Terms & conditions
GENERAL TERMS AND CONDITIONS, Intersens Bikes & Parts BV, Bedrijvenpark Twente 170, 7602 KE Almelo
Article 1. Area of application
- The Terms and Conditions apply to all offers and agreements to supply items and to perform work by Intersens Bikes & Parts BV (hereinafter referred to as Intersens). We reserve the right to amend these Terms and Conditions at any time. These Terms and Conditions are filed with the Chamber of Commerce in Hengelo and shall be forwarded on request by Intersens. The General Terms and Conditions are also available on the internet and can be downloaded from our website www.intersensbikes.com.
- Additional or other terms and conditions shall be applicable only after written acceptance by Intersens.
Article 2. Offer and Agreement
- All offers shall be without obligation and shall be made subject to technical changes. An offer shall be valid for 14 days.
- An agreement is concluded after a (written) order confirmation or if the execution of the agreement has been commenced by Intersens.
- The costs that have been incurred in the process of concluding an agreement shall be at the expense of the Client if the agreement is not concluded.
- Special conditions agreed with our representatives shall only become legally effective after they have been confirmed by us in writing.
- If the Client fails to fulfil its obligations resulting from prior agreements, Intersens shall be entitled to cancel further agreements without prejudice to its right to compensation for damage.
Article 3. Prices
- The prices are stated in euros, exclusive of BTW (Dutch VAT), packing and shipping costs, unless otherwise stated or agreed.
- Intersens reserves the right to change the prices at any time.
- Cost increases of items, wages, transport and price increases of suppliers, incurred after an offer has been made or after three months of conclusion of the agreement may be passed on.
- Additional charges imposed by the government are always calculated as such.
Article 4. Delivery
- Delivery shall take place ex warehouse (Ex Works) Almelo only, and the freight costs shall be at the expense and risk of the Client, unless otherwise agreed.
- Insurance of the items to be delivered shall exclusively be effected by order and at the expense of the Client.
- If the Client fails to meet its obligations, Intersens shall be entitled to suspend all deliveries until the time the Client has met its obligations.
- The stated delivery times are indicative and therefore not binding unless explicitly agreed otherwise. In the event of late delivery, Intersens must therefore be given written notice of default.
- Intersens shall be entitled to deliver in parts.
- Special offers are only valid for a limited period of time and always while supplies last.
Article 5. Force majeure
- In the event of force majeure, Intersens shall not be obliged to perform its obligations. In that case, there is no right to compensation for damages of the Client.
- Force majeure means a circumstance, beyond Intersens' will and sphere of influence, which obstructs delivery or execution or makes it impossible. Force majeure shall include: mechanical failures, transport delays, general lack of raw materials necessary, and other items or services required to carry out the agreed execution, strikes and non-timely deliveries by third parties.
- In the event of temporary force majeure, Intersens shall be entitled to suspend the execution. Intersens shall notify the Client of the force majeure event. Only if this force majeure should take longer than six weeks, the Client shall be entitled to dissolve the agreement without Intersens being obliged to pay compensation for damage.
- If Intersens has already partly met its obligations at the beginning of the force majeure, or can only partly meet its obligation, it shall be entitled to invoice separately the already delivered or deliverable part, and the Client shall be obliged to pay this invoice as if it were a separate agreement. However, this shall not apply if the already delivered or deliverable part has no independent value.
Article 6. Right of retention
- If Intersens has custody of any of the Client's items, it shall be entitled to keep those items in custody until the Client has paid all its debt of whatever nature and irrespective of whatever reason it has those items in custody.
Article 7. Retention of title
- The ownership of the items shall, despite the actual delivery, only be transferred after the Client has paid all its debt in full to Intersens.
- The Client shall not be entitled to avail of the items as long as the ownership is not transferred.
- If the Client fails to meet its obligations, or if there is a reasonable fear that it will fail to do so, Intersens shall be entitled to take back or have taken back the delivered items subject to the ownership rights referred to in paragraph 1.
Article 8. Intellectual property
- All texts, comments, illustrations and pictures on the websites and in brochures of Intersens are subject to copyright and are worldwide protected by an intellectual property right. Private use is only permitted in accordance with the provisions of Intellectual Property. Any other use without the prior permission of Intersens is a violation of the copyrights and a breach of the intellectual property rights.
Article 9. Complaints
- Complaints about delivered items or performed work must be reported to Intersens within eight days of delivery or completion of the work. In the event of a complaint, the Client shall be obliged to immediately give Intersens the opportunity to convince itself of the alleged faultiness, failing which any of the Client's rights relating to the faultiness shall lapse.
- The right to claim shall lapse if the item is not in its original condition. This also applies when the Client has made arrangements to improve the alleged faultiness by third parties.
- If a complaint is well-founded, Intersens should be given a reasonable period of time to make the necessary arrangements.
- In the event of failures, the compensation for damage attributed to the Client shall never exceed the invoice amount of the delivered items to which the failure is related.
- Complaints about invoices must be submitted in writing within fourteen days of the date of sending the invoices.
- Complaints shall not suspend the obligation to pay.
- Items may not be returned without prior written permission.
- If the complaints concern transit damages incurred to deliveries that are contrary to the provisions of Art. 4 paragraph 1 transported at the expense and risk of Intersens, the Client must clearly note this on the consignment note before signing it.
Article 10. Guarantee
- If any item shows material or manufacturing faults, the Client has the right to replacement, returning the concerned items or parts free of charge, within the guarantee period. If it is a material or manufacturing fault of a part of the delivered item, the specific part only shall be replaced.
- The guarantee does not extend to defects caused by normal wear and tear, incorrect handling, insufficient or improper maintenance.
- For a detailed list of guarantee periods and specific conditions we refer to our website www.intersensbikes.com.
- A guarantee claim exists only if the Client has fully met its obligations towards Intersens.
- The Client can never claim any compensation for damage or rebuilding compensation.
Article 11. Payment
- The invoices must be paid within thirty days of the invoice date (unless otherwise agreed). After exceeding the payment term, 1% delay interest shall be due per month or part of a month.
- In case of non-timely payment, the Client shall be obliged to pay the extrajudicial costs if Intersens is forced to charge a third party with the collection of the amount due. These expenses shall be calculated based on bailiff rate.
- The Client will be in default after expiry of thirty days of the invoice date, without a notice of default is required.
Article 12. Liability
- Unless in the event of gross negligence of Intersens, the liability towards the Client shall be limited to the invoiced value of the items delivered or the work performed.
- The Client shall indemnify Intersens against any claims from third parties, unless these claims are a direct consequence of gross negligence of Intersens and the Client is not at fault.
- Items of third parties that are being repaired or being processed at Intersens are only insured against fire. In the event of damage or loss due to fire, Intersens shall never have to compensate more than the amount it will receive in relation thereto under the fire insurance.
- All products offered are covered by the legislation in force in the Netherlands. Intersens cannot be held liable if the regulations of another country, where the products are delivered or used or improperly used, are not met.
Article 13. Nullity, voidability
- The nullity or voidability of any provision of these General Terms and Conditions shall not affect the validity of any other provisions.
Article 14. Applicable law and competent court
- All offers and agreements are subject to Dutch law.
- Insofar as permitted by law, only the Court in Almelo is competent to resolve disputes.