Terms of service
Our general terms and conditions:
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
1. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
2. Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
3. Distance contract: a contract concluded within the framework of a system organized by the entrepreneur for distance selling of products and/or services, whereby up to and including the conclusion of the contract exclusive use is made of one or more techniques for distance communication;
4. Technique for distance communication: a means that can be used for concluding a contract without the consumer and the entrepreneur having to be in the same place at the same time.
5. Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
6. Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;
7. Day: working day;
8. Long-term transaction: a distance contract relating to a series of products and/or services, for which the obligation to deliver and/or purchase is spread over time;
9. Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unaltered reproduction of the stored information.
10. Conformity, warranty and the Breakdown Pass
Article 2 – Identity of the entrepreneur
Name: DrBeyk Trading B.V / DrBeykOnline
Registered address: Uiterwaardenstraat 171, 1079CL Amsterdam
Telephone number: 020 – 26 000 77
Email address: info@drbeyk.nl
Chamber of Commerce number: 52379280 K.v.K. Amsterdam
VAT no.: 850417764B01
Opening hours: Sun – Thu 09:00 – 21:00 / (showroom and workshop open by appointment)
Article 3 – Scope
1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If desired, the general terms and conditions can be inspected at the entrepreneur’s premises before the distance contract is concluded and, at the consumer’s request, will be sent to them free of charge as soon as possible.
3. If the distance contract is concluded electronically, then, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer electronically in such a way that the consumer can easily find and store them on a durable data carrier. If this is not reasonably possible, it will be indicated, before the distance contract is concluded, where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the consumer’s request, either electronically or in another way.
4. In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, paragraphs 2 and 3 apply accordingly, and in the event of conflicting general terms and conditions the consumer may always rely on the applicable provision that is most favorable to them.
Article 4 – The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. The entrepreneur uses images and these are a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
3. 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;
• any delivery costs;
• the way in which the contract will be concluded and which actions are required for this;
• whether or not the right of withdrawal applies;
• the method of payment, delivery or performance of the contract;
• the period for accepting the offer, or the period for honoring the price;
• the amount of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the basic rate;
• whether the contract will be archived after its conclusion, and if so, how it can be consulted by the consumer;
• the way in which the consumer, before concluding the contract, can check and, if desired, correct the data they have provided in the context of the contract;
• any languages, in addition to Dutch, in which the contract 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 event of a contract that involves continuous or periodic delivery of products or services.
Article 5 – The contract
1. Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and meets the conditions set out therein.
2. 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 receipt of this acceptance has not been confirmed, the entrepreneur and the consumer may dissolve the contract.
3. If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures for this purpose.
4. Within the limits of the law, the entrepreneur may obtain information about whether the consumer can meet their payment obligations, as well as about all those 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 contract, they are entitled to refuse an order or request, stating reasons, or to attach special conditions to the performance.
5. The entrepreneur will send the following information to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier, together with the product or service:
a. the visiting address of the entrepreneur’s establishment where the consumer can lodge complaints;
b. the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information on existing after-sales service and warranties;
d. the data referred to in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the consumer prior to the performance of the contract;
e. the conditions for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
6. If the entrepreneur has undertaken to supply a series of products or services, the provision in the previous paragraph applies only to the first delivery.
7. The entrepreneur reserves the right to refuse maintenance on products outside the warranty and/or warranty period if the product has not been handled with due care or if communication takes place in a disrespectful or unpleasant manner.
Article 6a – Right of withdrawal for delivery of products
1. When purchasing products, the consumer has the option to dissolve the contract without giving reasons for a period of 14 days, unless one of the circumstances described in Article 6a3 applies. This period starts on the day after the product is received by or on behalf of the consumer.
2. During this period the consumer will handle the product and the packaging with care. They will only unpack or use the product to the extent necessary to determine whether they wish to keep the product. If they make use of their right of withdrawal, they will return the product with all supplied accessories, without signs of use or damage, and in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur. The (shipping) costs for a return shipment are in all cases borne by the consumer.
3. For products sold at a discount on the recommended retail price, products ordered at the consumer’s request, custom-made bicycles, bicycles that are specially manufactured at the consumer’s request, bicycles that have been made roadworthy by the consumer themselves, and bicycles on which accessories have been mounted at the consumer’s request, the right of withdrawal lapses. See 8.2
Article 6b – Right of withdrawal for provision of services
1. In the case of services, the consumer has the option to dissolve the contract without giving reasons for a period of seven working days, starting on the day on which the contract is concluded.
2. To make use of their right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.
Article 7 – Costs in the event of withdrawal
1. If the consumer makes use of their right of withdrawal, at most the shipping costs ‘to’ and ‘from’ will be at their expense.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the return shipment or withdrawal.
