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General Terms and Conditions of GreenZone Mobility B.V.

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  1. Cooling-off period: the period during which the consumer can make use of their right of withdrawal;
  2. Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
  3. Day: calendar day;
  4. Long-term transaction: a distance contract concerning a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
  5. Durable medium: any tool that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unchanged reproduction of the stored information.
  6. Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;
  7. Model form: the model withdrawal form provided by the entrepreneur that a consumer can fill in if they want to use their right of withdrawal.
  8. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
  9. Distance contract: an agreement concluded within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, using only one or more distance communication techniques up to and including the conclusion of the agreement;
  10. Distance communication technique: means that can be used to conclude an agreement without the consumer and entrepreneur being in the same room at the same time.
  11. General Terms and Conditions: these present General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur

Correspondence address
NOBÜ Bikes – GreenZone Mobility B.V.
Wijkermeerstraat 23
2131HB, Hoofddorp
Email address: info@nobufietsen.nl

Article 3 – Applicability
  1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded and orders placed between the entrepreneur and the consumer.
  2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent free of charge to the consumer as soon as possible upon request.
  3. If the distance contract is concluded electronically, then, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the consumer’s request.
  4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly and in the event of conflicting terms and conditions, the consumer may always invoke the applicable provision that is most favorable to them.
  5. If one or more provisions of these general terms and conditions are at any time wholly or partially null and void or annulled, the agreement and these conditions will otherwise remain in force and the relevant provision will be replaced in mutual consultation as soon as possible by a provision that approximates the original intent as closely as possible.
  6. Situations not covered by these general terms and conditions must be assessed in the spirit of these general terms and conditions.
  7. Ambiguities about the interpretation or content of one or more provisions of these terms and conditions must be interpreted in the spirit of these general terms and conditions.
Article 4 – The offer
  1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
  2. The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
  3. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the offered products and/or services. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
  4. All images, specifications, and information in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
  5. Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
  6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
    • the price including taxes;
    • any shipping costs;
    • the manner in which the agreement will be concluded and which actions are necessary for this;
    • whether or not the right of withdrawal applies;
    • the method of payment, delivery, and execution of the agreement;
    • the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
    • the rate for distance communication if the costs of using the distance communication technique are calculated on a different basis than the regular basic rate for the used means of communication;
    • whether the agreement will be archived after it has been concluded, and if so, how it can be accessed by the consumer;
    • the way in which the consumer, before concluding the agreement, can check and, if desired, rectify the information they have provided;
    • any other languages in which, besides Dutch, the agreement may be concluded;
    • the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and
    • the minimum duration of the distance contract in the case of a long-term transaction.
Article 5 – The Agreement
  1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the associated conditions.
  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for that purpose.
  4. The entrepreneur may – within legal frameworks – ascertain whether the consumer can meet their payment obligations, as well as all those facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request with justification or to attach special conditions to the execution.
  5. The entrepreneur will include the following information with the product or service to the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
    • the visiting address of the entrepreneur’s business establishment where the consumer can lodge complaints;
    • the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
    • information about warranties and existing after-sales services;
    • the data referred to in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to the execution of the agreement;
    • the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
  6. In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.
  7. Every agreement is concluded under the suspensive condition of sufficient availability of the relevant products.
Article 6 – Right of Withdrawal
For delivery of products:
  1. When purchasing products, the consumer has the option to dissolve the agreement without giving reasons within 14 days. This reflection period starts on the day after the consumer, or a third party designated by the consumer and made known to the entrepreneur, receives the product.
  2. During the reflection period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to determine whether they wish to keep the product. If they exercise their right of withdrawal, they shall return the product with all delivered accessories and – if reasonably possible – in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

    *For electric cargo bikes, this means the bike must not have been ridden more than 15 kilometers.*

