General terms and conditions
1. General
1.1 These general terms and conditions apply to all offers from Cycle Center 53-11 BV. The terms and conditions are publicly available and can be found on the Cycle Center 53-11 BV website. We will send you a written copy upon request.
1.2 By placing an order, you agree to the terms of delivery and payment. Cycle Center 53-11 BV reserves the right to change its terms of delivery and/or payment after the expiration of the term.
1.3 Unless otherwise agreed in writing, general or specific terms or conditions of third parties will not be accepted by Cycle Center 53-11 BV recognized.
1.4 Cycle Center 53-11 BV guarantees that the delivered product complies with the agreement and meets the specifications stated in the offer.
2. Delivery
2.1 Delivery will take place while stocks last.
2.2 In accordance with distance selling regulations , Cycle Center 53-11 BV will ship orders as quickly as possible, often the same day if ordered before the specified time. Cycle Center 53-11 BV is dependent on its suppliers and PostNL and will ship within at least thirty days. If this is not possible (because the order is out of stock or no longer available), or if there is a delay for other reasons, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will receive notification within one month of placing the order, and in that case, they have the right to cancel the order without charge and without notice of default.
2.3 The delivery obligation of Cycle Center 53-11 BV will be fulfilled, unless proven otherwise, as soon as the goods delivered by Cycle Center 53-11 BV Delivered goods have been offered to the customer once. In the case of home delivery, the carrier's report, containing the refusal of acceptance, serves as full proof of the offer of delivery.
2.4 All delivery dates stated on the website are indicative. Therefore, no rights can be derived from these dates.
3. Prices
3.1 All prices on the website are subject to printing and typographical errors. We accept no liability for the consequences of printing and typographical errors.
3.2 All prices on the site are in EURO and include 9% or 21% VAT.
4. Inspection period / right of withdrawal
4.1 In the case of a consumer purchase, in accordance with the Distance Selling Act (Article 7:5 of the Dutch Civil Code), the buyer has the right to return (part of) the delivered goods within 7 business days without giving a reason. This period begins when the ordered goods are delivered. If the buyer does not return the delivered goods to Cycle Center 53-11 BV after this period, If the purchaser has returned the goods after written notification to Cycle Center 53-11 BV , the purchase is final. Before returning the goods, the purchaser is obliged to notify Cycle Center 53-11 BV in writing within 7 business days of delivery. The purchaser must prove that the delivered goods were returned on time, for example by means of proof of postal delivery. The goods must be returned in the original packaging (including accessories and accompanying documentation) and in new condition. If the goods have been used, encumbered or damaged in any way by the purchaser, the right of withdrawal as referred to in this clause shall lapse. Subject to the provisions of the previous sentence, Cycle Center 53-11 BV will ensure that the full purchase price is refunded to the purchaser within 30 days of receipt of the return shipment. The return of the delivered goods is entirely at the expense and risk of the purchaser.
4.2 The right of withdrawal does not apply to:
· services whose performance, with the consumer's consent, has begun before the seven working day period
· goods or services whose price is subject to fluctuations on the financial market over which the supplier has no influence
· goods that have been manufactured according to consumer specifications, for example custom work, or that have a clearly personal character
· for goods or services that cannot be returned by their nature, for example for reasons of hygiene or that can spoil or become obsolete quickly
4.3 Regarding the sports bracelets:
4.3.1 Regarding sports armbands – use: A sports armband should be used with caution. Tighten the sports armband carefully, but certainly not too tight. Standard fabric sports armbands are stronger than the more luxurious neoprene sports armbands. Neoprene is an elastic material that provides a lot of comfort but can tear. Experience shows that a sports armband does not need to be as tight as most users think.
Just like watch straps, some sports bracelets are stronger than others. Just as a nylon watch strap is stronger than a rubber one, this regular fabric sports bracelet from the webshop is stronger than the neoprene one. However, sports bracelets are more susceptible to breaking/tearing than a watch strap. The advantage of these fine, soft fabrics is that they are more comfortable than rubber, but the disadvantage is that they are less durable. Therefore, putting on and securing the sports bracelet must be done carefully to prevent damage/tearing of the strap against the fabric.
