Article 11: Complaints

1. You must check the delivered goods immediately upon receipt and report any visible defects, damages, errors, defects, discrepancies in quantities, etc., on the shipping document/delivery note. In the absence of a shipping document/delivery note, you must report these complaints in writing to us within 2 working days of receipt. If you fail to report these complaints in a timely manner, the goods are deemed to have been received in good condition by you and in accordance with the agreement.
2. Other complaints must be reported immediately upon discovery – but no later than within the agreed warranty period – in writing to us. All consequences of not reporting immediately are at your risk.
3. If you do not report a complaint in a timely manner, you cannot invoke an agreed-upon warranty.
4. Complaints do not suspend your payment obligation.
5. The preceding paragraph does not apply to consumers.
6. You enable us to investigate the complaint and provide us with all relevant information. If a return is necessary for the investigation, the cost is at your expense unless your complaint proves to be valid later. You always bear the shipping/transport risk.
7. Returns take place in a manner determined by us and, if possible, in the original packaging.

Article 12: Guarantees

1. We carry out the agreed deliveries properly and in accordance with the standards applicable in our industry, but provide no further warranty than explicitly agreed upon with you.
2. We guarantee the usual quality and soundness of the delivered goods during the warranty period.
3. If the manufacturer/supplier provides a warranty for the delivered goods, this warranty applies in the same way between us. We will inform you accordingly.
4. If you intend to use the goods for a purpose other than the usual purpose, we guarantee suitability only if confirmed in writing by us.
5. You cannot invoke the warranty until you have paid the agreed price for the goods.
6. The preceding paragraph does not apply to consumers.
7. If you rightfully invoke an agreed warranty, we have the choice of free repair or free replacement of the goods or a refund/discount on the agreed price. If there is additional damage, the provisions of the liability article apply.
8. If you are a consumer, you may always choose free repair/free replacement of the goods, unless it cannot reasonably be requested from us. In this case, you may terminate the agreement or request a discount on the agreed price through a written statement addressed to us.

Article 13: Liability

1. Outside of expressly agreed or provided guarantees, we accept no liability.
2. We are only liable for direct damage. Any liability for consequential damage, such as business interruption, loss of profits, and suffered loss, delay damage, personal or bodily injury, is explicitly excluded.
3. You take all necessary measures to prevent or limit the damage.
4. If we are liable, our liability for damages is always limited to the amount our insurer pays in the relevant case. If no payment is made or the damage is not covered by our insurance, our liability is limited to a maximum of the invoice amount for the delivered goods.
5. All your claims for compensation for damage suffered expire in any case 6 months after you became aware of or could have been aware of the damage suffered by you, and therefore could have held us liable.
6. In deviation from the preceding paragraph, a term of 1 year applies to consumers.
7. We are not liable – and you cannot invoke the applicable warranty – if the damage arises from: a. your improper use, use contrary to the purpose of the delivered goods or use contrary to the instructions, advice, user manuals, guides, leaflets, etc., provided by or on behalf of us; b. your improper storage of the goods; c. aging/quality loss of the goods during your storage before any onward delivery to a third party; d. improper or insufficient maintenance of the goods; e. errors or incompleteness of the information provided by or on behalf of you to us; f. your instructions or directives; g. or as a result of a choice by you that deviates from our advice or what is customary; h. or because (repair) work or alterations/processing to the delivered goods have been carried out by or on behalf of you without our explicit prior permission.
8. In the situations mentioned in the preceding paragraph, you are fully liable for the resulting damage and indemnify us against claims from third parties.
9. The limitations of liability included in this article do not apply if the damage is due to our intent or deliberate recklessness or if the limitations conflict with mandatory legal provisions. Only in these cases do we indemnify you against claims from third parties.
10. We expressly point out that the sold tuning kits may only be used on roads closed to public traffic or on private property. The use of the sold products leads to the manipulation of the maximum speed of your bike, which is not allowed on public roads. Cycletech therefore accepts no liability whatsoever for future damage to objects and/or persons resulting from the installation of the tuning kits sold by us. No liability is also accepted for fines. Use is entirely at your own risk. The bike is not designed to travel at a higher speed than 25 kilometers per hour, so the bike can wear out considerably faster, reducing its lifespan. Wear and tear on your bike due to the use of a tuning kit is not covered by warranty, as the installation of a tuning kit is a modification or manipulation of your bike.

