ARTICLE 1 — DEFINITIONS
1.1 In these Terms and Conditions the following definitions will be used in the context stipulated in this article unless indicated otherwise:
a. Wert Cycling: the user of these terms and conditions: Wert Cycling holds office at the following address: Vaartweg 94, 3131HV Vlaardingen, The Netherlands; registered under number 63291711 at the Dutch Chamber of Commerce (KvK) and the Dutch tax authorities with VATIN NL150554400B04;
b. Agreement: the legal purchase agreement between Wert Cycling and the customer;
c. Customer: The natural legal person who ordered one or more products from Wert Cycling;
d. Website: The Wert Cycling website with the URL www.ridewert.com serves the purpose of making product offerings commercially available for purchase.
ARTICLE 2 — PRODUCTS & PRICING
2.1 The products offered by Wert Cycling are not bound by any obligations outside these terms and conditions.
2.2 Apparent mistakes or errors found on the Wert Cycling website are not legally binding.
2.3 Any changes made in the product range offered on the website can be altered by Wert Cycling at any time.
2.4 Prices mentioned on the website are including and excluding VAT.
2.5 Product prices mentioned on the website are excluding shipping costs.
ARTICLE 3 — AGREEMENTS & SETTLEMENTS
3.1 The agreement is legally binding after the customer has succesfully completed the order process on the website.
3.2 The agreement is legally binding only after the customer has vetted and explicitly agreed to the terms and conditions published on the website.
3.3 After the purchase order has been fully agreed upon by both parties (Wert Cycling and said customer), Wert Cycling will send an order confirmation via e-mail without delay. This e-mail will contain an order number, and all other necessary purchase information regarding the purchase order agreed upon by both parties. When this e- mail is received, the purchase order will become a binding agreement. If the customer has not recieved this e- mail, the customer has to contact Wert Cycling for further explanation.
3.4 The customer is legally bound to provide correct, faultless and valid information necessary to complete the purchase agreement. Wert Cycling is in no way liable for the consequences if the information supplied by the customer is incomplete or erroneous.
3.5 Wert Cycling retains the right to disband the agreement with the customer without prior notice after said customer has succesfully completed the order procedure on the website after review of said purchase agreement. Upon disbanding the agreement, Wert Cycling notifies the customer via email without delay.
ARTICLE 4 — PAYMENT
4.1 The website offers the following payment methods:
c. Credit Card
f. SEPA Transfer
g. SOFORT Banking
4.2 Wert Cycling has taken appropriate security measures to secure electronic payments on the website.
ARTICLE 5 — SHIPPING & DELIVERY
5.1 Wert Cycling strives to ship the ordered product(s) to the customer within 14 days of purchase. Wert Cycling informs the customer via e-mail about the shipped product(s).
5.2 Wert Cycling will take great care to ensure that ordered product(s) will be adequately delivered to its customer. Ownership of said products is transferred to the customer upon delivery.
5.3 If for any reason Wert Cycling is unable to dispatch a product within 30 days from purchase through the website, Wert Cycling will inform the customer via e-mail and allow said customer the opportunity to disband the purchase agreement without liability to the customer. If said customer decides to disband said purchase agreement, Wert Cycling will reimburse the sums already paid by the customer within 14 days after the purchase agreement is disbanded.
ARTICLE 6 — WARRANTY & COMPLAINTS
6.1 Wert Cycling extends a standard 2-year warranty on defects in materials and workmanship from the date of purchase unless explicitly stated otherwise.
6.2 The warranty offered on Wert Cycling products applies only to the first owner and is not transferable unless stated otherwise or specifically agreed upon.
6.3 Providing that a product purchased from Wert Cycling shows signs of damage or defects upon delivery, the customer should promptly inform Wert Cycling, describe said damage or defects in as much detail as possible and, if feasible, provide Wert Cycling with digital images thereof via e-mail.
6.4 The customer is obligated to facilitate Wert Cycling to investigate the complaint. Within that context, Wert Cycling can oblige the customer to return the damaged item(s) to sender.
6.5 The Invoice is proof of purchase as well as the warranty certificate.
6.6 Should a customer wish to make a warranty claim, the customer must do so by contacting Wert Cycling via e-mail to obtain an RMA number prior to returning the product.
