Terms and conditions

Below you will find the general terms and conditions of 36 Cycling BV. This is an English translation; in the event of any discrepancy between this translation and the Dutch version, the Dutch version shall prevail. This page consists of two parts:

• General Terms and Conditions 36 Cycling BV – Custom Made Sports Wear
• Web shop 36 Cycling.com – General Terms and Conditions

General Terms and Conditions 36 Cycling BV – Custom Made Sports Wear

Article 1 – Definitions

1.1 Supplier: 36 Cycling BV

1.2 Client: the natural person or legal entity that has instructed the supplier to deliver goods, manufacture items or perform work;

1.3 In writing: in these General Terms and Conditions, “in writing” means: by letter or by e-mail.

Article 2 – Applicability of these terms and conditions

2.1 These General Terms and Conditions apply to the formation, content and performance of all agreements – including future agreements – under which 36 Cycling supplies or makes available goods and/or performs any other service.

2.2 The client of 36 Cycling is hereinafter referred to as the CLIENT. Any general terms and conditions presented by the CLIENT to 36 Cycling at any time are expressly rejected.

2.3 Deviations from these General Terms and Conditions are only valid if they have been expressly agreed in writing between 36 Cycling and the CLIENT. If one or more provisions of these General Terms and Conditions are ultimately null and void or voidable, or otherwise (prove to) be inapplicable, the other provisions of these General Terms and Conditions shall remain fully applicable.

2.4 36 Cycling reserves the right to amend and/or supplement these General Terms and Conditions at any time

2.5 36 Cycling is entitled to engage third parties in the performance of an agreement with the CLIENT

Article 3 – Formation of the agreement, samples, intellectual property

3.1 36 Cycling is entitled to hold the CLIENT to the details of the purchase/service stated in its quotations, order confirmations and invoices, unless the CLIENT disputes the accuracy of those details, stating reasons, within fourteen days of receiving those documents. Unless stated otherwise, quotations from 36 Cycling are without obligation. The agreement is formed when the CLIENT accepts the offer of 36 Cycling in writing, or when 36 Cycling carries out what the CLIENT requires. If an agreement is formed on the basis of a non-binding quotation from 36 Cycling, 36 Cycling is entitled to revoke that quotation within five working days of its acceptance, with the result that no agreement is deemed to have been formed. 36 Cycling is not obliged to check the accuracy of the information it receives from the CLIENT. If its offer does not result in an agreement and it has incurred costs, 36 Cycling is entitled to charge those costs to the CLIENT.

3.2 The CLIENT bears the risk of incorrect transfer of data to 36 Cycling.

3.3 If 36 Cycling shows or provides documentation, an image, a sample or a model to the CLIENT, this is done for indicative purposes only, without the performance having to correspond to it, unless and insofar as the parties expressly agree otherwise. If a sample or trial shipment is retained by the CLIENT, 36 Cycling is entitled to charge for that shipment at its normal prices. Custom made clothing made especially for the customer will always be charged to the customer.

3.4 In the case of digital samples, 36 Cycling is not responsible for any optical colour difference between the image and reality. The specified PMS colour is decisive in this respect. If the CLIENT specifies incorrect PMS numbers, the CLIENT is responsible and any costs of the products or of correcting them shall be borne by the CLIENT.

3.5 All intellectual property rights associated with the Product, for example in quotations, drawings and other documents made available – both digital and physical – are vested in 36 Cycling. These may only be made available to a third party if 36 Cycling, upon request, grants written permission to do so. 36 Cycling is entitled to demand the return of these documents at any time it deems appropriate. If the CLIENT does not return the documents demanded by 36 Cycling, or makes them available to third parties without the permission of 36 Cycling, the CLIENT shall forfeit a penalty of EUR 2,000.00 per occurrence, without prejudice to the right of 36 Cycling to claim damages.

3.6 The CLIENT indemnifies 36 Cycling against claims by third parties for alleged infringement of property rights, patents, copyrights or other intellectual property rights in connection with the performance of the agreement.

Article 4 – Delivery and risk

4.1 Unless agreed otherwise, delivery takes place ex 36 Cycling in Moordrecht or at another location to be determined in consultation with the CLIENT. The risk of the Product passes to the CLIENT at the moment the Product leaves the premises of 36 Cycling for transport to the CLIENT or to a location specified by the CLIENT, even if ownership of the Product has not yet been transferred, or if 36 Cycling has informed the CLIENT that the Product is ready for shipment and the CLIENT has subsequently not provided any further or adequate instructions. Any storage shall be at the expense and risk of the CLIENT.

