Terms
TERMS
These are the terms and conditions of Digital Selling Group. (trading under the name Homedeliverybikes), with its registered office and principal place of business at Leenderweg 188, 5555CJ in Valkenswaard, the Netherlands, registered in the trade register under number 54524245, VAT identification number NL001245236B38.
Article 1 - Definitions
(i) Customer Any party that enters into a Lease Agreement with Homedeliverybikes for
the purchase of Lease products from Homedeliverybikes and the purchase of products from Homedeliverybikes
(ii) General Conditions These general lease conditions.
(iii) Digital Selling Group. The legal entity that uses these General Terms and Conditions and that
enters into, will conclude or has concluded a Lease Agreement or purchase agreement with the Customer, also referred to as Homedeliverybikes.nl.
(iv) Delivery person Natural person who works
performed on behalf of the Customer for the (last-mile delivery) services of the Customer and makes use of the Lease Product.
(v) Lease Agreement All agreements between Homedeliverybikes.nl and the Customer in which
agreements have been made about the provision of Lease Products by Homedeliverybikes.nl to the Customer.
(vi) Lease Period The period during which the Customer is entitled to use the
lease product.
(vii) Lease product(s) An e-bike, bicycle box and/or battery.
(viii) Quotations All quotations, offers, order confirmations and/or other
expressions of Homedeliverybikes.nl that have the purpose of concluding a Lease Agreement with the Customer.
(ix) Installment amount The amount to be paid by the Customer to Homedeliverybikes.nl weekly or monthly
for the use and maintenance of the Lease Products, as specified in the Lease Agreement.
Article 2 - Applicability and amendment
1. These General Terms and Conditions apply to all Offers from Homedeliverybikes.nl, Lease Agreements and related and/or ensuing (subsequent) agreements between Homedeliverybikes.nl and the Customer.
2. The general purchase conditions or other conditions of the Customer are not valid and are expressly rejected.
3. Deviations from these General Terms and Conditions and/or the Lease Agreement or related agreements are only agreed in writing.
4. Homedeliverybikes.nl has the right to unilaterally change these General Terms and Conditions. An amendment to existing Lease Agreements is legally valid upon notification thereof to the Customer.
5. In the event of a material interim change to the General Terms and Conditions, Homedeliverybikes.nl will announce the change to the Customer no later than 2 months before it takes effect. Within this period, the Customer is entitled to prematurely terminate the Lease Agreement. If the Customer does not object to the announced change within this period, it will be assumed that the Customer has agreed to the change.
6. If any provisions in the Lease Agreement and these General Terms and Conditions conflict, the provision in the Lease Agreement will prevail.
7. All appendices to these General Terms and Conditions are an integral part of this.
Article 3 - Quotation and conclusion of Lease Agreement
1. All Offers from Homedeliverybikes.nl are without obligation and valid during the period stated therein, unless otherwise indicated by Homedeliverybikes.nl.
2. The customer guarantees the correctness and completeness of the information provided by or on behalf of it to Homedeliverybikes.nl on which Homedeliverybikes.nl has based its Quotation.
3. Quotations from Homedeliverybikes.nl are valid for the term stated in the Quotation. If no term is stated in the Quotation, the Quotation is valid until 14 days after the date on which the Quotation was issued.
4. The Lease Agreement is concluded upon written acceptance of the Quotation or signature of the Lease Agreement by the Customer.
5. Changes made by the Customer to the Quotation are not part of the Lease Agreement, unless the changes have been confirmed in writing by Homedeliverybikes.nl.
6. If Homedeliverybikes.nl sends a confirmation to the Customer, this confirmation is decisive for the content and explanation of the Lease Agreement, subject to obvious errors.
Article 4 - Prices
1. All amounts stated in the Quotation and Lease Agreement are exclusive of VAT.
2. The Term Amount has been calculated by Homedeliverybikes.nl on the basis of the data known at that time and taking into account the desired Lease Period.
3. Homedeliverybikes.nl may change the Installment Amounts at any time after the conclusion of the Lease Agreement in the following cases:
- if taxes or levies related to the possession or use of the Leased Product are changed and/or introduced after the Lease Agreements have been signed;
- if the purchase price of the Lease Product is increased between the signing of the Lease Agreement and the delivery of the Leased Product;
- if the insurance premiums paid by Homedeliverybikes.nl change;
- if the specification of the Leased Product changes at the request of the Customer or as a result of legal obligations.
4. A change in the Term Amount based on this article does not entitle the Customer to terminate the Lease Agreement.
Article 5 – Commencement and duration of the Lease Agreement
1. Each Lease Agreement states the commencement date of the Lease Agreement and the duration of the Lease Period.
2. The Lease Agreement ends when the Lease Period agreed in the Lease Agreement has expired. Any extension of the Lease Agreement will be further agreed between the Parties. The Customer will remain obliged to pay the (Term) amounts due for (the use of) the Lease Product until it is returned to Homedeliverybikes.nl.
