TERMS AND CONDITIONS BIKER OUTFIT B.V.
ARTICLE 1. | DEFINITIONS
In these general terms and conditions, the following terms, always capitalized, are used with the following meaning.
- Biker Outfit: Biker Outfit B.V., the user of these general terms and conditions, located at Netwerkweg 33, 1033 MV in Amsterdam.
- Customer: any natural or legal person with whom Biker Outfit has concluded or intends to conclude an Agreement.
- Consumer: a Customer, natural person, not acting in the exercise of a profession or business.
- Parties: Biker Outfit and the Customer jointly.
- Agreement: any agreement between the Parties in the context of which Biker Outfit commits itself to the Customer for the sale and delivery of Products and/or the performance of Work.
- Products: the goods to be sold and delivered by Biker Outfit to the Customer in the context of an Agreement, including, but not limited to, motorcycle clothing, helmets, gloves, boots and shoes, luggage bags and accessories, protection equipment, rainwear, etc.
- Work: the work to be performed by Biker Outfit in the context of an Agreement, which may include, but is not intended to be exhaustive, the adjustment of helmets and trousers and the installation of communication sets in helmets. "Work" does not include work on Products sold to the Customer under the same Agreement. In those cases, the provisions associated with the sale and delivery of Products apply.
- Gift Card: a physical gift card to be delivered by Biker Outfit to the Customer in the context of the Agreement, which can be redeemed at Biker Outfit when purchasing and delivering Products.
- Written: communication in writing, communication by e-mail or any other form of communication that can be equated with this in view of the state of the art and the prevailing views in society.
ARTICLE 2. | GENERAL PROVISIONS
- These general terms and conditions apply to every offer from Biker Outfit, every Agreement and all legal relationships arising therefrom between the Parties.
- The applicability of any general terms and conditions of the Customer is expressly rejected.
- The provisions of these general terms and conditions can only be deviated from expressly and in writing. If and insofar as what the Parties have expressly agreed in Writing deviates from the provisions of these general terms and conditions, what the Parties have agreed explicitly and In Writing will apply.
- The nullity or nullity of one or more of the provisions of these general terms and conditions or the Agreement as such does not affect the validity of the other provisions. In such a case, the Parties are obliged to enter into mutual consultation in order to make an alternative arrangement with regard to the affected clause. In doing so, the purpose and purport of the original provision will be taken into account as much as possible.
ARTICLE 3. | OFFER AND CONCLUSION OF THE AGREEMENT
- Every offer from Biker Outfit is without obligation and subject to sufficient availability of the Products or Work offered. Biker Outfit can revoke its offer until immediately, or at least as soon as possible after its acceptance by the Customer.
- Obvious errors, mistakes and clerical errors in an offer from Biker Outfit do not bind Biker Outfit.
- The Customer cannot derive any rights from an offer from Biker Outfit that is based on incorrect or incomplete information provided by the Customer.
- Without prejudice to the provisions of paragraphs 1 and 5, each Agreement is concluded at the moment that the offer of one Party has been accepted by the other Party. An oral offer must be accepted immediately, failing which the offer will lapse.
- In the event that the Customer places an order or assignment without a concrete offer from Biker Outfit having preceded it, for example when the Customer places an order or assignment by e-mail, the Agreement will only be concluded when the order or assignment has been confirmed by e-mail by Biker Outfit.
ARTICLE 4. | EXCHANGE AND RETURN OF PRODUCTS
- Subject to the other provisions of this article, Products can be exchanged or returned up to 30 days after the day of delivery. The Products must be returned to Biker Outfit within this period of 30 days. The Customer must return the Products to the store or return them by parcel post. Return delivery is at the expense and risk of the Customer; Biker Outfit is not responsible and liable for damage or loss during transport.
- Hearing protection products cannot be exchanged or returned for reasons of hygiene. Products adapted or manufactured according to the Customer's specifications, as well as pinlock lenses, cannot be exchanged or returned.