A standard fabric sports armband is thicker/stiffer than a neoprene sports armband and can therefore withstand more tension than a more luxurious neoprene sports armband. However, all sports armbands should be put on with care, and tightening the band, especially the neoprene sports armband, requires more care. Before each use, check the seams and stitching for damage or tears to ensure optimal use. Please contact us if you have any questions.
4.3.2 Regarding the sports bracelets – water resistance: A sports bracelet is not Waterproof. Rain and/or sweat can cause moisture to get onto and into the phone. This can cause damage that is not covered by insurance. Inserting a phone that is too large into the armband can tear the armband, causing the phone to fall and become damaged. If you have even the slightest doubt, please contact us to request a replacement. Reimbursement for damage and other consequential damages is excluded at all times.
4.4 Regarding the headphones – Headphones make it harder to hear traffic, so we advise against wearing them in traffic.
4.4 Regarding compression stockings – Compression stockings do not replace medical advice from a doctor and we always advise you to consult a doctor in case of pain and/or complaints.
4.5 Regarding reflective products – With a reflective product, another road user may still overlook the person wearing it, potentially causing accidents. We recommend wearing these only in pedestrian areas and not on bicycle paths, highways, or other areas where cars, mopeds, and/or cyclists are present.
4.5 Regarding sports nutrition – Before using sports nutrition products such as gels, bars, and energy drinks, consult a sports nutritionist regarding their proper use. We also recommend consulting a doctor beforehand to determine whether these products are advisable in your specific situation.
4.6 Regarding all products Exercising with store-bought products does not eliminate the need to discuss with your doctor whether exercising is advisable in your specific situation. We always recommend consulting a doctor before exercising.
5. Data management
5.1 Your data is held by Cycle Center 53-11 BV in good hands and handled with care.
6. Warranty
6.1 Cycle Center 53-11 BV guarantees that the products it supplies meet the requirements of usability, reliability, and lifespan as reasonably intended by the parties to the purchase agreement, and therefore guarantees the manufacturer's warranty for the product supplied to you.
6.2 The warranty period of Cycle Center 53-11 BV corresponds to the manufacturer's warranty period. Cycle Center 53-11 BV is, however, never responsible for the ultimate suitability of the products for each individual application by the purchaser, nor for any advice regarding the use or application of the products.
6.3 The buyer is obligated to immediately inspect the delivered goods upon receipt. If it appears that the delivered item is incorrect, defective, or incomplete, the buyer must (before returning it to Cycle Center 53-11 BV) ) immediately report these defects in writing to Cycle Center 53-11 BV Any defects or incorrectly delivered goods must and can be reported to Cycle Center 53-11 BV no later than 1 month after delivery. must be reported in writing. Returns must be made in the original packaging (including accessories and accompanying documentation) and in new condition. Use after discovery of a defect, damage occurring after discovery of a defect, encumberment and/or resale after discovery of a defect, will void the right to make a complaint and return.
6.4 If complaints from the purchaser are handled by Cycle Center 53-11 BV if it is found to be justified, Cycle Center 53-11 BV will at its discretion either replace the delivered goods free of charge or make a written arrangement with the purchaser regarding compensation, with the understanding that the liability of Cycle Center 53-11 BV and therefore the amount of compensation is always limited to a maximum of the invoice amount of the items in question. Any liability of Cycle Center 53-11 BV any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential damage or damage due to lost profits.
6.5 Cycle Center 53-11 BV is not liable for damage caused intentionally or by gross negligence of non-managerial staff.
6.6 This warranty does not apply if: A) and as long as the purchaser has no liability towards Cycle Center 53-11 BV is in default; B) the buyer has repaired and/or modified the delivered goods themselves or has had them repaired and/or modified by third parties. C) the delivered goods have been exposed to abnormal conditions or are otherwise handled carelessly or contrary to the instructions of Cycle Center 53-11 BV. and/or instructions for use on the packaging; D) the defect is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used;
7. Offers
7.1 Offers are without obligation, unless otherwise stated in the offer.
7.2 If the buyer accepts a non-binding offer, Cycle Center 53-11 BV reserves the right reserves the right to revoke or deviate from the offer within 3 working days of receipt of such acceptance.
7.3 Oral commitments bind Cycle Center 53-11 BV only after these have been expressly confirmed in writing.
7.4 Offers from Cycle Center 53-11 BV do not automatically apply to repeat orders.
7.5 Cycle Center 53-11 BV cannot be held to its offer if the buyer should have understood that the offer, or a part thereof, contained an obvious error or mistake.
