Postal address escooter Netherlands
Veerkensweg 22,
Oud-Gastel, 4751 CS
Phone. +316-18068695
Chamber of Commerce number. 82554293
- escooter nederland, established in Oud-Gastel, Chamber of Commerce number 82554293,
is referred to as seller in these general terms and conditions. - The seller’s counterparty is referred to as the buyer in these general terms and conditions.
- The parties are the seller and the buyer together.
- The agreement means the purchase agreement between the parties.
Article 2: Applicability of general terms and conditions
1. These terms and conditions apply to all quotations, offers, agreements and deliveries of services or goods by or on behalf of the seller.
2. Deviation from these terms and conditions is only possible if this has been expressly agreed in writing by the parties.
Article 3: Payment
1. The full purchase price is always paid immediately in the store. When making reservations, in some cases a deposit is expected. In that case, the buyer will receive proof of the reservation and the prepayment.
2. If the buyer does not pay on time, he is in default. If the buyer remains in default, the seller is entitled to suspend the obligations until the buyer has fulfilled his payment obligation.
3. If the buyer remains in default, the seller will proceed to collection. The costs related to such collection shall be borne by the buyer. These collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
4. In the event of liquidation, bankruptcy, attachment or suspension of payment of the buyer, the seller’s claims against the buyer are immediately due and payable.
5. If the buyer refuses to cooperate with the execution of the order by the seller, he is still obliged to pay the agreed price to the seller.
Article 4: Offers, quotations and price
1. Offers are without obligation, unless a term of acceptance is stated in the offer. If the offer is not accepted within that term, the offer will lapse.
2. Delivery times in quotations are indicative and if they are exceeded, they do not entitle the buyer to dissolution or compensation, unless the parties have expressly agreed otherwise in writing.
3. Offers and quotations do not automatically apply to repeat orders. The parties must agree this expressly and in writing.
4. The price stated on offers, quotations and invoices consists of the purchase price including the VAT due and any other government levies.
Article 5: Right of withdrawal
14 day trial – We only want satisfied customers.
That is why you have a cooling-off period of 14 days on every order you place with us as a consumer.
This means that you can see, feel and touch the product during this period. Perhaps what you have ordered is not what you were looking for or a color or size is just not the right one. In almost all cases you can return your purchase to us.
For example, you can test your product indoors or on your own site, but not already make a 20-kilometer tour.
Information if you make an online purchase at escooter nederland.
You have the right to cancel your online order up to 14 days after receipt without giving any reason. The consumer has in any case observed the return period if he returns the product before the reflection period has expired. Only the costs for return from your home to escooter Netherlands are for the consumer’s own account. Please refer to the terms and conditions below for exact rates. If you make use of your right of withdrawal, the product may not be registered during the 14-day cooling-off period. The product must be returned to the entrepreneur with all accessories supplied and – if reasonably possible – in its original condition, without damage (see article 5.2. paragraph 1.2.) and packaging if present. To exercise this right, you can only contact us in writing via info@escooter-winkel.nl.
*Exception right of withdrawal – customization, special designs and purchases after test drive.
Products that are tailor-made for the consumer and/or organization by means of for example: Logos, colours, adjustments to frame and exterior are not covered by the right of withdrawal. If you make a well-considered purchase after a test drive, it is also final. The right of withdrawal therefore does not apply. The sale is hereby final, either verbally or in writing after the agreement has been concluded.
You will always receive your invoice amount back within 14 days after receipt of the goods by Escooter Nederland.
Article 5.1: Right of withdrawal
Terms and Conditions Right of withdrawal online/webshop purchase
The consumer can dissolve an agreement with regard to the purchase of a product during a reflection period of 14 days without stating reasons if the return conditions are met. See article 5.2. The entrepreneur may ask the consumer for the reason for withdrawal, but not oblige him to state his reason(s).
The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with different delivery times.
if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
in the case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
Article 5.2: Right of withdrawal
Obligations of the consumer during the 14-day cooling-off period online purchase
1. During the reflection period, the consumer will handle the product with care; vehicle. He will only use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store and/or during a test drive.
2.Return conditions. This means not registered, damage free, in original condition such as 14 days reflection period at the start, not tinkered with by unauthorized persons and/or companies; Only have modifications and repairs carried out by escooter Nederland. or partners and professionals authorized by escooter netherlands.
3. The consumer is liable for the expenses incurred and depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.2.
Article 5.2. Depreciation percentage may differ per model.
4. The consumer is not liable for depreciation of the product if the entrepreneur has not offered him all legally required information about the right of withdrawal before or during the purchase or delivery.
Article 5.3: Right of withdrawal.