- Exchange or return is only possible if the Products in question are unused and undamaged and have been returned to Biker Outfit in the original packaging, including all accessories supplied and on presentation of the purchase receipt or invoice. In the event of damage or shortages established by Biker Outfit after return, Biker Outfit is entitled to refuse the exchange or return. After receipt of the Products to be exchanged or returned, Biker Outfit will therefore assess whether it accepts the exchange or return, failing which Biker Outfit is not obliged to pay any refund or remission.
- If Biker Outfit still refuses the exchange or return after receipt of the Products, these Products must be taken back or collected by the Customer. If the delivery to Biker Outfit has taken place by parcel post or if the Products have not been collected by the Customer within a reasonable period of time, the Products will be sent at the expense of the Customer to the address of the Customer known to Biker Outfit.
ARTICLE 5. | CANCELLATION OF WORK
If the Customer cancels the Agreement regarding the performance of Work after it has been concluded, the Customer will continue to owe the full agreed price and any additional costs already incurred that have been agreed to be borne by the Customer, unless Biker Outfit is expressly and In Writing to the The Customer has stated that it wishes to deviate from this for a specific case. In that case, Biker Outfit can attach special conditions to the cancellation.
ARTICLE 6. | GIFT CARDS
- A Gift Card can be used to order Products. The Gift Card can be used to pay the full amount of an order or part thereof. If the total amount of the order exceeds the value of the Gift Card, the Customer can use an additional payment method to complete the purchase.
- The purchase of a Gift Card cannot be canceled and Gift Card cannot be returned.
- A Gift Card is valid for 24 months after the date of purchase. If this period of validity has expired, the Gift Card can no longer be used for a purchase, cannot be reactivated and the (residual) value of the Gift Card will lapse.
- When purchasing a Gift Card, the Customer determines the value of the Gift Card. This value is a maximum of € 500 and a minimum of € 10. The balance of a Gift Card cannot be increased or decreased, other than a decrease as a result of the purchase of Products. A Gift Card can be used until its value has been used up in full.
- The invoice of the order for which payment was made with the Gift Card always shows the balance of the Gift Card. In addition, the current balance can be checked at www.bikeroutfit.nl/nl/giftcard, in the Biker Outfit store or by contacting Biker Outfit customer service.
- Biker Outfit is never liable for damage as a result of theft, loss or damage to the Gift Card.
ARTICLE 7. | GENERAL CUSTOMER OBLIGATIONS
The Customer guarantees that it will provide Biker Outfit with all information that is reasonably relevant to the set-up and implementation of the Agreement, in a timely manner, completely and in any manner prescribed by Biker Outfit. The Customer guarantees the correctness of this information. Furthermore, the Customer must always provide Biker Outfit with all cooperation required for the implementation of the Agreement. The Customer takes all reasonable measures to optimize the performance of the Agreement.
ARTICLE 8. | SPECIAL PROVISIONS FOR WORK
- Work will be performed at Biker Outfit's location, unless expressly agreed otherwise in Writing. The Customer guarantees that the item on which the Work is performed will be made available to Biker Outfit in a timely manner. In the event that the Parties have agreed that this item will be sent, the item will be delivered to Biker Outfit at the expense and risk of the Customer.
- The Customer's item must be received by the Customer after completion of the Work. In the event that the item is returned to the Customer, the Customer guarantees that the item will be received by or on behalf of the Customer at the time the item is presented by the delivery person. Any costs of returning the case to Biker Outfit because the case has not been received by or on behalf of the Client as a result of a circumstance attributable to the Client, will be borne by the Client.
- If the item is collected from Biker Outfit after completion of the Work, this must be done within a reasonable period of time.
- Biker Outfit has a right of retention with regard to anyone who demands delivery of the goods of the Customer that Biker Outfit has in its possession in connection with the implementation of the Agreement. Biker Outfit can also exercise the right of retention vis-à-vis the Customer for what is still owed to it in connection with any previous Agreements.
