Terms and Conditions
WheelGood Terms and Conditions
Article 1: Definitions
In these Terms and Conditions, the following definitions shall apply:
- Consumer: The natural person who is not acting for purposes related to his business or professional activity and who enters into a purchase agreement or order regarding a new or used two-wheeler, parts, or accessories.
- Day: Calendar day.
- Durable medium: Any means that enables the consumer or entrepreneur to store information addressed personally to him in a way that allows future consultation and unaltered reproduction of the stored information.
- Manufacturer's warranty: The warranty given by the manufacturer, importer, or entrepreneur on two-wheelers, parts, and accessories.
- Warranty: The repair and maintenance warranty.
- Assignment: The agreement concluded with the consumer to perform work such as assembly, dismantling, repair or maintenance work, voluntary or statutory inspections, damage assessments, or emergency repairs.
- Agreement: The agreement between Wheelgood and the Consumer for buying and selling a product or carrying out repair work.
- Distance contract: A contract concluded between the trader and the consumer under an organized distance sales system for the sale of products, digital content, and/or services, which, up to and including the conclusion of the contract, makes exclusive or joint use of one or more means of distance communication.
- Product: All products delivered to the Consumer by Wheelgood and/or third parties it engages, containing two-wheelers and parts and/or accessories of two-wheelers.
- Written: In writing or electronically.
- Two-wheeler: All types of (electric) bicycles.
- Wheelgood: The company that concludes an agreement regarding new and/or used parts or accessories or the person who, with regard to a two-wheeler, parts, or accessories, carries out or commissions a consumer order as referred to in Article 2 of these Terms and Conditions.
Article 2: Identity of the Entrepreneur
- Wheelgood V.O.F.
- Location & visiting address: Oudezijds Armsteeg 22, 1012 GP Amsterdam
- Phone number: +31 653 63 1973
- Chamber of Commerce Number: 68695373
- Email address: info@wheelgood.nl
Article 3: Applicability
- These General Terms and Conditions apply to all Agreements entered into between Wheelgood and the Consumer and to every Agreement in retreat between Wheelgood and the Consumer.
- Wheelgood can unilaterally change these Terms and Conditions if this is necessary for an update of these Terms and Conditions or if changed circumstances require it. Wheelgood will communicate a unilateral modification of these General Terms and Conditions with reasons to the Consumer. The Consumer has the right to cancel the Agreement after this notification. The most recent version of the General Terms and Conditions is always available to the Consumer via the Wheelgood website, where they can be saved.
- If the Distance Agreement is concluded, the text of these General Terms and Conditions will be made available to the Consumer. If this is not reasonably possible, before the Distance Agreement is concluded, Wheelgood will indicate how the General Terms and Conditions can be inspected at Wheelgood and that they will be sent free of charge to the Consumer upon request.
- If the Distance Contract is concluded electronically, notwithstanding the previous paragraph, and before the Distance Contract is concluded, the text of these General Terms and Conditions will be made available to the Consumer electronically in such a way that it can be easily stored by the Consumer 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 electronically or otherwise free of charge at the Consumer's request.
- The General Terms and Conditions also apply to additional amended orders from Consumers.
- If one or more provisions in these General Terms and Conditions are at any time void or annulled in whole or in part, the Agreement and these Terms and Conditions shall otherwise remain in force. The provision in question shall be replaced without delay by mutual agreement with a provision that approximates the purport of the original as closely as possible.
- In case of conflict between these General Terms and Conditions and the Agreement, the Agreement shall prevail.
Article 4: Execution of the Agreement
- Wheelgood will do its best to execute the work with care according to the requirements of good craftsmanship.
- Wheelgood reserves the right to have certain activities carried out by third parties. The applicability of articles 7:404, 7:407 paragraph 2, and 7:409 of the Dutch Civil Code is explicitly excluded.
