These General Terms and Conditions of the Dutch Home Shopping Organization (hereinafter: Thuiswinkel.org) were drawn up in consultation with the Consumers’ Association (Consumentenbond) within the framework of the Coordination Group for Self-Regulation Consultation (CZ) of the Social and Economic Council, and enter into force on 1 June 2014.
Table of contents:
Article 1 – Definitions
Article 2 – Identity of the trader
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Consumer’s obligations during the reflection period
Article 8 – Exercising the right of withdrawal by the consumer and the costs thereof
Article 9 – Trader’s obligations in the event of withdrawal
Article 10 – Exclusion of the right of withdrawal
Article 11 – The price
Article 12 – Performance and additional guarantee
Article 13 – Delivery and execution
Article 14 – Continuing transactions: duration, termination and renewal
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Disputes
Article 18 – Sector guarantee
Article 19 – Additional or deviating provisions
Article 19.1 – Security deposit, loss, insurance and deductible for bicycle rental
Article 20 – Amendment of the Thuiswinkel General Terms and Conditions
In these terms and conditions, the following definitions apply:
- Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract, and these items, digital content and/or services are supplied by the trader or by a third party on the basis of an arrangement between that third party and the trader;
- Reflection period: the period within which the consumer may exercise the right of withdrawal;
- Consumer: the natural person who is not acting for purposes relating to his trade, business, craft or profession;
- Day: calendar day;
- Digital content: data produced and supplied in digital form;
- Continuing agreement: an agreement providing for the regular supply of goods, services and/or digital content over a certain period;
- Durable medium: any tool – including e-mail – that enables the consumer or trader to store information addressed personally to him in a way that allows future consultation or use during a period that is appropriate for the purpose for which the information is intended, and that allows unchanged reproduction of the stored information;
- Right of withdrawal: the consumer’s option to withdraw from the distance contract within the reflection period;
- Trader: the natural or legal person who is a member of Thuiswinkel.org and offers products, (access to) digital content and/or services to consumers at a distance;
- Distance contract: a contract concluded between the trader 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 contract exclusive or joint use is made of one or more means of distance communication;
- Model withdrawal form: the European model withdrawal form included in Annex I to these terms and conditions; Annex I does not have to be made available if the consumer has no right of withdrawal with regard to his order;
- Means of distance communication: a means that can be used for concluding an agreement without consumer and trader having to be simultaneously present in the same place.
Article 2 – Identity of the trader
Name of trader: Yellow Bike BV
Trading under the name(s):
– Yellow Bike
Registered address:
Nieuwezijds Kolk 29, Amsterdam
Telephone number: 020-6206940
Availability:
Monday through Sunday from 09:30 to 17:00
E-mail address: [email protected]
Chamber of Commerce number: 34220416
VAT number: NL814109457B01
Article 3 – Applicability
- These general terms and conditions apply to every offer made by the trader and to every distance contract concluded between the trader and the consumer.
- 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 trader will indicate, before the distance contract is concluded, how the general terms and conditions can be inspected at the trader’s premises and that they will be sent free of charge to the consumer as soon as possible upon request.
- If the distance contract is concluded electronically, then, contrary to 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 to the consumer free of charge electronically or otherwise upon request.
- If, in addition to these general terms and conditions, specific product or service conditions also apply, paragraphs 2 and 3 apply accordingly and, in the event of conflicting conditions, the consumer may always rely on the applicable provision that is most favorable to him.
Article 4 – The offer
- If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
- The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the trader uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the trader.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer.
Article 5 – The agreement
- Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfills the conditions set for it.
- If the consumer has accepted the offer electronically, the trader will confirm receipt of acceptance of the offer without delay electronically. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the agreement.
- If the agreement is concluded electronically, the trader will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer can pay electronically, the trader will observe appropriate security measures.
- Within legal limits, the trader may investigate whether the consumer can meet his 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 trader has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons, or to attach special conditions to its execution.
- The trader will provide the consumer, at the latest upon delivery of the product, service or digital content, 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 trader’s establishment where the consumer can submit 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 guarantees and existing after-sales service;
d. the price including all taxes of the product, service or digital content; where applicable, delivery costs; and the method of payment, delivery or execution of the distance contract;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
f. if the consumer has a right of withdrawal, the model withdrawal form. - In the case of a continuing transaction, the provision in the previous paragraph applies only to the first delivery.