- The case of the Customer that Biker Outfit has in its possession in connection with the implementation of the Agreement also serves as a pledge for all claims it has against the Customer.
- Any parts of the item removed in connection with the Work will become the property of Biker Outfit without the Customer being able to claim any compensation in this respect.
ARTICLE 9. | TERMS
- Biker Outfit makes every effort to comply with any implementation and/or delivery terms to which Biker Outfit has committed itself towards the Customer, but these terms are only indicative, non-fatal terms. Biker Outfit's default does not take effect until after the Customer has given Biker Outfit written notice of default, in which notice of default a reasonable term for compliance has been stated, and Biker Outfit is still in default after the expiry of the latter term. is.
- Default on the part of Biker Outfit entitles the Customer to dissolve that part of the Agreement to which the default relates, but never the right to additional compensation.
ARTICLE 10. | INVESTIGATION, COMPLAINTS AND WORK WARRANTY
- Upon return of the item to him, the Customer must immediately investigate whether the Work has been performed properly. If, in the opinion of the Customer, this is not the case, the Customer must immediately notify Biker Outfit of this.
- A guarantee on the Work performed only applies if and insofar as this has been expressly agreed in Writing.
- If, within any expressly agreed warranty period, there appears to be a shortcoming attributable to Biker Outfit with regard to the Work performed, Biker Outfit will perform the Work again free of charge. The Customer can invoke this if the Customer has complained to Biker Outfit within the applicable warranty period.
- Even if the Customer complains in time, his obligation to timely payment to Biker Outfit will continue to exist, except insofar as the law for the benefit of the Consumer precludes this.
ARTICLE 11. | INVESTIGATION, COMPLAINTS, WARRANTY AND CONFORMITY OF PRODUCT SALE
- At the time of delivery of Products, or at least immediately afterwards, the Customer must investigate whether the nature and quantity of the Products comply with the Agreement. If, in the opinion of the Customer, the nature and/or quantity of the Products do not comply with the Agreement, he must immediately notify Biker Outfit of this. In the event that the Products are delivered at Biker Outfit's location, the nature and quantity of the Products will be deemed to comply with the Agreement if the Products have been taken along by the Customer.
- Complaints relating to defects that were reasonably invisible or otherwise unknown at the time of delivery must be made in writing within five days after the Customer became aware of the existence of the defect, or at least should have become aware of it in writing. submitted to Biker Outfit.
- Contrary to the provisions of the previous paragraphs of this article, a Consumer can no longer rely on the fact that what has been delivered in the context of a consumer purchase does not comply with the Agreement, if not within two months after discovery of the defect. the Consumer has complained to Biker Outfit in this regard.
- If the Customer does not complain in time and in accordance with the provisions of the previous paragraphs, Biker Outfit will not be under any obligation whatsoever from such a complaint from the Customer.
- Even if the Customer complains in time, his obligation to pay Biker Outfit on time will continue to exist, except insofar as the law for the benefit of the Consumer precludes this.
- With regard to Products, the warranty is limited to any manufacturer's warranty that the supplier of Biker Outfit supplies with the Products, on the understanding that a warranty provided by Biker Outfit, manufacturer or importer does not affect the mandatory legal rights and claims. which Consumers can enforce against Biker Outfit in the context of a consumer purchase (conformity).
- In the event of an appeal to any manufacturer's warranty, this will be settled in accordance with the applicable manufacturer's warranty conditions of the manufacturer or supplier of Biker Outfit. Any costs passed on by the manufacturer or supplier of Biker Outfit in connection with an appeal to the factory warranty, as well as any costs incurred by Biker Outfit in connection with the mediation in an appeal to the factory warranty, will be borne by the Customer. The warranty period does not start again due to repair or replacement under the manufacturer's warranty.
