General Terms and Conditions Cargo Bike Mobility B.V.

Private Limited Company Cargo Bike Mobility B.V. (hereinafter: Cargo Bike Mobility) is registered with the Chamber of Commerce under number 91641268 and is located at Meldijk 32 (1911BB) Uitgeest.

Article 1 – Definitions

In these general terms and conditions, the following terms are used in the following meaning, unless expressly stated otherwise:
Offer: Any written offer to the Buyer for the delivery of Products by the Seller to which these conditions are inextricably linked.
Company: The natural or legal person acting in the exercise of a profession or business.
Buyer: The Company that enters into a (distance) Agreement with the Seller.
Agreement: The (distance) purchase agreement that extends to the sale and delivery of Products purchased by the Buyer from Cargo Bike Mobility.
Products: The Products offered by Cargo Bike Mobility are custom made (electronic) bicycles.
Seller: The provider of Products to the Buyer.
Activities: the work that Cargo Bike Mobility offers is all work outside of employment with the aim of creating and delivering work of a material nature (repair/assembly of Products), and/or carrying out maintenance for a fee to be paid by the Buyer price in money.
Customization: the custom work that Cargo Bike Mobility offers are all work that coincides with the design, production, sale and repair of Products at the request of the Buyer.

Article 2 – Applicability

These general terms and conditions apply to every Offer from Cargo Bike Mobility and every Agreement between Cargo Bike Mobility and a Buyer and to every Product offered by Cargo Bike Mobility.
Before a (distance) Agreement is concluded, the Buyer will have access to these general terms and conditions. If this is not reasonably possible, Cargo Bike Mobility will indicate to the Buyer how the Buyer can view the general terms and conditions, which in any case are published on the Cargo Bike Mobility website, so that the Buyer can easily store these general terms and conditions on a durable data carrier. .
In exceptional situations, these general terms and conditions may be deviated from if this has been explicitly agreed in writing with Cargo Bike Mobility.
These general terms and conditions also apply to additional, amended and follow-up agreements with the Buyer. Any general and/or purchasing conditions of the Buyer are expressly rejected.
If one or more provisions of these general terms and conditions are partially or completely void or are voided, the other provisions of these general terms and conditions will remain in effect and the void/nullified provision(s) will be replaced by a provision with the same scope as the original provision. .
Uncertainties about the content, explanation or situations that are not regulated in these general terms and conditions must be assessed and explained in the spirit of these general terms and conditions.
If these general terms and conditions refer to she/her, this should also be construed as a reference to he/him/his, if and to the extent applicable.

Article 3 – The Offer

All offers made by Cargo Bike Mobility are without obligation, unless expressly stated otherwise in writing. If the Offer is limited or valid under specific conditions, this will be expressly stated in the offer. An Offer only exists if it is recorded in writing.
Cargo Bike Mobility is only bound to the Offer if acceptance thereof is confirmed in writing by the Buyer within 14 days, or if the Buyer has already paid the amount due. Nevertheless, Cargo Bike Mobility has the right to refuse an Agreement with a potential Buyer for a reason justified by Cargo Bike Mobility.
The Offer contains an accurate description of the Product and/or Activities offered with the associated prices. The description is sufficiently detailed so that the Buyer is able to make a good assessment of the Offer. Obvious mistakes or errors in the Offer cannot bind Cargo Bike Mobility. Any images and specific data in the Offer are only an indication and cannot be grounds for any compensation or termination of the Agreement (remotely). Cargo Bike Mobility cannot guarantee that the colors in the image exactly match the real colors of the Product.
Delivery times and terms stated in the Cargo Bike Mobility Offer are indicative and do not entitle the Buyer to termination or compensation if they are exceeded, unless expressly agreed otherwise.
A composite quotation does not oblige Cargo Bike Mobility to deliver part of the items included in the offer or Offer at part of the stated price.
If and insofar as there is an offer, this does not automatically apply to repeat orders. Offers are only valid until stocks last and according to the last-is-last principle.
If the Offer is based on information provided by the Buyer and this information proves to be incomplete and/or incorrect or this information is subsequently changed, Cargo Bike Mobility has the right to adjust the rates, delivery times and/or prices stated in the Offer. . The buyer is obliged to accept the changed circumstances and to meet the stated payment obligations.