Exercise of the right of withdrawal by the consumer and costs thereof
1. If the consumer makes use of his right of withdrawal, he will report this within the cooling-off period by means of an email with the subject: withdrawal or in another written way to escooter nederland.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or hands it over to (an authorized representative of) the entrepreneur. The consumer has in any case observed the return period if he returns the product before the reflection period has expired.
3. The consumer returns the product with all accessories supplied, if reasonably possible in its original condition and (packaging if still present), and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer bears the direct costs of returning the product.
6.If the consumer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.
Article 5.4: Right of withdrawal – The agreement: Online purchases
1. Subject to the provisions of paragraph 4, the agreement is concluded 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 can 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 ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. Within legal frameworks, the entrepreneur can inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons, or to attach special conditions to the execution.
5. The entrepreneur will provide the following information to the consumer at the latest upon delivery of the product, service or digital content. The entrepreneur may also refer the consumer to the website with the current general terms and conditions and/or right of withdrawal. The entrepreneur is also obliged to provide the contact details of the entrepreneur where the consumer can go with complaints;
the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
the information about warranties and existing after-sales service;
the price including all taxes of the product, service or digital content; to the extent applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
Article 5.5: Right of withdrawal – Cancellation Physical purchase before/after delivery
1. The consumer or organization has the authority to cancel the purchase agreement, regardless of whether escooter nederland. has failed in its obligations.
2. This cancellation can only take place in writing. The buyer is obliged to compensate the seller for all damage that he suffers as a result of the cancellation within one week after this cancellation.
3. This damage suffered is determined at 15% of the purchase price incl. VAT of the canceled vehicle.
4. If the consumer or organization has not paid this compensation within 10 days, escooter nederland has the right to inform the buyer in writing that he requires compliance with the concluded agreement. In that case, the consumer or organization can no longer invoke the cancellation.
5. If you cancel/return your product after the legal cooling-off period. See article 5.1. is escooter netherlands. Forced to charge 50% cancellation costs of the total purchase price.
Article 6: Amendment of the agreement
1. If during the execution of the agreement it appears that it is necessary for the proper execution of the assignment to change or supplement the work to be performed, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.
2. If the parties agree that the agreement will be amended or supplemented, the time of completion of the execution may be affected as a result. The seller will inform the buyer of this as soon as possible.
3. If the amendment or addition to the agreement has financial and/or qualitative consequences, the seller will inform the buyer of this in advance in writing.
4. If the parties have agreed on a fixed price, the seller will indicate to what extent the amendment or supplement to the agreement will result in this price being exceeded.
5. Contrary to the provisions of the third paragraph of this article, the seller cannot charge additional costs if the change or addition is the result of circumstances that can be attributed to it.
Article 7: Completion and transfer of risk
1. As soon as the purchased item has been received by the buyer, the risk is transferred from seller to buyer.
Article 8: Research, complaints,
1. The buyer is obliged to inspect the delivered goods at the time of delivery, but in any case within the shortest possible period of time. In doing so, the buyer must investigate whether the quality and quantity of the delivered goods correspond to what the parties have agreed upon, or at least whether the quality and quantity meet the requirements that apply to them in normal (trade) traffic.
2. Complaints with regard to damage, shortages or loss of delivered goods must be submitted in writing to seller within 10 working days after the day of delivery of the goods.
3. In the event of a well-founded statement of the complaint within the stipulated period, the seller has the right to either repair or deliver again, or to refrain from delivery and to send the buyer a credit note for that part of the purchase price.
4. Minor and/or industry-standard deviations and differences in quality, number, size or finish cannot be invoked against the seller.
5. Complaints with regard to a certain product do not affect other products or parts belonging to the same agreement.
6. After the goods have been processed by the buyer, no further complaints will be accepted.
Article 9: Samples and models
1. If a sample or model has been shown or provided to the buyer, it is presumed to have been provided only as an indication, without the item to be delivered having to comply with it. This is different if the parties have expressly agreed that the item to be delivered will correspond to this.
2. In the case of agreements relating to immovable property, a statement of the surface area or other dimensions and indications is also presumed to be only intended as an indication, without the item to be delivered having to correspond to this.
Article 10: Delivery
1. Delivery is made «ex works/shop/warehouse». This means that all costs are for the buyer.
2. The buyer is obliged to take delivery of the goods at the moment that the seller delivers them or has them delivered to him, or at the moment at which these goods are made available to him in accordance with the agreement.
3. If the buyer refuses to accept or is negligent in providing information or instructions necessary for the delivery, the seller is entitled to store the item at the buyer’s expense and risk.
4. If the goods are delivered, the seller is entitled to charge any delivery costs.
5. If the seller needs information from the buyer for the execution of the agreement, the delivery time will commence after the buyer has made this information available to the seller.