4.2 The CLIENT is obliged towards 36 Cycling to take receipt of the Product immediately as soon as it is offered. If the CLIENT does not take receipt of the Product, the Product shall be deemed delivered at the moment 36 Cycling offered it, and from that moment 36 Cycling shall keep it at the expense and risk of the CLIENT. In that case, 36 Cycling is also entitled to invoice the CLIENT.

4.3 Agreed delivery periods – even if a specific end date or period has been agreed – are approximate and are not strict deadlines, unless expressly agreed otherwise. In the event of late delivery, 36 Cycling must be given notice of default in writing, granting 36 Cycling a reasonable period, to be determined in consultation with it, to still perform. The delivery period only commences, and there is only an obligation to deliver, once agreement has been reached on all technical details and after all information from the CLIENT required for the performance of the agreement has been received and, where applicable, the CLIENT has made the agreed advance payment.

4.4 36 Cycling is entitled to deliver the goods in instalments, provided this is done within the agreed period or within the period extended on the basis of the previous/following paragraph. Unless agreed otherwise, 36 Cycling is always entitled to make deliveries cash on delivery.

4.5 The delivery period is also extended in the event of a temporary extension of up to two weeks as referred to in article 12 paragraph 7. In that case, without the CLIENT being entitled to dissolve the agreement, the delivery period is extended by the period for which the impediment continues, plus a period within which 36 Cycling can reasonably proceed to delivery.

4.6 Unless agreed otherwise, 36 Cycling determines the manner in which the Product is transported.

4.7 If the CLIENT wishes to return goods to 36 Cycling, the prior consent of 36 Cycling is always required. The costs of the return are borne by the CLIENT and the goods travel at the CLIENT’s risk. However, if the return, after consent has been given by 36 Cycling, takes place in the context of an alleged attributable failure on the part of 36 Cycling, the return is at the expense of the party found to be in the wrong.

4.8 In the case of print orders or special production, 36 Cycling is entitled to deliver 10% more/less than the agreed quantity, and to charge for the actual quantity delivered.

4.9 In these general terms and conditions, delivery also includes completion.

Article 5 – Delivery of sublimated / printed goods

5.1 If 36 Cycling is instructed to deliver products specially processed or assembled for the CLIENT, the CLIENT is obliged to supply directly reproducible material of good quality.

5.2 36 Cycling is only obliged to submit a sample/print proof to the CLIENT for approval prior to delivery if the CLIENT has stipulated this in writing. In such a case, 36 Cycling is obliged to submit a print proof to the CLIENT no later than five weeks after the formation of the agreement and after receipt of the material to be reproduced. The sample/print proof is deemed to have been approved if the CLIENT does not respond otherwise within 5 working days of receipt.

5.3 Unless expressly agreed otherwise, all costs of printing or related services are always charged separately to the CLIENT and are not included in the prices agreed with the CLIENT.

5.4 Products that have been or are being processed and/or printed on behalf of the CLIENT can never be returned to 36 Cycling.

5.5 The processing and/or printing of products and/or goods supplied by the CLIENT is entirely at the risk, responsibility and expense of the CLIENT and, in the event of an incorrectly executed order by 36 Cycling, will never be reimbursed to the CLIENT and/or set off against other orders and/or invoices.

Article 6 – Advice, designs and materials

6.1 The information and advice provided by 36 Cycling are of a general nature only and without obligation.

6.2 36 Cycling accepts no responsibility for a design developed by or on behalf of the CLIENT, nor for materials prescribed or made available by the CLIENT. 36 Cycling is not obliged to check the soundness of any of these.

6.3 If 36 Cycling creates designs itself, it accepts responsibility for them, subject to any limitations that may be agreed.

6.4 If 36 Cycling manufactures goods on the basis of a design supplied by or on behalf of the CLIENT, 36 Cycling only accepts liability for the manufacture of the goods concerned in accordance with the order and for the soundness of the materials used, insofar as those materials have not been prescribed by the CLIENT. The CLIENT is entitled to have materials not prescribed by the CLIENT examined, prior to their processing by 36 Cycling, by the CLIENT or by third parties, but always at the CLIENT’s expense. If the CLIENT does not request and carry out such an examination in good time, the CLIENT cannot claim that the material used by 36 Cycling is defective in any way.

