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General conditions

General terms and conditions

We are Cycle Care B.V. and we are located at Keizersgracht 378b, 1016 GA Amsterdam, The Netherlands. Our chamber of commerce number is 75425777.

For more information, please send an email to hello@cycle.care. We'd love to hear your feedback!

These General Terms and Conditions apply to all our services and delivery of products by Cycle Care, the trade name of Cycle Care B.V.

Article 1 - Definitions

1. Additional agreement: an agreement whereby the consumer acquires products through a distance contract and these goods are delivered 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 in which the consumer can make use of his right of withdrawal;

3. Consumer: the natural person who does not act for purposes related to their trade, business, craft or profession;

4. Day: calendar day;

5. Continuing performance agreement: an agreement that is for the regular delivery of products during a certain period;

6. Durable data carrier: any tool that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that allows future consultation or use during a period that is tailored to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;

7. Right of withdrawal: the option for the consumer to cancel the distance contract within the reflection period;

8. Entrepreneur: the natural or legal person who remotely offers products to consumers;

9. Distance contract: an agreement concluded between the entrepreneur and the consumer in the context of an organized system for distance selling of products whereby up to and including the conclusion of the agreement, exclusive use is made of one or more means of distance communication;

10. Means of distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur meeting simultaneously in the same room.

Article 2 - Identity of the entrepreneur

Cycle Care and Cycle are trademarks of Cycle Care B.V. Keizersgracht 378b, 1016 GA Amsterdam;The Netherlands;Telephone number: +31 20 8208714 (available on workdays between 10.00-17.00);Email: hello@cycle.care;Chamber of Commerce number: 75425777VAT identification number: NL860278542B01

Article 3 – Applicability

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.

2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, then, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed via the entrepreneur and they will be sent free of charge as soon as possible at the request of the consumer.

3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, then the text of these general terms and conditions can be made electronically available to the consumer in such a manner that it can be stored in a simple way on a durable data carrier by the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the request of the consumer, electronically or otherwise.

4. In the event that specific product conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly and the consumer can always invoke the applicable provision that is most favorable to them in the event of conflicting general terms and conditions.

Article 4 - The offer

1. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.

2. The offer contains 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 the entrepreneur uses images, then these are a true representation of the products offered. Apparent mistakes or errors in the offer do not bind the entrepreneur.

3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular: the price including taxes;any costs of delivery; the manner in which the agreement will be concluded and which actions are required for this;whether or not the right of withdrawal applies;the method of payment, delivery and execution of the agreement; the term for acceptance of the offer, or the term in which the entrepreneur guarantees the price;the rate for distance communication if the costs of using the means for distance communication are calculated on a basis other than the regular base rate for the means of communication used;whether the agreement will be archived after it has been concluded, and if so, how it can be consulted by the consumer;the way in which the consumer, before concluding the agreement, can check and, if desired, restore the data provided by them in the context of the agreement; any other languages in which, in addition to Dutch, the agreement can be concluded; the codes of conduct to which the entrepreneur is subjected and the way in which the consumer can consult these codes of conduct electronically.

Article 5 – The agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the customer accepts the offer and the terms and conditions related to that offer.

2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement.

3. If the agreement is concluded 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 shall observe appropriate security measures.

4. Within legal frameworks, the entrepreneur can inform himself whether the consumer can meet his payment obligations, as well as inform himself of all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur 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 the implementation.

5. At the latest upon delivery of the product to the consumer, the entrepreneur will send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:a) the visiting address of the location of the entrepreneur where the consumer can go with complaints;b) the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;c) the information about guarantees and existing after-sale service;d) the price including all taxes of the product, service or digital content; to the extent applicable, the costs of delivery; and the method of payment, delivery or implementation of the distance contract;e) the requirements for termination of the contract if the contract 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.6. In the case of an extended transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 – Right of withdrawal

1. The consumer can terminate an agreement with regard to the purchase of a product during a reflection period of at least 14 days without stating reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but not oblige him to state his reason(s).

2. The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the delivery service, has received the product, or

:a. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with different delivery times.

b. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;

c. in the case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

Extended reflection period for products in the event of not informing about the right of withdrawal:

1. If the entrepreneur 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.2. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the starting date of the original reflection period, the reflection period will expire 14 days after the day on which the consumer received that information.

Article 7 – Obligations of the consumer during the reflection period

1. During the reflection period, the consumer will handle the product and the packaging with care. He 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 he would be allowed to do in a store.

2. The consumer is only liable for devaluation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.3. The consumer is not liable for devaluation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

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

1. If the consumer makes use of his right of withdrawal, he must notify the entrepreneur within the reflection period by means of the model withdrawal form or in another unambiguous manner.

