TERMS AND CONDITIONS

By placing an order with payment obligation, you agree to our terms and conditions. Also by registering an account on our website/shop, you agree to these terms and conditions.

Table of Contents:

1. Article 1 - Definitions
2. Article 2 - Identity of the entrepreneur
3. Article 3 - Applicability.
4. Article 4 - The offer
5. Article 5 - The Agreement
6. Article 6 - Right of withdrawal
7. Article 7 - Costs in case of withdrawal
8. Article 8 - Exclusion of the right of withdrawal.
9. Article 9 - The price
10. Article 10 - Conformity and warranty
11. Article 11 - Delivery and execution
12. Article 12 - Duration transactions: duration, termination and renewal
13. Article 13 - Payment
14. Article 14 - Complaints procedure
15. Article 15 - Disputes
16. Article 16 - Additional Conditions for Dealers
17. Article 17 - Additional Terms and Conditions for Affiliates.

Article 1 - Definitions

In these terms and conditions, the following definitions shall apply:

• Reflection period: the period within which the consumer can exercise his right of withdrawal;
• Consumer: the natural person not acting in the exercise of a profession or business 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 medium: any means that enables the consumer or entrepreneur to store information addressed to him personally, in a way that allows future consultation and unaltered reproduction of the stored information;
• Right of withdrawal: the possibility for the consumer to waive the distance contract within the withdrawal period;
• Model form: the model withdrawal form made available by the entrepreneur, which a consumer can fill in when he wants to exercise his right of withdrawal;
• Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;
• Distance contract: an agreement in which, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
• Technology for distance communication: means that can be used for the conclusion of an agreement, without the consumer and entrepreneur being together 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

Kobra Bikes BV
Tappersweg 14 - 41
2031 EV Haarlem
Phone number: +31 85 080 6631
Chamber of Commerce number: 87734974

Article 3 - Applicability.

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order established between entrepreneur and 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 are available for inspection at the entrepreneur's premises and they will be sent free of charge to the consumer as soon as possible upon request.

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 may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be inspected electronically and that at the consumer's request they will be sent electronically or otherwise free of charge.

In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting general conditions, the consumer may always rely on the applicable provision that is most favorable to him.

If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions shall remain in force for the rest and the provision in question shall be replaced without delay by mutual agreement with a provision that approximates the purport of the original as much as possible.

Situations not covered by these general terms and conditions should be judged "in the spirit" of these general terms and conditions.

Any ambiguity 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 period of validity or is made subject to conditions, this shall 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 proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true reflection of the products and / or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
All images and specifications in the offer are indications and can not lead to compensation or dissolution of the agreement.
Images of products are a true 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 attached to the acceptance of the offer. This concerns in particular:

• the price including taxes;
• the cost of shipping, if any;
• The manner in which the agreement will be established and what actions are required for that purpose;
• Whether or not the right of withdrawal applies;
• the method of payment, delivery and performance 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 cost of using the technique for distance communication is calculated on a basis other than the regular basic rate for the means of communication used;
• Whether the agreement is archived after its conclusion, and if so, in what way it can be accessed by the consumer;
• the way in which the consumer, before the conclusion of the contract, can check the information provided by him under the contract and, if desired, correct it.

Article 5 - The Agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the corresponding conditions.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur may, within legal frameworks, inform himself whether the consumer can meet his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, giving reasons.
The entrepreneur will send the consumer the following information with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier:
a. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
b. the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
c. the information on guarantees and existing after-sales service;
d. the data included in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided the consumer with these data before the execution of the agreement;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of a duration transaction, the provision of the previous paragraph applies only to the first delivery.
Each contract is entered into under the suspensive conditions of sufficient availability of the relevant products.

Kobra Bikes or any form of these is not liable for damage caused by the use of products. Be sure to use and handle the products properly.

Article 6 - Right of withdrawal

On delivery of products:
When purchasing products, the consumer has the option of dissolving the agreement without giving reasons for 14 days. This reflection period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.
During the reflection period, the consumer will handle the product and packaging with care. Products can only be returned when the seal of the packaging is still intact. If he exercises his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to use his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer must make this known using the model form. After the consumer has made it known that he wants to use 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 a proof of shipment.
If the customer has not made known after the expiry of the periods mentioned in paragraphs 2 and 3 that he wants to use his right of withdrawal, respectively has not returned the product to the entrepreneur, the purchase is a fact.

In case of delivery of services:
In case of delivery of services, the consumer has the possibility to dissolve the agreement without giving reasons for at least 14 days, starting on the day of entering into the agreement.
To make use of his right of withdrawal, the consumer will comply with the reasonable and clear instructions provided by the entrepreneur with the offer and / or at the latest on delivery.

