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General sales conditions
Article 1. Definitions
1.1.
In these general terms and conditions, the following terms are used in the following meaning, unless expressly stated otherwise or the context indicates otherwise:
a. Lindtbergh: the user of these general terms and conditions: Lindtbergh BV located at Cardanuslaan in Doorwerth, registered with the Chamber of Commerce under Chamber of Commerce number 82541218
b. agreement: any agreement between the customer and Lindtbergh
c. customer: the natural person or legal entity who enters into an agreement with Lindtbergh
d. consumer: the customer being a natural person who is not acting in the exercise of his profession or business
e. bicycle: the electric bicycle supplied by Lindtbergh
f. accessory: the product, other than a bicycle, that is supplied by Lindtbergh
g. product: any product, such as bicycle or bicycle accessory, that is supplied by Lindtbergh
h. custom product: the product that is manufactured based on customer specifications, that is not prefabricated and that is made on the basis of individual choices and/or decisions of the customer
j. website: the website https://lindtbergh.com which is managed by Lindtbergh and where products can be ordered.
Article 2. General
2.1.
These conditions form part of all agreements between Lindtbergh and the customer.
2.2.
Deviations from these general terms and conditions are only valid if they have been confirmed in writing or by e-mail by Lindtbergh.
2.3.
By agreeing to these terms and conditions, the customer agrees to communicate with the customer via email.
2.4.
If one or more of the provisions in these general terms and conditions are void or annulled, the other provisions of these general terms and conditions remain fully applicable. The void or voided provisions will be replaced by Lindtbergh, taking into account the purpose and intent of the original provision(s) as much as possible.
2.5.
Lindtbergh has the right to change these general terms and conditions. The version of the general terms and conditions that applied at the time the agreement was concluded always applies.
Article 3. Offer and conclusion of the agreement
3.1.
Every offer from Lindtbergh is without obligation.
3.2.
Obvious errors and mistakes on the website do not bind Lindtbergh.
3.3.
Lindtbergh has the right to adjust prices and promotions.
3.4.
The agreement is concluded when:
a. the customer has signed the digital agreement. Lindtbergh will provide the customer with a copy of the agreement by e-mail
b. the customer has signed a paper purchase order. The customer receives a copy of the signed purchase order
c. the customer has successfully placed an order via the website. The customer will receive a confirmation of the order via e-mail. If the customer has not received this confirmation email, the customer must contact Lindtbergh.
Article 4. Use of the bicycle
4.1.
The bicycle is built to be used on a public and paved road.
4.2.
After discovering a defect in the bicycle, the bicycle may no longer be used, unless the defect is so minor that the use of the bicycle does not entail any risk of danger or accidents or that further use of the bicycle does not entails or may entail consequential damage or additional damage to the bicycle.
Article 5. Complaints
5.1.
Complaints must only be submitted in writing to Lindtbergh BV, Cardanuslaan 25, 6865 HJ PG Doorwerth or by email to support@lindtbergh.com. Lindtbergh aims to provide an initial substantive response within 14 days.
5.2.
If a complaint requires a foreseeably longer processing time, Lindtbergh will respond within 14 days with an acknowledgment of receipt and an indication of when the customer can expect a more detailed answer.
Article 6. Payment
6.1.
Invoicing takes place in advance or, if expressly agreed by the parties, in installments.
6.2.
The payment options for the order placed via the website are clearly stated on the website. Appropriate measures have been taken to ensure that electronic payment via the website is secure.
6.3.
If the payment term is exceeded, the customer owes statutory commercial interest, in accordance with Article 6:119a of the Dutch Civil Code, from the date on which the amount due became due until the time of payment. The consumer owes the statutory interest in accordance with Article 6:119 of the Dutch Civil Code from the moment the consumer is in default. In addition, all collection costs after the customer is in default, both judicial and extrajudicial, will be borne by the customer. The extrajudicial collection costs are set at 15% of the principal amount with a minimum of € 100. For a consumer, the extrajudicial collection costs are determined in accordance with the Collection Costs Act.
