QONQER GENERAL TERMS AND CONDITIONS OF PURCHASE (version 9 November 2020)1. DEFINITIONS
1.1. In these General Terms and Conditions, the capitalised terms below are defined as follows:
1.1.1. The ‘General Terms and Conditions’ are the present general terms and conditions of QonQer;
1.1.2. ‘Consumer’ means the natural person who is acting for purposes which are outside his/her trade, business or profession;
1.1.3. The ‘E-bike’ is the e-bike of the QonQer brand purchased by the Customer under the Agreement, including any accessories and maintenance packages;
1.1.4. The ‘Customer’ is a person of legal capacity of 18 years or older who purchases an E-bike from QonQer. Minors of 12 years and older can become Customers and purchase an E-bike with the written consent of their parent or guardian;
1.1.5. The ‘Price’ is the agreed price for the E-bike;
1.1.6 The ‘Agreement’ is the agreement concluded between QonQer and the Customer concerning the purchase of the E-bike;
1.1.7. ‘QonQer’ is QONQER B.V., having its registered office at Pazzanistraat 41, 1014 DB Amsterdam, registered in the register of the Chamber of Commerce under number 74883518, telephone: + 31 20 705 2355, email: info@QonQer.nl, VAT ID: NL860061292B0;
1.1.8. ‘Store’ means an E-bike specialist shop, test site or other location designated by QonQer; and
1.1.9. ‘Website’ is the website accessible via www.QonQer.nl, where the Customer can apply for an E-bike and visit his/her personal area.
1.2. To the extent required by the circumstances, the terms used in these General Terms and Conditions in the singular also include the plural and vice versa.2. CONCLUSION OF AGREEMENT
2.1. These General Terms and Conditions are applicable to and form part of every offer made by QonQer to the Customer and every Agreement concluded between the Customer and QonQer. Insofar as any provision in the Agreement deviates from the General Terms and Conditions, the provision in the Agreement shall prevail. QonQer expressly rejects any general terms and conditions used by the Customer.
2.2. A Customer applies for an E-bike through the Website or in a Store. This is seen as an invitation to QonQer to make an offer.
2.3. If QonQer wishes to enter into an Agreement, QonQer will offer the Customer an E-bike at a certain price, stating an indicative delivery period. This period is based on circumstances known to QonQer at the time of concluding the Agreement and, to the extent that it depends on the performance of third parties, on information provided by third parties to QonQer.
2.4. The Agreement is concluded when:
2.4.1. the Customer has accepted the General Terms and Conditions, and
2.4.2. the Customer has paid the Price, including any additional costs, or has made a down payment on it, by one of the offered payment methods.
2.5. If Articles 2.4.1 and 2.4.2 have been fulfilled, QonQer will confirm the order to the email address provided by the Customer. This confirmation states when the Customer will receive more information about the exact time of delivery and how the Customer can track the delivery. The invoice for the bicycle will be attached to the confirmation email. Even if the Customer has bought the E-bike in a Store, the Customer will be informed by email.
2.6. Amendments to the Agreement are only effective if and insofar as they have been agreed upon in writing between QonQer and the Customer.
2.7. During the registration process, the Customer creates a password that grants access to confidential information and functionalities on the Website. The Customer undertakes to keep the login data strictly confidential and inaccessible to third parties.
3.1. The E-bike will be delivered to the Customer at a store specified by QonQer or at the address given by the Customer.
3.2. The delivery period stated by QonQer is not a deadline. The delivery period may exceed thirty days after the conclusion of the Agreement.
3.3. If for any reason the Customer does not take possession of the E-bike, QonQer will, if storage facilities allow, store the E-bike at the request of the Customer for a maximum of two months. In this case, a storage fee of € 25 per week (including partial weeks) will be charged. After this, delivery will be made in accordance with Article 3.1. If the Customer fails to take delivery of the E-bike again, QonQer will be entitled to dissolve the Agreement immediately and without prior notice of default. In such cases, the Customer will not be entitled to a refund of the Price or the down payment.