2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product or hands it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the reflection period has expired.

3. The consumer returns the product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.

4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal rests with the consumer.

5. The consumer bears the direct costs of returning the product unless the entrepreneur has communicated otherwise.

Article 9 – Obligations of the entrepreneur in the event of withdrawal

1. If the entrepreneur makes the notification of withdrawal by the consumer electronically possible, he will immediately send a confirmation of receipt after receipt of this notification.

2. The entrepreneur will refund all payments made by the consumer for the purchase of the product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with repayment until he has received the product.

3. The entrepreneur uses the same payment method that the consumer has used for refunding, unless the consumer agrees to a different method. The refund is free of charge for the consumer.

Article 10 – Exclusion of the right of withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement:1. Sealed products that are not suitable for return for health protection or hygiene reasons and of which the seal has been broken after delivery, such as our lube, contraceptives, sanitary pads, skin oils, supplements, tampons, toy cleaner, erotic toys and menstrual cups , etc;2. Digital services and products such as online classes and webinars.

Article 11 – The price

1. During the period of validity stated in the offer, the prices of the products offered will not be increased, except for price changes as a result of changes in VAT rates.

2. Notwithstanding the previous paragraph, the entrepreneur can offer products, whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any prices that might be mentioned are target prices are stated in the offer.

3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:a. they are the result of statutory regulations or provisions; orb. the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.5. The prices stated in the offer of products include VAT.6. Any discount sales are not valid in combination with other discount codes and on brands that are excluded from discount.

Article 12 – Performance of the agreement and extra guarantee

1. The entrepreneur guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

2. An extra guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to comply with his part of the agreement.

3. An extra guarantee is understood to mean any commitment by the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what is legally required in the event that he has failed to fulfill his part of the agreement.

Article 13 – Delivery and execution

1. The entrepreneur will take the greatest possible care when receiving and executing 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. With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but at the latest within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.

4. After termination in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid.

5. If delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to make a replacement item available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of any return shipment are for the account of the entrepreneur

.6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 14 – Extended transactions: duration, termination and extension

Termination:

1. The consumer can terminate an agreement that has been entered into for an indefinite period and that is for the regular delivery of products (including electricity) or services, 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 is for the regular delivery of products (including electricity) or services, at any time towards the end of the fixed term, with due observance of the agreed termination rules and a notice period. of a maximum of one month.

3. The consumer can, with regards to the agreements referred to in the previous paragraphs:terminate the agreements at any time and not be limited to termination at a specific time or period;at least terminate the agreements in the same way as they entered into by him;always terminate the agreements within the same notice period as the entrepreneur has stipulated for himself.

Extension:

4. An agreement that has been entered into for a definite period and which is for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.

5. Notwithstanding the previous paragraph, an agreement that has been entered into for a definite period and is for to the regular delivery of daily news and weekly newspapers and magazines may be tacitly extended for a fixed term of a maximum of three months, if the consumer can terminate this extension of the agreement towards the end of the extension with a notice period of at most one month.

6. An agreement that has been entered into for a definite period and which is for the regular delivery of products or services, may only be tacitly extended for an indefinite period if the consumer is allowed to terminate the agreement at any time with a notice period of no more than one month. The notice period is a maximum of three months if the agreement is for regular, but less than once a month, delivery of daily news and weekly newspapers and magazines.

7. An agreement with a limited duration to the regular delivery for introduction of daily news and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and ends automatically after the trial or introductory period.Duration:

8. 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 term.

Article 15 – Payment

1. Insofar as it is not determined otherwise in the agreement or additional conditions, the amount 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 starts on the day after the consumer has received confirmation of the agreement.

2. When advance payment is stipulated, the consumer cannot assert any rights with regard to the execution of the relevant order or service(s) before the stipulated advance payment has been made.

3. The consumer has the obligation to immediately report inaccuracies in provided or stated payment details to the entrepreneur.

Article 16 – Complaints procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

2. Complaints about the implementation of the agreement must be fully and clearly described and submitted to the entrepreneur within a reasonable time after the consumer has discovered the defects. These can be reported via the email address hello@cycle.care.

3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will answer within the period of 14 days with a notification of receipt and an indication when the consumer can expect a more detailed answer.4. The consumer must give the entrepreneur at least 4 weeks to resolve the complaint in mutual consultation. After this term, a dispute arises that is subject to the dispute settlement procedure.

Article 17 – Disputes

Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. In case of any discrepancy between the Dutch and English text, the Dutch text shall prevail.

Article 18 – Additional or different provisions

Additional provisions or provisions that deviate 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 data carrier.

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