Art. 1 – Definitions
In these terms and conditions shall apply:
Day: calendar day;
Consumer: An individual not acting in service of a third party or company who enters into a transaction with Keiler Cycles.
Seller: The individual or corporation whom offers products and/or services, whether or not at distance, to a consumer;
Transaction: a contract between the consumer and seller, with mutual rights and obligations;
Remote transaction: a transaction which makes use of a framework that is designed by the seller for remote sales of products and/or services and which only makes use of technology for remote communication;
Technology for remote communication: means that can be used to conclude a transaction, without the consumer and trader being in the same room;
Dissolution: the possibility for the consumer to refrain from the purchase within the cooling-off period;
Right of withdrawal: the possibility for the consumer to dissolve the distance transaction within the cooling-off period;
Cooling-off period: The period during which the consumer can make use of the possibility of dissolution or revocation of the transaction.
Art. 2 – Identity of the seller
Mr. F. van der Zee (also) trading under the name Keller Cycles
Professor Mullerstraat 24
6224 BE Maastricht, the Netherlands
Chamber of Commerce registration number: 56951353
VAT number: NL188603001B01
Bank account number: NL29 ASNB 0708 1449 69 attention of F. van der Zee, BIC/Swift-code: ASNBNL21
Art. 3 – Applicability
These general conditions apply to every offer of the seller and any agreement reached between the seller and consumers.
Before the transaction is concluded, these general terms and conditions are made available to the consumer. If this is not possible, then before the long distance transaction is concluded, the seller will indicated that the general conditions can be found on the site, and will be sent to the consumer on request free of charge.
If the remote transaction is concluded electronically, notwithstanding the preceding paragraph and before the remote transaction is concluded, the text of these terms and conditions will be made available to the consumer electronically in such a way that they can be stored on a durable medium. If this is not reasonably possible, then before the remote transaction is concluded, Keiler Cycles will indicate where the general conditions may be found electronically and that on request of the consumer these terms and conditions will be sent electronically or by any other means to the consumer, free of charge.
In the event that in addition to these terms and conditions specific product or service conditions apply, the second and third paragraphs shall apply and in case of conflicting terms the consumer can always rely on the applicable provision that is most favorable to him.
Art. 4 – Offer
If an offer is of limited duration or subject to conditions, this will be explicitly stated in the offer.
The offer includes a complete and accurate description of the products offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If Images are used by Keiler Cycles, these images are a true representation of the products offered. Apparent mistakes or errors in the offer do not bind the seller.
Keiler Cycles is not liable for sizes or applications wrongly ordered by the consumer. The size and application tables used on the website are purely indicative and as such no rights can be derived from these.
Each offer contains such information that is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
4.1 the price (including tax)
4.2 the possible costs of delivery
4.3 the manner in which the transaction will be concluded and what actions are required;
4.4 whether or not the right of cancellation applies;
4.5 the method of payment, delivery or implementation of the transaction
4.6 the deadline for accepting the offer, or the deadline for the fulfillment of the price;
4.7 whether the transaction after the acceptance is activated , and if so, how this can be accessed by the consumer;
4.8 the way in which the consumer, before the conclusion of the contract, the acceptance of the offer, or the period in which the price is to be paid, can monitor and modify information supplied for the transaction.
Art. 5 – The transaction
The agreement, subject to the provisions of Article 4, is concluded at the time the consumer accepts the offer and meet the corresponding conditions.
If the consumer has accepted the offer electronically, Keiler Cycles will electronically confirm the acceptance of the offer immediately. As long as the confirmation of the acceptance has not been received, the consumer may rescind the transaction.
If the transaction is made electronically, the trader will take appropriate technical and organizational measures to protect the electronic transmission of data and ensure a secure web environment. If the consumer chooses to pay electronically, the trader will take suitable security measures.
