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 right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and execution
Article 12 - Payment
Article 13 - Complaints procedure
Article 14 - Disputes
Article 15 - Additional or deviating provisions

Article 1 - Definitions

In these conditions the following definitions apply:

Cooling-off period: the period within which the consumer can exercise his right of withdrawal
Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Day: calendar day;
Duration 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;
Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in a manner that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
Model form: the model form for withdrawal that the entrepreneur makes available that a consumer can complete when he wants to exercise his right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
Distance contract: an agreement in which, in the context of a system organized by the entrepreneur for the distance sale of products and/or services, exclusive use is made of one or more products and/or services up to and including the conclusion of the agreement. techniques for remote communication;
Technology for distance communication: means that can be used to conclude a contract, without the consumer and entrepreneur being in the same room at the same time.
General 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
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 from the entrepreneur and to every distance contract and orders 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, before the distance contract is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer.
If the distance contract is concluded electronically, notwithstanding 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 it can be read by the consumer can be easily stored 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 viewed electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
In the event that, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs apply mutatis mutandis and in the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that applies to him. is the most favorable.
If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the remainder of the agreement and these terms and conditions will remain in force and the provision in question will be immediately replaced by a provision by mutual agreement. that approximates the scope of the original as much as possible.
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 terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.

Article 4 - The offer

If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a good assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images and specifications in the offer are indicative and cannot give rise to compensation or termination of the agreement.
Images accompanying products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors displayed correspond exactly to 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 acceptance of the offer. This concerns in particular:

the price including taxes (margin scheme applies to used goods and 21% VAT on new KTM bicycles)
the possible costs of shipping;
the manner 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 rate for distance communication if the costs of using the technology for distance communication are calculated on a different basis than the regular basic rate for the means of communication used;
whether the agreement is archived after its conclusion, and if so, where it can be consulted by the consumer;
the way in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, restore it;
any other languages in which, in addition to Dutch, the agreement can be concluded;
the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract 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 time of acceptance by the consumer of the offer and compliance with the conditions set.
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 ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur can - within 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 conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
The entrepreneur will send the following information to the consumer with 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:

the visiting address of the entrepreneur's branch where the consumer can go with complaints;
the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
the information about warranties and existing after-sales service;
the information included in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;

In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
Every agreement is entered into under the conditions precedent of sufficient availability of the products in question.

Article 6 - Right of withdrawal

When purchasing products online, the consumer has the option to terminate the agreement without giving reasons within 14 days. This reflection period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product (only on the road and not in the forest). If he exercises his right of withdrawal, he will return the product to the entrepreneur with all accessories supplied and - if reasonably possible - in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise his right of withdrawal, he is obliged to inform the entrepreneur of this within 14 days of receipt of the product. The consumer must make this known by completing the contact form or by means of another means of communication such as by e-mail. After the consumer has indicated that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.
If the customer has not indicated that he wishes to exercise his right of withdrawal after the expiry of the periods referred to in paragraphs 2 and 3. has not returned the product to the entrepreneur, the purchase is a fact.

Article 7 - Costs in case of withdrawal

If the consumer exercises his right of withdrawal, a maximum of the costs of return will be borne by him.
If the consumer has paid an amount, the entrepreneur will 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 back by the online retailer or that conclusive proof of complete return can be provided. Refunds will be made via the same payment method used by the consumer unless the consumer expressly consents to another payment method.
If the product is damaged due to 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 depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, this must be done before concluding the purchase agreement.

Article 8 - Exclusion of 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 concluding 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's specifications;
that are clearly personal in nature;
which by their nature cannot be returned;
that were purchased in-store and not ordered online
that can deteriorate or age quickly;
the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;

Article 9 - The price

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 as a result of changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This liability to fluctuations and the fact that any prices stated are target prices are stated in 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 right to cancel the agreement with effect from the day on which the price increase takes effect.