Article 6 - Delivery Lease Product
1. The delivery date applies as the commencement date of the Lease Period.
2. If the Lease Product is ready for delivery, the Buyer will receive a message from Homedeliverybikes.nl.
3. After this message, the Customer will make a delivery or collection appointment for the Lease Products, whereby the delivery date is no later than 5 working days after Homedeliverybikes.nl has sent the message that the Lease Product was ready.
4. If no timely delivery or collection appointment is made, the delivery date will be set at 5 working days after Homedeliverybikes.nl has sent the message that the Lease Product was ready.
5. If a date has been agreed between the Parties for the delivery of the Leased Products, but the Lease Products cannot be purchased by the Customer, the unsuccessful delivery date will apply as the commencement date of the Lease Period.
6. If the Customer does not purchase the Lease Products, the Customer is obliged to compensate all damage that Homedeliverybikes.nl suffers as a result, including - but not limited to - all Installment Amounts owed for the agreed Lease Period and/or costs in connection with a futile delivery.
7. The Lease Products will be delivered to the Customer at the address specified by the Customer in the Lease Agreement, unless the Parties agree otherwise in writing.
8. Upon delivery of the Lease Product, the person who takes delivery of the Lease Products will show a valid proof of identity and this person will sign the confirmation of receipt. This person is deemed to legally represent the Customer.
9. By signing the confirmation of receipt upon delivery, the Buyer confirms that the Lease Product delivered to the Buyer is in good condition and complies with the Lease Agreement and has been found ready for use.
10. Defects or damage found during delivery will be stated by the Buyer in the confirmation of receipt, on pain of forfeiture of all rights of the Buyer.
11. At the time of delivery, the risk of damage to the Leased Product is transferred to the Customer.
12. Exceeding of the delivery times stated by Homedeliverybikes.nl does not constitute default for Homedeliverybikes.nl. (Delivery) times are target dates and can never be interpreted as fatal dates.
Article 7 - Payments
1. The customer must pay the (Instalment) amounts owed to Homedeliverybikes.nl including VAT and in Euros.
2. The Customer is obliged to always pay the (Instalment) amounts due on time.
3. Amounts and installments owed must always be credited to the bank account of Homedeliverybikes.nl on the due date of the invoice.
4. The Customer authorizes Homedeliverybikes.nl to collect all amounts owed, including – but not limited to – Installment amounts, the deductible of the insurance, repair costs and/or repair costs around the due date of the invoice from the Customer's bank account by means of direct debit. .
5. Any fines of the Customer as a result of the use of the Leased Products by the Customer, Delivery Persons or third parties will be collected immediately – but in any case before the due date of the relevant fine – by means of direct debit.
6. By signing a SEPA eMandate in the Lease Agreement, the Customer grants Ebike4Delivery permission to collect the (Instalment) amounts owed from the Customer's bank account and to debit EUR 1 prior to the Lease Period to verify the bank account of customer. If this verification by Homedeliverybikes.nl fails, Homedeliverybikes.nl is not obliged to make the Lease Products available to the Customer. The Customer continues to owe the (Instalment) amounts agreed in the Lease Agreement for the duration of the Lease Period.
7. In the event of late payment, the Buyer will be in default without further notice of default and the Buyer will owe statutory commercial interest on the (Instalment) amount not paid on time.
8. In the event of late payment, Homedeliverybikes.nl has the right to increase owed amounts by the actual legal costs, including the costs for legal assistance, also insofar as they exceed the liquidation rate and all extrajudicial (collection) costs that Homedeliverybikes.nl with a minimum of fifteen percent (15%) of the overdue amount due.
9. If the Customer continues the payment after it has fallen into default, these payments will first be set off against the interest owed, followed by the oldest (Instalment) amount owed.
10. The Customer will receive invoices at the e-mail address known to Homedeliverybikes.nl. If the e-mail address of the customer changes, the customer will inform Homedeliverybikes.nl.
11. Invoices not received by the Customer do not change the Customer's payment obligation.
12. Even if a Leased Product cannot be used for whatever reason, the Customer remains obliged to pay.
Article 8 - Ownership of Lease Product
1. The Lease Product always remains the property of Homedeliverybikes.nl, unless the Parties agree otherwise in writing.
2. The Buyer may not sell, pledge or otherwise encumber the Leased Product.
3. The Customer declares that it is aware that Homedeliverybikes.nl is entitled to transfer or have transferred the ownership of the Lease Products and to have the Lease Agreement and any additional agreements continued by third parties and agrees to this in advance.
Article 9 – Accessories
1. Prior written approval from Homedeliverybikes.nl is required for the application of accessories or other changes or additions to the Lease Product. The conditions are in any case that the accessories can be fitted and removed without causing damage to the Leased Product.
Article 10 - Use of Lease Product
1. The Lease Products may only be used by Deliverers for last-mile delivery. The Leased Product may not be used for purposes other than these, without limitation the following is not permitted: transport of persons and/or animals, use for driving lessons or use in the context of competitions, speed, driving skills and/or reliability rides.
