Terms and Conditions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

1. Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
2. Reflection period: the period within which the consumer can make use of their right of withdrawal;
3. Consumer: the natural person who is not acting for purposes relating to their trade, business, craft or professional activity;
4. Day: calendar day;
5. Digital content: data produced and supplied in digital form;
6. Duration agreement: an agreement that extends to the regular delivery of goods, services and/or digital content during a specific period;
7. Durable medium: any tool - including email - that enables the consumer or entrepreneur to store information that is personally addressed to them in a way that facilitates future consultation or use for a period appropriate to the purpose for which the information is intended, and allows for the unchanged reproduction of the stored information;
8. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;
9. Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
10. Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and/or services, whereby up to and including the conclusion of the agreement exclusive use is made of one or more means of distance communication;
11. Model withdrawal form: the European model withdrawal form included in Appendix I of these terms;
12. Technology for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to be together in the same space at the same time.

Article 2 - Identity of the entrepreneur

Smart Mobility Innovations B.V.
Storkstraat 5, 3833 LB Leusden
Phone number: (+31) 033 36 90 331
Email address: Show support email (customers)
Email address: Show corporate email (corporate)
Chamber of Commerce number: 82613710
VAT identification number: NL 862539493 B01

Article 3 - Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract established between entrepreneur and consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the consumer's request.
3. If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can 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, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or in another way 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 contradictory conditions, the consumer can always rely on the applicable provision that is most favorable 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 explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer are not binding for the entrepreneur.
3. Each offer contains such information that makes it clear to the consumer what rights and obligations are attached to accepting the offer.
4. The specifications and information about the products, such as range, are based on ideal conditions and serve as a guideline. The actual performance of electric bicycles may vary depending on factors such as rider weight, chosen support level, riding behavior, battery age and maintenance, as well as external conditions such as wind, temperature and terrain. No rights can be derived from this information.

Article 5 - The agreement

1. The agreement comes into effect, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and meets the corresponding conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. Until receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
3. If the agreement is created 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 take appropriate security measures.
4. The entrepreneur may - within legal frameworks - inquire about the consumer's ability to meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If the entrepreneur based on this investigation has good reasons not to enter into the agreement, they are entitled to refuse an order or request with reasons, or to attach special conditions to the implementation.
5. The entrepreneur will send the following information to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium, no later than delivery of the product, service or digital content:
• the visiting address of the entrepreneur's establishment where the consumer can lodge complaints;
• 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;
• the information about warranties and existing after-sales service;
• the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or implementation of the distance contract;
• the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;
• if the consumer has a right of withdrawal, the model withdrawal form.
6. In the case of an extended transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 - Right of withdrawal

For products:

1. The consumer can dissolve an agreement regarding the purchase of a product during a reflection period of at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but cannot obligate the consumer to state their reason(s).
2. The reflection period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:
• if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by them, has received the last product. The entrepreneur may, provided they have clearly informed the consumer about this prior to the ordering process, refuse an order of multiple products with different delivery times.
• if the delivery of a product consists of different shipments or parts: the day on which the consumer, or a third party designated by them, has received the last shipment or the last part;
• for agreements about regular delivery of products during a specific period: the day on which the consumer, or a third party designated by them, has received the first product.

Article 7 - Consumer obligations during the reflection period

1. During the reflection period, the consumer will handle the product and packaging with care. They will only unpack or 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 they would be allowed to do in a store.
2. The consumer is only liable for value depreciation of the product that is a consequence of handling the product in a way that goes beyond what is allowed in paragraph 1.
3. The consumer is not liable for value depreciation of the product if the entrepreneur has not provided them with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

1. If the consumer exercises their right of withdrawal, they shall notify this within the reflection period by means of the model withdrawal form or in another unambiguous way to the entrepreneur.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product themselves. The consumer has in any case observed the return period if they return the product before the reflection period has expired.
3. The consumer returns the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and 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. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates to bear the costs themselves, the consumer does not have to bear the costs for return shipment.
6. If the consumer withdraws after having first explicitly requested that the provision of the service or the supply of gas, water or electricity not made ready for sale in a limited volume or set quantity begins during the reflection period, the consumer owes the entrepreneur an amount that is proportional to that part of the commitment that the entrepreneur has fulfilled at the time of withdrawal, compared to complete fulfillment of the commitment.
7. The consumer shall bear no costs for the performance of services or the supply of water, gas or electricity, not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
   • the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement in case of withdrawal or the model form for withdrawal, or;
   • the consumer has not explicitly requested the start of the performance of the service or supply of gas, water, electricity or district heating during the reflection period.
8. The consumer shall bear no costs for the full or partial delivery of digital content not supplied on a tangible medium, if:
   • prior to delivery, they have not explicitly agreed to start the performance of the agreement before the end of the reflection period;
   • they have not acknowledged losing their right of withdrawal when giving their consent; or
   • the entrepreneur has failed to confirm this statement from the consumer.
9. If the consumer exercises their right of withdrawal, all supplementary agreements are legally dissolved.