6. A delivery term specified by the seller is indicative. This is never a deadline. If the term is exceeded, the buyer must give the seller written notice of default.
7. The seller is entitled to deliver the goods in parts, unless the parties have agreed otherwise in writing or if partial delivery does not have an independent value. In the event of delivery in parts, the seller is entitled to invoice these parts separately.
Article 11: Force majeure
1. If the seller cannot, not timely or not properly fulfill his obligations under the agreement due to force majeure, he is not liable for damage suffered by the buyer.
2. By force majeure, the parties mean in any case any circumstance that the seller could not take into account at the time of entering into the agreement and as a result of which the normal performance of the agreement cannot reasonably be required by the buyer, such as illness, war or danger of war, civil war and riot, molestation, sabotage, terrorism, power outage, flood, earthquake, fire, occupation, strikes, worker lockout, changed government regulations, transportation difficulties, and other disturbances in seller’s business.
3. Furthermore, the parties understand by force majeure the circumstance that supply companies on which the seller depends for the execution of the agreement, do not fulfill the contractual obligations towards the seller, unless the seller can be blamed for this.
4. If a situation as referred to above arises as a result of which the seller cannot fulfill its obligations towards the buyer, those obligations will be suspended as long as the seller cannot fulfill its obligations. If the situation referred to in the previous sentence has lasted for 30 calendar days, the parties have the right to dissolve the agreement in writing in whole or in part.
5. If the force majeure lasts longer than three months, the buyer has the right to dissolve the agreement with immediate effect. Dissolution can only be done by registered letter.
Article 12: Transfer of rights
1. Rights of either party under this Agreement are not transferable without the prior written consent of the other party. This provision applies as a stipulation with effect under property law as referred to in Section 3:83(2) of the Dutch Civil Code.
Article 13: Retention of title and right of retention
1. The goods present at the seller and the goods and parts delivered remain the property of the seller until the buyer has paid the entire agreed price. Until that time, the seller can invoke its retention of title and take back the goods.
2. If the agreed amounts to be paid in advance are not paid or are not paid on time, the seller has the right to suspend the work until the agreed part has been paid after all. Then there is creditor default. In that case, a late delivery cannot be invoked against the seller.
3. The seller is not authorized to pledge or in any other way encumber the goods subject to retention of title.
4. The seller undertakes to insure the goods delivered to the buyer subject to retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the policy available for inspection on first request.
5. If goods have not yet been delivered, but the agreed advance payment or price has not been paid in accordance with the agreement, the seller has the right of retention. The item will not be delivered until the buyer has paid in full and in accordance with the agreement.
6. In the event of liquidation, insolvency or suspension of payment of the buyer, the buyer’s obligations are immediately due and payable.
Article 14: Liability
1. Any liability for damage arising from or in connection with the execution of
Article 15: Complaint obligation
1. The buyer is obliged to immediately report complaints about the work performed to the seller. The complaint contains as detailed a description as possible of the shortcoming, so that the seller is able to respond adequately.
2. If a complaint is justified, the seller is obliged to repair the good and possibly replace it.
We recommend that you first make complaints known to us by emailing info@escooter-winkel.nl
You can also always report your complaint to the European ODR platform, where you as a consumer can go with your complaints!
This is possible via the link below, or email address:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN
info@odrnederland.nl
Article 16 Explanation of guarantee.
1.1 Escooter Netherlands aluminum/steel frames are guaranteed for 2 years against construction and/or material defects.
1.2 No warranty is given on parts that are subject to wear, such as tires, lighting, electric motor, spring parts, bearings and brake pads, unless there is a question of construction assembly and/or material faults.
1.3 For other parts, if properly maintained, a warranty of 1 year applies. For additional provisions, see Article 2.
Warranty conditions
Article 16.1 General warranty
1. If guarantees are included in the agreement, the following applies. The seller guarantees that the item sold complies with the agreement, that it will function without defects and that it is suitable for the use that the buyer intends to make of it. This warranty applies for a period of 2 calendar years after receipt of the sold item by the buyer.
2. The guarantee referred to is intended to bring about a distribution of risk between the seller and the buyer such that the consequences of a breach of a guarantee are always fully at the expense and risk of the seller and that the seller can never invoke article 6:75 of the Dutch Civil Code. The provisions of the previous sentence also apply if the infringement was known to the buyer or could have been known by conducting an investigation.
3. The aforementioned warranty does not apply if the defect has arisen as a result of injudicious or improper use or if – without permission – the buyer or third parties have made changes or have tried to make them or have used the purchased item for purposes for which it was not intended. .