Article 6 – Right of withdrawal
For products:
- The consumer may dissolve an agreement relating to the purchase of a product without giving reasons during a reflection period of no later than 12 hours before departure. The trader may ask the consumer for the reason for withdrawal, but may not oblige the consumer to state his reason(s).
- The reflection period referred to in paragraph 1 begins 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:a. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, receives the last product. The trader may refuse an order for multiple products with different delivery times, provided he has clearly informed the consumer of this prior to the ordering process.b. if delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, receives the last shipment or the last part;c. for agreements for regular delivery of products during a specific period: the day on which the consumer, or a third party designated by him, receives the first product.
For services and digital content not supplied on a tangible medium:
- The consumer may dissolve a service agreement and an agreement for the supply of digital content not supplied on a tangible medium without giving reasons up to 12 hours before departure. The trader may ask the consumer for the reason for withdrawal, but may not oblige the consumer to state his reason(s).
- The reflection period referred to in paragraph 3 begins on the day after the agreement is concluded.
Extended reflection period for products, services and digital content not supplied on a tangible medium if not informed about the right of withdrawal:
- If the trader has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period expires twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.
- If the trader has provided the information referred to in the previous paragraph to the consumer within twelve months after the start date of the original reflection period, the reflection period expires no later than 12 hours before departure days after the day on which the consumer received that information.
Article 7 – Consumer’s obligations during the reflection period
- During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The starting point is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
- The consumer is only liable for any diminished value of the product resulting from handling the product in a way that goes beyond what is permitted in paragraph 1.
- The consumer is not liable for diminished value of the product if the trader did not provide him with all legally required information about the right of withdrawal before or when concluding the agreement.
Article 8 – Exercising the right of withdrawal by the consumer and the costs thereof
- If the consumer exercises his right of withdrawal, he will notify the trader within the reflection period by means of the model withdrawal form or in another unambiguous way.
- As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer will return the product, or hand it over to the trader (or an authorized representative). This is not necessary if the trader has offered to collect the product himself. The consumer has observed the return period in any case if he returns the product before the reflection period has expired.
- The consumer returns the product with all supplied accessories, if reasonably possible in its original condition and packaging, and in accordance with the trader’s reasonable and clear instructions.
- The risk and burden of proof for the correct and timely exercise of the right of withdrawal rests with the consumer.
- The consumer bears the direct costs of returning the product. If the trader has not stated that the consumer must bear these costs, or if the trader indicates that he will bear the costs himself, the consumer does not have to bear the return costs.
- If the consumer withdraws after first expressly requesting that the performance of the service or the supply of gas, water or electricity not put up for sale in a limited volume or certain quantity begins during the reflection period, the consumer owes the trader an amount proportional to that part of the obligation that has been performed by the trader at the time of withdrawal, compared with full performance of the obligation.
- The consumer does not bear costs for the performance of services or the supply of water, gas or electricity not put up for sale in a limited volume or quantity, or for the supply of district heating, if:a. the trader has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement in the event of withdrawal or the model withdrawal form; or
b. the consumer has not expressly requested the start of performance of the service or supply of gas, water, electricity or district heating during the reflection period. - The consumer does not bear costs for the full or partial delivery of digital content not supplied on a tangible medium, if:a. prior to delivery he did not expressly consent to the start of performance of the agreement before the end of the reflection period;
b. he did not acknowledge losing his right of withdrawal when giving his consent; or
c. the trader failed to confirm this statement by the consumer. - If the consumer exercises his right of withdrawal, all additional agreements are dissolved by operation of law.
Article 9 – Trader’s obligations in the event of withdrawal
- If the trader enables the consumer to notify withdrawal electronically, he will send a confirmation of receipt without delay after receiving this notification.
- The trader reimburses all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the trader offers to collect the product himself, he may wait with reimbursement until he has received the product or until the consumer demonstrates that he has returned the product, whichever is earlier.
- The trader uses the same means of payment used by the consumer for reimbursement, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.
- If the consumer chose a more expensive method of delivery than the cheapest standard delivery, the trader does not have to reimburse the additional costs for the more expensive method.
Article 10 – Exclusion of the right of withdrawal
The trader may exclude the following products and services from the right of withdrawal, but only if the trader has clearly stated this in the offer, or at least in good time before concluding the agreement:
- Products or services whose price is subject to fluctuations in the financial market over which the trader has no influence and which may occur within the withdrawal period.
- Agreements concluded during a public auction. A public auction means a method of sale whereby products, digital content and/or services are offered by the trader to the consumer who is personally present or given the opportunity to be personally present at the auction, under the direction of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content and/or services.