  3. If the consumer wishes to make use of their right of withdrawal, they must notify the entrepreneur within 14 days of receipt of the product, using the model form. After this notification, the consumer must return the product within 14 days. The consumer must prove that the goods have been returned in time, for example by providing proof of shipment.
  4. If the consumer has not notified within the periods mentioned in paragraphs 2 and 3 that they wish to use their right of withdrawal, or has not returned the product to the entrepreneur, the purchase is final.
  5. For purchases made in one of our physical stores, this right of withdrawal under the “Distance Selling Act” does not apply, and refunds are not possible!
For delivery of services:
  1. In the case of service agreements, the consumer can dissolve the agreement without giving reasons for at least 14 days, starting from the day the agreement is concluded.
  2. To make use of the right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the entrepreneur at the time of the offer and/or upon delivery.
Article 7 – Costs in case of withdrawal
  1. If the consumer exercises their right of withdrawal, the maximum cost of return shipping will be at their own expense.
  2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. The condition is that the product has already been received back by the online retailer or that conclusive proof of complete return can be provided.
Article 8 – Exclusion of the right of withdrawal
  1. The entrepreneur can exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur clearly stated this in the offer, or at least in good time before the agreement is concluded.
  2. Exclusion of the right of withdrawal is only possible for products:
    • that have been made by the entrepreneur according to the consumer’s specifications;
    • that are clearly of a personal nature;
    • that cannot be returned due to their nature;
    • that spoil or age quickly;
    • whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
    • individual newspapers and magazines;
    • audio and video recordings and computer software if the consumer has broken the seal;
    • hygienic products if the consumer has broken the seal.
  3. Exclusion of the right of withdrawal is only possible for services:
    • regarding accommodation, transport, catering or leisure activities to be performed on a specific date or during a specific period;
    • whose performance has started with the express consent of the consumer before the cooling-off period has expired;
    • concerning bets and lotteries.
Article 9 – The Price
  1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
  2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This linkage to fluctuations and the fact that any listed prices are target prices will be mentioned in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
    • they are the result of statutory regulations or provisions; or
    • the consumer has the right to terminate the agreement from the day the price increase takes effect.
  5. The prices stated in the offer of products or services include VAT.
  6. All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In case of printing and typing errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.
Article 10 – Conformity and Warranty
  1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.
  3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days after delivery. The products must be returned in their original packaging and in new condition.
  4. The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. The entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
  5. The warranty does not apply if:
    • The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
    • The delivered products have been exposed to abnormal conditions or otherwise carelessly treated or treated contrary to the instructions of the entrepreneur and/or on the packaging;
    • The defect is wholly or partially the result of regulations that the government has set or will set with regard to the nature or quality of the materials used.
Article 11 – Delivery and execution
  1. The entrepreneur will take the utmost care when receiving and executing orders for products and when assessing requests for the provision of services.
  2. The place of delivery is the address that the consumer has made known to the company.
  3. Taking into account what is stated in paragraph 4 of this article, the company will execute accepted orders promptly but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or can only partially be carried out, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to compensation.
  4. All delivery periods are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a deadline does not entitle the consumer to compensation.
  5. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
  6. If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. With replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur.
  7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated and known representative, unless expressly agreed otherwise.
Article 12 – Long-term transactions: duration, termination, and renewal
Termination
  1. The consumer may terminate an agreement entered into for an indefinite period and which aims at the regular delivery of products (including electricity) or services at any time with due observance of the agreed termination rules and a notice period of no more than one month.
  2. The consumer may terminate a fixed-term agreement aimed at the regular delivery of products (including electricity) or services at any time at the end of the fixed term with due observance of the agreed termination rules and a notice period of no more than one month.
  3. The consumer may terminate the agreements referred to in the previous paragraphs:
    • at any time and not be limited to termination at a specific time or during a specific period;
    • terminate them in the same manner as they were entered into by the consumer;
    • always terminate them with the same notice period that the entrepreneur has stipulated for himself.
Renewal
  1. A fixed-term agreement aimed at the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed period.
  2. Notwithstanding the previous paragraph, a fixed-term agreement aimed at the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, if the consumer can terminate this extended agreement by the end of the extension with a notice period of no more than one month.
  3. A fixed-term agreement aimed at the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month and a notice period of no more than three months in case the agreement is for the regular, but less than monthly, delivery of daily, news, and weekly newspapers and magazines.
  4. An agreement with a limited duration for the regular introduction of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
Duration
  1. If an agreement lasts more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 13 – Payment
  1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period referred to in Article 6 paragraph 1. In the case of a service agreement, this period starts after the consumer has received confirmation of the agreement.
  2. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
  3. In case of non-payment by the consumer, the entrepreneur has the right, subject to legal limitations, to charge the consumer reasonable costs made known in advance.
Article 14 – Complaints procedure
  1. The entrepreneur has a well-publicized complaints procedure and handles complaints in accordance with this procedure.
  2. Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has discovered the defects.
  3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.
  4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
  5. In case of complaints, the consumer should first contact the entrepreneur.
  6. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.
Article 15 – Disputes
  1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.
  2. The Vienna Sales Convention does not apply.
Article 16 – Additional or different provisions

Additional provisions or provisions deviating from these general terms and conditions must not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

Do you have a complaint? Let’s solve it together!

At NOBÜ Bikes, we hope that you are always satisfied with our products and services. However, sometimes things may go wrong. If you have a complaint, we encourage you to let us know by emailing info@nobufietsen.nl. We hope to find a solution together.

(Last changes made on 13-08-2024)

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