Terms of service
General Terms and Conditions Phatfour B.V.
- Offer: an offer from Phatfour for the purchase of the product, including a purchase price, payment obligations, additional costs, an indication / expected delivery time, and including the applicability of these general terms and conditions;
- Phatfour: the company that sells ebikes and accessories under the trade name Phatfour;
- Reflection period: the period of 14 days after receipt within which the Customer can make use of his right of withdrawal;
- Warranty conditions: conditions with regard to warranty that apply to the products of Phatfour and all agreements between Phatfour and the Client and that are available on the Website;
- Right of withdrawal: the option of the Customer to waive the Distance Agreement within the Cooling-Off Period;
- Customer: the natural person, not acting in the exercise of a profession or business, with whom Phatfour enters into an agreement;
- Model withdrawal form: the European model withdrawal form included in Appendix 1 to these general terms and conditions;
- Distance contract: Any contract concluded between Phatfour and the Client within the framework of an organized system for the sale of products, digital content and / or services, whereby only one or more techniques are used until the conclusion of the contract. for remote communication;
Website: Phatfour's website: www.phatfour.com.
- These general terms and conditions apply to every offer and agreement between Phatfour and the Client to which Phatfour has declared these terms and conditions applicable, insofar as the parties have not deviated expressly and in writing from these general terms and conditions.
- Before the Distance Agreement is concluded, the text of these general terms and conditions will be made available to the Client. If this is not reasonably possible, Phatfour will indicate, before concluding the Distance Agreement, how the general terms and conditions can be viewed at Phatfour and that they will be sent to him free of charge at the request of the Customer.
- If the Distance Contract is concluded electronically, before the Distance Contract is concluded, the text of these general terms and conditions will be made available to the Client electronically in such a way that they can be easily stored by the Client on a durable data carrier. If this is not reasonably possible, before the Distance Contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent free of charge electronically or otherwise at the request of the Customer.
- If a situation arises between the parties that is not regulated in these general terms and conditions, this situation must be assessed in the spirit of these general terms and conditions.
- If Phatfour does not always require strict compliance with these terms and conditions, this does not mean that the provisions thereof do not apply, or that the Customer would lose the right to demand strict compliance with the provisions of these terms and conditions in other cases.
- In the event that specific product or service conditions apply in addition to these general terms and conditions, the provisions of the second and third paragraphs of this article apply mutatis mutandis.
3. Quotations and Offers
- All offers from Phatfour are without obligation, unless a term for acceptance has been set. An Offer lapses if the product to which the offer relates is no longer available in the meantime.
- Phatfour cannot be held to its offers if the Customer can reasonably understand that the offers, or any part thereof, contain an obvious mistake or clerical error.
- Each Offer contains such information that it is clear to the Customer what rights and obligations are attached to the acceptance of the Offer. This concerns in particular the price including taxes, any costs of delivery, the manner in which the agreement will be concluded and which actions are required for this, whether or not the right of withdrawal applies, the method of payment, delivery and implementation of this agreement, the period for accepting the offer, or the period within which Phatfour guarantees the price, the level of the rate for distance communication if the costs of using the technology for distance communication are calculated on another basis then the regular basic rate for the means of communication used, whether the agreement is archived after the conclusion, and if so, how this can be consulted by the Client and the way in which the Client, before concluding the agreement, can check the information provided under the agreement and, if desired, restore it.
- The prices stated in an Offer include VAT and other government levies as well as any costs to be incurred in the context of the agreement, including administration costs, unless stated otherwise. Transport and assembly costs are stated separately and are expressly not included in the prices stated in the offers.
- If the acceptance deviates (whether or not on minor points) from the Offer included in the offer, Phatfour is not bound by it. The agreement will then not be concluded in accordance with this deviating acceptance, unless Phatfour indicates otherwise.
- All statements by Phatfour of numbers, sizes, weights, colors and / or other indications have been made with care. Phatfour does not guarantee that deviations will occur in this respect. Mistakes, such as price errors on the website www.phatfour.com, in advertisements, offers, quotations, publications, order confirmations, invoices and other documents originating from Phatfour, do not bind Phatfour. Said statements, as well as models or drawings shown are non-binding indications of the articles concerned.