- Service agreements, after full performance of the service, but only if:a. performance has begun with the consumer’s express prior consent; and
b. the consumer has declared that he loses his right of withdrawal once the trader has fully performed the agreement. - Package travel as referred to in Article 7:500 of the Dutch Civil Code and passenger transport agreements.
- Service agreements for the provision of accommodation, where the agreement provides for a specific date or period of performance and other than for residential purposes, freight transport, car rental services and catering.
- Agreements relating to leisure activities, where the agreement provides for a specific date or period of performance thereof.
- Products manufactured to the consumer’s specifications, which are not prefabricated and are produced on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person.
- Products that spoil quickly or have a limited shelf life.
- Sealed products that are not suitable for return due to health protection or hygiene reasons and whose seal has been broken after delivery.
- Products that, by their nature, are irrevocably mixed with other products after delivery.
- The supply of digital content other than on a tangible medium, but only if:
a. performance has begun with the consumer’s express prior consent; and
b. the consumer has declared that he thereby loses his right of withdrawal.
Article 11 – The price
- 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.
- Contrary to the previous paragraph, the trader may offer products or services with variable prices whose prices are subject to fluctuations in the financial market over which the trader has no influence. This link to fluctuations and the fact that any stated prices are indicative prices will be stated in the offer.
- Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
- Price increases from 3 months after the conclusion of the agreement are only permitted if the trader has stipulated this and:a. they result from statutory regulations or provisions; or
b. the consumer is authorized to terminate the agreement from the day on which the price increase takes effect. - The prices stated in the offer of products or services include VAT.
Article 12 – Performance of the agreement and additional guarantee
- The trader guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the existing statutory provisions and/or government regulations on the date of conclusion of the agreement. If agreed, the trader also guarantees that the product is suitable for other than normal use.
- Any additional guarantee provided by the trader, his supplier, manufacturer or importer never limits the statutory rights and claims that the consumer may assert against the trader under the agreement if the trader has failed to perform his part of the agreement.
- “Additional guarantee” means any commitment by the trader, his supplier, importer or producer in which this party grants the consumer certain rights or claims that go beyond what he is legally obliged to do in the event he has failed to perform his part of the agreement.
Article 13 – Delivery and execution
- The trader will exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
- The place of delivery is the address made known by the consumer to the trader.
- With due observance of what is stated in Article 4 of these general terms and conditions, the trader will execute accepted orders promptly, but at the latest within 30 days, unless another 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 informed 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.
- After dissolution in accordance with the previous paragraph, the trader will refund the amount paid by the consumer without delay.
- The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or to a representative designated in advance and made known to the trader, unless expressly agreed otherwise.
Article 14 – Continuing transactions: duration, termination and renewal
Termination:
- The consumer may terminate an agreement entered into for an indefinite period and which provides for the regular supply of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
- The consumer may terminate an agreement entered into for a fixed period and which provides for the regular supply of products (including electricity) or services at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
- The consumer may terminate the agreements referred to in the previous paragraphs:a. at any time and not be limited to termination at a specific time or during a specific period;
b. at least in the same manner as they were entered into by him;
c. always with the same notice period as the trader has stipulated for himself.
Renewal:
- An agreement entered into for a fixed period that provides for the regular supply of products (including electricity) or services may not be tacitly renewed or renewed for a fixed period.
- Contrary to the previous paragraph, an agreement entered into for a fixed period that provides for the regular supply of daily, news and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, if the consumer can terminate this renewed agreement at the end of the renewal with a notice period of no more than one month.
- An agreement entered into for a fixed period that provides for the regular supply of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month. The notice period is at most three months in the event the agreement provides for the regular, but less than once per month, supply of daily, news and weekly newspapers and magazines.
- An agreement with a limited duration for the regular introductory supply of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the end of the trial or introductory period.
Duration:
- If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 15 – Payment
15.1. Unless otherwise provided in the agreement or additional terms, amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or, if there is no reflection period, within 14 days after concluding the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received confirmation of the agreement.
15.2. In the sale of products to consumers, the consumer may never be obliged in general terms and conditions to make advance payment of more than 50%. When advance payment has been agreed, the consumer may assert no rights regarding the execution of the relevant order or service(s) before the agreed advance payment has taken place.