3.4. The risk of the E-bike passes to the Customer at the moment of delivery in accordance with this Article 3.
4. TRANSFER OF OWNERSHIP
4.1. Without prejudice to the provisions in Article 4.2, the risk of the E-bike passes to the Customer at the time of delivery in accordance with this Article 3.
4.2. Until such a time as the Customer has paid the full Price, including any other additional costs, QonQer will retain title to the E-bike. In such cases, the title will pass to the Customer as soon as the Customer has fulfilled all his or her obligations towards QonQer.
5.1. QonQer undertakes towards the Customer to deliver the E-bike as described in the Agreement.
5.2. QonQer does not guarantee that the E-bike is suitable for any purpose other than normal use (e.g. stunts, package delivery). This also applies if this other purpose has been made known to QonQer.
6. INSPECTION BY CUSTOMER AND REPORTING DEFECTS
6.1. The Customer shall inspect the bicycle as soon as possible after delivery. Any defects must be reported to QonQer by email within a reasonable period of time after the Customer discovers or should reasonably have discovered the defect. For a Consumer, this means that the defect must be reported within two months of its discovery.
7. PRICE AND PAYMENT
7.1. All prices quoted by QonQer are in euros and inclusive of VAT.
7.2. The Customer shall pay the Price by the payment method chosen during the registration process.
8.1. The frame and all original components of the E-bike are guaranteed for normal use for a period of two years from the date of delivery.
8.2. This warranty is limited to the replacement of a defective frame or part and is the sole remedy under this warranty.
8.3. This warranty is personal to the Customer and is not transferable.
8.4. A claim under the warranty must be made in a Store, so that an employee can assess the defect. The Customer must be able to present the invoice for the purchase of the E-bike.
8.5. This guarantee does not cover defects or damage resulting from: normal wear and tear, incorrect assembly by a party other than QonQer, maintenance carried out by a party other than a Store, modifications made by the Customer (or a third party) to the frame or the parts, accessories fitted to the E-bike by the Customer (or a third party).
8.6. This warranty does not apply to damage or defects resulting from traffic accident(s), improper use of the E-bike, or carelessness, intent or gross negligence of the Customer.
8.7. This warranty does not limit a Consumer’s statutory rights.
9.1. If available in the region where the Customer lives, the Customer can take out a maintenance subscription for the E-Bike.
9.2. The Customer may take out this maintenance subscription either when concluding the Agreement or at a later date. The maintenance subscription specifies the activities covered by the subscription, the annual costs and the Store to which the Customer can take the E-bike for maintenance. The Customer shall take the E-bike to the Store for maintenance at his/her own expense. The Customer can also order the product RETURN TO SENDER via the website, in which case QonQer will arrange transport to and from a Store.
9.3. The maintenance subscription will be automatically renewed, unless the Customer has given notice by email, with a month’s notice.
9.4. The Customer irrevocably authorises QonQer, or in the event of a transfer of the claim as referred to in Article 9.5, the party that has taken over the claim, by means of a SEPA authorisation, to collect all amounts due for the maintenance subscription at the expense of the Customer.
9.5. QonQer reserves the right to transfer its claims against the Customer under the Agreement and/or these General Terms and Conditions to a third party.
10.1. The use of the E-bike is at the Customer’s own risk. QonQer is not liable for any damage suffered by the Customer as a result of the use of the E-bike.
10.2. QonQer is not liable for any damage suffered by the Customer as a result of a defect in the E-bike, except in the case of intent or deliberate recklessness on the part of QonQer. QonQer will never be liable for an amount greater than the Price paid by the Customer.
11. FORCE MAJEURE
11.1. In the event of force majeure, QonQer is not obliged to fulfil any obligation under the Agreement and/or the General Terms and Conditions. A force majeure situation is deemed to exist, among other things, if QonQer cannot fulfil its obligations due to a pandemic, fire, water damage, frost, flooding, strikes, government measures and/or changes to applicable laws or regulations.