Article 7 - Costs in case of withdrawal

If the consumer makes use of his right of withdrawal, at most the costs of return shipment will be at his expense.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after revocation. This is subject to the condition that the product has already been received by the entrepreneur or conclusive evidence of complete return can be presented.

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 for the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products:
a. that have been created by the entrepreneur in accordance with the consumer's specifications;
b. that are clearly personal in nature;
c. that cannot be returned due to their nature;
d. that spoil or age quickly;
e. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
f. for single newspapers and magazines;
g. for audio and video recordings and computer software of which the consumer has broken the seal;
h. for hygienic products;
i. for products whose value is considerably less after use, e.g. means of transport.

Exclusion of the right of withdrawal is only possible for services:
a. concerning accommodation, transportation, restaurant business or leisure activities to be performed on a certain date or during a certain period;
b. whose delivery has started with the express consent of the consumer before the cooling-off period has expired;
c. relating to betting and lotteries.

Article 9 - The price

During the validity period stated in the offer, the prices of the products and/or services offered 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 whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur's control, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.
Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated it and:
a. they are the result of legal regulations or provisions; or
b. the consumer is authorized to terminate the contract on the day on which the price increase takes effect.

The prices mentioned in the offer of products or services include VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

Article 10 - Conformity and Warranty

The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations that existed on the date the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer under the agreement against the entrepreneur can assert.
Any defects or incorrectly delivered products should be reported to the entrepreneur in writing within 24 hours of delivery. Return of the products must be in the original packaging and in new condition.
The warranty period of the entrepreneur corresponds to the manufacturer's 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:

• the consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by a third party;
• the delivered products have been exposed to abnormal conditions or otherwise carelessly treated or have been treated contrary to the instructions of the entrepreneur and/or on the packaging;
• the defectiveness is wholly or partly the result of regulations which the government has imposed or will impose with regard to the nature or quality of the materials used.

Article 11 - Delivery and execution

The company will take 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 made known to the company.
Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously, but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order can not or only partially be carried out, the consumer receives this no later than 30 days after the order was placed. The consumer in that case has the right to dissolve the agreement without cost. The consumer has no right to compensation.

All delivery terms are indicative. The consumer cannot derive any rights from any terms mentioned. Exceeding a term gives the consumer no right 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 at the latest within 14 days after dissolution.
If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement article. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.
The risk of damage and / or loss of products rests with the entrepreneur until the time of delivery to the consumer or a previously designated and disclosed to the entrepreneur representative, unless otherwise expressly agreed.

Article 12 - Duration transactions: duration, termination and renewal

Termination
The consumer may terminate an open-ended contract that has been concluded for the regular delivery of products (including electricity) or services at any time in accordance with the applicable termination rules and a notice period not exceeding one month.
The consumer may terminate a fixed-term contract that was concluded for the regular delivery of products (including electricity) or services at any time at the end of the fixed term in compliance with the applicable termination rules and a notice period not exceeding one month.

The consumer may enter into the agreements mentioned in the previous paragraphs:

• cancel at any time and not be limited to cancellation at a particular time or period;
• terminate at least in the same manner as they were entered into by him;
• always cancel with the same notice period as the entrepreneur has stipulated for himself.

Renewal
A contract entered into for a definite period and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period. Notwithstanding the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily, news and weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer can terminate this extended contract by the end of the extension with a notice period not exceeding one month.

A fixed-term contract that has been concluded for the regular delivery of products or services may only be tacitly renewed for an indefinite period of time if the consumer may terminate at any time with a notice period of up to one month and a notice period of up to three months in case the contract is concluded for the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
A contract with a limited duration for the regular supply of trial days, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration
If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice period not exceeding 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 should be paid within 7 working days after the start of the reflection period referred to in Article 6 paragraph 1. In case 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 payment data provided or mentioned to the entrepreneur.
In case of non-payment by the consumer, the entrepreneur has, subject to legal restrictions, the right to charge the reasonable costs communicated in advance 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 performance of the agreement must be submitted to the entrepreneur within 7 days fully and clearly described, 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 foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice 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 which is subject to the dispute settlement procedure.

For complaints, a consumer should first turn to the entrepreneur. For complaints that cannot be resolved by mutual agreement, the consumer should turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. If there is still no solution, the consumer has the option of having his complaint handled by Stichting GeschilOnline(www.geschilonline.com); the decision is binding and both entrepreneur and consumer agree to this binding decision. There are costs associated with submitting a dispute to this disputes committee, which must be paid by the consumer to the committee in question. It is also possible to submit complaints via 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 discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

On agreements between the entrepreneur and the consumer to which these general conditions relate, only Dutch law applies. Even if the consumer resides abroad. The Vienna Sales Convention is not applicable.