15.3. The consumer has a duty to report inaccuracies in provided or stated payment details to the trader without delay.
15.4. If the consumer does not meet his payment obligation(s) in time, after the trader has pointed out the late payment and the trader has granted the consumer a period of 14 days to still meet his payment obligations, and payment is not made within this 14-day period, the consumer owes statutory interest on the outstanding amount and the trader is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the next €2,500; and 5% on the next €5,000, with a minimum of €40. The trader may deviate from the stated amounts and percentages in favor of the consumer.
15.5. Yellow Bike invoices are sent digitally (by e-mail in PDF format) by default. Entering invoices or data into supplier portals, booking systems or other administrative systems of the client is not part of Yellow Bike’s standard services.
15.6. If the client requires Yellow Bike to manually enter invoices or data into an external system, Yellow Bike is entitled to charge an administrative surcharge of €25 per invoice, unless otherwise agreed in writing. Any additional time involved in supplementary administrative procedures of the client may be charged on to the client on the basis of the applicable hourly rate.
Article 16 – Complaints procedure
- The trader has a sufficiently publicized complaints procedure and handles the complaint in accordance with this procedure.
- Complaints about the performance of the agreement must be submitted to the trader within a reasonable time after the consumer has discovered the defects, fully and clearly described.
- Complaints submitted to the trader are answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.
- A complaint about a product, service or the trader’s service may also be submitted via a complaint form on the consumer page of Thuiswinkel.org’s website (www.thuiswinkel.org). The complaint will then be sent both to the relevant trader and to Thuiswinkel.org.
- The consumer must in any case give the trader 4 weeks to resolve the complaint by mutual consultation. After this period, a dispute arises that is eligible for the dispute settlement procedure.
Article 17 – Disputes
- Only Dutch law applies to agreements between the trader and the consumer to which these general terms and conditions relate.
- Disputes between the consumer and the trader about the conclusion or performance of agreements relating to products and services to be supplied or supplied by this trader may, with due observance of the provisions below, be submitted by both the consumer and the trader to the Thuiswinkel Disputes Committee, P.O. Box 90600, 2509 LP The Hague (www.sgc.nl).
- A dispute will only be handled by the Disputes Committee if the consumer first submitted his complaint to the trader within a reasonable time.
- If the complaint does not lead to a solution, the dispute must be submitted to the Disputes Committee in writing or in another form to be determined by the Committee no later than 12 months after the date on which the consumer submitted the complaint to the trader.
- If the consumer wishes to submit a dispute to the Disputes Committee, the trader is bound by this choice. Preferably, the consumer first notifies the trader of this.
- If the trader wishes to submit a dispute to the Disputes Committee, the consumer must state in writing within five weeks after a written request by the trader whether he wishes this as well or whether he wishes the dispute to be handled by the competent court. If the trader does not receive the consumer’s choice within the five-week period, the trader is entitled to submit the dispute to the competent court.
- The Disputes Committee makes its ruling under the conditions laid down in the rules of procedure of the Disputes Committee (www.degeschillencommissie.nl/over-ons/de-commissies/2404/thuiswinkel). The decisions of the Disputes Committee are by way of binding advice.
- The Disputes Committee will not handle a dispute or will discontinue handling if the trader has been granted a moratorium, has been declared bankrupt, or has фактически ceased business activities before a dispute has been heard by the Committee at the hearing and a final ruling has been issued.
- If, alongside the Thuiswinkel Disputes Committee, another recognized disputes committee affiliated with the Foundation for Consumer Disputes Committees (SGC) or the Financial Services Complaints Institute (Kifid) is competent, then for disputes mainly concerning the method of distance selling or service provision, the Thuiswinkel Disputes Committee is preferably competent. For all other disputes, the other recognized disputes committee affiliated with SGC or Kifid.
Article 18 – Sector guarantee
- Thuiswinkel.org guarantees compliance by its members with the binding advice issued by the Thuiswinkel Disputes Committee, unless the member decides to submit the binding advice to the court for review within two months after it is sent. This guarantee revives if the binding advice remains in force after review by the court and the judgment confirming this has become final. Up to a maximum amount of €10,000 per binding advice, this amount will be paid by Thuiswinkel.org to the consumer. For amounts exceeding €10,000 per binding advice, €10,000 will be paid out. For the remainder, Thuiswinkel.org has an obligation of best efforts to ensure that the member complies with the binding advice.
- To apply this guarantee, the consumer must make a written appeal to Thuiswinkel.org and assign his claim against the trader to Thuiswinkel.org. If the claim against the trader exceeds €10,000, the consumer will be offered to assign his claim for the part exceeding €10,000 to Thuiswinkel.org, after which this organization will, in its own name and at its own expense, claim payment in court for the benefit of the consumer.