Article 4 – Conclusion of the Agreement

The Agreement is concluded when the Buyer has accepted an Offer from Cargo Bike Mobility by signing the Agreement.
An Offer can be made by Cargo Bike Mobility via the website.
If the Buyer has accepted the Offer by concluding an Agreement with Cargo Bike Mobility, Cargo Bike Mobility will confirm the Agreement with the Buyer in writing, or at least by e-mail.
If the acceptance deviates (on minor points) from the Offer, Cargo Bike Mobility is not bound by it.
Cargo Bike Mobility is not bound by an Offer if the Buyer could reasonably have expected or should have understood or should have understood that the Offer contains an obvious mistake or typo. The Buyer cannot derive any rights from this error or typo.
The right of withdrawal is excluded for the Buyer being a Company.
The buyer is not authorized to partially cancel maintenance, installation and/or repair. If the execution of the Agreement has already started and the Buyer cancels the Agreement, the Buyer is liable for the price applicable for the entire work.
The buyer is liable to third parties for the consequences of the cancellation and indemnifies Cargo Bike Mobility against any resulting claims from these third parties.

Article 5 – Execution of the Agreement

Cargo Bike Mobility will execute the Agreement to the best of its knowledge and ability.
If and to the extent that this is required for the proper execution of the Agreement, Cargo Bike Mobility has the right to have certain work carried out by third parties at its own discretion.
The Buyer ensures that all information that Cargo Bike Mobility indicates is necessary or of which the Buyer should reasonably understand that it is necessary for the execution of the Agreement, is provided to Cargo Bike Mobility in a timely manner. If the information required for the execution of the Agreement has not been provided to Cargo Bike Mobility in a timely manner, Cargo Bike Mobility has the right to suspend the execution of the Agreement.
In the execution of the Agreement, Cargo Bike Mobility is not obliged or obliged to follow the instructions of the Buyer if this changes the content or scope of the Agreement. If the instructions require additional work for Cargo Bike Mobility, the Buyer is obliged to reimburse the additional or additional costs accordingly.
Before proceeding with the execution of the Agreement, Cargo Bike Mobility may require security from the Buyer or full advance payment.
Cargo Bike Mobility is not liable for damage, of any nature, caused by Cargo Bike Mobility based on incorrect and/or incomplete information provided by the Buyer, unless this incorrectness or incompleteness was known to Cargo Bike Mobility.
The Buyer indemnifies Cargo Bike Mobility against any claims from third parties who suffer damage in connection with the execution of the Agreement and which are attributable to the Buyer.

Article 6 – Product delivery

If the commencement, progress or delivery of the Agreement is delayed because, for example, the Buyer has not provided all requested information or has not provided it in a timely manner, does not provide sufficient cooperation, the (down) payment has not been received on time by Cargo Bike Mobility or due to other circumstances If any delay occurs beyond the control of Cargo Bike Mobility, Cargo Bike Mobility is entitled to a reasonable extension of the delivery period. All agreed delivery terms are never strict deadlines. The buyer must give notice of default to Cargo Bike Mobility in writing and grant it a reasonable period to be able to deliver. The buyer is not entitled to any compensation due to the delay.
The Buyer is obliged to purchase the goods at the time they are made available to it in accordance with the Agreement, even if they are offered to it earlier or later than agreed.
If the Buyer refuses to accept delivery or fails to provide information or instructions necessary for delivery, Cargo Bike Mobility is entitled to store the goods at the expense and risk of the Buyer.
If the Products are delivered by Cargo Bike Mobility or an external carrier, Cargo Bike Mobility is entitled to charge any delivery costs, unless otherwise agreed in writing. These will then be invoiced separately unless expressly agreed otherwise.
If Cargo Bike Mobility requires information from the Buyer in the context of the execution of the Agreement, the delivery time will only commence after the Buyer has made all data required for the execution available to Cargo Bike Mobility.
If Cargo Bike Mobility has specified a delivery period, this is indicative. Longer delivery times apply for deliveries outside the Netherlands.
Cargo Bike Mobility is entitled to deliver the goods in parts, unless this has been deviated from in the Agreement or the partial delivery has no independent value. Cargo Bike Mobility is entitled to invoice the goods delivered in this way separately.
Deliveries will only be made if all invoices have been paid unless expressly agreed otherwise. Cargo Bike Mobility reserves the right to refuse delivery if there is a well-founded fear of non-payment.