3. For services provided there is no right of withdrawal.
Article 8 – Exclusion of the right of withdrawal
1. If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the contract.
2. 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. e-bike batteries;
d. that, by their nature, cannot be returned;
e. repairs carried out;
f. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
g. custom-made bicycles and bicycles sold at a discount;
h. bicycles and products that are specially manufactured or ordered at the consumer’s request.
i. bicycles on which accessories have been mounted at the consumer’s request;
j. bicycles that have been made roadworthy by the consumer themselves.
3. Exclusion of the right of withdrawal is only possible for services:
a) repairs;
b) whose performance has begun with the express consent of the consumer before the cooling-off period has expired;
Article 9 – The price
1. 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 resulting from changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This link to fluctuations and the fact that any prices stated are target prices will be stated in the offer.
3. Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:
a. they are the result of statutory regulations or provisions; or
b. the consumer has the authority to terminate the contract as of the day on which the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.
b. For deliveries outside EU countries where the customer would be entitled to a VAT refund, we only facilitate this for the purchase of a bicycle and after submission of all legally required documents. For a refund we charge €67 in administration costs.
Article 10 – Conformity, warranty and maintenance
1. The entrepreneur guarantees that the products and/or services comply with the contract, with the specifications stated in the offer, with the reasonable requirements of soundness and/or usability and with the statutory provisions and/or government regulations existing on the date of conclusion of the contract.
What is warranty: Warranty applies in the event of product failure during the first two years after purchase. The first year via us and the second year is called manufacturer’s warranty. The following are not covered by warranty: ‘wear parts’ such as brakes, hubs, bearings and drivetrain. The right to warranty may also lapse in the event of ‘reckless use’ or ‘poor maintenance’. When purchasing a bicycle, the consumer is entitled to a free check-up within 3 months and 500 km.
Whether something is covered by warranty is assessed by us and ultimately by the manufacturer, reasonably and in good faith.
If manufacturer’s warranty applies in the second year, labor and any transport costs will be charged to the consumer. You can find Shimano’s current warranty conditions here.
2. Any warranty scheme offered by the entrepreneur, manufacturer or importer does not affect the rights and claims that the consumer may assert against the entrepreneur in respect of a failure in the performance of the entrepreneur’s obligations under the law and/or the distance contract.
3. For service and warranty, purchased products must always be presented at our location in Amsterdam. Any associated transport or shipping costs are at the customer’s expense.
4. Service, maintenance and warranty can only be provided during our opening hours. Outside our opening hours, during holidays and public holidays the right to these services is suspended until we are open again.
4b. In urgent warranty cases during our closure days we kindly ask you to send an email to service@drbeyk.nl We will then assess your request and, if necessary, try to engage one of our service partners to solve the problem. Please note: We do not reimburse repairs carried out by other bicycle repair shops without prior consultation with us, even if we are unable to respond quickly enough during our absence.
5. In the event of a warranty claim, proof of maintenance history may be requested. If the bicycle has not had at least the first check-up (within 500 km) and annual maintenance, the right to warranty may be refused depending on the mileage.
6. When replacing a part or product under warranty, the replacement product or part may differ slightly from the original part if the original is not available in time.
7. Maintenance, service, repairs and warranty handling are usually carried out by our service partners.
Article 11 – Delivery and performance
1. The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. With due observance of what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders with due speed but at the latest within 14 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot or can only partially be carried out, the consumer will be notified of this no later than 7 days after placing the order. In that case, the consumer has the right to dissolve the contract free of charge.
4. In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 7 days after dissolution.
5. If delivery of an ordered product proves to be impossible, the entrepreneur will inform you within three days and offer an alternative or a refund.
6. The risk of damage to and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless expressly agreed otherwise.
Article 12 – Long-term transactions
1. The consumer may terminate a contract that has been concluded for an indefinite period at any time, subject to the agreed termination rules and a notice period of no more than one month.
2. A contract that has been concluded for a fixed period has a term of a maximum of one year. If it has been agreed that the distance contract will be tacitly extended if the consumer does not explicitly object, the contract will be continued as a contract for an indefinite period and, after continuation, the notice period will be a maximum of one month.
Article 13 – Payment
1. Unless otherwise agreed at a later date, amounts owed by the consumer must be paid upon delivery of the goods or, in the case of a contract for the provision of a service, within 14 days after issuance of the documents relating to this contract.
2. When selling products to consumers, payment for the product must be made in advance via iDEAL, PayPal or bank transfer. For products with a delivery time of more than 7 days, the seller requires an advance payment of at least 50%. Where advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
3. The consumer has the duty to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
4. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs made known in advance.
5. If a product is no longer deliverable, amounts paid will be refunded within 3 days.
6. For a product referred to in Article 6a 3, the consumer is not entitled to a refund of the deposit if the order is cancelled. Any amount above 50% of the total order will be paid out to the consumer.
Article 14 – Complaints procedure
1. The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
2. Complaints about the performance of the contract must be submitted to the entrepreneur within a reasonable time after the consumer has discovered the defects, fully and clearly described.
3. 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.
Article 15 – Additional or deviating provisions
Additional provisions or provisions that deviate 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.