12.1. QonQer may store and process personal and other data of the Customer and make offers and personalised offers to the Customer on the basis of the personal and other data known to it.
13. RIGHT OF WITHDRAWAL FOR INTERNET ORDERS
13.1. If the Customer is a Consumer and buys the E-bike online, the Customer has the right to withdraw from the Agreement without giving reasons within 14 days in accordance with this Article 13.
13.2. The period of 14 days starts on the day after the Customer has taken delivery of the E-bike in accordance with Article 3.
13.3. During the cooling-off period, the Customer will handle the E-bike and its packaging with care. He or she shall only use the E-bike to the extent necessary to establish the nature, characteristics and functioning of the product. The principle in this context is that the Customer may only handle and inspect the E-bike as he or she would be allowed to do in a shop. The Customer is liable for any reduction in value of the E-bike resulting from a manner of handling the E-bike that goes beyond what is mentioned here.
13.4. In order to make use of the right of withdrawal, the Customer must inform QonQer unequivocally of his/her wish to withdraw from the Agreement. If the Customer wishes to do so, he/she can use the withdrawal form that was made available to the Customer when the Agreement was concluded and/or that can be found on the Website.
13.5. If the Customer withdraws from the Agreement:
18.104.22.168. the Customer will receive a refund of the payment already made to QonQer. QonQer will refund this amount within 14 days after the Customer has notified QonQer of the withdrawal, but not before QonQer has received the E-bike again in accordance with Article 22.214.171.124. Payment shall be made by the same means with which the Customer made the original transaction, unless the Customer has expressly agreed to a different method of payment;
126.96.36.199. The Customer will return the E-bike to QonQer at his/her own expense and within 14 days after the withdrawal, by handing it in to a Store with all the accessories and the original packaging. The Customer may also choose to order a RETURN TO SENDER within 14 days through the Website to have the e-bike collected by QonQer.
188.8.131.52. if the Customer has used the E-bike during the withdrawal period, the Customer will pay to QonQer an amount equal to the following. QonQer may set off this amount against any amount it owes to the Customer.
< than 20 kilometres € 0
> 20 kilometres and < 100 kilometres € 90
> 100 kilometres € 150
184.108.40.206. If it appears that the E-bike has paint damage or other damage after receipt by QonQer, QonQer is entitled to pass this damage on to the Customer and to offset it against any amount it owes to the Customer.
14. FINAL PROVISIONS
14.1. Unless stated otherwise, all notifications that the Customer wishes to make to QonQer or must make according to the Agreement and/or the General Terms and Conditions, can be made in writing, by telephone or by email via the contact details as stated in the preamble under 1.1.7 of these General Terms and Conditions and on the Website. This also applies to any complaints.
14.2. If one or more provisions of these General Terms and Conditions are found to be invalid, unlawful, unreasonably onerous or otherwise unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected.
14.3. The Customer consents to information about the Agreement and/or the General Terms and Conditions being sent only in electronic form, for example by email to the email address used for registration.
14.4. This Agreement and these General Terms and Conditions are governed exclusively by Dutch law. Applicability of the United Nations Convention on Contracts for the International Sale of Goods, Vienna, 11/4/1980 (Vienna Sales Convention) is excluded.
14.5. All disputes that may arise in connection with the Agreement and/or the General Terms and Conditions, or any other legal relationship arising therefrom between QonQer and the Customer, will be settled by the competent court of the Amsterdam District Court.
14.6. Insofar as QonQer must incur extrajudicial collection costs, these will be estimated at 15% of the principal sum, unless the Customer is a Consumer, in which case these will be calculated on the basis of the Extrajudicial Collection Costs (Standards) Act and the accompanying Decree.
14.7. Rights of the Customer arising from the Agreement or these General Terms and Conditions cannot be transferred without the prior written permission from QonQer. This provision shall be deemed to be a clause having effect under property law as referred to in Section 83(2) of Book 3 of the Dutch Civil Code.
Version 9 November 2020