6.5 If, after the agreement has been formed, the CLIENT wishes 36 Cycling, in deviation from the provisions of this article, to assume full responsibility for the goods to be manufactured, including the design supplied by the CLIENT and the materials prescribed by the CLIENT, 36 Cycling must be given sufficient time to study all relevant information in order to reach a responsible decision on whether or not to assume that responsibility. 36 Cycling is entitled to charge the CLIENT for the costs it incurs in the context of the aforementioned examination, regardless of whether or not it agrees to assume responsibility.

6.6 36 Cycling never accepts any responsibility for parts of goods to be manufactured that the client has made available to it.

6.7 Size charts provided by 36 Cycling are always intended as a guideline. No rights can be derived from size charts provided if clothing turns out not to fit after delivery and 36 Cycling has delivered the clothing sizes ordered.

Article 7 – Security

7.1 36 Cycling is entitled to require security when entering into the agreement. Furthermore, 36 Cycling is entitled to require (additional) security during the performance of the agreement if it obtains indications of such a reduced creditworthiness of the CLIENT that it may reasonably doubt the proper fulfilment of the CLIENT’s obligations. This is in any case the case if the CLIENT, despite notice of default, fails to meet any of its payment obligations towards 36 Cycling

Article 8 – Retention of title and right of pledge

8.1 All deliveries are made subject to retention of title. 36 Cycling retains ownership of all goods delivered and to be delivered to the CLIENT under the agreement until the CLIENT:

• a. has paid the price of all those goods in full, plus any interest and costs due, and,
• b. has paid all claims in respect of work that 36 Cycling has performed or will perform for the CLIENT under the agreements concerned, and,
• c. has paid the claims that 36 Cycling acquires against the CLIENT if the CLIENT fails to fulfil the aforementioned obligations.

8.2 The CLIENT may not pledge the goods subject to retention of title in any way and/or use them as security for claims other than those of 36 Cycling. In the event of attachment by third parties, in particular in the case of pledges and seizures, the CLIENT must inform 36 Cycling immediately. The third party must be notified immediately of the retention of title of 36 Cycling. If a third party holds the goods on behalf of the CLIENT, the CLIENT is obliged, if it is in default towards 36 Cycling, to inform 36 Cycling of the name and address of that third party, and 36 Cycling is entitled to inform that third party that it must henceforth hold the goods on behalf of 36 Cycling. In the event of acts by the CLIENT that are contrary to the agreement, 36 Cycling is entitled to repossess the goods after a reminder, and the CLIENT is obliged to surrender them.

8.3 In addition, 36 Cycling has a right of pledge on all goods and documents of value that it holds/acquires on behalf of the CLIENT, as well as on all claims that 36 Cycling has/acquires against the CLIENT. The rights of pledge referred to in this paragraph serve as security for all claims that 36 Cycling has or will acquire against the CLIENT on any grounds whatsoever.

Article 9 – Prices

9.1 Unless stated otherwise, the prices quoted by 36 Cycling are exclusive of VAT. They are also based on the costs, materials and wages applicable on the date of the quotation. If a period of at least six months lies between the date of the quotation and the date of delivery and/or 1 January of any year has passed, and the costs of materials and/or wages change during that period, 36 Cycling is entitled to adjust the agreed price proportionally and to charge the difference to the CLIENT. This will be done as far as possible when invoicing a final instalment of the amount owed by the CLIENT.

9.2 36 Cycling is entitled to adjust its prices once a year, on 1 January. 36 Cycling will inform the CLIENT of this, stating reasons, no later than in the month of December.

9.3 The standard prices quoted by 36 Cycling are based on an order of at least 10 pieces per product. To determine the order size, different sizes of one product are added together. For smaller orders, 36 Cycling applies higher prices, as indicated in the price list for small quantities.

Article 10 – Payment and costs

10.1 In the event of a complaint in accordance with article 11 of these terms and conditions, as a result of which the CLIENT disputes part of an invoice, 36 Cycling will send two separate invoices, i.e. one invoice relating to the disputed amount of the invoice and one invoice relating to the undisputed amount of the invoice. The CLIENT is obliged to pay the invoice for the undisputed amount within 8 days of the invoice date, taking into account the default interest in accordance with art. 10.2 of these terms and conditions.

10.2 Unless agreed otherwise, payment must be made within 8 days of the invoice date. The CLIENT can never exercise any right of set-off or suspension. If 36 Cycling sends the CLIENT a specified statement of what the CLIENT owes 36 Cycling and of what 36 Cycling owes the CLIENT, that statement also serves as a declaration of set-off. As soon as the payment term expires, the CLIENT is in default without any notice of default being required and, from the due date, owes interest on the final amount of the invoice at the statutory interest rate plus 2% per year, with a minimum of 10% per year, until payment. At the end of each year, the amount on which the interest is calculated is increased by the interest due for that year.