6.4.
Every payment by the customer first serves to settle the interest(s) due and subsequently to pay the costs associated with the collection. Only after payment of these amounts will any payment by the customer serve to settle the outstanding principal amount.
Article 7. Delivery
7.1.
The .amount of the shipping costs for the order placed via the website will be communicated to the customer via the website before or upon conclusion of the agreement.
7.2.
Delivery week means the delivery week stated in the agreement. This delivery week is deemed to have been agreed approximately.
7.3.
If the bicycle has been ordered via the website, the customer will receive a message by email when the bicycle will be delivered.
7.4.
The accessory ordered via the website will be delivered via DPD or another parcel delivery service. After shipment, the customer will receive a shipping confirmation via email. This contains a link with which the customer can track the package with his order.
7.5.
The delivery times for the products stated on the website are indicative and cannot be regarded as strict deadlines.
7.6.
If Lindtbergh is no longer able to deliver the agreed bicycle, Lindtbergh is obliged, provided Lindtbergh can reasonably meet this obligation, to offer or deliver equivalent alternatives. This is determined in consultation with the customer.
7.7.
If the product is delivered, the risk of the product passes to the customer when the product is delivered.
Article 8. Right of withdrawal
8.1.
If the agreement was concluded outside the experience center or via the website, the consumer has the right to terminate the agreement for 30 days without giving reasons. This period starts from the moment the consumer has received the entire order from Lindtbergh. The consumer is provided with the “Model withdrawal form” that the consumer can use if he wishes to terminate the agreement, but the consumer is not obliged to do so.
8.2.
During the withdrawal period, the consumer will handle the product with care.
8.3.
To conclude the agreement that was not concluded via the website, the consumer has taken a test ride on a demo bicycle that is the same as the bicycle that was delivered to the consumer. If the consumer wants to invoke his right of withdrawal, it is not permitted to have cycled on public roads.
8.4.
If the consumer wishes to exercise his right of withdrawal, the consumer must expressly inform Lindtbergh of this within 14 days of receipt of the entire order.
8.5.
If the consumer informs Lindtbergh electronically that he is invoking his right of withdrawal, Lindtbergh will send the consumer a confirmation of receipt after receiving this notification.
8.6.
After the consumer has invoked his right of withdrawal, the consumer must return the product to Lindtbergh within 14 days, provided it is unused, undamaged and unchanged and in the original packaging.
8.7.
The product must be returned to: Lindtbergh BV Cardanuslaan 25, 6865 HJ Doorwerth, unless parties agree otherwise.
8.8.
If the consumer terminates the agreement in accordance with this article, the shipping costs associated with returning the product will be borne by the consumer.
8.9.
If the dissolved agreement concerns a bicycle and the bicycle is collected by Lindtbergh at the request of the consumer, the costs for collection are € 75.00 per bicycle, unless parties agree otherwise.
8.10.
The risk of return shipment rests with the consumer, unless Lindtbergh collects the bicycle.
8.11.
Does the consumer make use of his right of withdrawal and it appears:
a. from the mileage of the bicycle that the consumer has used the bicycle in violation of Article 8.3;
b. that the product is damaged;
c. that the product is incomplete, this damage will be deducted from the amount that Lindtbergh refunds to the consumer in accordance with Article 8.13.
8.12.
If Article 8.11 sub a applies, Lindtbergh can only sell the returned bicycle as a second-hand bicycle and the damage suffered by Lindtbergh will be calculated as follows: The price charged to the consumer for the bicycle minus the amount charged by Lindtbergh determine the second-hand sales price of the bicycle.
8.13.
In the event of dissolution as described in this article, Lindtbergh will refund monies already paid within 14 days after Lindtbergh has received the product. Lindtbergh will reimburse the consumer using the same payment method with which the consumer performed the original transaction, unless the consumer has expressly agreed otherwise. No costs will be charged for the refund.
