepreneur and to every distance agreement and orders between entrepreneur and consumer.
Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance agreement is concluded, it will be indicated that the General Terms and Conditions will be viewed by the entrepreneur and they will be sent free of charge as soon as possible at the request of the consumer.
If the distance agreement is concluded electronically, contrary to the previous paragraph and before the distance agreement is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that they on by the consumer on A simple way can be stored on a sustainable data carrier. If this is not reasonably possible, before the distance agreement is concluded, it will be indicated where the general terms and conditions can be taken into account electronically and that they will be sent free of charge electronically or in any other way at the request of the consumer.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraph applies mutatis mutandis and the consumer can always rely on the applicable provision that is most favorable for him in the event of conflicting general terms and conditions is.
If one or more provisions in these General Terms and Conditions are wholly or partially invalid or are annulled at any time, then the agreement and these terms and conditions will continue for the other and the relevant provision will be replaced in mutual consultation by a provision that the scope will Approached as much as possible from the original.
Situations that are not regulated in these general terms and conditions must be assessed "in the spirit" of these general terms and conditions.
Uncertainties about the interpretation or content of one or more provisions of our conditions must be explained "in the spirit" of these general terms and conditions.

Article 4 - The offer

If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
The range is without obligation. The entrepreneur is entitled to change 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 make a good assessment of the offer possible by the consumer. If the entrepreneur uses images, they are a truthful representation of the products and/or services offered. Obvious mistakes or apparent errors in the offer do not bind the entrepreneur.
All images, specifications data in the offer are indication and cannot be a reason for compensation or termination of the agreement.
Images with products are a truthful representation of the products offered. Entrepreneur cannot guarantee that the displayed colors will exactly match the real colors of the products.
Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with the acceptance of the offer. This concerns in particular:

The price including taxes (margin scheme applies to used goods and 21% VAT on new bicycles from KTM)
any shipping costs;
the way in which the agreement will be concluded and what actions are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and execution of the agreement;
the period for acceptance of the offer or the period within which the entrepreneur guarantees the price;
the amount of the distance 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 means of communication;
whether the agreement is archived after the conclusion, and, if so, on which it can be consulted for the consumer;
the way in which the consumer, before concluding the agreement, can check the information provided by him in the context of the Agreement and repair it if desired;
any other languages in which, in addition to Dutch, the agreement can be concluded;
the codes of conduct to which the entrepreneur has subjected himself and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance agreement in the event of a duration transaction.

Article 5 - The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and the compliance with the conditions set with it.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the agreement of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate 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 ensures a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate safety measures for this.
The entrepreneur can - within the legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible for concluding the distance agreement. If the entrepreneur has good grounds on the basis of this investigation not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation.
With the product or service to the consumer, the entrepreneur will send the following information in writing or in such a way that it can be stored by the consumer in an accessible manner on a sustainable data carrier:

the visiting address of the entrepreneur's location where the consumer can go with complaints;
the conditions under which and the way in which the consumer can use the right of withdrawal, or a clear report on the exclusion of the right of withdrawal;
the information about guarantees and existing service after purchase;
the information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the implementation of the agreement;

In the event of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

Article 6 - Right of withdrawal

When purchasing products online, the consumer has the option of dissolving the agreement for 14 days without giving reasons. This cooling -off period starts on the day after receipt of the product by the consumer or a representative designated by the consumer in advance and to the entrepreneur.
During the cooling -off period, the consumer will handle the product and the packaging carefully. He will only unpack or use the product to that extent insofar as it is necessary to be able to assess whether he wishes to retain the product (exclusively on the road and not in the forest). If he uses his right of withdrawal, he will return the product with all supplied 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 make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days, after receiving the product. The consumer must make it known via the contact form or by means of another means of communication such as by e-mail. After the consumer has made it known that he wants to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of proof of shipment.
If, after the end of the periods referred to in paragraphs 2 and 3, the customer has not made known to make use of his right of withdrawal resp. The product has not returned to the entrepreneur, the purchase is a fact.

Article 7 - Costs in case of withdrawal

If the consumer uses his right of withdrawal, the costs of return are for his account.
If the consumer has paid an amount, the entrepreneur will repay this amount as soon as possible, but no later than within 14 days after withdrawal. The condition is that the product has already been recovered by the web retailer or conclusive proof of complete return can be submitted. Reimbursement will be made via the same payment method used by the consumer unless the consumer gives explicit permission for another payment method.
In the event of damage to the product by careless handling by the consumer himself, the consumer is liable for any reduction in value of the product.
The consumer cannot be held liable for value reduction of the product if not all legally required information about the right of withdrawal has been provided by the entrepreneur, this must be done before concluding the purchase agreement.

Article 8 - Exclusion of the right of withdrawal

The entrepreneur can 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:

that have been created by the entrepreneur in accordance with the consumer specifications;
who are clearly personal in nature;
that cannot be returned by their nature;
bought in the store and not ordered online
who can spoil or age quickly;
of which the price is bound by fluctuations on the financial market on which the entrepreneur has no influence;

Article 9 - The price

During the validity period stated in the offer, the prices of the products and/or services offered are not increased, except for price changes as a result of changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are bound by fluctuations on the financial market and on which the entrepreneur has no influence, with variable prices. This bondage to fluctuations and the fact that any prices mentioned are target prices are stated with the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and::

these are the result of legal regulations or provisions; or
The consumer has the authority to cancel the agreement with effect from the day on which the price increase starts.