10.3 If the CLIENT, despite notice of default, is attributably in default, 36 Cycling is entitled not only to dissolve the agreement concerned, but also to dissolve the other agreements between 36 Cycling and the CLIENT that have not yet been completed by written notice, or to suspend their performance. In that case, 36 Cycling is also entitled to claim everything the CLIENT owes it at once and/or to make future deliveries cash on delivery only. The rights described in this paragraph are without prejudice to the other rights of 36 Cycling under the law.

10.4 The CLIENT owes 36 Cycling all extrajudicial and judicial costs if it fails to pay a sum due and payable despite a reminder and 36 Cycling hands the claim over to third parties. If 36 Cycling takes protective measures, a reminder or the claim being due and payable is not required for costs to be owed. The extrajudicial costs are calculated on the basis of the collection rate most recently published by the Netherlands Bar Association, unless the claim is disputed and this rate is not sufficient/applicable, in which case these costs are calculated on the basis of the hourly rate normally charged by the lawyer of 36 Cycling for handling similar cases, plus the costs to be paid by the lawyer of 36 Cycling to third parties. The judicial costs are always charged to the CLIENT on the basis of the latter system, with as a minimum the amount to be assessed by the court outside the agreement. If 36 Cycling is partially found to be in the wrong, the costs will be reduced proportionally, unless the court is of the opinion that a reduction is not appropriate in view of the minor nature of the error made by 36 Cycling.

10.5 36 Cycling is entitled to split the total order invoice into partial invoices. If 36 Cycling is instructed to produce custom made clothing/products for the CLIENT, 36 Cycling is entitled to charge a down payment before placing the final production order. The remaining amount must be paid to 36 Cycling no later than 8 days after the date of the last partial invoice

10.6 Necessary packaging is charged to the CLIENT by 36 Cycling at cost price and is not taken back. Whether or not the use of packaging is necessary, and the type of packaging, is at the discretion of 36 Cycling.

10.7 Unless expressly agreed otherwise, all shipping costs are paid in full by the CLIENT.

10.8 Costs associated with making (clothing) samples and other types of proofs will always be recovered from the CLIENT by 36 Cycling.

Article 11 – Inspection and complaints

11.1 The CLIENT is obliged to inspect the Product delivered by 36 Cycling for soundness immediately after receipt, insofar as such inspection is reasonably possible, but in any case for quantity and immediately visible defects. If the CLIENT wishes to complain in this respect, it must in any case notify 36 Cycling in writing, stating the substance of the complaint, within five working days of delivery, using the form intended for this purpose, including an image.

11.2 Furthermore, the CLIENT must thoroughly inspect the goods/the performance within ten working days of delivery for conformity with what was agreed and, if a defect becomes apparent, submit a substantiated written complaint to 36 Cycling within five working days thereafter, using the form intended for this purpose.

11.3 If and insofar as it concerns defects that could not reasonably be discovered within the periods referred to in the previous two paragraphs, despite the inspection required there, the complaint must be submitted to 36 Cycling in writing, using the form intended for this purpose, within five working days, but in any case within the period of 6 months as described in article 11 paragraph 1, and always before the CLIENT processes the goods delivered by 36 Cycling, after the CLIENT has discovered or could reasonably have discovered a defect. This rule also applies if the goods lack a property that they possess according to a statement made by 36 Cycling, or if the deviation relates to facts that 36 Cycling knew or ought to have known but did not communicate to the CLIENT.

11.4 36 Cycling is not obliged to deal with complaints made after the periods referred to in this article, and such complaints do not lead to liability. If 36 Cycling nevertheless deals with such complaints, its efforts shall, unless agreed otherwise, be regarded as a goodwill gesture without acceptance of any liability. If it turns out that any complaint was made unjustly and 36 Cycling has performed work or delivered goods in that context, 36 Cycling is entitled to charge the CLIENT for this at its normal prices.

Article 12 – Liability and force majeure

12.1 If the CLIENT has complied with the rules laid down in this article and has purchased branded items from 36 Cycling, 36 Cycling can, subject to the provisions of these terms and conditions, only be held liable for an attributable failure for 6 months after the date of delivery/performance. However, if 36 Cycling can obtain satisfaction from its supplier amicably, by invoking the warranty provisions enclosed with the item concerned by the supplier of 36 Cycling, even after the aforementioned period of 6 months, 36 Cycling will pass on to the CLIENT what it obtains in this way.