- A claim based on non-conformity lapses in any case if a defect in the delivered Product is the result of an external cause after delivery or another circumstance not attributable to Biker Outfit or its supplier. This includes, without limitation, defects as a result of damage from the outside, natural wear and tear, incorrect or improper treatment, incorrect or improper use and making changes to the Products, including repairs that have not been carried out with the prior Written consent of Biker Outfit. executed.
- If the Customer returns Products under this clause, the Customer must return the Products to the store or return them by parcel post. Delivery to Biker Outfit takes place, without prejudice to the provisions of the next paragraph, at the expense and risk of the Customer; Biker Outfit is not responsible and liable for damage or loss during transport.
- In the event that the Consumer makes a valid appeal to non-conformity, the Consumer is entitled to repair or replacement or addition of the missing. No costs can be charged to the Consumer for the exercise of these rights. Biker Outfit will cooperate within a reasonable time in the repair, replacement or addition of the missing. If repair, replacement or supplementation of what is missing is not possible, the Consumer is entitled to a financial compensation to be determined reasonably, which, however, never exceeds the price that the Consumer has paid to Biker Outfit for the relevant Product. The amount of the financial compensation depends, among other things, on the period in which the Consumer was able to use the Product without defect.
- No grounds for complaints and not regarded as defects of Products, dissatisfaction of the Customer with a Product, while the Product does comply with the Agreement (has the properties that the Customer may reasonably expect or that are explicitly stated by the manufacturer or Biker Outfit). are committed). Furthermore, no grounds for complaints are properties of a Product that have been explicitly indicated by the manufacturer or Biker Outfit, but of which the Customer cannot reasonably expect these properties to be present under all circumstances or without limitation, such as with regard to the waterproofness of raincoats.
- If the Customer is entitled to repair of a Product under this article, he is not entitled to replacement of the Product instead if the defect is too minor to justify replacement or replacement cannot reasonably be done by Biker Outfit for other reasons. can be required. A single defect of a Product is generally no reason to designate the Product as defective in its entirety.
- Unless there is financial compensation due to a Consumer on account of non-conformity as referred to in the previous paragraph, and the Customer is entitled to a refund under the manufacturer's warranty, the Customer will receive this refund in the form of a credit which he can spend indefinitely at Biker Outfit.
ARTICLE 12. | FORCE MAJEUR
- Biker Outfit is not obliged to fulfill any obligation under the Agreement if and for as long as it is prevented from doing so by a circumstance that cannot be attributed to it under the law, a legal act or generally accepted views (force majeure). Force majeure, in addition to what is understood in this respect in legislation and jurisprudence, is understood to mean all external causes over which Biker Outfit has no influence and which make the (further) execution of the Agreement impossible or seriously impede, including staff shortages, epidemics. , pandemics, fire, measures taken by any government, transport restrictions, war or threat of war, violent or armed actions, failures in communication links or in equipment or software of Biker Outfit or third parties.
- If and insofar as the force majeure situation makes compliance with the Agreement permanently impossible or continues or will continue for more than three months, the Parties are entitled to terminate the Agreement with immediate effect.
- If Biker Outfit has already partially fulfilled its obligations upon the occurrence of the force majeure situation, or can only partially fulfill its obligations, Biker Outfit is entitled to separately invoice the part of the Agreement that has already been performed, or the part that can still be performed, respectively. if there was an independent Agreement.
- Damage caused as a result of force majeure will never be eligible for compensation, without prejudice to the provisions of the previous paragraph.
ARTICLE 13. | SUSPENSION AND DISSOLUTION
- Biker Outfit is, if the circumstances of the case reasonably justify it, authorized to suspend the performance of the Agreement or to dissolve the Agreement in whole or in part with immediate effect, if and insofar as the Customer does not fulfill its obligations under the Agreement, fails to fulfill its obligations on time or in full, or circumstances that have become known to Biker Outfit after the Agreement has been concluded give good grounds to fear that the Customer will not fulfill its obligations. If the fulfillment of the obligations of the Customer in respect of which he falls short or threatens to fall short, is not permanently impossible, the right to dissolve only arises after the Customer has been given written notice of default by Biker Outfit, in which notice of default a reasonable term is stated within which the Customer can (still) fulfill its obligations and the fulfillment has still not been forthcoming after the expiry of the latter term.
