Terms and conditions
GENERAL TERMS AND CONDITIONS OF PURCHASE/ REPAIR & MAINTENANCE OF TWO-WHEELED VEHICLES
These General Terms and Conditions shall apply with effect from 1 May 2018.
These General Terms and Conditions have been drawn up in consultation with the Consumers' Association and the ANWB within the framework of the SER Coordination Group Self-Regulation Consultation (CZ).
In these general terms and conditions means:
- two-wheeler: all types of (electric) bicycles, mopeds, mopeds, motorcycles (including motor scooters) and scooters (including mopeds), with or without sidecar;
- the two-wheeler to be purchased: the two-wheeler sold by the consumer to the proprietor as part of the contract, also referred to as a trade-in (moped or moustache) bicycle/scooter/motorcycle;
- the agreement: the agreement to purchase and sell a new or used bicycle, parts or accessories;
- the proprietor: a natural or legal person who, as a member of BOVAG Bicycle companies/Motorcycle Companies, concludes a contract concerning a new or used bicycle, parts or accessories, or a person who carries out or has carried out an assignment for a consumer with regard to a bicycle, parts or accessories;
- the consumer: a natural person who is acting for purposes that are outside his business or professional activity and who enters into a purchase agreement or order concerning a new or used bicycle, parts or accessories;
- the assignment: the agreement concluded with the consumer to perform work such as assembly, disassembly, repair or maintenance work, voluntary or statutory inspections, damage assessments or emergency repairs being temporary solutions instead of a traditional more permanent way of remedying a defect. Emergency repairs are intended to get the consumer back on track;
- Non-avoidable costs: all costs which are not optional for the consumer and which are necessary to drive away with the purchased two-wheeler. These costs must be included in the indicated price of both the new and the used two-wheeler. In practice, this means that for each new two-wheeler at least the VAT, the recycling contribution, the cost of a zero-entry, the transport costs to the dealer are already included in the indicated price. In addition, for new marked two-wheeled vehicles, the registration fee and the cost of the registration number are already included in the indicated price, and for a new motorcycle, the price also includes bpm;
- avoidable costs: optional, additional agreed costs for the consumer. These costs do not have to be automatically included in the indicated price of the two-wheeler, such as additional purchased accessories or parts;
- in writing: in writing or electronically
- the warranty:
a. the warranty given by the manufacturer, importer or entrepreneur on those two-wheeled vehicles, parts and accessories;
b. the warranty described in the BOVAG Warranty Certificate for a used motorcycle/scooter/moped/snorkel or the BOVAG Warranty Certificate for a used bicycle that can be provided by the entrepreneur;
c. on work: the BOVAG repair and maintenance guarantee.
Article 1 - Applicability
These General Terms and Conditions apply to all agreements and assignments that are concluded between the entrepreneur and the consumer.
Article 2 - The offer
1. The entrepreneur makes an oral or written offer. The offer is accompanied by the general terms and conditions.
2. This offer gives a complete and accurate description of the offer, i.e. the price and the rights and obligations of the consumer and the entrepreneur.
The description of the offer is sufficiently detailed to enable the consumer to make a proper assessment of the offer.
3. The offer states the price of the offered two-wheeler, the offered part, or the offered accessory. The price of the offered two-wheeler includes the unavoidable costs.
4. If the Entrepreneur uses images of the two-wheeler, part or accessory, these are truthful.
5. Obvious mistakes in the offer are not binding for the entrepreneur.
6. The consumer must accept within the period set by the entrepreneur.
If no period is given, the consumer must accept immediately.
Article 3 - The agreement
The entrepreneur records the agreement in writing and gives the consumer a copy.
Article 4 - The content of the Agreement
1. The written agreement shall state in any case:
- the identity of the entrepreneur such as trade name, business address, telephone number and e-mail address;
- the description of the two-wheeler, parts or accessories
- the price and description of the two-wheeler to be purchased including parts or accessories;
- the price of the bicycle including accessories at the time of purchase. The price includes the unavoidable costs. The agreement indicates whether the price is fixed or non-fixed; or:
- the price of a part or accessory purchased separately;
- the avoidable costs at the time of purchase of a two-wheeler;
- the reference to the guarantee provisions whereby the entrepreneur or a third party such as the manufacturer or importer acts as guarantor. The warranty provisions of this third party will be made available for inspection;
- the method of payment;
- the delivery date and whether this is a probable or fixed date. If no delivery date has been agreed, the two-wheeler, part or accessory in
delivered in any case within thirty days of the conclusion of the agreement.