- The Consumer will ensure that all information that Wheelgood indicates is necessary, or that the Consumer should reasonably understand is necessary for the execution of the Agreement, is provided to Wheelgood on time. If the information necessary for the execution of the Agreement is not provided to Wheelgood on time, Wheelgood reserves the right to suspend the execution of the Agreement and/or charge the Consumer for the extra costs resulting from the delay according to the then-usual rates.
- If a deadline is agreed upon or given for the execution of the activities, it is never a fatal deadline. In case a term is exceeded, the Consumer must declare Wheelgood in default in writing. Wheelgood must be offered a reasonable term to still execute the Agreement.
Article 5: Payment, Delivery, and Default
- All amounts mentioned in the invoice are in euros and exclusive of VAT unless stated otherwise. The amounts on the website include VAT unless otherwise stated.
- Wheelgood reserves the right to correct obvious mistakes in the quotation.
- Payment of a Product in the shop is made by cash or debit card payment. If the product is paid for via the website, payment is made by debit card.
- A delivery time given by Wheelgood is only an estimate and does not count as a deadline. Wheelgood is never liable for exceeding a given term.
- In the case of rental of a two-wheeler, payment is made in advance by the Consumer to Wheelgood.
- The Consumer has the duty to communicate inaccuracies in the payment details mentioned or provided to Wheelgood without delay.
- Payment in the shop must be made immediately. Payment via the webshop must be made immediately via PIN payment.
Article 6: Cancellation
- Cancellation of the Agreement must be explicitly confirmed by Wheelgood.
- In case an appointment has been made on the Wheelgood website, cancellation cannot take place once the appointment has been confirmed by Wheelgood. The time of receipt of this message by the Consumer is considered leading in this respect.
Article 7: Liability
- The Consumer is responsible for providing correct and representative data necessary for the execution of the Agreement. Wheelgood is not liable for damages toward the Consumer if the Consumer provided incorrect or unrepresentative data. Wheelgood does not guarantee that the Website and/or products are accessible at all times and without interruptions or failures. Wheelgood is in no way liable or accountable to the Consumer for any damage resulting from the (temporary) unavailability, (temporary) breakdown, and/or improper functioning of the Website and/or products.
- If Wheelgood is held liable, it will only be liable for direct damage actually suffered by the Consumer due to Wheelgood's demonstrable shortcomings in its services. The liability as referred to in this article is limited to the amount agreed with the Consumer.
- Wheelgood is not liable for indirect damage, including but not limited to consequential damage.
- Wheelgood is not liable for not or not timely fulfilling the obligations resulting from the Agreement if this is caused by force majeure in the sense of the law.
- The exclusion of liability does not apply in case of intent or deliberate recklessness on the part of Wheelgood.
Article 8: Warranty on Parts/Accessories and Repair Work
- Wheelgood guarantees, in accordance with article 7:17 of the Civil Code, that products sold by it are in accordance with the agreement concluded with the Consumer.
- If the Consumer (for whatever reason) is entitled to a (partial) refund with regard to the Product—for example, if a Product does not conform to the Agreement and repair or replacement of that Product is not or no longer possible—Wheelgood calculates this partial refund according to the age, mileage, and condition of the Product.
- Wheelgood guarantees that orders based on an Agreement have been executed well, or that it has had the orders executed well, and that good materials have been used in the process.
- The Consumer is obliged to report to Wheelgood within two months of discovering a problem/defect regarding a product sold and delivered or with regard to which Wheelgood has carried out repair work, in default of which the Consumer cannot claim a replacement, repair, or refund.
- In the case of replacement of a Product, it will be replaced by one that is at least in the same condition as the original part at the time of replacement.
Article 9: Storage Costs
If the Consumer does not collect the Two-wheeler within two weeks of receiving notice that the repair is ready, Wheelgood may charge a storage fee of EUR 10 per day.
Article 10: Right of Lien
Wheelgood can exercise a right of retention on the bicycle, part, or accessory. This means that Wheelgood can keep possession of the bicycle, part, or accessory until the Consumer has paid the bill for this or previous work or other costs.