8.14.
The right of withdrawal as described in this article expressly does not apply to the customer who is not a consumer. The right of withdrawal as described in this article expressly does not apply to agreements concluded in an experience center.
8.15.
Based on the legal exception, the right of withdrawal does not apply to the delivered customized product, such as, but certainly not limited to, a delivered S frame. If the right of withdrawal does not apply because it concerns a custom-made product, the consumer will be informed of this by Lindtbergh before or at the conclusion of the agreement.
8.16.
A product ordered via the website cannot be exchanged for another product. If the consumer invokes the right of withdrawal and wishes to exchange the product, he must invoke his right of withdrawal in accordance with this article and then place a new order, unless otherwise agreed.
Article 9. Conformity and inspection and warranty
9.1.
Lindtbergh guarantees that the delivered product complies with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations in force on the date of the conclusion of the agreement.
9.2.
The customer is obliged to immediately upon receipt examine whether the delivered product complies with the agreement and, if requested, to sign a statement regarding the condition in which the product was received.
9.3.
Defects in the product that can demonstrably be traced back to a material and/or production error will be repaired by Lindtbergh free of charge if the defects are reported to Lindtbergh in a timely manner after discovery.
9.4.
The term of the warranty on accessories varies per product. The duration of the warranty is stated in the product description of the accessory on the website.
9.5.
Unless expressly agreed otherwise in writing, the following warranties apply to delivered new bicycles: 10 years on the frame, 2 years on the front fork (with suspension), 2 years on the drive system, 2 years on the battery pack (provided the storage conditions have been met, usage and loading instructions), 2 years on the control unit and 2 years on all other parts except those subject to wear.
9.6.
In addition to the 10-year warranty period on the frame, 2022 models with a 36-volt battery purchased after November 1, 2021 also have a 3-year warranty period on the rest of the bicycle, with the exception of parts that are subject to wear and tear.
9.7.
Parts subject to wear include: tires, saddle, chain, chainrings, sprockets, cables, pedals and brake pads.
9.8.
The decision whether a particular part of the bicycle is covered by the warranty rests with Lindtbergh.
9.9.
If the warranty claim regarding a bicycle is accepted by Lindtbergh, a part will be replaced or repaired at home or by a Lindtbergh service partner. Parts that are subject to wear and tear will be charged to the customer.
9.10.
The guarantees as described in Articles 9.5 and 9.6 commence at the time of delivery of the bicycle.
9.11.
The guarantees as described in articles 9.5 and 9.6 are personal, non-transferable and expire upon transfer of ownership of the bicycle.
9.12.
The warranty claim will not be accepted by Lindtbergh if defects in the product are caused by:
a. normal wear and tear;
b. the customer not (sufficiently) ensuring correct and regular maintenance in accordance with the applicable regulations, a copy of which was provided to the customer upon delivery;
c. sharp objects, pets, accidents or slips;
d. from external circumstances such as: natural disasters, explosions, terrorism, cleaning agents, water, dirt accumulation, landslides, floods, weather conditions, road conditions, road salt and gravel;
e. use of the product contrary to the purpose for which the product was built or manufactured, with the instructions for use or with the user manual and the technical specifications;
f. repairs or interventions carried out by persons not designated in writing by Lindtbergh.
9.13.
The warranty does not cover the reimbursement of costs for replacement transport, travel costs or the costs of moving the bicycle to the workshop where the repair work is carried out and for sending parts. Lindtbergh may charge costs for this.
9.14.
If the customer has defects in the product repaired by a third party without the prior consent of Lindtbergh, the costs will not be reimbursed by Lindtbergh.
9.15.
Carrying out repair work does not extend the warranty period.
9.16.
A claim under the warranty must be made in writing, by email or via the warranty application form on the website upon presentation of proof of purchase, if possible photos of the defect and other requested information.
9.17.