2. The Entrepreneur shall state in the purchase contract for a new electric bicycle:
- a reasonable indication of the cost of replacing the battery at the time of purchase
- and a reasonable indication of the battery's service life and range at the time of purchase.
The actual service life and range of a pedelec depends on factors such as the weight of the rider, wind strength, tire pressure and the timely and correct charging of the battery pack. This range decreases noticeably as the battery pack ages.
Article 5 - Price changes
1. If there is a fixed price, then the entrepreneur cannot increase the price after the agreement has been concluded, unless there is a change in a levy by the government, in any case this means a changed tax or excise duty.
2. If it appears from the agreement itself that there is a non-fixed agreed price, then the entrepreneur can change the price on the basis of a change in: a levy by the government, factory prices, importer prices or exchange rates. The entrepreneur will inform the consumer as soon as possible of a price change and the reason for this. In the event of a price increase, the consumer can dissolve the agreement within ten days, unless the price increase is the result of a change in a government levy.
3. If an entrepreneur has indicated that the price is not fixed, he must also pass on changes in the consumer's favour in the price.
4. If the trader has been declared to be in default on the basis of Article 7, but the set period has not yet expired, then only a price increase on the basis of a change in a levy may be passed on by the government.
5. As soon as the entrepreneur is in default, no price increase may be passed on.
Article 6 - The risk to the two-wheeler
1. If the purchased two-wheeler breaks down or is lost before it is delivered to the consumer, this is at the expense and risk of the entrepreneur.
2. 2. If the purchased two-wheeler breaks down or is lost before the exchangeable two-wheeler is delivered to the proprietor, this is at the expense and risk of the consumer.
Article 7 - Delivery and default
1. In the event of a fixed delivery date, the Entrepreneur shall be in default as soon as that date has passed.
2. In the case of a probable delivery period, the consumer must first give the entrepreneur notice of default in writing (reminder). This means that the entrepreneur from
the notice of default will be given another period of three weeks to deliver. If the entrepreneur has not delivered the two-wheeler, part or accessory after this period has expired, then the entrepreneur is in default.
3. In these cases, no notice of default by the consumer is necessary:
- if the entrepreneur has let it be known that he will not deliver;
- if delivery before the agreed delivery date is essential in view of the circumstances at the conclusion of the agreement, for example because the consumer has let this know or because the bicycle, part or accessory is needed for a special occasion.
Article 8 - Consequences of default
1. If the entrepreneur is in default on the basis of Article 7 then the consumer may dissolve the contract.
2. Furthermore, the consumer can claim compensation for his damage, unless the entrepreneur can invoke force majeure.
Article 9 - Cancellation
1. The consumer can cancel the agreement, even if the entrepreneur is not in default.
2. Cancellation can take place up to the purchased two-wheeler, part or accessory, or up to the in
two-wheeler to be purchased has been delivered and the cancellation must be made in writing.
3. The consumer must compensate all damages resulting from the cancellation. This damage is set at 15% of the total purchase price of the two-wheeler, part or accessory, unless parties have agreed otherwise when concluding the agreement.
4. The damage must be paid within ten days after the cancellation. If the consumer has not paid after ten days, the entrepreneur may inform the consumer in writing that the consumer must still fulfil the agreement.
The consumer can then no longer appeal to the cancellation.
REPAIR AND MAINTENANCE
Article 10 - Quotation and deadline
1. The order for work should preferably be laid down in writing. The entrepreneur gives a quotation and a delivery date in advance. This quotation and delivery date is presumably unless the consumer and the repairer have agreed that there is a fixed price or a fixed delivery date.
2. In the event of an agreed guide price of €20 or more for a bicycle repair, an increase in this guide price may not exceed 10%. Otherwise, the entrepreneur shall
discussing the threat of cost increases with consumers. For other two-wheeled vehicles, the repair amount must be at least €50.
If the approximate repair price indicated is higher than €150,-, contact must already be made in the event of an impending cost increase of 10%.
3. The consumer may cancel the order at any time. The costs already incurred by the proprietor at the time of cancellation and the work already completed must be paid.
4. The entrepreneur shall immediately report when the work threatens to be completed later than the delivery date. The entrepreneur shall also tell you when the work will be completed.
5. If a fixed delivery date is exceeded, the consumer is entitled to reasonable compensation, unless there is a case of force majeure on the part of the proprietor.