Article 9 - Obligations of the entrepreneur in case of withdrawal

1. If the entrepreneur makes it possible for the consumer to notify their withdrawal electronically, they will send an acknowledgment of receipt immediately upon receiving this notification.
2. The entrepreneur will reimburse all payments from the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies them of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may wait with reimbursing until they have received the product or until the consumer demonstrates that they have returned the product, whichever comes first.
3. The entrepreneur will use the same payment method that the consumer used for reimbursement, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

Article 10 - Exclusion of right of withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur clearly stated this in the offer, at least in good time before the conclusion of the agreement:

1. Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;
2. Agreements concluded during a public auction. A public auction is understood to mean a sales method whereby products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or has the possibility to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
3. Service agreements, after full execution of the service, but only if:
   • the execution has begun with the consumer's explicit prior consent; and
   • the consumer has declared that they will lose their right of withdrawal once the entrepreneur has fully executed the agreement;
4. Package travel as referred to in Article 7:500 BW and passenger transport agreements;
5. Service agreements for providing accommodation, if a specific date or period of execution is provided in the agreement and other than for residential purposes, goods transport, car rental services and catering;
6. Agreements related to leisure activities, if a specific date or period of execution is provided in the agreement;
7. Products manufactured according to the consumer's specifications, which are not prefabricated and which are manufactured based on an individual choice or decision by the consumer, or which are clearly intended for a specific person;
8. Products that spoil quickly or have a limited shelf life;
9. Sealed products that are unsuitable for return due to health protection or hygiene reasons and whose seal has been broken after delivery;
10. Products that are irrevocably mixed with other products after delivery by their nature;
11. Alcoholic beverages whose price was agreed upon at the conclusion of the agreement, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market over which the entrepreneur has no influence;
12. Sealed audio, video recordings and computer software, whose seal has been broken after delivery;
13. Newspapers, periodicals or magazines, with the exception of subscriptions to these;
14. The delivery of digital content other than on a tangible medium, but only if:
    • the execution has begun with the consumer's explicit prior consent; and
    • the consumer has declared that they lose their right of withdrawal by doing so.

Article 11 - The price

1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur can offer products or services with variable prices that are subject to fluctuations in the financial market and where the entrepreneur has no influence. This linkage to fluctuations and the fact that any prices mentioned are target prices will be stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
   • they are the result of statutory regulations or provisions; or
   • the consumer has the authority to terminate the agreement effective from the day the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.

Article 12 - Agreement fulfillment and extra guarantee

1. The entrepreneur guarantees that the products and/or services fulfill the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the statutory provisions and/or government regulations that existed on the date that the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. An extra guarantee provided by the entrepreneur, their supplier, manufacturer or importer never limits the legal rights and claims that the consumer can enforce against the entrepreneur under the agreement if the entrepreneur has failed to fulfill their part of the agreement.
3. Extra guarantee means every commitment of the entrepreneur, their supplier, importer or producer in which they grant the consumer certain rights or claims that go beyond what is legally required in case they fail to fulfill their part of the agreement.

Article 13 - Delivery and execution

1. The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the entrepreneur.
3. Taking into account what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with appropriate speed but at least within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be fulfilled partially, the consumer will receive notification of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge and is entitled to any compensation.
4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid.
5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative made known to the entrepreneur, unless explicitly agreed otherwise.

Article 14 - Duration transactions: duration, termination and renewal

Termination:

1. The consumer can terminate an agreement that has been entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed termination rules and a notice period of no more than one month.
2. The consumer can terminate an agreement that has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time by the end of the fixed term, with due observance of the agreed termination rules and a notice period of no more than one month.
3. The consumer can cancel the agreements mentioned in the previous paragraphs:
   • at any time and not be limited to termination at a specific time or in a specific period;
   • at least cancel them in the same way as they were entered into by them;
   • always cancel them with the same notice period as the entrepreneur has stipulated for themselves.

Extension:

4. An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a definite period.
5. Contrary to the previous paragraph, an agreement that has been entered into for a definite period and which extends to the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a maximum of three months if the consumer can terminate this extended agreement towards the end of the extension with a notice period of no more than one month.
6. An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be automatically prolonged for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month.

Article 15 - Payment

1. Unless otherwise specified in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period, within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period begins on the day after the consumer has received confirmation of the agreement.
2. When selling products to consumers, the consumer may never be obliged in the general terms and conditions to pay more than 50% in advance. When advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the order or service(s) before the stipulated advance payment has been made.
3. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
4. If the consumer fails to meet their payment obligation(s) in a timely manner, after they have been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet their payment obligations, after the absence of payment within this 14-day period, the statutory interest will be owed on the amount still due and the entrepreneur is entitled to charge the extrajudicial collection costs they have incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% over the next € 2,500 and 5% over the next € 5,000 with a minimum of € 40. The entrepreneur can deviate from the stated amounts and percentages in favor of the consumer.

Article 16 - Complaints procedure

1. From February 15, 2016, consumers in the EU can also register complaints through the ODR platform of the European Commission. This ODR platform can be found at http://ec.europa.eu/odr. If your complaint has not yet been dealt with elsewhere, you are free to file your complaint through the European Union platform.
2. The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.

Article 17 - Disputes

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

Article 18 - Additional or different provisions

Additional provisions or provisions that differ from these general terms and conditions may not be to the detriment of the consumer and should be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.

Appendix I: Model withdrawal form

Model withdrawal form

(only complete and return this form if you wish to withdraw from the agreement)