6.7 If the customer proves that the delivered product was defective at the time of delivery or if Wert Cycling decides to honor the warranty claim, Wert Cycling reserves the right to either repair the product free of charge, send the customer a replacement product or issue a full or partial refund.
6.8 Complaints about any product supplied by Wert Cycling will be rejected, and the warranty voided if:
a. defects are the result of improper use;
b. the customer and/or a third party altered and/or changed or modified the product, including the removal of logos, markings and/or serial numbers and/or carried out repairs to the product;
c. damage to the product is caused by external circumstances, such as destruction or abuse;
d. the product has been used for purposes other than its intended use;
e. defects are the result of use beyond or outside its certified technical limitations;
f. defects are caused by components and/or products not supplied by Wert Cycling;
g. the customer fails to follow the user instructions;
h. the product is resold;
ARTICLE 7 — RIGHT OF WITHDRAWAL & RETURNS
7.1 The customer has the right to use the right of withdrawal to dissolve the agreement within 14 days upon delivery of the ordered product.
7.2 During this 14 day period as described in article 7.1, the customer will treat the product and its packaging with great care.
7.3 Should the customer wish to use the right of withdrawal, then the customer is obligated to give explicit notice to Wert Cycling within the aforementioned 14 day period using the model withdrawal form published on the website.
7.4 Upon exercising the right of withdrawal, the customer is obligated to send back the product to Wert Cycling completely undamaged and unchanged and as far as possible in its original packaging.
7.5 The customer can also return the product as stated in article 7.1 without notifying Wert Cycling beforehand, providing that included is a filled in model withdrawal form or an unambiguous statement wherein the customer invokes the right of withdrawal.
7.6 Wert Cycling will send a confirmation e-mail to the customer that invokes their right of withdrawal via e-mail or the website.
7.7 If the returned product shows signs of damage and/or traces of use, Wert Cycling will in accordance with article 7.10 deduct these damages from the refund issued to the customer.
7.8 In accordance with this article, return shipping costs of the product will be the sole responsibility of the customer dissolving the agreement.
7.9 The customer is solely responsible for the return shipping of the product, including the burden of proof that the product has been properly delivered, for example, by means of proof of delivery.
7.10 In the event of a dissolution as described in this article, Wert Cycling will issue a refund within 14 days after the customer has invoked their right of withdrawal and Wert Cycling has received the returned product.
ARTICLE 8 — LIABILITY
8.1 Wert Cycling cannot be liable for damages to the product caused by, for example, incorrect or improper use, abuse, or misuse in violation with its user instructions.
8.2 If a customer or third party changes or alters a product supplied by Wert Cycling, this will result in the complete withdrawal of all warranties and liability.
8.3 In no wise is Wert Cycling liable for damage arisen or caused by the delivered product having been used in any other way than its intended purpose.
8.4 If Wert Cycling is liable for any damages, the liability of Wert Cycling is limited to the amount of the payment made by the insurer of Wert Cycling. If in any case the insurer does not pay out, or the damage is not covered by the insurance, the liability of Wert Cycling is limited, insofar as this is not contrary to any statutory legal provision, to the amount paid by the buyer for the product to which the liability relates.
8.5 The limitations of liability for direct damages included in these terms and conditions do not apply if the damage is due to intent or deliberate recklessness by Wert Cycling.
ARTICLE 9 — PRIVACY
ARTICLE 10 — AMENDMENTS
10.1 Wert Cycling reserves the right to change and alter these terms and conditions at any time and without any obligation to inform its customers. Applicable is the version of the terms and conditions valid upon the moment of the coming into being of the agreement.
ARTICLE 11 — APPLICABLE LAW
11.1 The Dutch commercial law is the only applicable law in all agreements between the customer and Wert Cycling.
11.2 Any and all disputes concerning agreements between the customer and Wert Cycling are submitted to the competent court in the district wherein Wert Cycling is established. After Wert Cycling has invoked this stipulation and the customer is legally informed thereof, the customer is granted 30 days to choose the court competent according to the law in order to settle the dispute.