Article 11 - The invoice
An itemised bill will be issued for the work carried out.
Article 12 - Storage costs
1. If the consumer does not collect the two-wheeler within two weeks of receiving notification that the repair is ready, the proprietor may charge a fee for storage costs.
2. The storage costs are the costs normally charged by the entrepreneur. If there are no fixed storage costs, the entrepreneur will charge a reasonable fee.
Article 13 - Right of retention
1. The entrepreneur may exercise a right of retention on the two-wheeler, part or accessory. This means that the proprietor does not return the bicycle, part or accessory until the consumer has paid for this or previous work.
or paid any other charges.
2. The proprietor can also exercise the right of retention if the dispute about the work has been brought before the Geschillencommissie Tweewielers referred to in Article 22, or before the court, unless the consumer has provided sufficient (replacement) security, for example by depositing a deposit with the Disputes Committee.
Article 14 - Replaced parts
1. If a consumer asks for the old parts at the time of the order, he will get them.
after the replacement in his possession.
2. If a warranty claim has to be settled between the entrepreneur and a guarantor, such as a manufacturer or an importer, the entrepreneur can refuse to hand over the parts.
3. If the consumer has not asked for the parts, or not in time, then the replaced parts also become the property of the entrepreneur, without the consumer receiving any compensation for this.
Article 15 - Warranty on purchased bicycles and parts/accessories
1. Consumers also have -without guarantee- legal rights, because they have bought as consumers. Entrepreneur guarantees that the delivered product complies with the agreement (conformity). In addition, the Entrepreneur guarantees that the product possesses those characteristics which, taking all circumstances into account, are necessary for normal use, as well as for a special use insofar as this has been agreed. In the event of a repair based on the warranty as referred to in this article and in article 16, the Entrepreneur shall provide an appropriate solution to the consumer's transport problems.
2. On new two-wheeled vehicles and on new parts, the manufacturer or importer gives a manufacturer's warranty. In addition, a consumer still has his legal rights.
3. On used two-wheeled vehicles, the Entrepreneur grants the BOVAG Warranty for at least six months, unless the Consumer has explicitly stated in writing that he renounces the BOVAG Warranty. However, there must be certain minimum purchase amounts, see paragraph 4.
4. The purchase amount of a used bicycle must be €250 or more.
The purchase price of a used moped, scooter and moped must be at least half of the original list price of these bicycles.
The purchase amount of a used motorcycle must be at least 35% of the original catalogue value of this motorcycle if the purchase amount is at least €3000.
5. BOVAG Warranty is never given on separately delivered used parts. Defects that have arisen outside the European Economic Area (EEA) are not covered by the guarantee on used two-wheeled vehicles, unless the consumer demonstrates that the defects have not arisen due to circumstances that differ from the EEA, such as relatively less good roads or fuel of a poorer quality.
Article 16 - BOVAG repair and maintenance warranty on two-wheeled vehicles, parts, accessories
1. Pursuant to the law on conformity, the entrepreneur guarantees that the work carried out by him meets the assignment and is carried out with good workmanship and the use of sound materials.
2. Within the European Economic Area and in the case of bicycles/snorkels/mopeds/scooters/mopeds, parts or accessories, the proprietor guarantees for a period of three months after delivery of these repaired or maintained bicycles, parts or accessories that the instructions have been properly carried out by him, or that he has had the instructions carried out properly and that good materials have been used. In the case of motorcycles, parts or accessories, the entrepreneur guarantees the same, but for a period of six months.
3. Exceptions are possible so that the warranty does not apply:
a. Does it concern (not excessive) wear and tear, e.g. on tires or gears, or defects due to improper maintenance that has not been carried out by (or on behalf of) the entrepreneur,
then this warranty does not apply.
b. This warranty does not apply even if the consumer himself has brought materials, parts or accessories to be used by the entrepreneur. This warranty also does not apply if the consumer has demanded the use of a particular material/part/accessory that the Entrepreneur would not otherwise have used. If the consumer has demanded certain methods to be used by the entrepreneur, the guarantee does not apply if the consumer has demanded a different method from the method that the entrepreneur would otherwise have wanted to follow. The consequences of defects or unsuitability of such parts, materials, accessories or working methods are therefore at the expense and risk of the consumer, unless the entrepreneur in his expertise or in his care has failed to perform the work (or have it performed).
c. If the consumer asks the proprietor to carry out an emergency repair to the two-wheeler, part or accessory, no guarantee will be given.