The seller will, with the product or service, deliver to the consumer, in such a manner that it can be stored on a durable medium, the following information in writing:
5.1 the business address of the seller where the consumer can lodge complaints;
5.2 the conditions under which, and the manner in which the consumer may exercise the right of cancellation in the case of a remote transaction, or a clear statement regarding the exclusion of the right of cancellation;
5.3 the conditions under which and the manner in which the consumer may terminate the contract or a clear statement regarding the exclusion of the possibility to dissolve;
5.4 information on existing service and guarantees after sales;
5.5 the information contained in Article 4 paragraph 4 of these conditions, unless the seller has provided this information to the consumer prior to the transaction.
Art. 6 – Cancellation
The consumer has the right. to cancel the transaction. The cancellation can only take place in a written manner within 8 days of the transaction, but not after the order has been shipped to the consumer.
Cancellation of a transaction, in which the consumer has ordered products on special request and for which an advance payment has been asked for, is not possible.
Art. 7 – Right of cancellation for a remote transaction
When purchasing products remotely, the consumer has the right to, without giving any reason, cancel the transaction within 14 days of the purchase. This period commences on the date of delivery.
During this period the consumer will treat the product and it’s packaging with care. He will unpack the product only to the extent that is necessary to assess whether he wishes to retain it. If he exercises his right of withdrawal, he shall return the product with all accessories and, if reasonably possible, return it in its original condition and packaging to the seller, in accordance with the reasonable and clear instructions provided by the seller.
Art. 8 – Costs in case of cancellation.
If the consumer exercises his right of cancellation, the shipping and the return shipping costs will be borne by the consumer.
If a consumer exercises his right of cancellation, but does not return the entire order, the shipping and the return shipping cost will be borne by the consumer.
If the consumer has paid an amount, the seller will refund this amount as soon as possible, but no later than 30 days after the return or cancellation.
Art. 9 – Exclusion of the right of cancellation
If the consumer does not have a right of cancellation, it can only be excluded by the in seller if the seller has mentioned this clearly in the offer or mentioned it timely before the transaction has been concluded.
Excluded by the right of cancellation are only possible for the following products:
9.1 which have been accomplished by the seller conform specifications provided by the consumer;
9.2 that are clearly personal in nature;
9.3 which cannot be returned because of their nature;
9.4 that can spoil or expire quickly;
9.5 for audio- and video recordings and computer software whose seal has been broken.
Art. 10 – The price
During the period mentioned in the offer, prices of products and / or services will not be increased, except for price changes resulting from changes in tax rates.
If an incorrect price is used in the store or on the website of Keiler Cycles and this is communicated in writing to the consumer, the consumer has the right to cancel the order or to have the order executed at the right price
Tax is included in the prices of the range of products offered.
Art. 11 – Delivery
The seller will take the utmost care in the execution of the transaction
The place of delivery is the address that the consumer has supplied to Keiler Cycles as the delivery address.
Subject to what is stated in Article 4 of these terms and conditions, Keiler Cycles will send accepted orders expeditiously but not later than 30 days unless a longer period has been agreed upon by both Keiler Cycles and the consumer. If the delivery is delayed, or if an order can be carried out only partially or not at all, the consumer will be informed within 14 days after placing the order. In this case the consumer has the right to terminate the contract without cost.
In case of dissolution in accordance with the preceding paragraph, Keiler Cycles will refund the consumer as soon as possible, but no later than 30 days after dissolution.
The risk of damage and / or loss of products rests upon Keiler Cycles up to the moment of delivery to the consumer, unless explicitly agreed otherwise.
Shipment of ordered products takes place on Tuesdays and Saturdays.
Delivery to PO Box numbers and NAPO addresses (military addresses} is excluded.
Art. 12 – Payment
Payment must be made upon delivery (pick up from store) or prepayment via bank transfer (remote transaction).
The consumer is required by law to report inaccuracies in supplied or specified payment information immediately to Keiler Cycles.
In case of inadequate payment by the consumer, the seller will, subject to statutory limitations, have the right to , after notification ,advance reasonable expenses on the consumer.
Art. 13 – Exchange and return.
When purchasing products, the consumer has the right to exchange or return said goods within a period of 8 days, this period begins on the date of delivery
If the consumer wishes to cancel or exchange products, he will send the product, with the original (digital) invoice or proof of purchase along with all accessories in original condition and packaging, to Keiler Cycles, in accordance with the reasonable and clear instructions provided by the seller.