Article 7 – Packaging and transport

Cargo Bike Mobility undertakes to the Buyer to properly package the goods to be delivered and to secure them in such a way that they reach their destination in good condition under normal use.
Unless otherwise agreed in writing, all deliveries are made inclusive of turnover tax (VAT), including packaging and packaging materials.
Accepting goods without any comments on the waybill or receipt serves as proof that the packaging was in good condition at the time of delivery.

Article 8 – Investigation, complaints

The buyer is obliged to inspect the delivered goods at the time of delivery, but in any case within 14 days after receipt of the delivered goods, but only to unpack or use them to the extent necessary to can assess whether it retains the Product. The Buyer must investigate whether the quality and quantity of the delivered goods correspond with the Agreement and whether the Products meet the requirements that apply to them in normal (trade) traffic.
The Buyer is obliged to investigate and inform himself how the Product should be used and, in case of personal use, to test the Product in accordance with the instructions for use. Cargo Bike Mobility accepts no liability for incorrect use of the Product by the Buyer.
Any visible defects or shortages must be reported in writing to Cargo Bike Mobility after delivery (email). The buyer has a period of 14 days after delivery to do this. If the Product is damaged due to careless handling by the Buyer himself, the Buyer himself is liable for any depreciation in value of the Product.
If a complaint is made in a timely manner in accordance with the previous paragraph, the Buyer remains obliged to pay for the purchased goods. If the Buyer wishes to return defective goods, this will only be done with the prior written permission of Cargo Bike Mobility in the manner indicated by Cargo Bike Mobility.
Cargo Bike Mobility is entitled to start an investigation into the authenticity and condition of the returned Products before a refund will be made.
Refunds to the Buyer will be processed as soon as possible, but the refund may take no later than 14 days after receipt of the Buyer's declaration of dissolution. Refunds will be made to the previously specified account number.
If the Buyer exercises its right to complain, the Buyer, being a Company, has no right to suspend its payment obligation, nor to settle outstanding invoices.
In the absence of a complete delivery, and/or if one or more Products are missing, and this is attributable to Cargo Bike Mobility, Cargo Bike Mobility will, after a request from the Buyer, send the missing Product(s) or the remaining order. Cancel. The confirmation of receipt of the Products is leading. Any damage suffered by the Buyer as a result of the (deviating) size of the delivery cannot be recovered from Cargo Bike Mobility.