d. Consumer reports as soon as possible after discovering a problem, that he experiences problems with the repaired or maintained two-wheeler, part or accessory. If the consumer fails to do so, this could (if reasonable in view of the circumstances) result in the consumer no longer being able to successfully invoke the warranty.
e. If the entrepreneur does not get a chance from the consumer to solve problems on the repaired or maintained two-wheeler, parts or accessories himself, the consumer can no longer claim warranty. Unless the situation in paragraph 4 occurs.
f. When a third party carries out work on the two-wheeler, part or accessory repaired or maintained by the entrepreneur, the consumer can - unless the situation from paragraph 4 occurs - not invoke warranty because of this work.
However, the consumer does have a claim under the guarantee if the work done by a third party has nothing to do with the work that the proprietor had previously carried out or had commissioned to be carried out on this two-wheeler, part or accessory.
4. An exception to paragraph 3 under e and f may occur if there is an immediate need to repair the repaired or maintained two-wheeler. The emergency situation must
or occur at a location not close to the business premises of
the entrepreneur. Consumers must also be able to demonstrate this necessity. The consumer can do this with data from the other company or with the broken two-wheeler parts. If another company repairs within the borders of the Netherlands, this company must be a member of BOVAG, unless there is no BOVAG member in the area and the consumer and entrepreneur have agreed that this requirement could be abandoned. If the emergency situation occurs outside the national borders of the Netherlands and the bicycle has been repaired by a third company established abroad, the costs of this foreign third party will be reimbursed up to a maximum of the price level applicable in the company of the entrepreneur.
Article 17 - Payment
1. Payment must be made in cash or by crediting the entrepreneur's bank account. Payment must be made at the time of delivery of the two-wheeler, part or accessory or at the time of delivery of the work.
2. Entrepreneur and consumer can agree in writing that payment does not have to be made immediately. If no exact moment of payment is determined, the payment term is one month.
3. The consumer must pay the amount due before the expiry of the payment date. If he fails to do so, the proprietor will send a free payment reminder after that date and give the consumer the opportunity to pay the outstanding amount within fourteen days of receiving this payment reminder.
4. If payment has still not been made after the payment reminder has elapsed, the entrepreneur may charge interest from the time of default. This interest is equal to the statutory interest.
5. Collection costs may also be charged for extrajudicial costs. The amount of these costs is subject to (legal) limits. This may be deviated from to the benefit of the consumer.
Article 18 - Retention of title on a two-wheeler
The two-wheeler delivered to the consumer remains the property of the entrepreneur until the consumer has paid everything he had to pay on the basis of the purchase agreement. Until the consumer has paid everything, he must take out insurance against total or partial loss (hull cover for two-wheeled vehicles). He must also have maintenance carried out on the two-wheeler at his own expense. The consumer must insure the motorized two-wheeler (including the high speed e-bike) at a minimum WA. The consumer is liable as the holder and rider of the PTW.
Article 19 - Remote / Out of Sale space
Consumers have rights and obligations that follow from the provisions for contracts between traders and consumers, see Book 6, Title 5, Section 2b of the Dutch Civil Code.
This only applies when a distance and off-premises contract/assignment has been concluded, in the sense of 6: 230g BW. The statutory provisions then apply in addition to and in deviation from these general terms and conditions.
Article 20 - Deviations
Deviations, and by that additions or extensions to these general terms and conditions are also meant, are only valid if they are laid down in writing by both parties and if these deviations do not put the consumer in a worse position than he or she would have without these deviations. Deviations from the BOVAG Warranty Certificate and the BOVAG Repair and Maintenance Warranty are invalid.
Article 21 - Mediation arrangement
1. A consumer who has complaints about the sale of a used two-wheeler or about the implementation of the BOVAG repair and maintenance guarantee must first go to the entrepreneur.
2. If it turns out that the consumer is not satisfied with the result of the Entrepreneur's handling of the complaint, the following applies: the consumer can submit a dispute to BOVAG Bemiddeling within six weeks of the dispute arising. The mediation attempt will take place according to a regulation that the parties have received in advance. The address of BOVAG Bemiddeling is: P.O. Box 1100, 3980 DC in Bunnik. Tel no. 030 65 95 395. This mediation regulation applies to complaints about the sale of a used two-wheeler. The consumer must only be able to make a claim under the BOVAG Guarantee as referred to in Article 15. The consumer can, of course, also claim for choose to submit the complaint to the Arbitration Board. If a consumer can appeal to a warranty issued by the manufacturer or importer on a new bicycle, parts or accessories, an appeal to BOVAG mediation is not possible.