If service for maintenance/repair is requested that is not covered by the warranty conditions as described above, the costs will be charged to the customer. The customer is advised to take good note of the user manual to avoid unnecessary costs. Any assignment to a third party, other than warranty work approved by Lindtbergh, is expressly outside the responsibility of Lindtbergh.
9.18.
The customer has the obligation to limit damage to the product and, if necessary, has the obligation to provide proof.
9.19.
A guarantee provided does not affect the legal rights and claims that the consumer can assert against Lindtbergh under the agreement.
Article 10. Liability and limitation
10.1.
Lindtbergh cannot be held to compensate any damage that is a direct or indirect consequence of: a. an event that is in fact beyond its control and therefore cannot be attributed to its actions and/or omissions, as described, among other things. in article 11 of these general terms and conditions; b. any act or omission of the customer.
10.2.
Lindtbergh is not liable for damage of any nature whatsoever because Lindtbergh relied on incorrect and/or incomplete information provided by the customer, such as the customer incorrectly providing a delivery address.
10.3.
The colors visible on the customer's screen may differ from the actual colors of the product. Lindtbergh is not liable for such color deviations.
10.4.
If the customer or a third party makes changes to the product supplied by Lindtbergh, Lindtbergh excludes any liability with regard to the operation and any (consequential) damage.
10.5.
Lindtbergh is not liable for any accidents with or damage to the product, due to incorrect or improper use, use contrary to the user manual or use contrary to the purpose for which the product was built or manufactured.
10.6.
Participating in traffic always involves risks. Lindtbergh is in no way responsible for dangerous situations, accidents or collisions with the bicycle. Lindtbergh is not liable for damage, such as bodily injury, death, material damage or damage to third parties, as a result of using the bicycle, unless Lindtbergh is liable on the basis of product liability. The customer is at all times responsible for ensuring that he and/or a third party handles the bicycle with care. The use of the bicycle is entirely at the customer's risk.
10.7.
Lindtbergh can never be held liable for damage caused by the customer not properly maintaining or neglecting the delivered produc
10.8.
Lindtbergh is never liable for consequential damage, including loss of turnover, business stagnation, reputational damage, fines imposed and damage due to delays.
10.9.
If Lindtbergh is liable for any damage, Lindtbergh's liability is limited to the amount of the payment made by Lindtbergh's insurer. If in any case the insurer does not pay out or the damage is not covered by the insurance, Lindtbergh's liability is limited, insofar as this is not contrary to any mandatory legal provision, to the price that the customer has paid for the product to which the liability relates.
10.10.
Claim rights and other powers of the customer on any grounds whatsoever against Lindtbergh will in any case lapse after the expiry of 1 year from the moment at which a fact occurs that the customer can exercise these rights and/or powers against Lindtbergh, on the understanding that the consumer has a limitation period of 2 years.
Article 11. Force Majeur
11.1.
Lindtbergh is not obliged to fulfill any obligation if it is prevented from doing so as a result of force majeure. Force majeure is in any case understood to mean: weather influences; flooding; landslides; terrorism; obstacles by third parties, including those of governments; barriers to transportation; labor strikes; epidemics; riots, wars or dangers of war; loss of or damage to goods during transport; failure or late delivery of goods to Lindtbergh by its suppliers; ex and import bans; theft; Power failure; Internet malfunction; disruption in email traffic; fires, disruptions and accidents in Lindtbergh's company or its supplier; the burning of means of transport of Lindtbergh, its supplier or the transport company engaged by Lindtbergh, the occurrence of malfunctions thereof, the involvement in accidents thereof; government measures.
11.2.
Lindtbergh also has the right to invoke force majeure if the circumstance that prevents (further) compliance occurs after Lindtbergh should have fulfilled its obligation.
11.3.
In the event of force majeure, Lindtbergh is not obliged to compensate the customer for any damage caused as a result, except and insofar as Lindtbergh has had an advantage as a result of the force majeure situation that it would not have had if it had been fulfilled correctly.