12.2 If the CLIENT has purchased items other than 36 Cycling items from 36 Cycling, any form of compensation that 36 Cycling would owe on any grounds whatsoever is excluded, on the understanding that 36 Cycling, if the CLIENT has complied with the provisions of article 10, is obliged to make reasonable efforts to obtain satisfaction amicably from its supplier and to pass on what it obtains in this way to the CLIENT. With regard to the items referred to in the previous sentence, the provisions of the following paragraphs of this article therefore do not apply. If 36 Cycling is guilty of intent or gross negligence, the provisions of this paragraph do not apply.

12.3 If 36 Cycling acknowledges that it has attributably failed to perform, or if this is otherwise established, it is entitled, shortly after the CLIENT has invoked a failure, to inform the CLIENT that it will refund the price paid by the CLIENT, or that it will redeliver or deliver what is missing, perform the service again or carry out repairs free of charge.

12.4 If 36 Cycling performs shortly after the aforementioned notification, this means that the agreement will have been properly fulfilled or, in the case of a refund of the price, that the agreement has been dissolved, and the CLIENT is not entitled to compensation. The previous sentence does not apply if, prior to the notification referred to in the first sentence of this paragraph, the CLIENT had already rightfully dissolved the agreement out of court or had brought a claim for dissolution that is granted. Before performing the services referred to in this paragraph, 36 Cycling is entitled to require the CLIENT to return the goods in respect of which 36 Cycling has attributably failed to perform.

12.5 Except in the case of intent or gross negligence, if it is held that 36 Cycling owes monetary compensation on any grounds whatsoever, 36 Cycling limits its liability to a maximum of the price agreed (excluding VAT) for the performance/item that caused the damage (therefore not to the price of the delivery of which the item/performance concerned forms part). The CLIENT indemnifies 36 Cycling against all claims by third parties, insofar as these claims exceed the maximum referred to in the previous sentence. 36 Cycling is never liable for damage resulting from incorrect use and/or improper application of the goods delivered. 36 Cycling accepts no liability whatsoever for consequential or business loss, indirect damage and loss of profit or turnover.

12.6 In addition to what the law regards as force majeure, the following also constitute force majeure: strikes and/or illness of employees of 36 Cycling, non-performance and/or force majeure on the part of its suppliers, carriers or other third parties involved in the agreement, traffic disruption, natural disasters, war or mobilisation, restrictive measures by any government, fire and other accidents in its business, as well as other circumstances, insofar as as a result thereof the (further) performance of the agreement cannot reasonably, or not fully, be required of it and, moreover, the impediment can reasonably be expected to last longer than two weeks after the circumstance(s) causing it. Force majeure also exists if it is reasonably established that the impediment will make performance of the agreement wholly or partly permanently impossible. If there is force majeure in this way, each of the parties is entitled to dissolve the agreement wholly or partly for the part to which the force majeure relates, in which latter case the parties are obliged to perform the agreement for the part not dissolved. If dissolution takes place on the basis of this paragraph, neither party owes the other compensation with regard to the dissolved part of the agreement.

12.7 If there is an impediment that can reasonably be expected not to last longer than two weeks after the occurrence of the circumstance(s) referred to in the previous paragraph, there is no force majeure and, without either party being entitled to dissolve the agreement, the period within which 36 Cycling must deliver is extended by a corresponding period.

12.8 In this article, attributable failure also includes unlawful acts.

Article 13 – Privacy and personal data

13.1 If personal data are processed pursuant to the agreement, 36 Cycling will process such data only on behalf of the CLIENT and in accordance with the applicable data protection legislation. 36 Cycling will under no circumstances process the personal data for its own purposes. 36 Cycling is not authorised to disclose, provide or make available the personal data to a third party, other than as specifically agreed. 36 Cycling will take all appropriate technical and organisational measures to ensure that personal data are protected against destruction, loss or unlawful disclosure or other unlawful processing, including the unnecessary collection or further processing of personal data.

Article 14 – Communication

14.1 36 Cycling and the CLIENT will keep each other informed, in writing or orally, of information relevant to the performance of this agreement. This in any case includes any change of address of either party.

Article 15 – Applicable law and competent court

15.1 All agreements concluded by 36 Cycling are governed by Dutch law, to the exclusion, if it would otherwise apply, of the United Nations Convention on Contracts for the International Sale of Goods.

15.2 All disputes arising between 36 Cycling and the CLIENT to which these general terms and conditions apply shall, unless mandatory law prevents this, be settled by the competent court within the jurisdiction of the District Court of Leiden, the Netherlands, without prejudice to the right of 36 Cycling to bring proceedings against the CLIENT before the otherwise competent court.

