Terms and conditions

Terms and Conditions of Awesome Bikes B.V. – Minica Cargo Bikes

Article 1 – Seller and scope
1. Awesome Bikes B.V., located at Mercurion 24, 6903 PZ Zevenaar, the Netherlands, and registered with the Dutch Chamber of Commerce under number 67089755, sells the Minica cargo bikes to which these terms and conditions apply.
2. These terms and conditions apply to offers and agreements between Awesome Bikes B.V. and consumers or business customers concerning Minica cargo bikes, parts and accessories, unless otherwise agreed in writing. Where a provision conflicts with mandatory consumer law, that law prevails.
3. Awesome Bikes makes these terms and conditions available before the agreement is concluded in a form that the buyer can save. They will be sent free of charge upon request.
4. A consumer is a natural person acting outside their trade, business or profession. Article 12 contains additional provisions for business customers.

Article 2 – Offers and orders
1. For each model, Awesome Bikes describes its essential features, configuration, included components, price, available options and any assembly services. Images are illustrative; the agreed specifications are decisive.
2. An obvious error in a price or description does not bind Awesome Bikes if the buyer could reasonably have understood that it was a mistake. Awesome Bikes will contact the buyer without delay in such a case.
3. The agreement is concluded when Awesome Bikes confirms the order or quotation in writing. An online order is confirmed electronically without delay. The buyer should report any error in their order as soon as possible before delivery.
4. Deviating specifications, personalisation and accessories are recorded separately in the order confirmation.

Article 3 – Prices and payment
1. Consumer prices include VAT. Additional charges for delivery, assembly or other services are stated separately and clearly before the agreement is concluded. Business prices exclude VAT unless otherwise stated.
2. The price in the order confirmation applies to the order. A subsequent price increase does not entitle Awesome Bikes to change the agreed consumer price unilaterally, except where a change follows directly from the law.
3. Payment methods and due dates are stated in the order confirmation. Consumers are not required to pay more than 50% in advance for a product that has yet to be delivered; voluntary payment in full in advance may be offered alongside a legally permitted payment option.
4. If a consumer pays late, they will first receive a free payment reminder allowing the period required by law before statutory interest and permitted debt collection costs may become payable.

Article 4 – Delivery and risk
1. Awesome Bikes delivers to the agreed address or makes the bike available for collection at the agreed location. The delivery area, delivery charges, assembly arrangements and expected delivery date are stated in advance.
2. Awesome Bikes informs the buyer promptly if delivery is delayed. If no delivery period has been agreed, delivery will take place no later than 30 days after the agreement is concluded. The buyer's statutory rights in the event of late delivery remain unaffected.
3. In a consumer sale, the risk of loss of or damage to the bike passes only when the consumer or a third party designated by the consumer, other than the carrier, physically receives it. For business deliveries, the separately agreed delivery terms apply.
4. Upon delivery, the buyer receives the user manual, necessary safety information and any agreed keys, charger and accessories. Visible transport damage may be reported immediately; failure to do so does not limit a consumer's statutory rights.

Article 5 – Use and safety
1. The buyer uses the bike in accordance with the supplied manual and applicable traffic rules. The stated maximum load, assembly instructions and guidance on the safe transport of children or goods must be followed.
2. The battery and charger must be used and charged in accordance with the supplied safety instructions. Use only suitable parts and have safety-critical repairs carried out by a qualified person.
3. These instructions do not limit the consumer's right to a conforming product or any other statutory rights.