Article 9 – Work on custom-made Products

Cargo Bike Mobility will make every effort to carry out the Customization with the utmost care as may be expected of a good Seller. All Custom Work is carried out on the basis of an obligation of best efforts, unless a result has been explicitly agreed in writing and has been described in detail. Under no circumstances does Cargo Bike Mobility guarantee that the work carried out and/or the goods delivered by it are suitable for the purpose intended by the Buyer.
The buyer is obliged to supply all necessary information, data and documents on time, completely, correctly and in the desired form for the design. The design is an expression of creativity, taste and individuality. If the Buyer agrees to the Offer as made known by Cargo Bike Mobility, this also means that the Buyer agrees with the approach and style used by Cargo Bike Mobility. Cargo Bike Mobility has the right to carry out the content of its work at its own creative discretion, unless expressly stated by the Buyer.
The scope of the implementation of the Customization extends to what has been explicitly agreed by the parties.
If the work is suspended at the request of the Buyer, the Client is obliged to pay the immediately due compensation for the Custom Work already carried out and costs incurred at that time upon Cargo Bike Mobility's first request. In addition, Cargo Bike Mobility is entitled to charge the Buyer for all costs arising from the suspension (this also includes reserved hours).
If the execution of the Agreement cannot be resumed after the suspension period, Cargo Bike Mobility is entitled to immediately terminate the Agreement without judicial intervention, by means of a written statement to the Client. In the event of resumption of the performance of the Agreement, the Client is obliged to fully pay all costs incurred by Cargo Bike Mobility resulting from this resumption.
The Buyer is obliged to ensure that all information, data and dimensions required for the execution of the Agreement are made available to Cargo Bike Mobility in a timely manner and in the manner desired by Cargo Bike Mobility;
If the Buyer does not fulfill the obligations stated in this article in a timely manner, Cargo Bike Mobility is entitled to suspend the execution of the Agreement until the Buyer has fulfilled his obligations. The costs associated with the delay incurred and/or the costs for carrying out additional Custom Work or other consequences resulting from this are at the expense and risk of the Buyer.
If the Buyer fails to fulfill its obligations and Cargo Bike Mobility fails to demand performance from the Buyer, this will not affect Cargo Bike Mobility's right to demand performance at a later date.

Article 10 – Additional or reduced work and changes

If during the performance of the Work it appears that the Agreement needs to be adjusted and/or supplemented, or (at the request of the Buyer) further work is required to achieve the Buyer's desired result, the Buyer is obliged to reimburse for this additional work. according to the agreed (hourly) rate, and additional material costs. Cargo Bike Mobility is not obliged to comply with this request and may require the Buyer to conclude an additional Agreement for this purpose.
If a fixed price has been agreed for the work, Cargo Bike Mobility will inform the Buyer about the additional costs or financial consequences of the additional work.
If and insofar as a fixed price has been agreed for the performance of certain work, and the performance of that work leads to additional work that cannot reasonably be expected to be included in the fixed price, or the price must be increased as a result of the incorrect information provided by the Buyer which is important for the price determination (unless Cargo Bike Mobility should have discovered the inaccuracy of the data before determining the price), Cargo Bike Mobility is entitled to charge these costs, after consultation with the Buyer, to be charged to the Buyer.
In the event of hidden defects, or at least unforeseen circumstances, Cargo Bike Mobility is entitled to charge additional costs if these circumstances lead to additional work.
Price changes as a result of changes to the Agreement, or on the basis of legislation and regulations, must be reimbursed by the Buyer.

Article 11 – Repairs and maintenance

If agreed in writing, Cargo Bike Mobility will carry out maintenance and/or repairs. The scope of the maintenance obligation extends to what has been explicitly agreed by the parties. Cargo Bike Mobility will inform the Buyer about all circumstances that may influence (the availability) of the maintenance and/or repair.
The buyer is obliged to report any defects, errors or other defects in writing to Cargo Bike Mobility, after which Cargo Bike Mobility will repair the defects and/or make improvements as soon as possible and to the best of its ability in accordance with its usual procedures.
The buyer is obliged to cooperate with Cargo Bike Mobility upon first request.