Web shop 36 Cycling.com – General Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

1. Entrepreneur: the natural person or legal entity that offers products and/or services to consumers at a distance;

2. Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;

3. Distance contract: a contract where, within the framework of a system organised by the entrepreneur for the distance selling of products and/or services, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the contract;

4. Technique for distance communication: a means that can be used to conclude a contract without the consumer and the entrepreneur being together in the same room at the same time;

5. Cooling-off period: the period within which the consumer can exercise their right of withdrawal;

6. Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period;

7. Day: calendar day;

8. Continuing transaction: a distance contract relating to a series of products and/or services, where the obligation to deliver and/or purchase is spread over time;

9. Durable medium: any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.

Article 2 – Identity of the entrepreneur

36 Cycling BV trading under the name(s): 36 Cycling

Registered & visiting address: Westbaan 286 2841 MC Moordrecht, the Netherlands

Phone number: +31 (0)182 – 232 008 Availability: Monday to Friday from 9:00 to 17:00 E-mail address: info@36cycling.com

Chamber of Commerce number: 55679455

VAT identification number: NL8518.15.224.B01

Article 3 – Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.

2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, it will be indicated, before the distance contract is concluded, that the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent to the consumer free of charge as soon as possible upon request.

3. If the distance contract is concluded electronically, then, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated, before the distance contract is concluded, where the general terms and conditions can be consulted electronically and that they will be sent free of charge, electronically or otherwise, at the consumer’s request.

4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting general terms and conditions the consumer may always invoke the applicable provision that is most favourable to them.

Article 4 – The offer

1. If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.

2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.

3. Every offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer. This concerns in particular:

• the price including taxes;
• any delivery costs;
• the manner in which the contract will be concluded and which actions are required for this;
• whether or not the right of withdrawal applies;
• the method of payment, delivery or performance of the contract;
• the period for accepting the offer, or the period during which the price is guaranteed;
• the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the basic rate;
• if the contract is archived after its conclusion, how it can be consulted by the consumer;
• the manner in which the consumer can find out about actions they did not intend before concluding the contract, and the manner in which they can correct these before the contract is concluded;
• any languages in which, in addition to Dutch, the contract can be concluded;
• the codes of conduct to which the entrepreneur is subject and the manner in which the consumer can consult these codes of conduct electronically; and
• the minimum duration of the distance contract in the case of a contract for the continuous or periodic delivery of products or services.

Article 5 – The contract

1. Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and complies with the conditions set out therein.

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 receipt of this acceptance has not been confirmed, the consumer may dissolve the contract.

3. If the contract is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this purpose.

4. The entrepreneur may – within the legal framework – find out whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, on the basis of this investigation, the entrepreneur has good reason not to enter into the contract, it is entitled to refuse an order or request, stating reasons, or to attach special conditions to its performance.

5. With the product or service, the entrepreneur will send the consumer the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:

• a. the visiting address of the entrepreneur’s establishment where the consumer can go with complaints;
• b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
• c. information about existing after-sales service and guarantees;
• d. the information included in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the performance of the contract;
• e. the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.

6. If the entrepreneur has undertaken to supply a series of products or services, the provision in the previous paragraph only applies to the first delivery.

Article 6 – Right of withdrawal when products are delivered

1. When purchasing products, the consumer may dissolve the contract without giving reasons for a period of 14 days. This period commences on the day after receipt of the product by or on behalf of the consumer.

2. During this period, the consumer will handle the product and the packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all accessories supplied and – if reasonably possible – in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

Article 7 – Costs in the event of withdrawal

1. If the consumer exercises their right of withdrawal, at most the costs of return shipment will be at their expense.

2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.

Article 8 – Exclusion of the right of withdrawal

1. If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur has clearly stated this in the offer, or at least in good time before the contract is concluded.

2. The right of withdrawal can only be excluded for products:

• a. that have been made by the entrepreneur in accordance with the consumer’s specifications;
• b. that are clearly personal in nature;
• c. that by their nature cannot be returned;
• d. that can spoil or age quickly;
• e. whose price is linked to fluctuations on the financial market over which the entrepreneur has no influence;
• f. for single newspapers and magazines;
• g. for audio and video recordings and computer software of which the consumer has broken the seal.

3. The right of withdrawal can only be excluded for services:

• a. relating to accommodation, transport, restaurant services or leisure activities to be performed on a specific date or during a specific period;
• b. whose delivery has begun with the express consent of the consumer before the cooling-off period has expired;
• c. relating to bets and lotteries.