Article 6 – Right of withdrawal for consumer purchases at a distance or off-premises
1. A consumer who purchases online, by telephone or otherwise at a distance, or concludes an agreement off-premises, may generally withdraw from the purchase without giving a reason up to and including 14 days after the day on which the consumer or a designated third party receives the bike. For deliveries in separate parts, the period starts after receipt of the final part. Withdrawal is also possible before delivery.
2. The consumer may withdraw by sending an unequivocal statement to [email address] or [postal address], using the model form in the appendix, or, for an online purchase, using the clearly visible withdrawal function on the website. No reason is required, and the consumer will receive confirmation of an online withdrawal.
3. After withdrawal, the consumer returns the bike within 14 days, unless Awesome Bikes has offered to collect it. Awesome Bikes provides a return address and practical instructions in advance for transporting the bike and battery safely.
4. The direct costs of returning a bike that cannot be returned by ordinary post are borne by the consumer only if Awesome Bikes clearly informed the consumer of those costs, or a reasonable estimate, before the purchase: [insert actual return costs or a reasonable estimate for each delivery area]. Otherwise, Awesome Bikes bears those costs. This does not apply where a return concerns a defect covered by the consumer's statutory rights; in that case the remedy is free of charge.
5. The consumer may inspect the bike as they would be able to in a shop. The consumer may be liable for any reduction in value resulting from handling beyond what is necessary for that purpose, provided Awesome Bikes properly informed the consumer of the right of withdrawal in advance. A short, careful inspection does not extinguish that right.
6. Awesome Bikes refunds all payments received for the withdrawn purchase, including the cost of the least expensive standard delivery option offered, within 14 days of receiving the withdrawal notice, using the same payment method unless the consumer agrees otherwise. Additional costs resulting from the consumer's choice of a more expensive delivery method need not be refunded. Awesome Bikes may withhold the refund until it has received the bike or the consumer provides evidence of having returned it, whichever occurs first.
7. The right of withdrawal does not apply only where a bike has genuinely been made to the consumer's individual specifications or is clearly personalised and falls within a statutory exception. Selecting from standard colours, models or accessories does not, by itself, make a bike a custom-made product for this purpose. Awesome Bikes expressly identifies any applicable exception before the order is placed.
8. There is no statutory right of withdrawal for a purchase made in a physical shop unless an additional return right has been agreed in writing. Rights relating to defects always remain in force.

Article 7 – Conformity, warranty and service
1. Awesome Bikes warrants that a bike sold to a consumer conforms to the agreement and meets the expectations the consumer may reasonably have of it. Statutory protection is not limited to a fixed period and does not automatically expire when a manufacturer's warranty ends.
2. A separate manufacturer's or commercial warranty applies only under the written warranty terms provided at the time of purchase and is in addition to statutory rights. A claim may always be submitted to Awesome Bikes as the seller at drive(at)awesomebikes.nl.
3. Where Awesome Bikes is responsible for a defect, the consumer is entitled under the law to repair or replacement free of charge and, where the statutory conditions are met, a price reduction or termination of the agreement. Necessary inspection, transport, labour and material costs for a valid statutory claim are not charged to the consumer.
4. Normal wear and tear, or damage caused by an accident, improper use or an unskilled intervention, is not in itself a defect for which Awesome Bikes is responsible. Awesome Bikes assesses each complaint in light of the specific circumstances; this provision does not alter the statutory burden of proof.
5. Batteries and electrical components are subject to the same statutory conformity rules. Any separate warranty document specifies the precise additional coverage and any maintenance requirements without limiting statutory rights.

Article 8 – Complaints
1. Complaints may be submitted to drive(at)awesomebikes.nl. The buyer should preferably include the order number, a description and, where relevant, photographs. Statutory complaints will also be handled without this information.
2. Awesome Bikes acknowledges receipt and provides a substantive response within 14 days or informs the buyer if more time is needed, indicating the expected response time.
3. The parties will first try to resolve a dispute through discussion. The consumer retains the right to bring the matter before a competent court.

Article 9 – Liability
1. Awesome Bikes is liable in accordance with the law. Nothing in these terms and conditions limits liability for intentional misconduct, gross negligence, personal injury or any other liability that cannot lawfully be excluded.
2. A buyer is responsible for damage demonstrably caused by improper use of the bike attributable to that buyer. This does not affect their statutory rights in the event of a defect.

Article 10 – Retention of title
The bike remains the property of Awesome Bikes until the purchase price has been paid in full, insofar as permitted by law. This does not cause risk in a consumer sale to pass to the consumer earlier than provided in Article 4.

Article 11 – Governing law and disputes
1. The agreement is governed by Dutch law. Consumers residing in another country retain any mandatory consumer rights applicable in their country of residence.
2. Disputes are submitted to the court having jurisdiction under the law. This provision does not limit a consumer's statutory ability to choose a competent court.

Article 12 – Additional provisions for business customers
1. The consumer right of withdrawal in Article 6 does not apply to buyers acting in the course of a trade, business or profession. Returns without a defect are possible only under a separate written agreement.
2. Business customers inspect the delivery within a reasonable period and report a discovered defect as soon as possible, with a clear description. This provision does not exclude a timely and reasonable claim under agreed or statutory rights.
3. Payment terms, specific warranties, delivery terms and any limitation of liability towards business customers apply only if expressly and validly agreed in the quotation or order confirmation. Mandatory law continues to apply.