Article 11: Processing of Personal Data
Consumers' personal data mentioned on the Agreement or theOrder are processed by Wheelgood in accordance with the General Data Protection Regulation (GDPR).
WheelGood Terms and Conditions for warranties
- General Conditions
By using our services, you agree to be bound by the following terms and conditions. These terms govern your relationship with WheelGood for any products and services purchased or received from us.
- Warranty Conditions
- Applicability:
The warranty applies to new and refurbished parts replaced by WheelGood. This warranty does not cover other components of the bike that are not replaced. For example, if a shifter is replaced and later the gear hub breaks, this is not a warranty situation. - Wear and Tear Components:
No warranty is provided for parts that naturally wear out due to regular use. This includes, but is not limited to: - Brakes
- Chain
- Tires
- Inner tubes
- Improper Use or Vandalism:
Warranty does not cover any damage caused by extreme or improper use of the bike or any form of vandalism. Examples of improper use include, but are not limited to: - Exceeding the bike's intended weight capacity
- Riding the bike in conditions not recommended by the manufacturer (e.g., deep water or heavy off-road use)
- Speed Modifications:
The warranty is voided if the bike has been modified to exceed the legal speed limit. Any modifications that alter the bike's performance beyond what is legally permissible will nullify the warranty.
- Battery and E-Shifter Warranty
- Battery Warranty:
Batteries provided by WheelGood come with at least 6-months warranty from the refurbisher (if picked up within 5 days after repair). This warranty is only valid for one replacement. If a battery fails a second time, WheelGood can replace the battery for €80, or the customer can contact the refurbisher directly using the information provided by WheelGood. - Battery Serial Number:
The serial number of the battery will be recorded on the waiver form and linked to the warranty. - E-Shifter Warranty:
The refurbished e-shifter has at least 11-month warranty from the date of pickup (if picked up within 5 days after repair). If the e-shifter fails within this period, WheelGood will replace it, and the customer will only pay for the service cost. The warranty replacement process can be done a maximum of three times. After this, the customer will need to manage the warranty process directly with the refurbisher using the information provided by WheelGood. - Second-Hand Components:
There is no warranty for second-hand components that are not refurbished.
- Refund Policy
Refunds are only possible under the following conditions:
- Legal and Warranty Obligations:
- Legal Warranty:
Under Dutch law, consumers have a right to a product that meets reasonable expectations during its lifespan. If a product fails within this expected period, even outside of any additional warranty, the customer may be entitled to a repair, replacement, or refund. - Voluntary or Manufacturer’s Warranty:
If a product covered by a specific warranty fails within the warranty period and repair or replacement is not possible, a refund may be required.
Refunds are not available for issues outside of these legal and warranty obligations, such as improper use or after the warranty period has expired.
- Reporting Issues
All issues related to parts or repairs must be flagged through the contact page on our website. Please visit WheelGood Contact Us to report any concerns. This ensures proper documentation and tracking of any issues related to our services.
- Waiver Agreement
Before booking an appointment, customers must read and agree to these Terms and Conditions. By agreeing to our terms and conditions, you acknowledge that:
- You understand that warranty replacements apply only to the parts replaced by WheelGood, not other components of the bike.
- You agree that there is no warranty for wear and tear components or parts damaged due to improper use or vandalism.
- You acknowledge that any modifications to the bike, such as increasing its speed beyond legal limits, will void the warranty.
- You understand the refund policy and agree that refunds are only possible within the framework of the legal and warranty obligations described above.
- You understand that all issues must be reported via the official contact page on our website.
Conclusion
By agreeing to these Terms and Conditions, you acknowledge that you have read and understood all the provisions outlined above, including the general conditions, warranty terms, refund policy, and waiver agreement. These terms are intended to protect both you as the consumer and WheelGood as the service provider. Should you have any questions or require clarification on any part of these terms, please contact us through our official channels before proceeding with any purchases or services.