- Quotations and offers, including brochures and the Website, are without obligation and only serve as an invitation to place an order.
4. The agreement
1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the Client accepts the Offer and the conditions set by Phatfour have been met.
2. If the Customer has accepted the offer electronically, Phatfour will immediately confirm receipt of the acceptance of the Offer electronically. As long as the receipt of this acceptance has not been confirmed by Phatfour, the Customer can terminate the agreement.
3. If the agreement is concluded electronically, Phatfour will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the Client can pay electronically, Phatfour will observe appropriate security measures.
4. Phatfour can inform itself within legal frameworks whether the Customer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the Distance Agreement. If, on the basis of this investigation, Phatfour has good reasons not to enter into the agreement, it is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
5. The price
1. During the period of validity stated in the Offer, the prices of the products and / or services being offered will not be increased, except for price changes due to changes in VAT rates.
2. Contrary to the provisions of the previous paragraph, Phatfour can offer products or services whose prices are subject to fluctuations in the financial market and over which Phatfour has no influence, at variable prices. This link to fluctuations and the fact that any stated prices are target prices are stated in the Offer.
3. Price increases after the conclusion of the agreement are only permitted if the Customer has the option to terminate the agreement with effect from the day on which the price increase takes effect.
6. Delivery, implementation and amendment of the agreement; price increase
1.The place of delivery is the address that the Customer has provided to Phatfour.
2. Delivery times are only approximate. Phatfour will deliver the accepted orders at a time to be specified and will keep the Customer informed about the delivery period and the actual time of delivery. If the delivery is grossly or unreasonably delayed after Phatfour has informed the Customer about the time of delivery, or if it appears that an order cannot or only partially be executed, the customer will be notified of this no later than 30 days after placing the order. . In that case, the Customer has the right to terminate the agreement.
3. In case of dissolution in accordance with the previous paragraph, Phatfour will (if applicable) refund the amount that the customer has paid as soon as possible, but no later than 30 days after dissolution.
4. If delivery of an ordered product proves impossible, Phatfour will endeavor to provide a replacement item. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items right of withdrawal can not be excluded. The costs of any return shipment are at the expense of Phatfour.
5. The day and time of delivery depend on the delivery schedule of the carrier. It is not possible to reschedule an appointment. In principle, no delivery takes place on Saturdays or Sundays, in the evenings or on public holidays.
6. Delivery takes place to the door of the Customer. The employee of the transporter is not permitted to enter the Customer's home, the shed or any immovable property belonging to the home.
7. The risk of damage and / or loss of products rests with Phatfour until the moment of delivery by Phatfour to the Customer or a pre-designated representative made known to Phatfour, unless expressly agreed otherwise.
8. Phatfour has the right to have certain activities - such as, but not limited to - the execution of the warranty activities, the transport and assembly of articles, performed by third parties.
9. If during the execution of the agreement it appears that it is necessary for a proper execution thereof to change or supplement it, then the parties will proceed to adapt the agreement in good time and in mutual consultation. If the nature, scope or content of the agreement, whether or not at the request or direction of the Customer, of the competent authorities, etc., is changed and the agreement is amended in terms of quality and / or quantity as a result, this may have consequences. for what was originally agreed. As a result, the originally agreed amount can be increased or decreased. Phatfour will quote this in advance as much as possible. The originally stated term of execution may be changed due to an amendment to the agreement. The Client accepts the possibility of changing the agreement, including the change in price and term of execution.
1. Unless otherwise specified in the agreement or additional conditions, the amounts owed by the Customer must be paid within 14 days after the conclusion of the agreement.
2. The Customer is obliged to immediately report inaccuracies in provided or stated payment details to Phatfour.
3. If the Customer does not fulfill his payment obligation (s) on time, after he has been informed by Phatfour of the late payment and Phatfour has granted the Customer a period of 14 days to still fulfill his payment obligation, after failure to do so payment within this 14-day period, statutory interest is due on the amount owed and Phatfour is entitled to charge the extrajudicial collection costs incurred by it. These collection costs amount to a maximum of: 15% on outstanding amounts up to EUR 2,500; 10% on the subsequent EUR 2,500; and 5% on the next EUR 5,000 with a minimum of EUR 40. Phatfour may deviate from the stated amounts and percentages in favor of the Customer.
