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GENERAL TERMS AND CONDITIONS EMQ B.V. (April 2021)

Article 1 – Definitions

In these terms and conditions, the following definitions shall apply:

  • Consumer: any natural person acting for purposes outside his business or professional activity;
  • EMQ: EMQ B.V., as further described in Article 2;
  • off-premises contract: any contract between EMQ and the consumer concluded at a place other than EMQ’s sales premises or concluded using a means of distance communication, immediately after the consumer has been personally and individually addressed at a place which is not the trader’s sales premises;
  • customization: the products manufactured by EMQ are custom-made and are manufactured based on consumer specifications, which are not prefabricated and are based on individual choices and/or decisions made by the consumer;
  • durable medium: any device – including e-mail – which enables the consumer or the trader to store information addressed personally to him in a manner which makes it accessible for future use for a period of time appropriate to the purpose for which the information is intended, and which allows the unaltered reproduction of the stored information;
  • cooling-off period: the period within which the consumer may revoke the off-premises purchase, which period begins to run on the day the purchased item is received by the consumer;
  • revocation: the consumer’s ability to cancel the contract within the cooling-off period.

Article 2 – About EMQ

EMQ B.V. is located at Abberdaan 10, 1046 AA Amsterdam (also visiting address). Telephone number: 020 – 411 0456. Available Tuesday through Friday from 10:00 to 17:00. E-mail address: info@emq.nl. Trade Register registration number 71107479, VAT identification number: NL858582454B01.

Article 3 – Applicability.

  1. These general terms and conditions apply to any offer made by EMQ and to any agreement concluded between EMQ and the consumer.
  2. At the latest before or at the conclusion of the agreement, these general terms and conditions are provided to the consumer.
  3. If the contract is concluded outside the sales area, notwithstanding the previous paragraph and before the contract is concluded, after the consumer’s consent, the text of the general terms and conditions may be made available to the consumer electronically in such a way that it can be easily accessed by the consumer and stored on a durable data carrier.

Article 4 – the offer

  1. When concluding an off-premises agreement, the offer of products is made with the relevant information, such as the duration of the offer, the conditions under which the offer is made, as well as such information so that it is clear to the consumer what the rights and obligations are attached to the acceptance of the offer, the total price of the product including taxes, any costs of delivery, the method of payment, any costs of communication with EMQ at a distance, the way of establishing the agreement, the delivery, the execution, the way EMQ deals with complaints and whether or not the right of withdrawal applies.
  2. The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. In case EMQ uses images, these are a truthful representation of the products offered. Obvious mistakes or obvious errors in the offer will not bind EMQ.

Article 5 – Agreement

  1. The agreement, subject to the provisions of Article 4, is concluded at the moment when the consumer accepts the offer and fulfills the conditions set forth therein.
  2. Confirmation of the agreement outside the sales area takes place in writing or by e-mail. If the consumer has accepted the offer electronically, EMQ will immediately confirm receipt of acceptance of the offer electronically.
  3. If the agreement is concluded electronically, EMQ will take appropriate technical and organizational measures to secure the electronic transfer of data. If the consumer can pay electronically, EMQ will observe appropriate security measures as much as possible.
  4. If the consumer cancels the contract, the consumer must compensate EMQ for the actual damage suffered.

Article 6 – Revocation

  1. When purchasing products outside the sales area, the consumer has the right to dissolve the agreement without giving reasons during the period of fourteen days from the day of delivery of the product. The consumer has the right of withdrawal only if the products in question are complete, undamaged and unused and returned in their original packaging, in accordance with EMQ’s reasonable instructions. If the consumer exercises the right of withdrawal, the costs of returning the products will be borne by the consumer.
  2. If the consumer uses the right of withdrawal in accordance with paragraph 1, the consumer has 14 days after withdrawal to return the product in question to EMQ. If after revocation the consumer does not make use of the possibility to return the product in question within 14 days, the revocation as well as the consumer’s right of revocation will lapse, as a result of which the agreement will be deemed to have been validly maintained without prejudice.
  3. Any damage or loss of returned items during return shipping is the responsibility and account of the consumer.
  4. If the consumer has paid an amount, EMQ will refund this amount to the consumer within fourteen days after the product has been returned to EMQ in good order.
  5. If the product is custom-made, the consumer does not have the right of withdrawal. By customization, EMQ means a product that is manufactured according to consumer specifications, not prefabricated and manufactured on the basis of an individual choice or decision of the consumer, or that is clearly intended for a specific person. EMQ has pointed this out to the consumer at the time of the offer or in good time before the conclusion of the agreement.
  6. When purchasing products within sales area, the consumer has no right of withdrawal.

 