Article 22 - Dispute resolution
1. If there is a dispute about the way in which the assignment or the agreement was created or executed, the consumer or the entrepreneur can submit it to the Geschillencommissie Tweewielers. Address: The Disputes Committee, P.O. Box 90600, 2509 LP in The Hague (visiting address Borderwijklaan 46 2591 XR in The Hague). At that time, the consumer can also choose to go to court with his dispute.
2. This dispute resolution only applies to disputes between consumers and members of BOVAG Bicycle Companys/Motorized Two Wheeler Companies. It also only applies in the event of a dispute:
a. the contract of purchase and sale of a new bicycle, part or accessory. This unless the consumer complains on the basis of a warranty issued by the manufacturer or importer of the bicycle, part or accessory;
b. the agreement of purchase and sale of a used two-wheeler whereby the consumer has not explicitly stated in writing that he renounces the BOVAG Warranty. The purchase price of the used motorcycle may not be less than 35% of the original catalogue value and must be at least €3000. The purchase price of the used moped, scooter and moped may not be less than half of the catalogue price in the year of manufacture of the two-wheeler. The purchase price of the used bicycle may not be less than €250;
c. the agreement to which the BOVAG repair and maintenance guarantee referred to in Article 16 of these general terms and conditions applies.
3. The dispute must be brought before the Disputes Committee for Two Wheeled Bicycles within twelve months of the date on which the consumer complained to the proprietor. Once this choice has been made by the Disputes Committee, the consumer can then only go to court, after the Disputes Committee has declared itself to be possibly incompetent or inadmissible, or to have a binding advice made by the Disputes Committee assessed in good time by the court on a marginal basis. Engagement may be in writing, or in another form to be determined by the Disputes Committee for Two Wheeled Vehicles. A dispute exists after the complaint has been handled by the entrepreneur and/or through the mediation attempt of BOVAG Bemiddeling has been unsuccessful.
4. The Disputes Committee for Two Wheeled Entrepreneurs issues a decision in the form of a binding advice. This is done in accordance with regulations that are notified to both parties to the dispute in advance. These regulations are part of these agreements between the consumer and the BOVAG member.
5. For the handling of the dispute by the Geschillencommissie Tweewielers, the consumer must pay a fee.
6. A decision of the Disputes Committee for Two Wheeled Vehicles can no longer be affected by a court of law if more than two months have passed since it was sent and no appeal has been made to the ordinary court.
Article 23 - Performance bond
BOVAG guarantees that the entrepreneur affiliated with BOVAG will comply with the binding recommendations of the Disputes Committee. However, this is not the case if the entrepreneur decides to submit the binding opinion to the court for review within two months and the court declares the binding opinion non-binding and the judgement can no longer be contested.
The guarantee applies up to €450 and under the condition that the consumer assigns his claim on the entrepreneur to BOVAG. For amounts greater than €450,-
BOVAG will try to persuade the entrepreneur to pay through the courts. If this is successful, the amount collected in excess of €450 will be transferred to the consumer.
BOVAG does not provide a compliance guarantee if there is one of these situations, before the consumer has met certain formal collection requirements (payment of complaint fee, return completed and signed questionnaire and any deposit) that are necessary for handling the dispute. It concerns the situation of bankruptcy, suspension of payments or termination of business of the entrepreneur. Decisive for the latter situation is the date on which the business termination is registered in the Trade Register or an earlier date, of which BOVAG can demonstrate that the business activities have actually been terminated. BOVAG does, however, pay out an amount up to a maximum of €450 per dispute if the bankruptcy or suspension of payments has been pronounced or the entrepreneur has terminated its business after the consumer has met the collection requirements.
Article 24 - Processing personal data
The personal data of the consumer that are mentioned on the contract or assignment will be processed by the entrepreneur according to the agreement.
the General Data Protection Regulation. On the basis of this processing, the entrepreneur:
- carry out the order or the purchase agreement and fulfil his warranty obligations towards the consumer;
- provide the consumer with optimal service;
- provide him with timely product information and personalised offers in the event of a legitimate interest. Against processing for the purpose of direct mailing, any opposition by the consumer to the entrepreneur to register will be honored.
Article 25 - Choice of law
This agreement is governed by Dutch law.