7.6 Additions, amendments and/or further agreements are only valid if agreed in writing.
8. Agreement
8.1 An agreement between Cycle Center 53-11 BV and a customer is established after an order has been placed by Cycle Center 53-11 BV has been assessed for feasibility.
8.2 Cycle Center 53-11 BV reserves the right to refuse orders or assignments without stating reasons or to accept them only on the condition that shipment is made cash on delivery or after prepayment.
9. Images and specifications
9.1 All images; photos, drawings, etc.; including data regarding weights, dimensions, colors, images of labels, etc. on the Cycle Center 53-11 BV website. are only approximate, are indicative and cannot give rise to compensation or termination of the agreement.
10. Force Majeure
10.1 Cycle Center 53-11 BV is not liable if and to the extent that its obligations cannot be fulfilled as a result of force majeure.
10.2 Force majeure means any external cause, as well as any circumstance that cannot reasonably be considered its risk. This includes delays or non-performance by our suppliers, internet disruptions, power outages, email disruptions, and disruptions or changes to technology provided by third parties, transportation difficulties, strikes, government measures, supply delays, and negligence by suppliers and/or manufacturers of Cycle Center 53-11 BV. as well as of assistants, illness of personnel, defects in auxiliary equipment or means of transport are expressly considered force majeure.
10.3 Cycle Center 53-11 BV In the event of force majeure, Cycle Center 53-11 BV reserves the right to suspend its obligations and is also entitled to terminate the agreement in whole or in part, or to demand that the content of the agreement be amended in such a way that execution remains possible. Under no circumstances will Cycle Center 53-11 BV obliged to pay any fine or damages.
10.4 If Cycle Center 53-11 BV If, upon the occurrence of force majeure, the customer has already partially fulfilled its obligations, or can only partially fulfill its obligations, it is entitled to invoice separately for the part already delivered or the part that can be delivered, and the buyer is obligated to pay this invoice as if it were a separate contract. This does not apply, however, if the part already delivered or the part that can be delivered has no independent value.
11. Liability
11.1 Cycle Center 53-11 BV is not liable for damage to vehicles or other objects caused by improper use of the products. Before use, read the instructions on the packaging and/or consult our website.
11.2 Use of a sports armband is always at your own risk. The purchaser is responsible for any risk of dropping the phone. You should always check the condition of the sports armband before use and, if in doubt, contact this webshop.
11.3 Use of the armband during competitions is not recommended because bumping, stealing, and hectic activity can compromise the safety of your phone. Therefore, the sports armband is not suitable for these situations.
12. Retention of title
12.1 Ownership of all Cycle Center 53-11 BV Items sold and delivered to the buyer remain with Cycle Center 53-11 BV as long as the buyer does not pay the claims of Cycle Center 53-11 BV under the agreement or previous or subsequent similar agreements, as long as the buyer has not yet paid for the work performed or yet to be performed under this or similar agreements and as long as the buyer has not fulfilled the claims of Cycle Center 53-11 BV has not yet fulfilled any claims due to failure to comply with such obligations, including claims for fines, interest and costs, all as referred to in Article 3:92 of the Dutch Civil Code.
12.2 The Cycle Center 53-11 BV Delivered goods subject to retention of title may only be resold in the course of normal business operations and may never be used as a means of payment.
12.3 The purchaser is not authorised to pledge or otherwise encumber the items subject to the retention of title.
12.4 The purchaser hereby gives unconditional and irrevocable permission to Cycle Center 53-11 BV or by Cycle Center 53-11 BV to appoint a third party to, in all cases in which Cycle Center 53-11 BV wishes to exercise her ownership rights, to enter all places where her properties may be located and to take those things with her.
12.5 If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereto, the purchaser is obliged to inform Cycle Center 53-11 BV to inform you of this as soon as can reasonably be expected.
12.6 The purchaser undertakes to insure and keep insured the goods delivered under retention of title against fire, explosion and water damage as well as against theft and to make the policy of this insurance available for inspection to Cycle Center 53-11 BV upon first request. .
13. Applicable law/competent court
13.1 Dutch law applies to all agreements.