Article 7 – Conformity and Warranty

  1. EMQ guarantees that the delivered product complies with the agreement and with the specifications of the offer. EMQ warrants that the product possesses those properties, which in view of all circumstances, including the amount of the price, are necessary for normal use, as well as for special use insofar as this has been agreed.
  2. EMQ does not guarantee the soundness of the product if the consumer does not or does not properly comply with the instructions or regulations given by EMQ.
  3. An arrangement offered by EMQ as a guarantee does not detract from the rights and claims that consumers may assert under the law with regard to an attributable failure to fulfill EMQ’s obligations.
  4. Unless expressly agreed otherwise in writing, EMQ guarantees for the delivered new EMQ e-bike: three years for the frame, two years for the front fork, two years for the drive system, two years for the battery pack, two years for the handlebar control unit, two years for all other parts, except for all parts subject to wear and tear. The aforementioned periods shall commence on the day of delivery, unless the nature of the delivery dictates otherwise or the parties have agreed otherwise.
  5. The warranty claim does not apply to defects caused by: (i) normal wear and tear; (ii) failure by the consumer to (sufficiently) ensure timely, proper and regular maintenance in accordance with the maintenance instructions as set out in Article 11 (Maintenance and possible lapse of warranty); (iii) damage caused by sharp objects, pets and other things that have nothing to do with normal use by persons; (iv) repairs or interventions carried out by persons who have not been authorized (in writing) by EMQ; (v) a higher load than the maximum permitted load of 100k; (vi) adjusting the seat and/or handlebar post higher than the specified maximum height; (vii) not recharging the EMQ e-bike during storage, with a minimum frequency of once every three months; (viii) allowing the battery to be fully discharged.
  6. If a call is made on service that is not covered by the warranty conditions as described in the preceding paragraphs, the costs of this will be charged to the consumer at an hourly rate of € 60.00 per hour to be increased by the cost of materials and call-out charges of € 60.00 per trip, with a starting rate of € 15.00. When using service on the Wadden Islands, from the mainland the call-out costs – which in any case include the costs of the ferry to and from the Wadden Islands – are for the consumer’s account.
  7. EMQ shall never be liable for indirect and/or consequential damages.

Article 8 – Payment

  1. Unless otherwise agreed, payment must be made no later than the delivery of the product. EMQ may require the consumer to make an advance payment of up to 50% of the stipulated price.
  2. If the consumer does not meet his obligation to pay on time, EMQ will remind the consumer to still meet his obligation to pay within a period of fourteen days. After failing to meet the stipulated period of fourteen days, the consumer will owe contractual interest of 1% per month or – in case the legal interest rate is higher – the legal interest rate on the outstanding amount and EMQ will be entitled to charge the extrajudicial collection costs it has incurred.

Article 9 – Delivery

  1. The delivery periods stated by EMQ are indicative, a stated delivery period does not constitute a deadline within the meaning of Article 6:83 sub a of the Dutch Civil Code, provided that this period does not exceed 120 days from the conclusion of the agreement. If the delivery is delayed or can only be partially carried out, the consumer will be notified within 30 days.
  2. EMQ will take the utmost care in receiving and executing the order of products.
  3. The place of delivery is the address that the consumer has made known to EMQ.
  4. If the delivery of a purchased product proves impossible, EMQ will make every effort to deliver a replacement product. At the latest upon delivery, the consumer will be notified clearly and intelligibly that this is a replacement product.
  5. EMQ delivers only on the Dutch mainland. Delivery to the Wadden Islands is possible, provided that the costs of the crossing to and from the Wadden Islands are reimbursed by the consumer.

Article 10 – Retention of title.

  1. All products delivered by EMQ remain the property of EMQ until the consumer has paid in full all that he owes under the contract.
  2. The item is at the buyer’s risk from the time of delivery. In the event of destruction or deterioration of the delivered item due to a cause not attributable to the seller, the consumer shall remain liable for the purchase price in full.
  3. As long as ownership of the delivered products has not passed to the consumer, the consumer cannot and may not pledge the products or establish other security rights over these items.

Article 11 – maintenance and possible lapse of warranty

  1. In order to reasonably ensure the life of the (parts of the) EMQ e-bike and to prevent improper wear and tear, it is necessary that the EMQ e-bike be maintained in a timely, correct and regular manner.
  2. The first service is very important for the life of your EMQ e-bike. The first service should take place after 300 cycled kilometers as indicated on the ODO meter on the display of the e-bike and at the latest before 350 cycled kilometers, or at the latest within 6 months after delivery of the EMQ e-bike, whichever occurs first. If this first service is not performed in a timely manner, the warranty claim as set forth in Article 7 (Conformity and Warranty) will lapse in full.
  3. After the first servicing has been carried out in accordance with paragraph 2 above, the consumer must always present the EMQ e-bike for servicing after every 1,000 kilometers cycled, and at least once a year, which will be at the consumer’s expense, and that the consumer can prove this. Servicing booked with EMQ is automatically registered in the system. Does the consumer have maintenance done by another company? No problem, but invoices must be presented. The above means that a new service has to take place at the latest at the following times: after 1300 bicycled kilometers, then after 2300 bicycled kilometers, after 3300 bicycled kilometers, etc., as well as at the latest 18 months after purchase, at the latest 30 months after purchase, at the latest 42 months after purchase, etc. If one of the above-mentioned consecutive service does not take place within the indicated time periods, the warranty claim as set out in article 7 (Conformity and Warranty) will be cancelled in full.
  4. In the event that the consumer has presented an EMQ e-bike to EMQ for service, maintenance or repair, EMQ is entitled to the legal right of retention as long as the consumer has not fulfilled all of its payment obligations to EMQ.

 

Article 12 – Complaints and complaints procedure

  1. Complaints about the performance of the agreement must be submitted to EMQ fully and clearly described within a reasonable time after the consumer has observed the defects. The consumer may not claim that the delivered goods do not comply with the agreement if he fails to do so or does not notify EMQ of the defects within a reasonable time.
  2. In the case of a timely complaint, the consumer shall give EMQ the opportunity to investigate the merits of the complaint (or have it investigated). If the complaint is justified, the consumer will grant EMQ a reasonable period of time to repair or replace the product delivered.

Article 13 – Disputes.

  1. This agreement is exclusively governed by Dutch law.
  2. All disputes arising out of or in connection with this agreement shall be settled exclusively by the competent court in Amsterdam.

Article 14 – Final provisions

  1. EMQ is entitled to amend these general terms and conditions.
  2. Amendments to these terms and conditions are effective only after they have been published in an appropriate manner.