Article 9 – The price

1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.

2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are linked to fluctuations on the financial market and over which the entrepreneur has no influence at variable prices. This link to fluctuations and the fact that any prices stated are target prices are stated in the offer.

3. Price increases within 3 months of the conclusion of the contract are only permitted if they result from statutory regulations or provisions.

4. Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:

• a. they result from statutory regulations or provisions; or
• b. the consumer has the right to terminate the contract with effect from the day on which the price increase takes effect.

5. The prices stated in the offer of products or services include VAT.

Article 10 – Conformity and guarantee

1. The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations existing on the date the contract was concluded.

2. An arrangement offered as a guarantee by the entrepreneur, manufacturer or importer does not affect the rights and claims that the consumer can assert against the entrepreneur under the law and/or the distance contract in respect of a failure by the entrepreneur to fulfil its obligations.

Article 11 – Delivery and performance

1. The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.

2. The place of delivery is the address that the consumer has made known to the company.

3. With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously, but no later than within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified of this no later than one month after placing the order. In that case, the consumer has the right to dissolve the contract free of charge and is entitled to any compensation.

4. In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.

5. If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to make a replacement item available. At the latest upon delivery, it will be stated clearly and comprehensibly that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of return shipment are borne by the entrepreneur.

6. The risk of damage to and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless expressly agreed otherwise.

Article 12 – Continuing transactions

1. The consumer may terminate a contract concluded for an indefinite period at any time, subject to the agreed termination rules and a notice period of no more than one month.

2. A contract concluded for a definite period has a maximum term of two years. If it has been agreed that the distance contract will be extended if the consumer remains silent, the contract will be continued as a contract for an indefinite period and the notice period after continuation of the contract will be no more than one month.

Article 13 – Payment

1. Unless a later date has been agreed, the amounts owed by the consumer must be paid within fourteen days of delivery of the goods or, in the case of a contract for the provision of a service, within 14 days of the issue of the documents relating to this contract.

2. When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. If an advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the order or service(s) concerned before the stipulated advance payment has been made.

3. The consumer has the duty to report inaccuracies in payment details provided or stated to the entrepreneur without delay.

4. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints procedure

1. The entrepreneur has a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure.

2. Complaints about the performance of the contract must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has discovered the defects.

3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.

4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.

Article 15 – Disputes

1. Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are governed exclusively by Dutch law.

2. Disputes between the consumer and the entrepreneur about the conclusion or performance of contracts relating to products and services to be delivered or delivered by this entrepreneur may, subject to the provisions below, be submitted by both the consumer and the entrepreneur to the Geschillencommissie Thuiswinkel (Dutch Home Shopping Disputes Committee), Postbus 90600, 2509 LP The Hague, the Netherlands (www.sgc.nl).

3. A dispute will only be dealt with by the Disputes Committee if the consumer has first submitted their complaint to the entrepreneur within a reasonable time.

4. The dispute must be submitted to the Disputes Committee in writing no later than three months after the dispute arose.

5. If the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. If the entrepreneur wishes to do so, the consumer must state in writing, within five weeks of a written request to that effect by the entrepreneur, whether they also wish to do so or would prefer the dispute to be dealt with by the competent court. If the entrepreneur does not receive the consumer’s choice within the period of five weeks, the entrepreneur is entitled to submit the dispute to the competent court.

6. The Disputes Committee gives its ruling subject to the conditions laid down in the regulations of the Disputes Committee. The decisions of the Disputes Committee take the form of binding advice.

7. The Disputes Committee will not deal with a dispute, or will discontinue dealing with it, if the entrepreneur has been granted a suspension of payments, has been declared bankrupt or has actually ceased its business activities before a dispute has been dealt with by the committee at the hearing and a final ruling has been given.

8. If, in addition to the Geschillencommissie Thuiswinkel, another recognised disputes committee affiliated with the Stichting Geschillencommissies voor Consumentenzaken (SGC) or the Klachteninstituut Financiële Dienstverlening (Kifid) is competent, the Geschillencommissie Thuiswinkel has exclusive jurisdiction for disputes relating mainly to the method of distance selling or the provision of services at a distance. For all other disputes, the other recognised disputes committee affiliated with SGC or Kifid is competent.

Article 16 – Additional or deviating provisions

Provisions that are additional to or deviate from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable medium.