Article 12 – Completion of work

If the start, progress or delivery of the work is delayed because, for example, the Buyer has not provided all the requested information or has not provided it in a timely manner, does not provide sufficient cooperation, the (down) payment has not been received on time by Cargo Bike Mobility or due to other circumstances , which are at the expense and risk of the Buyer, Cargo Bike Mobility is entitled to a reasonable extension of the delivery period. All agreed delivery terms are never strict deadlines.
All damage and additional costs resulting from delays due to a cause referred to in paragraph 1 are at the expense and risk of the Buyer and can be charged to the Buyer by Cargo Bike Mobility.
Cargo Bike Mobility makes every effort to complete the work within the agreed period, insofar as this can reasonably be expected of it.
If working days are mentioned, this means all (workable) calendar days with the exception of recognized national holidays and weekends.
After delivery, the work is at the risk of the Buyer. It therefore remains liable for the price, regardless of destruction or deterioration of the work due to a cause that cannot be attributed to Cargo Bike Mobility.
Cargo Bike Mobility is not liable for defects that the Buyer should reasonably have discovered at the time of delivery, except for intent and deliberate recklessness on the part of Cargo Bike Mobility.

Article 13 – Prices

During the validity period of the Offer, the prices of the Products offered will not be increased, except in the event of changes in VAT rates.
The prices stated in the Offer include VAT, unless expressly stated otherwise.
The prices stated in the Offer are based on the cost factors applicable at the time of concluding the Agreement, such as: import and export duties, freight and unloading costs, insurance and any levies and taxes.
If there are Products or raw materials for which there are price fluctuations on the financial market and over which Cargo Bike Mobility has no influence, Cargo Bike Mobility can offer these Products with variable prices. The Offer states that the prices are target prices and may fluctuate.
The buyer cannot derive any rights or expectations from a previously issued estimate, unless the parties have expressly agreed otherwise. If the stated price is a target price, this target price may be adjusted during the execution of the Agreement unless Cargo Bike Mobility has warned the Buyer as early as possible of the likelihood of further exceedance and has given the Buyer the opportunity to limit the work. or simplify. Cargo Bike Mobility will cooperate, within reasonable limits, in the limitation or simplification. This also applies if the price depends on the estimated time for the execution of work.
If between the date of conclusion of the Agreement (or quotation) and its implementation, (cost) price-increasing circumstances arise for Cargo Bike Mobility as a result of legislation and regulations, price changes at third parties or suppliers engaged by Cargo Bike Mobility, or changes in the prices of the required semi-finished products, materials, parts or currency fluctuations, import and export duties (both domestic and abroad), shipping and/or delivery costs, wages, employer contributions and/or (social) premiums, etc., Cargo Bike Mobility is entitled to to increase the agreed price or compensation accordingly and charge it to the Buyer.
If a dispute arises between the parties about the number of hours spent and/or the hours charged, Cargo Bike Mobility's time registration is binding, unless the Buyer can demonstrate otherwise with convincing evidence to the contrary.
If and insofar as additional costs are incurred during the execution of the Agreement and/or there is an increased risk (in the opinion of Cargo Bike Mobility), the Buyer must reimburse an additional cost for this.

Article 14 – Payment and collection policy

Payment should preferably be made in advance in the currency in which the invoice was sent via the indicated method.
The buyer cannot derive any rights or expectations from a previously issued estimate, unless the parties have expressly agreed otherwise.
The buyer must make a lump sum payment to the account number and details of Cargo Bike Mobility made known to it. Parties can only agree on a different payment term after explicit written permission from Cargo Bike Mobility.
If a periodic payment obligation on the part of the Buyer has been agreed, Cargo Bike Mobility is entitled to adjust the applicable prices and rates in writing, taking into account a period of 3 months.
In the event of liquidation, bankruptcy, attachment or suspension of payment of the Buyer, the claims of Cargo Bike Mobility on the Buyer are immediately due and payable.
Cargo Bike Mobility has the right to have payments made by the Buyer firstly deduct the costs, then deduct the accrued interest and finally deduct the principal sum and current interest. Cargo Bike Mobility may, without being in default, refuse an offer of payment if the Buyer designates a different order for the allocation. Cargo Bike Mobility may refuse full repayment of the principal amount if the accrued and current interest as well as the costs are not also paid.
If the Buyer does not meet its payment obligation and has not fulfilled its obligation within the set payment term of 14 days, the Buyer, being a Company, is in default.
From the date that the Buyer is in default, Cargo Bike Mobility will, without further notice of default, claim statutory (commercial) interest from the first day of default until full payment and reimbursement of the extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code, to be calculated in accordance with the scale from the decision on compensation for extrajudicial collection costs of July 1, 2012.
If Cargo Bike Mobility has incurred more or higher costs that are reasonably necessary, these costs are eligible for reimbursement. Any legal and enforcement costs incurred will also be borne by the Buyer.