- If the Customer is in a state of bankruptcy, has applied for (provisional) suspension of payment, any attachment has been levied on its goods or in cases where the Customer cannot freely dispose of its assets in any other way, Biker Outfit is entitled to terminate the Agreement with terminate with immediate effect.
- The Customer is never entitled to any form of compensation in connection with the suspension or dissolution right exercised by Biker Outfit on the basis of this article.
- The Customer is obliged to compensate the damage that Biker Outfit suffers as a result of the suspension or dissolution of the Agreement.
- If Biker Outfit dissolves the Agreement on the basis of this article, all claims against the Customer are immediately due and payable.
ARTICLE 14. | PRICES, SHIPPING & PAYMENTS
- Products are collected by or on behalf of the Customer at the location of Biker Outfit, unless it has been expressly agreed that the Products will be shipped. In the event of shipment, any shipping costs will be borne by the Customer in accordance with the usual shipping costs used by Biker Outfit. In the case of a Consumer, any shipping costs will be expressly communicated to the Customer before it is agreed that the Products will be shipped.
- In the event that Products or an item of the Customer on which Work has been performed is collected or taken by or on behalf of the Customer at the location of Biker Outfit, payment must be made upon (return) delivery, unless expressly agreed otherwise.
- Biker Outfit is not obliged to (further) implement the Agreement until after the Customer has fulfilled all of its payment obligations towards Biker Outfit that are already due and payable.
- Payment must be made in one of the ways specified by Biker Outfit and at the time specified by it or within the term specified by it. In the event of a transfer, Biker Outfit applies a standard payment term of 14 days after the invoice date, but may deviate from this in individual cases, such as in the case of an advance payment.
- Gift cards cannot be exchanged for money.
- Payment must be made without any appeal to suspension or set-off, all this insofar as the law does not preclude this for the benefit of the Consumer.
- If the Agreement has been concluded electronically, Biker Outfit is entitled to make the invoice due to the Customer available to him exclusively by e-mail.
- If the Customer liquidates or transfers his company to a third party, is in a state of bankruptcy, has applied for a (provisional) suspension of payments, any attachment has been levied on his goods, as well as in the event that the Customer is otherwise unable to freely dispose of his assets. available, the claims against the Customer are immediately due and payable.
- If payment is not made on time, the Client's default will take effect by operation of law. From the day on which the Client is in default, the Client owes interest of 2% per month on the outstanding amount, whereby part of a month is regarded as a full month. Contrary to the previous sentence, instead of the contractual interest referred to there, the statutory interest applicable at the time of the payment default applies if the Customer is a Consumer.
- All reasonable costs, such as judicial, extrajudicial and execution costs, incurred to obtain the amounts owed by the Client, will be borne by the Client.
ARTICLE 15. | LIABILITY
- The Customer bears the damage caused by inaccuracies or incompleteness in the information provided by him, defects in items that he has made available to Biker Outfit in the context of the performance of Work, any other shortcoming in the fulfillment of the obligations of the Customer arising from the law or the Agreement, as well as any other circumstance that cannot be attributed to Biker Outfit. Damage resulting from a circumstance as referred to above does not offer the Customer any claim to compensation or any other compensation towards Biker Outfit.
- Biker Outfit is never liable for damage caused as a result of incorrect use of the Products or as a result of another cause as referred to in Article 11.8
- Biker Outfit is never liable for indirect damage, including loss suffered, lost profit and damage as a result of business interruption.
- Should Biker Outfit be liable for any damage, Biker Outfit has the right to repair this damage at all times. The Customer must give Biker Outfit the opportunity to do so, failing which any liability of Biker Outfit in this respect will lapse.