11.4.
If it is temporarily not possible for Lindtbergh to execute the agreement due to a force majeure situation, the customer, other than a consumer, does not have the right to terminate the agreement free of charge. In such a case, the delivery period will be extended by the period that the force majeure situation continues.
Article 12. Retention of title for the customer who is not a consumer
12.1.
The delivered and yet to be delivered product remains the sole property of Lindtbergh until all claims that Lindbergh has or will have on the customer have been paid in full. As long as ownership of the product has not been transferred to the customer, the customer may not:
a. pledge
b. grant any other right to third parties
c. resell outside its normal course of business.
12.2.
The customer undertakes, at Lindtbergh's first request, to cooperate in establishing a lien on the claims that the customer obtains and will obtain from its customers by virtue of the resale of the products.
12.3.
The customer is obliged to store the product delivered under retention of title with due care and as recognizable property of Lindtbergh. The customer must always do everything that can reasonably be expected of him to safeguard Lindtbergh's ownership rights.
12.4.
If the customer does not or does not fully fulfill his obligations towards Lindtbergh and in the event of dissolution of the agreement, for whatever reason, Lindtbergh is entitled to take back the product on which the retention of title rests, without prior notice of default or judicial intervention, without prejudice Lindtbergh's right to full compensation.
12.5.
If Lindtbergh wishes to exercise its right as described in this article, the customer is obliged to grant Lindtbergh access to the location where LIndtbergh's products are located.
12.6.
In the event of attachment, suspension of payment or bankruptcy, the customer will immediately inform the attaching bailiff, administrator or curator of Lindtbergh's ownership rights.
12.7.
The provisions mentioned in this article do not affect the other rights accruing to Lindtbergh.
Article 13. Delivery of old bicycle to Lindtbergh and discount
13.1.
When the customer delivers his old bicycle to Lindtbergh, Lindtbergh may decide to give a discount on the price for the bicycle that the customer purchases from Lindtbergh. This discount given regardless of the amount of the discount:
(i) is not based on the value of the customer's old bicycle;
(ii) should never be regarded as the trade-in price for the customer's old bicycle;
(iii) should not be regarded as consideration for the delivery of the old bicycle to Lindtbergh.
13.2.
The customer donates the old bicycle to Lindtbergh. The moment the customer delivered his old bicycle to Lindtbergh, the transfer of ownership of this bicycle took place and Lindtbergh became the owner of this bicycle. The customer guarantees that he is authorized to donate the bicycle delivered to Lindtbergh. Revocation of the donation by the customer is not possible.
13.3.
The donation of the old bicycle to Lindtbergh and the purchase of the new bicycle from Lindtbergh are 2 separate agreements, a donation agreement and a purchase agreement. This means that if the purchase of the new bicycle is canceled for whatever reason, this will not affect the customer's donation of the old bicycle to Lindtbergh. If the purchase agreement is terminated, only the purchase is canceled. The donation agreement will not be canceled upon termination of the purchase agreement, reclaim by the customer of his old bicycle delivered to Lindtbergh is not possible and the customer has no claim to the value of the bicycle delivered to Lindtbergh. Lindtbergh does not remain the owner of the bicycle that the customer delivered to Lindtbergh, this bicycle will benefit a good cause.
Article 14. Personal data
14.1.
Lindtbergh processes personal data in accordance with the General Data Protection Regulation (GDPR). For more information about the processing of personal data, the customer can consult Lindtbergh's privacy policy, see https://lindtbergh.com/privacy-statement/.
Article 15. Applicable law and competent court
15.1.
All rights, obligations, offers and agreements to which these general terms and conditions apply are exclusively governed by Dutch law.
15.2.
All disputes between the customer and Lindtbergh will be submitted to the competent court in the district where Lindtbergh is located. The consumer has 1 month after Lindtbergh has invoked this clause in writing to the consumer to choose the legally competent court to settle the dispute.
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