Article 17 – Personal data and privacy

1. The entrepreneur will process the consumer’s data exclusively in accordance with its privacy policy and will observe the applicable privacy rules and legislation

2. The entrepreneur considers it very important to handle the data provided by the consumer carefully and confidentially. When the consumer visits the website and/or places an order, various data are collected in order to offer the consumer the best possible service.

3. The consumer’s data are registered by the entrepreneur in a database which, in accordance with the General Data Protection Regulation (GDPR), is used exclusively for communication with its customers.

4. The consumer is always free to ask the entrepreneur which data about them have been processed. The consumer has the right to inspect and correct their data. If the consumer wishes to have their data removed from the database, they can indicate this in writing by post or e-mail. Changes are entered and processed immediately.

Specific conditions

Applicability of the general terms and conditions

These general terms and conditions of delivery apply to all contracts you conclude with 36 Cycling, whether they concern deliveries of items or the provision of services. By placing an order, you indicate that you agree to the general terms and conditions of delivery. 36 Cycling only delivers orders within the Netherlands. Delivery outside the Netherlands is possible to a limited extent, with different shipping methods and shipping costs.

Requesting the terms and conditions

These terms and conditions of delivery and payment of 36 Cycling are available on request from:
36 Cycling, web shop
Westbaan 286 2841 MC Moordrecht, the Netherlands. Delivery is subject to availability. All prices stated include VAT.

You will always be notified

All goods are usually available from stock. However, an item may occasionally be temporarily out of stock. In that case, you will generally be notified within one month and 36 Cycling will keep your order on hold.

Change of address

Customers are obliged to inform 36 Cycling of any change of address. As long as 36 Cycling has not received a notification of change of address, you are deemed to reside at the address last known to 36 Cycling and you remain liable for the items you ordered that were delivered to the old address.

Shipping abroad

36 Cycling ships products to almost all European countries and to the United States, Canada, Australia and New Zealand.

36 Cycling reserves the right to refuse shipments abroad without giving reasons.

Payment

You must pay for your order via iDEAL or bank transfer. If you believe that money has been wrongly debited from your account, please contact 36 Cycling. Payment in instalments is not permitted unless this option is specifically stated on the website.

Complaints procedure

If you have a complaint about a product delivered by 36 Cycling, you can contact our customer service. You can do this by e-mail: info@36cycling.com We aim to answer your e-mail within 3 working days.

Liability

36 Cycling is only liable for damage you have suffered if this damage is attributable to 36 Cycling or if it is at the risk of 36 Cycling under mandatory statutory provisions.

36 Cycling is not liable for damage resulting from your use of any item delivered by 36 Cycling, unless 36 Cycling is liable under any mandatory provision (product liability as referred to in article 6:185 et seq. of the Dutch Civil Code).

If 36 Cycling attributably fails to fulfil its obligations towards you, 36 Cycling is liable to you for compensation of the damage you have suffered. However, 36 Cycling is only liable for direct damage, which is understood to mean exclusively:

1. Damage directly caused to tangible property;

2. Reasonable costs incurred to determine the cause and extent of the damage, insofar as they relate to direct damage as referred to here;

3. Reasonable and demonstrable costs you incur to prevent or limit direct damage as referred to here.

The direct damage referred to above is eligible for compensation up to a maximum of the purchase price of the items concerned or, in the case of the provision of services, up to a maximum of the value of those services. Any damage other than that described under 1, 2 and 3 will not be compensated by 36 Cycling. This means, among other things, that the following will in no case be compensated: consequential damage, such as lost profits or reduced revenue, immaterial damage and pure financial loss other than mentioned under 2 and 3.

36 Cycling is not liable for any damage if it is caused by a failure resulting from force majeure. Force majeure exists if the failure is the result of circumstances beyond the control of 36 Cycling, which in any case include: war or similar situations, riots, sabotage, boycotts, strikes, occupations, blockades, illness of 36 Cycling staff, failure of suppliers and/or carriers of 36 Cycling, government measures (including those of a foreign government) such as a transport, import or production ban, natural disasters, bad weather, lightning strikes, fire, explosion and the release of hazardous substances or gases.

None of the above applies in the event of intent and/or gross negligence on the part of 36 Cycling. You must prove that there was intent or gross negligence on the part of 36 Cycling.

You are not permitted to set off any alleged claim for damages against any amount that 36 Cycling owes you under any agreement between 36 Cycling and you.

Natural persons or legal entities employed by 36 Cycling and/or used by 36 Cycling in the performance of any agreement between you and 36 Cycling, and against whom you claim damages, may also invoke the above provisions under the heading “liability”.