Article 15 – Retention of title

All goods delivered by Cargo Bike Mobility remain the property of Cargo Bike Mobility until the Buyer has fulfilled all the following obligations under all Agreements concluded with Cargo Bike Mobility.
The buyer is not entitled to pledge or encumber the items subject to the retention of title in any other way if ownership has not yet been fully transferred.
If third parties seize the goods delivered under retention of title or wish to establish or enforce rights thereon, the Buyer is obliged to inform Cargo Bike Mobility of this as soon as can reasonably be expected.
In the event that Cargo Bike Mobility wishes to exercise its ownership rights referred to in this article, the Buyer now gives unconditional and irrevocable consent and authorization to Cargo Bike Mobility or third parties to be designated by it to enter all those places where the properties of Cargo Bike Mobility are located and to help take those things back.
Cargo Bike Mobility has the right to retain the Product(s) purchased by the Buyer if the Buyer has not yet (fully) fulfilled his payment obligations, despite an obligation to transfer or surrender Cargo Bike Mobility. After the Buyer has fulfilled his obligations, Cargo Bike Mobility will make every effort to deliver the purchased Products to the Buyer as quickly as possible, but no later than within 20 working days.
Costs and other (consequential) damage as a result of retaining the purchased Products are at the expense and risk of the Buyer and will be reimbursed to Cargo Bike Mobility by the Buyer upon first request.

Article 16 – Warranty

Cargo Bike Mobility guarantees that the Products comply with the Agreement, the specifications, usability and/or reliability stated in the offer and the legal rules/regulations at the time the Agreement was concluded. This also applies if the goods to be delivered are intended for use abroad and the Buyer has expressly notified Cargo Bike Mobility of this use in writing at the time of entering into the Agreement.
Every guarantee is explicitly agreed in writing. Product warranties never extend beyond what is provided by the manufacturer or what has been explicitly agreed. In the event of a conflict, the warranty as provided by the manufacturer shall prevail. Cargo Bike Mobility is only responsible for having the properties of the product that the buyer could reasonably expect to be present.
Cargo Bike Mobility carries out the work in accordance with the standards applicable in the industry. If any guarantee has been given, it is limited to what has been expressly agreed in writing and only to the extent that the guarantee has been received from the suppliers. During the warranty period, Cargo Bike Mobility guarantees the proper and usual quality of the delivered goods.
The Buyer can only rely on the guarantee given by Cargo Bike Mobility if the Buyer has fully met his payment obligations.
If the Buyer rightly relies on an agreed warranty, Cargo Bike Mobility is obliged to repair or replace the delivered goods free of charge. If there is any additional damage, the applicable liability provisions of these general terms and conditions will be followed.
The warranty becomes void if

(i) the warranty period has expired or the warranty obligation expires.

(ii) as long as the buyer is in default towards Cargo Bike Mobility;

(iii) if the buyer has carried out repair, assembly and/or maintenance work itself, or has had this carried out by third parties;

(iv) in case of exposure to abnormal conditions and use contrary to the instructions for use;

(v) above average wear or tear as a result of exceptional use;