8. Right of withdrawal
1. The Customer has the option to terminate a Distance Agreement with regard to the purchase of a product during a cooling-off period of 14 days without giving reasons. Phatfour may ask the Customer for the reason for the withdrawal, but not oblige him to state his reason (s). The reflection period starts on the day after the Customer, or a third party designated by the customer in advance, who is not the carrier, has received the product.
2. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the Customer.
9. Obligations of the Customer during the reflection period
1. During the reflection period as referred to in article 8.1, the Customer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the customer may only handle and inspect the product as he would be allowed to do in a store.
2. The Customer is only liable for depreciation of the product that is the result of a way of handling the product that goes further than permitted in paragraph 1.
10. Exercise of the right of withdrawal by the Customer and associated costs
1. If the Customer makes use of his right of withdrawal, he must report this to Phatfour within the reflection period by means of the model withdrawal form (attached as Annex 1) or in another unambiguous manner to Phatfour.
2. As soon as possible, but no later than 14 days from the day following the notification referred to in paragraph 1, the Customer will send - in accordance with the reasonable and clear instructions provided by Phatfour - the product with all accessories supplied and - if reasonably possible - in the original condition and packaging back to Phatfour, or he hands it over to the Phatfour dealer where the product was delivered.
3. If the Customer makes use of his right of withdrawal, the costs of return will not exceed the cost of the return.
4. If the Customer has paid an amount to Phatfour, Phatfour will refund this amount as soon as possible, but no later than 30 days after the return or cancellation. The term for reimbursement runs from the day the product is received at Phatfour's warehouse.
11. Exclusion of the right of withdrawal
1. Phatfour can only exclude the Customer's right of withdrawal to the extent provided for in paragraph 2 of this article.
2. Exclusion of the right of withdrawal is only possible for products: (a) that have been created by Phatfour in accordance with the specifications of the Customer; (b) that are clearly personal in nature; and / or (c) that cannot be returned due to their nature.
12. Conformity and warranty
1. Phatfour guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the statutory provisions and / or government regulations existing on the date of conclusion of the agreement.
2. The Warranty Conditions as stated on the Website apply to the products and agreements, including the Distance Agreement.
3. The warranty period starts at the moment of delivery to the Customer.
4. Claims under the warranty must be submitted to Phatfour while presenting the product for inspection. The original purchase receipt must be submitted simultaneously.
13. Intellectual Property
1. Phatfour reserves the rights and powers that accrue to it under the Copyright Act and other intellectual laws and regulations. Phatfour has the right to use the knowledge gained through the execution of an agreement for other purposes, insofar as no strictly confidential information of the Customer is disclosed to third parties.
14. Data and files, privacy
1. These general terms and conditions apply to the website (s) operated by Phatfour and to all products and services offered and delivered by Phatfour to Customers via the internet.
2. Phatfour treats the Client's data confidentially. These are not made available to third parties, unless Phatfour is legally obliged to do so, or if this is necessary for the delivery of the product or service. Insofar as the data provided by the Customer qualify as personal data, Phatfour will observe all relevant privacy laws and regulations when processing this data. The privacy statement on the Phatfour website explains which personal data Phatfour processes for which purposes, and how it deals with privacy laws and regulations.
15. Governing Law and Disputes
1. All legal relationships to which Phatfour is a party are exclusively governed by Dutch law, even if an obligation is fully or partially implemented abroad or if the party involved in the legal relationship is domiciled there. The applicability of the Vienna Sales Convention is excluded. The parties will only appeal to the courts after they have made every effort to settle a dispute in mutual consultation.
16. Location and change of conditions
1. These conditions can be read and downloaded from the website www.phatfour.com. The Customer has declared to have read these terms and conditions and has agreed to them before the agreement could be concluded. These General Terms and Conditions of Phatfour B.V. were drawn up in December 2018. The latest version of the conditions as included on the website www.phatfour.com always applies.
2. The Dutch text of the general terms and conditions is always decisive for the interpretation thereof.