If the consumer has paid an amount, the seller will refund the consumer as soon as possible, but no later than 30 days after dissolution.
Art. 14 – Exclusions exchange and return
Exempt from return or exchange are products:
14.1 which have been made to the consumer's specifications by the seller;
14.2 which have been delivered assembled and / or adjusted roadworthy to the consumer;
14.3 which are ordered at the express request of the consumer for the consumer and for which a full payment in advance has been asked for by. the seller;
14.4 that are clearly personal in nature;
14.5 which, due to their nature, cannot be returned;
14.6 which can quickly spoil or expire;
14.7 for audio and video recordings and computer software of which the consumer has broken the seal.
Art. 15 – Warranty terms
The seller guarantees that the products delivered meets the transaction specifications stated in the offer, the reasonable requirements of reliability and / or usefulness and at the date of the conclusion of the agreement existing legal provisions and / or government regulations.
The guarantee may only be invoked by the first owner of the product.
The warranty is not transferable.
The guarantee provided by the seller in these terms and conditions does not affect the ability of the consumer to address the seller based on Dutch civil law.
Art. 16 – Warranty period
The seller guarantees products in accordance with the warranty period specified by the manufacturer for a product.
Art. 17 – Extent of warranty
During the warranty period, all parts that have been deemed to have material and / or construction faults by the seller will be repaired or replaced by choice of the seller.
Cost of transportation to and from the seller will be borne by the consumer.
If a particular component is eligible for warranty and the original is no longer available, the seller will supply an equivalent alternative.
Art. 18 – Submitting a warranty claim
Claims under this warranty must be submitted by presenting for inspection to the seller the concerned product with the original (digital) invoice or proof of purchase.
Art. 19 – Liability
A warranty claim honored by the seller does not mean that the seller accepts liability for any damage suffered. The liability of the seller never extends further than is described in these terms and conditions. Any liability of the seller concerning consequential damages are expressly excluded.
Art. 20 – Warranty exclusions
Parts that are subject to wear, such as tires, chains, chainrings, freewheels, cassettes, bodies, bearings, cables and brake pads are exempt from any warranty, unless there are construction and / or material defects.
In the following cases, the warranty expires:
20.1 Incorrect and / or improper use of the product and use not in accordance with the destination;
20.2 The product is not maintained in accordance with the instructions specified by manufacturer;
20.3 Technical repairs are not performed properly;
20.4 Subsequently mounted components do not match the technical specification of the product or are incorrectly installed;
20.5 Specific product conditions and exclusions: wheel bearings and other moving parts are excluded from warranty.
Art. 21 – Complaints
The seller has a well-publicized complaints procedure and deals with complaints under this procedure.
Complaints about the execution of the agreement must be submitted promptly, fully and clearly described to the seller, after the consumer has discovered the defects.
Complaints submitted to the seller will be answered within a term of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the consumer will receive an acknowledgment of receipt and an indication when the consumer can expect a more detailed answer.
Art. 22 – Disputes
For all transaction between the consumer and the seller to which these terms and conditions refer Dutch civil law is exclusively applicable.
All disputes between parties will be submitted to the competent court in the Netherlands.
Art. 23 – Force majeure
The seller accepts no liability for delay in delivery or failure to deliver products arising out of any cause whatsoever beyond its reasonable control or the control of its suppliers such as acts of God, civil commotion, riots, drought, flood, fire and legislation.
By force majeure is meant any fault for which Keiler Cycles cannot be held responsible, because the cause lays beyond the legal or generally accepted responsibilities of the seller.
Art. 24 – Disclaimer
Even though the website has been compiled with the utmost care, the seller cannot vouch for the accuracy or completeness of the information. The seller is therefore not liable for the consequences or actions taken on the basis of this website.
Our Site might possibly contain a number of links to other websites and online resources that are not owned or controlled by the seller.
Art. 25 – Copyright
The Site and all of its original content are the sole property of Keiler Cycles & MLC and are, as such, fully protected by the appropriate international copyright and other intellectual property rights laws.