Article 19 – Additional or deviating provisions
Additional provisions or provisions deviating 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 they can be stored by the consumer in an accessible manner on a durable medium.
Article 19.1 – Security deposit, loss, insurance and deductible for bicycle rental
Purpose of the security deposit
The security deposit paid by the renter serves as security for the proper performance of all obligations under the rental agreement, including but not limited to timely return of the bicycle, return of the associated keys, and compensation for damage, loss or theft of the bicycle.
End of the rental
The rental period ends when the renter returns the bicycle and the associated keys to Yellow Bike. In the event of loss or (suspected) theft, the rental ends only when the keys have been received by Yellow Bike.
Failure to return the bicycle (loss)
If the renter fails to return the rented bicycle at the end of the rental period, this is regarded as loss of the bicycle, unless the renter makes it plausible that theft occurred or another cause beyond his or her control.
Removal by the municipality
If the bicycle is removed by or on behalf of the municipality, for example due to incorrect parking, improper storage or violation of local regulations, this is regarded as loss, unless the renter contacts Yellow Bike without delay and provides all reasonably required cooperation to locate and recover the bicycle.
Active approach by Yellow Bike
In the event of loss, (suspected) theft or failure to return the bicycle on time, Yellow Bike will make active efforts to contact the renter and inform the renter about:
- the situation observed;
- the renter’s obligations; and
- the possible financial consequences if there is no response or cooperation.
Renter’s duty to cooperate
In the event of loss, (suspected) theft or failure to return the bicycle, the renter is obliged to provide timely and full cooperation by:
- contacting Yellow Bike without delay;
- providing all reasonably available information about the bicycle’s location; and
- returning the bicycle keys to Yellow Bike as soon as possible.
Insurance and deductible
If the renter has taken out insurance offered by Yellow Bike and returns the bicycle keys in time, the renter’s liability in the event of loss or theft of the bicycle is limited to a deductible of up to €60 per bicycle.
Loss of insurance and replacement value
If the keys are not returned, any entitlement to insurance lapses and the renter may be held fully liable for the damage, regardless of the cause of the loss or theft. Recoverable damage equals the current replacement value of the bicycle. For Yellow Bike’s average city bicycles this is indicative at approximately €300. For e-bikes and special bicycles, Yellow Bike reserves the right to apply the current market price necessary to replace the bicycle.
Ultimum remedium: reallocation and charging
Only if the renter, despite repeated and reasonable attempts by Yellow Bike to make contact, gives no response at all and provides no cooperation, is Yellow Bike entitled to administratively classify the bicycle as a lost bicycle and to reallocate the security deposit in whole or in part and/or charge the amounts due to the payment method used, insofar as legally permitted.
Prior notice
Before any reallocation or charging, Yellow Bike will explicitly inform the renter of the intended decision and provide the renter with a reasonable period to proceed with payment or consultation.
Additional liability
The security deposit and the deductible do not limit the renter’s liability. If the total damage, costs (including municipal fines, storage, administrative or collection costs) or replacement value of the bicycle exceed the security deposit or deductible, Yellow Bike reserves the right to recover the excess from the renter.
Article 20 – Amendment of the Thuiswinkel General Terms and Conditions
- Thuiswinkel.org will not amend these general terms and conditions except in consultation with the Consumers’ Association (Consumentenbond).
- Amendments to these terms and conditions only take effect after they have been published in an appropriate manner, provided that, in the event of applicable amendments during the term of an offer, the provision most favorable to the consumer will prevail.
Thuiswinkel.org
www.thuiswinkel.org
Horaplantsoen 20, 6717 LT Ede
P.O. Box 7001, 6710 CB Ede
Annex I: Model withdrawal form
Model withdrawal form
(complete and return this form only if you wish to withdraw from the agreement)
a. To: [name of trader]
[geographical address of trader]
[fax number of trader, if available]
[e-mail address or electronic address of trader]
b. I/We* hereby notify you that I/We* withdraw from our agreement concerning:
the sale of the following products: [product designation]*
the supply of the following digital content: [digital content designation]*
the performance of the following service: [service designation],
withdraw/withdraw
c. Ordered on*/received on* [date of order for services or receipt for products]
d. [Name of consumer(s)]
e. [Address of consumer(s)]
f. [Signature of consumer(s)] (only if this form is submitted on paper)
- Delete what does not apply or fill in what applies.