Terms and Conditions

Welcome to abcfatbikes.nl.

Article 1 Our fatbikes come with a 1-year warranty on the motor and a 1-year warranty on the frame.

Article 2 These terms and conditions outline the rules and regulations for the use of Fatbike's Website, located at www.abcfatbikes.nl.

By accessing this website, we assume you accept these terms and conditions. Do not continue to use Myfatbikes if you do not agree to take all of the terms and conditions stated on this page.

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, the entrepreneur shall indicate, prior to the conclusion of the distance contract, that the general terms and conditions are available for inspection at the entrepreneur’s premises and will be sent to the consumer free of charge as soon as possible upon request.

If the distance contract is concluded electronically, then—notwithstanding the previous paragraph and prior to the conclusion of the distance contract—the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, the entrepreneur shall indicate, prior to the conclusion of the distance contract, where the general terms and conditions can be accessed electronically and that they will be sent to the consumer free of charge, either electronically or otherwise, upon request.

In the event that specific product or service terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly; in the event of conflicting terms and conditions, the consumer may always invoke the applicable provision that is most favorable to them.

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

Article 4 – The Offer

If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to alter and adjust 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 representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.

Product images are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors correspond exactly to the actual colors of the products.

Each offer contains information that makes it clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in

particular:

The price excluding 21% VAT;

Any delivery costs;

The manner in which the agreement will be concluded and the actions required for this;

Whether or not the right of withdrawal applies;

The method of payment, delivery, or performance of the agreement;

The period for accepting the offer or the period for honoring the price;

The rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the basic rate; If the contract is archived after its conclusion, the manner in which it can be accessed by the consumer;

The manner in which the consumer can become aware of unintended actions prior to concluding the contract, as well as the manner in which they can rectify these before the contract is concluded;

Any languages ​​other than English in which the contract may be concluded;

The codes of conduct to which the trader is subject and the manner in which the consumer can consult these codes of conduct electronically; and

The minimum duration of the distance contract in the case of a contract involving the continuous or periodic supply of products or services.

Article 5 – The Agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and complies with the conditions set out therein.

If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the trader shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can make electronic payments, the trader shall observe appropriate security measures for this purpose.

The trader may—within legal frameworks—inform himself whether the consumer can meet his payment obligations, as well as regarding all facts and factors relevant to responsibly entering into the distance contract. If, on the basis of this investigation, the trader has valid grounds not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the performance thereof.

With the product or service, the trader shall provide the consumer with the following information, either in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

information on guarantees and existing after-sales service;

the information set out in Article 4, paragraph 3 of these terms and conditions, unless the trader has already provided this information to the consumer prior to the performance of the agreement; the requirements for terminating the agreement if the agreement has a duration of more than one year or is for an indefinite period.

In the case of a continuing performance contract, the provision in the preceding paragraph applies only to the first delivery.

Every agreement is entered into subject to the condition precedent of sufficient availability of the products concerned.

Article 6 – Right of withdrawal

For the delivery of products:

When purchasing products, the consumer has the option to dissolve the agreement without giving any reason for a period of 14 days. This cooling-off period commences on the day following 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 shall handle the product and the packaging with care. He shall unpack or use the product only to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he shall return the product to the entrepreneur with all supplied accessories 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 notify the entrepreneur of this within 14 days of receipt of the product. The consumer must provide this notification using the model form. After the consumer has indicated a wish to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by means of proof of shipment.

If, after the expiry of the periods mentioned in paragraphs 2 and 3, the customer has not indicated a wish to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase becomes final.

Return costs: If you return a product, return costs apply; these costs are borne by the customer. Do you wish to exchange the product? In that case, you only pay the return costs for the product; we will cover the shipping costs. If a customer wishes to return the fatbike, a shipping and processing fee of €100 will be charged. This fee covers both the transport costs and the processing costs associated with the return shipment.

Regarding the provision of services:

In the case of the provision of services, the consumer has the right to dissolve the agreement without giving any reason for a period of at least 14 days, commencing on the day the agreement is concluded.

To exercise the right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the trader in connection with the offer and/or at the latest upon delivery.

Article 7 – Costs in the event of withdrawal

If the consumer exercises their right of withdrawal, they shall bear, at most, the costs of returning the goods.

If the consumer has made a payment, the trader shall refund this amount as soon as possible, but no later than 14 days after the withdrawal. 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. The refund will be made using the same payment method used by the consumer, unless the consumer explicitly consents to a different payment method.

If the product is damaged due to careless handling by the consumer, the consumer is liable for any depreciation in the product's value.

Article 8 - Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.

Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims that the consumer may assert against the entrepreneur under the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within two weeks of delivery. Products must be returned in their original packaging and in new condition.

The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for any specific 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 themselves or has had them repaired and/or modified by third parties;

The delivered products have been exposed to abnormal conditions, otherwise handled carelessly, or treated contrary to the entrepreneur's instructions and/or the instructions on the packaging;

The defect is wholly or partially the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Please note that the warranty becomes void in the following situations:

In cases of irresponsible, reckless, incorrect, unskilled, or improper use of the fatbike—such as use for purposes other than daily personal use, commercial rental, racing, etc. When damage or defects cannot be attributed to abcfatbikes.nl—for example, damage resulting from a fall, collision, or submersion in water. If the fatbike (or parts thereof) has been repaired, modified, or overhauled by anyone other than abcfatbikes.nl, or if original parts have been replaced with non-official parts. When the fatbike has not been maintained in accordance with the obligations described in the repair and maintenance section. If the notification obligation described in the General Terms and Conditions is not met. After the expiration of the relevant warranty period. Failure to perform timely maintenance on the fatbike: 900km / 1800km / 3700km / 4600km.

Article 9 – Delivery

The trader shall exercise the greatest possible care when receiving and executing product orders 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 the provisions of paragraph 4 of this article, the company shall execute accepted orders with due speed but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer shall be notified of this no later than 30 days after placing the order. In such a case, the consumer has the right to dissolve the agreement without cost. The consumer is not entitled to compensation.

All delivery periods are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a time limit does not entitle the consumer to compensation.

In the event of dissolution pursuant to paragraph 3 of this article, the trader shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

If delivery of an ordered product proves impossible, the trader shall endeavor to make a replacement item available. Notification that a replacement item is being delivered shall be given in a clear and comprehensible manner no later than at the time of delivery. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment shall be borne by the trader. The risk of damage to and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

The fatbike may be ridden for a maximum of 3 kilometers.

A charge for depreciation may be applied if it is used for more than 3 km.

The fatbike must be returned undamaged and complete.

Article 10 – Continuing performance contracts

The consumer may terminate a contract entered into for an indefinite period at any time, subject to agreed termination rules and a notice period of no more than one month.

A contract entered into for a fixed period has a maximum duration of one year.