Article 14: Payment

1. We may always request (partial) advance payment or other security for payment from you.
2. Unless agreed otherwise, you shall pay within a term of 14 days from the invoice date. The accuracy of the invoice is deemed confirmed if you do not object within this payment term.
3. For orders through our website, you pay as indicated on the website.
4. If you have not (fully) paid within the payment term, you owe us default interest of 2% per month, cumulatively calculated on the principal amount. We calculate portions of a month as a full month. What does this cumulative monthly interest mean? In the first month after the expiration of the payment term, we calculate interest on the principal amount. In each subsequent month that you do not pay, we calculate interest on the principal amount plus the interest accumulated in the previous month(s).
5. For consumers, we calculate default interest of 6% per year, unless the legal interest is higher. In that case, the legal interest applies.
6. If your payment remains outstanding after a reminder, we may also charge extrajudicial collection costs amounting to 15% of the invoice amount, with a minimum of €40.00.
7. For consumers, upon a reminder, we allow a minimum period of 14 days after receiving this reminder to pay. If payment is again not forthcoming, the extrajudicial collection costs for consumers are: a. 15% of the amount of the principal sum for the first €2,500.00 of the claim (with a minimum of €40.00); b. 10% of the amount of the principal sum for the next €2,500.00 of the claim; c. 5% of the amount of the principal sum for the next €5,000.00 of the claim; d. 1% of the amount of the principal sum for the next €190,000.00 of the claim; e. 0.5% of the excess of the principal sum. All of the above with an absolute maximum of €6,775.00.
8. For the calculation of extrajudicial collection costs, we may increase the principal sum of the claim with the interest accumulated in that year after the expiration of 1 year.
9. If your payment remains outstanding, we may - by a written statement addressed to you - terminate the agreement or suspend our obligations under the agreement until you pay or provide us with proper security for this. We have this right of suspension even before you are in default with your payment if we then already have reasonable grounds to doubt your creditworthiness.
10. Payments received are first deducted from all due interest and costs and thereafter from the overdue invoices that have been outstanding the longest, unless you state in writing with the payment that it pertains to a later invoice.
11. You may not set off our claims against counterclaims you believe you have against us. This also applies if you apply for (provisional) suspension of payment or are declared bankrupt.
12. The preceding paragraph does not apply to consumers.

Article 15: Retention of Title

1. All items we deliver to you remain our property until you have fulfilled all your payment obligations.
2. These payment obligations include not only the purchase price of the items but also our claims: a. for work performed in connection with the delivery; b. for a attributable failure on your part, such as damages, extrajudicial collection costs, interest, and any fines.
3. If we deliver identical, non-identifiable items to you, the batch of items belonging to the oldest invoice(s) is always deemed to be sold first. This means that the retention of title always applies to all delivered items that are still present in your inventory/building at the time we invoke our retention of title.
4. You may resell items subject to our retention of title in the normal course of your business, provided that you also agree to a retention of title with your buyers.
5. You may not pledge items subject to retention of title or transfer them into the actual control of a financier.
6. You shall inform us immediately if third parties claim ownership or other rights to the items.
7. As long as you have possession of the items, you shall keep them carefully and identifiable as our property.
8. You shall take out adequate business or household insurance to cover the items delivered under retention of title. Upon our request, you shall provide us with insight into the insurance policy and accompanying proof of payment of premiums.
9. If you act in violation of this article or if we invoke our retention of title for another reason, we may, together with our employees, enter your premises and reclaim the items. This does not affect our rights to terminate the agreement - by a written statement addressed to you - or to claim compensation for our damage, lost profits, and interest.

Article 16: Bankruptcy - Incapacity to Dispose, etc.

1. We may terminate the agreement - by a written statement addressed to you - at the time when you: a. are declared bankrupt or an application for this has been made; b. apply for (provisional) suspension of payment; c. are affected by enforcement measures; d. are placed under guardianship or under administration; e. lose the authority or legal capacity with regard to (parts of) your assets in another way.
2. You shall always inform the curator or administrator about the (contents of the) agreement and these general terms and conditions.

Article 17: Force Majeure

1. If we fail to fulfill our contractual obligations towards you, this cannot be attributed to us if force majeure is involved.
2. In the following circumstances, force majeure on our part is in any case present: a. war, riot, mobilization, domestic and foreign unrest, government measures, or the threat of these/similar circumstances; b. disruption of existing currency relationships at the time of entering into the agreement; c. business disruptions due to fire, burglary, sabotage, power failure, internet or telephone connections, cybercrime, strikes, natural phenomena, (natural) disasters, etc., causing, for example, our website to be (partially) unavailable; d. transport difficulties and delivery problems resulting from weather conditions, roadblocks, accidents, import and export obstructing measures, a (temporary) shortage of the necessary materials/components, etc.
3. In case of force majeure, we may terminate the agreement - by a written statement addressed to you - or adjust our deliveries/suspend them for a reasonable period. In that case, we are not obliged to pay compensation to you.
4. If the force majeure situation occurs after we have already partially performed the agreement, we are entitled to compensation for the already performed deliveries.

Article 18: Cancellation - Suspension

1. This article does not apply to termination within the statutory cooling-off period as referred to in Article 4.
2. If you cancel the agreement before or during execution, we may calculate a fixed compensation for you for: a. all costs incurred; b. our damage, including lost profit, caused by the cancellation. Depending on already made deliveries/incurred costs, this compensation is 20 to 100% of the agreed price.
3. You indemnify us against third-party claims arising from the cancellation.
4. We may offset the due compensation against all amounts paid by you and your any counterclaims.
5. If you request us to suspend the execution of the agreement, we may immediately demand and charge you the compensation for all performed deliveries. This also applies to costs or costs resulting from the suspension.
6. Costs we incur to resume delivery(ies) are also at your expense. If we cannot resume the execution of the agreement after the suspension, we may terminate the agreement - by a written statement addressed to you.

Article 19: Applicable Law - Competent Judge

1. Dutch law applies to our agreements.
2. The applicability of the Vienna Sales Convention (CISG) is excluded.
3. We submit disputes to the judge who has jurisdiction in our place of business. In addition, we always reserve the right to submit the dispute to the competent judge in your place of business or residence.
4. If you are a consumer, you may always choose the legally competent judge, even if we choose a different judge. You inform us of your choice within one month after receiving the summons.
5. If you are established/reside outside the Netherlands, we may also submit the dispute to the competent judge in the country or state where you are established/reside.