The range of products is subject tomargin scheme on used goods and 21% VAT on new bicycles from KTM.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event 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 reliability and/or usability and the existing requirements on the date of the conclusion of the agreement. legal provisions 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 purchaser and not to any subsequent assigns. The guarantee does not affect the legal rights that the buyer does not have in the exercise of a profession or business. The aforementioned legal rights (including the right that the bicycle complies with the agreement upon delivery (see Book 7 of the Dutch Civil Code) do not apply to a buyer who acts in the exercise of a profession or business. Components such as front forks, rear suspension and dropper post have a limited warranty of 6 months, subject to the need for regular maintenance within that period.
Repairs or replacement of parts during normal, customary maintenance, insofar as this does not result from the defective execution of the maintenance carried out before delivery (consult our maintenance tips for more information) are not covered. the guarantee. The warranty also does not cover defects arising from intent, misuse or repairs not carried out in the seller's company or on his instructions. Nor is there a warranty claim for damage caused by participation in speed competitions and speed tests.Keeping the inspection and service appointment check is necessary to maintain the warranty.
The warranty covers free repairs for defects and defects, provided they do not arise from the above situations. If necessary, we replace defective parts with identical/equal components or in some cases other quality depending on the delivery times of the parts in question. Please note: damage to the paint or wear of parts such as brake pads, tires, chains, sprockets, spokes, wheel hubs and bearings is not covered by the warranty.
The warranty does not extend to compensation for damage to persons and property resulting from the absence or defect of parts or any further costs that the buyer may incur as a result.
H&B Exclusive will not approve warranty claims for repairs performed outside our workshop without prior approval. If a bicycle has been dismantled or worked on by an external workshop before it has been reported or disclosed in writing to H&B Exclusive (or by a partner workshop with the approval of H&B Exclusive), we cannot apply the warranty because we cannot determine whether this caused the problem originated.

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

Article 11 - Delivery and execution

The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has provided to the company.
With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously, 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 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 stated periods. Exceeding a term does not entitle the consumer to compensation.
In the event 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 within 14 days after dissolution.
When reserving a product, agreeing to a quote or paying a partial deposit for a bicycle, in some cases a down payment of up to 50% of the total price of the product applies.
A down payment, partial payment or reserving a bicycle as stated in Article 6 above means an agreement that may be dissolved if the entrepreneur has not kept his agreements, for example damage that is not stated, different color, different size or product cannot be delivered by the entrepreneur. In that case, the consumer is entitled to his previously paid down payment. In all other cases when an agreement is terminated, the down payment withheld by the entrepreneur is regarded as compensation for the fact that the product could have been sold in the meantime, and the entrepreneur suffers damage as a result.
If delivery of an ordered product proves impossible, the entrepreneur will make every effort to make a replacement item available. No later than upon delivery, it will be stated in a clear and understandable manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. 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 made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Payment

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 starts after the consumer has received confirmation of the agreement.
The consumer has the obligation to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs communicated to the consumer in advance.

Article 13 - Complaints procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the performance of the agreement must be submitted fully and clearly described to the entrepreneur within 14 days after the consumer has discovered 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 foreseeably 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 answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
In case of complaints, a consumer must first contact the entrepreneur.If a solution is not yet found, the consumer has the option to have his complaint handled by the European ODR platform (http://ec.europa.eu/odr).
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 his option, replace or repair the delivered products free of charge.

Article 14 - Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the consumer lives abroad.
The Vienna Sales Convention does not apply.

Article 15 - Additional or deviating provisions

Additional or deviating provisions 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 .

Maintenance and recommendations

H&B Exclusive We recommend that you do the following to maintain your warranty:

After every ride, completely clean, degrease and lubricate the chain and cassette
Weekly clean both brake discs
Recommended tire pressure is between 1.2 and 2 bar.
Perform a monthly check on wear parts. You can do it yourself. We'll show you.
Check tubeless fluid every 3 months and top up or replace as necessary.
Perform a chain and drivetrain check every 3 months.
Every six months the bicycle must receive a periodic check during which the bicycle 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 bicycle 3 times a year (to check the wear of brake pads, brake discs, drivetrain and to thoroughly lubricate the bicycle).

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