Article 18 – Suspension and dissolution

Cargo Bike Mobility is entitled to suspend the fulfillment of the obligations or to terminate the Agreement if the Buyer does not or does not fully comply with the (payment) obligations under the Agreement.
Furthermore, Cargo Bike Mobility is entitled to terminate the Agreement existing between it and the Buyer, insofar as it has not yet been executed, without judicial intervention, if the Buyer does not timely or properly fulfill the obligations arising from any agreement with Cargo Bike Mobility. concluded Agreement.
Furthermore, Cargo Bike Mobility is entitled to dissolve the Agreement without prior notice of default if circumstances arise that are of such a nature that compliance with the Agreement is impossible or can no longer be required according to standards of reasonableness and fairness, or if other circumstances arise. which are of such a nature that unchanged maintenance of the Agreement cannot reasonably be expected.
If the Agreement is dissolved, Cargo Bike Mobility's claims on the Buyer are immediately due and payable. If Cargo Bike Mobility suspends the fulfillment of its obligations, it retains its claims under the law and the Agreement.
Cargo Bike Mobility always reserves the right to claim damages.

Article 19 – Limitation of liability with regard to product sales

If the execution of the Agreement by Cargo Bike Mobility leads to liability of Cargo Bike Mobility towards the Buyer or third parties, that liability is limited to the costs charged by Cargo Bike Mobility in connection with the Agreement, unless the damage arose due to intent or gross negligence. debt. Cargo Bike Mobility's liability is in any case limited to the maximum amount of damage paid out by the insurance company per event per year.
Cargo Bike Mobility is not liable for consequential damage, indirect damage, loss of profit and/or loss suffered, missed savings and damage resulting from the use of the delivered Products is excluded.
Cargo Bike Mobility is not liable for and/or obliged to repair damage caused by the use of the Product. Cargo Bike Mobility provides strict maintenance and usage instructions that must be adhered to by the Buyer. All damage to Products as a result of use is expressly excluded from liability (this includes traces of use, damage from use, fall damage, light and water damage, theft, loss, etc.).
Cargo Bike Mobility is not liable for damage that is or may be the result of any action or omission as a result of (incomplete and/or incorrect) information on the website(s) or linked websites.
Cargo Bike Mobility is not responsible for errors and/or irregularities in the functionality of the website and is not liable for malfunctions or unavailability of the website for any reason.
Cargo Bike Mobility does not guarantee the correct and complete transmission of the contents of e-mails sent by/on behalf of Cargo Bike Mobility, nor its timely receipt.
All claims by the Buyer due to shortcomings on the part of Cargo Bike Mobility will lapse if they have not been reported in writing and with reasons to Cargo Bike Mobility within one year after the Buyer was aware or could reasonably have been aware of the facts on which it bases its claims. All claims of the Buyer will in any case expire one year after the termination of the Agreement.

Article 20 – Limitation of liability with regard to the work

If the work shows defects after delivery for which Cargo Bike Mobility is (proven) liable, Cargo Bike Mobility must be given the opportunity to remove the defects within a reasonable period, without prejudice to liability for damage resulting from the defective delivery. unless the costs of repair would be out of proportion to the Buyer's interest in repair instead of compensation. Cargo Bike Mobility is not liable for consequential damage in any form, which also includes business damage, loss of profit and/or loss suffered, missed savings and damage due to business stagnation. Cargo Bike Mobility's liability is in any case limited to the maximum amount of damage paid out by the insurance company per claim per year.
The buyer is liable for damage to the work as a result of work carried out or deliveries made by third parties by it or on its instructions. Damage resulting from the use of materials prescribed by the Buyer and/or implementation of a design originating from the Buyer is also entirely at the expense and risk of the Buyer.
Cargo Bike Mobility is not liable for damage that is or may be the result of any action or omission as a result of (incomplete and/or incorrect) information on the website or that of linked websites.
Cargo Bike Mobility does not guarantee the correct and complete transmission of the contents of e-mails sent by or on behalf of Cargo Bike Mobility, nor its timely receipt.
All claims by the Buyer due to shortcomings on the part of Cargo Bike Mobility lapse if they have not been reported in writing and with reasons to Cargo Bike Mobility within one year after the Buyer was aware or could reasonably have been aware of the facts on which it bases its claims. Cargo Bike Mobility's liability expires one year after the end of the agreement between the parties.