- Without prejudice to the provisions of the following paragraph, Biker Outfit's liability is limited to a maximum of the proper performance of the Work, or repair or replacement of the Products to which Biker Outfit's liability relates, all this only if and insofar as Biker Outfit is obliged to do so under a guarantee or a claim based on non-conformity as referred to in Article 10 or 11. If it is still not possible to carry out the Work properly or repair or replace the Products, the liability of Biker Outfit limits to a maximum of the invoice value of the Agreement, or at least that part of the Agreement to which Biker Outfit's liability relates.
- If an item of the Customer that Biker Outfit has in its possession in the context of Work is damaged as a result of a circumstance attributable to Biker Outfit, Biker Outfit is entitled to repair this damage (or have it repaired) at its own expense. The provisions of paragraph 4 apply mutatis mutandis. If the item is irreparably damaged or lost as a result of a circumstance attributable to Biker Outfit, Biker Outfit's liability is limited to compensation of the replacement value of the item in question. This replacement value is determined on the basis of all circumstances of the case, including in particular the state in which the item was when it was delivered to Biker Outfit and the age of the item.
- Without prejudice to the expiry periods as referred to in Articles 10 and 11, the limitation period for all legal claims against Biker Outfit is one year. Contrary to the previous sentence, legal claims accruing to Consumers that are based on facts that would justify the statement that a consumer purchase does not comply with the Agreement, expire after two years.
- In the case of a consumer purchase, the restrictions of this article do not extend beyond what is permitted under article 7:24 paragraph 2 of the Dutch Civil Code.
- The liability limitations from these general terms and conditions do not apply if the damage is caused by intent or deliberate recklessness on the part of Biker Outfit or its management staff.
ARTICLE 16. | RETENTION OF TITLE
- All Products delivered by Biker Outfit to the Customer remain its property until the Customer has properly fulfilled all its payment obligations under the relevant Agreement.
- The Customer is prohibited from selling, pledging or encumbering in any other way the Products subject to retention of title.
- The Customer is obliged to keep the Products delivered under retention of title with due care and as recognizable property of Biker Outfit.
- If third parties seize the Products subject to Biker Outfit's retention of title, or wish to establish or enforce rights thereon, the Customer is obliged to inform Biker Outfit of this as soon as possible.
- In the event of violation of the provisions of this article, the amount owed by the Customer to Biker Outfit will become immediately due and payable in full.
- The Customer gives unconditional permission to Biker Outfit or third parties designated by Biker Outfit to enter all those places where the Products subject to retention of title are located. The Customer must provide Biker Outfit with all information on first request in order to be able to exercise its property rights. All reasonable costs associated with the exercise of the ownership rights of Biker Outfit are for the account of the Customer.
- If the Customer has fulfilled its obligations after the Products have been delivered to it by Biker Outfit, the retention of title with regard to these Products will revive if the Customer fails to fulfill its obligations under an Agreement concluded later.
ARTICLE 17. | FINAL PROVISIONS
- Biker Outfit is entitled to change these general terms and conditions. In such a case, the Customer will be notified of this, whereby the amended general terms and conditions will be provided to him and after which they will apply. In the case of a Consumer, amended general terms and conditions do not apply to an Agreement that has already been concluded if and insofar as the amendments are to his detriment.
- Dutch law applies exclusively to each Agreement and all legal relationships arising therefrom between the Parties.
- The parties will not appeal to the courts until they have made every effort to settle the dispute in mutual consultation.
- Only the competent court within the district of the District Court of Amsterdam will be appointed in the first instance to take cognizance of any legal disputes between the Parties, without prejudice to the right of Biker Outfit to designate another competent court according to the law. However, a Consumer is entitled to choose the competent court according to the law within one month after Biker Outfit has announced In Writing that it wishes to litigate with the court designated by it.
- If these general terms and conditions are available in several languages, the Dutch version thereof is always decisive for the interpretation of the stipulations contained therein.
Last update: 2023, 7 January