The in the range of products is Marger scheme applies to used goods and 21% VAT on new bicycles from KTM.
All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the event of printing and typing errors, the entrepreneur is not obliged to deliver the product according to 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 reliability and/or usability and the legal provisions existing on the date of the conclusion of the Agreement and /or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
The warranty is granted by the seller for a period of 15 months After purchase / delivery of the bicycle. The warranty applies to the buyer and not to subsequent legal persons. Due to the warranty, the legal rights that the buyer does not act in the exercise of a profession or business has not been affected. The aforementioned legal rights (including the right that the bicycle complies with the agreement does not come to a buyer who does act in the exercise of a profession or business. of 6 months, depending on the need to carry out regular maintenance within that period.
Repairs or replacement of parts on the occasion of normal, usual maintenance, insofar as not arising from the defective implementation of the/insufficient maintenance carried out for delivery (consult our maintenance tips for more information) are not covered by the warranty. Nor are defects that are the result of intent, incorrect use or repairs that are not carried out in the seller's company or in his assignment. Nor is there a claim for warranty in the event of damage caused by participation in speed competitions and speed tests. The storage of the turn and control service appointment is necessary to maintain the guarantee.
DThe warranty covers free repairs for defects and defects, provided that they do not arise from the above situations. If necessary, we replace defective parts with identical/equivalent components or in some cases other quality depending on the delivery times of the relevant parts. Note: Damage to the paint or wear of parts such as brake pads, tires, chains, gears, spokes, wheel hubs and bearings is not covered by the warranty.
The guarantee does not extend to compensate damage to persons and matters as a result of the lack or defect of parts or whatever further costs may arise for the buyer.
H&B Exclusive will not approve any warranty claims for repairs that have been carried out outside our workshop without prior approval. If a bicycle is dismantled or edited by an external workplace before it has been reported in writing or announced at H&B Exclusive (or by a partner workshop with approval of H&B Exclusive), we cannot apply the warranty because we cannot determine whether the problem has arisen as a result of this .

Please note: with us your warranty will lapse and are executed electric bicycles not welcome in the workshop for maintenance or repair. We strictly advise against tinkering or make adjustments to electric bicycles ourselves.

Regardless of the situation, we strive for H&B Exclusive To the best solution for all our customers, even if the product is no longer under warranty.

Article 11 - Delivery and implementation

The entrepreneur will observe the greatest possible care when receiving and in the implementation of orders of products and when assessing applications for services.
The place of delivery is the address that the consumer has made known to the company.
Taking into account what is stated 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 the delivery is delayed, or if an order cannot or can only be carried out in part, the consumer will notify this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the agreement without costs. The consumer is not entitled to compensation.
All delivery times are indicative. The consumer cannot derive any rights from any times mentioned. Exceeding a term does not entitle the consumer to compensation.
In the event of termination in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than within 14 days after dissolution.
When booking a product, agreeing a quote or a part of a bicycle, in some cases a down payment of a maximum of 50% of the total price of the product applies.
A down payment, partial payment or reservation of a bicycle as stated in Article 6 above means an agreement that may be dissolved if the entrepreneur has not held to his agreements, for example damage that is not stated, other color, different size or the product cannot delivered by the entrepreneur. In that case, the consumer has the right to his previously paid down payment. In all other cases when dissolving an agreement, the down payment withheld by the entrepreneur is seen as compensation that the product could have been sold in the meantime and the entrepreneur suffers damage.
If the delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to make a replacement item available. It will be reported in a clear and understandable manner at the latest that a replacement item will be delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of a possible return shipment are for the account of 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 and announced to the entrepreneur, unless explicitly agreed otherwise.

Article 12 - Payment

Insofar as it has not been agreed otherwise, 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 event of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
The consumer has the duty to immediately report inaccuracies in provided or stated payment data to the entrepreneur.
In the event of non -payment from the consumer, the entrepreneur has the right to charge the consumer known to the consumer in advance, subject to legal restrictions.

Article 13 - Complaints procedure

The entrepreneur has a sufficiently known complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the implementation of the agreement must be submitted to the entrepreneur in full and clearly defined within 14 days, after the consumer has found the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will answer within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
If the complaint cannot be resolved in mutual consultation, a dispute that is susceptible to the dispute settlement will arise.
In the event of complaints, a consumer must first of all turn to the entrepreneur. If there is not yet a solution, the consumer has the option of having his complaint handled by the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be well -founded by the entrepreneur, the entrepreneur will, of its choice or the products delivered, replace or repair it free of charge.

Article 14 - Disputes

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

Article 15 - Additional or different provisions

Additional or deviating 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 in an accessible manner on a sustainable data carrier.

Maintenance and recommendations

H&B Exclusive recommends that you do the following to keep your warranty:

After each ride a chain and cassette completely clean, degrease and lubricate
Weekly cleaning both brake discs
Recommended tire pressure is between 1.2 and 2 bar.
Perform a monthly check on the wear parts. You can do it yourself. We will show you.
Check tubeless liquid every 3 months and where required to top up or change.
Perform a chain and powertrain check every 3 months.
Every six months the bike must be given a periodic check in which the bike is taken apart and thoroughly cleaned and lubricated. This is important to extend the age of wear parts.
Perform an annual rear suspension and front fork check.

Finally, we recommend that you check your bike 3 times a year (to wear brake pads, brake discs, powertrain and thorough lubrication of the bicycle).

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