4. If the warranty provided by the seller relates to an item produced by a third party, the warranty is limited to the warranty provided by that producer.
5. Water damage found on electronic parts is not covered by the warranty. Escooter Nederland Makes every electric scooter splash-proof and is therefore not liable for any water damage to the supplied electric product.
Article 16.2: Regulations/conditions guarantee.
1. Storage regulation. The product delivered by Escooter Nederland must be stored in a dry place. If this is not possible, you should cover the product in such a way (by means of a rain cover or the like) so that it absorbs little or no water. This prevents any unnecessary electrical faults and/or defects.
2. Storage battery pack. The battery pack should be stored between the temperature min 0 to max 50 degrees Celsius and a dry place.
3. Charging battery. The first two charging procedures of the battery pack should be carried out as follows. Concerns the first charge cycle: From practically empty to fully charged. Concerns the second charging cycle: From practically empty to fully charged. This prevents unnecessary loss of battery capacity. We recommend that you constantly repeat this process for maximum battery capacity.
Article 16.2.A – Standard battery warranty period; Li-ion battery: 1 year.
If batteries, chargers or electronic parts show fall damage, the warranty will lapse.
Normal wear/reduction of battery capacity is not covered by the warranty. Batteries lose capacity over time. Li-ion batteries also lose capacity when they are not used. Batteries that are not used for more than one month can discharge themselves! This is dangerous for your battery. Batteries that are less than 10% charged must be charged immediately otherwise they will be damaged beyond repair and are not covered by the warranty. Escooter Nederland guarantees that the battery will retain at least 70% of its stated capacity within 1 year of purchase, provided that the charging and maintenance requirements of the battery are met.
Article 16.3 Warranty exclusions
3.1 The warranty expires in the following cases:
Improper and/or careless use of the product and use that is not in accordance with its intended purpose;
The product has not been maintained in accordance with the service booklet; Technical repairs have not been carried out in a professional manner;
Subsequent mounted parts do not correspond to the technical specification of the relevant electric scooter or have been incorrectly mounted; If proof of ownership (registered), proving that the electric vehicle was professionally assembled and checked before it was delivered to the customer, is not present or is not signed by the seller;
The products have been sprayed clean with water under pressure, such as with a garden hose and or high-pressure sprayer;
3.2 Furthermore, liability of Escooter Nederland is expressly excluded for damage to (parts of) the electric vehicles as a result of:
Incorrect adjustment/tension of handlebars, stem, saddle, seatpost, brakes, tires, quick-release wheels and spoke tension if applicable; Battery lock, side standard.
Failure to replace parts such as battery, brake, brake pads, tires, chain and sprockets in time;
Incorrect or insufficient lubrication of rotating/moving parts under lifted parts and/or parts for which this has been specified.
Climatic influences such as normal weathering of paint, rust or chrome rust.
Conformity and warranty
Escooter Nederland guarantees that the delivered product meets the agreement and the specifications of the offer. Escooter Nederland guarantees that the product has those properties that, in view of all circumstances, including the price, are necessary for normal use, as well as for special use insofar as this has been agreed.
Escooter Nederland does not guarantee the soundness of the product if the consumer does not or not properly comply with the instructions or regulations given by Escooter Nederland.
A scheme offered by Escooter Nederland as a guarantee does not affect the rights and claims that the consumer can assert under the law with regard to an attributable shortcoming in the fulfillment of the obligations of Escooter Nederland.
Unless expressly agreed otherwise in writing, Escooter Nederland guarantees for the new goods delivered: 1 year for newly delivered electric vehicles, 2 years on the frame (rust deposits are not covered by warranty), 1 year for the battery pack on Escooter Nederland purchased after May 8, 2016, excluding all wearing parts such as tires, brake pads/discs and bearings. The aforementioned periods commence on the day of delivery, unless the nature of the delivery dictates otherwise or the parties have agreed otherwise.
The warranty claim does not apply to defects caused by: – normal wear and tear; – the consumer does not (adequately) ensure timely and correct maintenance, in accordance with the maintenance instructions; – damage caused by sharp objects, pets and other items that have nothing to do with normal use by people; – repairs or interventions carried out by persons who are not authorized (in writing) to do so.
If an appeal is made to service that does not fall under the warranty conditions as described in the previous paragraphs, the costs thereof will be charged to the consumer at an hourly rate of € 55.00 per hour, plus the material costs and call-out costs of € 49. .00 per ride, with a starting rate of € 15.00. When using service on the Wadden Islands, the call-out costs from the mainland – which in any case include the costs of the crossing to and from the Wadden Islands – are for the account of the consumer.
Escooter Nederland is never liable for consequential damage