Article 21 – Force majeure

Cargo Bike Mobility is not liable if it cannot fulfill its obligations under the Agreement as a result of a force majeure situation, nor can it be held to fulfill any obligation if it is prevented from doing so as a result of a circumstance that cannot be attributable to her fault and is not her responsibility under the law, legal act or generally accepted views.
Force majeure in any case includes, but is not limited to, what is understood in this regard in law and case law, (i) force majeure of suppliers of Cargo Bike Mobility, (ii) failure to properly fulfill obligations of suppliers that the Buyer Cargo Bike Mobility are prescribed or recommended, (iii) defective goods, equipment, software or materials from third parties, (iv) government measures, (v) electricity disruption, (vi) disruption of the internet, data network and telecommunications facilities (for example due to: cybercrime and hacking), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transport problems, (x) strikes in the Cargo Bike Mobility company and (xi) other situations that, in the opinion of Cargo Bike Mobility, are beyond its control falls that temporarily or permanently prevent the fulfillment of its obligations.
Cargo Bike Mobility has the right to invoke force majeure if the circumstance that prevents (further) compliance occurs after Cargo Bike Mobility should have fulfilled its obligation.
Parties may suspend the obligations under the Agreement during the period that the force majeure continues. If this period lasts longer than two months, either party is entitled to terminate the Agreement, without obligation to compensate the other party for damages.
Insofar as Cargo Bike Mobility has already partially fulfilled its obligations under the Agreement at the time of the occurrence of force majeure or will be able to fulfill them, and independent value is attributed to the fulfilled or to be fulfilled part, Cargo Bike Mobility is entitled to the already fulfilled respectively to invoice separately for the part to be fulfilled. The Buyer is obliged to pay this invoice as if it were a separate Agreement.

Article 22 – Risk transfer

The risk of loss or damage to the Products that are the subject of the Agreement passes to the Buyer, being a company, at the moment the goods leave the Cargo Bike Mobility warehouse.
With regard to Work, the above-mentioned risk passes at the time when the work is brought under the control of the Buyer after installation, repair or maintenance by Cargo Bike Mobility

Article 23 – Privacy, data processing and security

Cargo Bike Mobility handles the (personal) data of the Buyer and visitors to the website(s) with care. If requested, Cargo Bike Mobility will inform the person concerned about this.
If Cargo Bike Mobility must provide information security under the Agreement, this security will comply with the specifications agreed and a security level that is not appropriate given the state of the art, the sensitivity of the data, and the associated costs. is unreasonable.

Article 24 – Complaints

If the Buyer is not satisfied with the Cargo Bike Mobility Products and/or has complaints about the (execution of the) Agreement, the Buyer is obliged to address these complaints as soon as possible, but no later than within 14 calendar days after the relevant reason that led to the complaint. to report. Complaints can be reported via “CompanyEmail” with the subject “Complaint”.
The complaint must be sufficiently substantiated and/or explained by the Buyer for Cargo Bike Mobility to be able to process the complaint.
Cargo Bike Mobility will respond substantively to the complaint as soon as possible, but no later than 14 calendar days after receipt of the complaint.
The parties will try to find a solution together.

Article 25 – Applicable law

Dutch law applies to every Agreement between Cargo Bike Mobility and the Buyer. The applicability of the (CISG) Vienna Sales Convention is expressly excluded.
In the event of an explanation of the content and scope of these general terms and conditions, the Dutch text is always decisive. Cargo Bike Mobility has the right to unilaterally change these general terms and conditions.
All disputes arising from or in connection with the Agreement between Cargo Bike Mobility and the Buyer will be settled by the competent court of the North Holland District Court unless mandatory law provisions lead to the jurisdiction of another court.

Uitgeest, October 27, 2023