2. Prior to each use of the Leased Product, the Delivery Person is obliged to check the usability of the Leased Product, including - but not limited to - the tire pressure, correct functioning of the front and rear light, brakes and direction indication of the E-bike
3. The Leased Product is to be consulted, used and maintained by the Buyer and/or Deliverer in accordance with the terms of use and maintenance, attached as an appendix – the terms of use and maintenance to these General Terms and Conditions. The Customer declares itself and Deliverers familiar with the operation and the terms of use and maintenance of the Leased Product.
4. When using the Leased Product, Deliverers must comply with all legal obligations, such as - but not limited to - having a valid driver's license when using an e-scooter.
5. Deliverers of the Lease Products are not allowed to consume or have taken alcohol, narcotics and/or medicines that (may) affect the driving ability at the time they use the Lease Products.
6. In the event of damage to or a defect in the Leased Product, the Customer and/or Deliverer is not permitted to use the Leased Product if this could lead to aggravation of the damage, the defect or a reduction in road safety.
7. The Customer will not hand over the Lease Products to third parties for (joint) use unless to deliverers and with the prior consent of Homedeliverybikes.nl
8. Without the permission of Homedeliverybikes.nl, the Buyer and/or Deliverer is not allowed to take the Lease Products outside the national borders of the Netherlands.
9. The actions of Deliverers in connection with the Leased Products are for the account of the Buyer as if it were the Buyer's own actions. The Customer is also responsible for checking whether the Deliverers of the Leased Products comply with the provisions of this article and the terms of use and maintenance.
Article 11 – Maintenance and repairs
1. The Customer will behave with due care with regard to the Leased Products in accordance with their nature and destination and this and must take care of the maintenance itself as stated in Appendix 1 – the terms of use and maintenance.
2. The Customer keeps track of when the Lease Products need maintenance. As soon as a maintenance appointment is required, the Customer will make an appointment with Homedeliverybikes.nl for maintenance via email.
3. Homedeliverybikes.nl has the right - without assuming any obligation - to check once a year whether the Customer complies with the terms of use and maintenance. Homedeliverybikes.nl can carry out an unannounced check.
4. In principle, all maintenance and repairs to the Lease Products are performed by Homedeliverybikes.nl, unless Homedeliverybikes.nl has given the Customer prior written permission to have the maintenance or repair carried out by another maintenance or repair company.
5. If a Leased Product has a defect, the Customer must report this to Homedeliverybikes.nl immediately, in any case no later than 7 days after discovery.
6. The Customer is entitled to the number of maintenance visits with regard to the Lease Products, as stipulated in the Lease Agreement. This means that the maintenance services agreed in the Lease Agreement are for the account of Homedeliverybikes.nl with normal use of the Lease Products by the Customer.
7. In the following cases – but not exclusively these cases – there is in any case no question of normal use. This means that the maintenance and repair costs of the Leased Product will be borne by the Customer (for any cover for damage to the Leased Products, see Article 14 of these General Terms and Conditions):
- If the Customer has not carried out maintenance or has had it carried out on the Leased Products in accordance with the terms of use and maintenance (Appendix 1);
- If the Leased Product has not been used in accordance with Article 10 of these General Terms and Conditions;
- Replacement, repair and/or repair work on the Leased Product as a result of damage caused by the Deliverer, Customer, a third party or other external causes;
- (Aggravation of) damage resulting from the use of a defective or damaged Lease Product;
- Damage to the Lease Product that has arisen because the Customer and/or Delivery Person has rented and/or made available the Lease Product to a third party;
- Damage caused to the Lease Product when the Lease Product was used for a purpose other than last-mile delivery;
- Damage caused by the loss of the Lease Product and the keys belonging to the Lease Product or the operation of the alarm system or the documents belonging to the Lease Product (such as the registration certificate);
Article 12 - Replacement Lease Product
1. A replacement Lease Product during repair and maintenance work – performed by Homedeliverybikes.nl – forms part of the Lease Agreement.
2. Homedeliverybikes.nl is at all times entitled to replace the Lease Product for the remainder of the Lease Agreement with a Lease Product of an identical or virtually identical type or design.
3. If maintenance and/or repair results from non-compliance with the obligations in Articles 10, 11 and 13 of these General Terms and Conditions or if the repair is not the result of normal use, the costs for a replacement Leased Product will be borne by the Customer.
Article 13 – Damage reporting protocol
1. In the event of damage to the Lease Product, Delivery Person or a third party, the Customer will immediately inform Homedeliverybikes.nl.
2. Documents relating to the damage, such as damage forms, witness statements and court reports, must be sent directly to Homedeliverybikes.nl.
3. In the event of theft of the Lease Products, the Customer shall immediately report the theft to the police and the Customer shall always submit the 2 original keys of the Lease Product to Homedeliverybikes.nl or an insurance expert by Homedeliverybikes.nl by registered post. Immediately upon receipt, the Customer will send the police report to Homedeliverybikes.nl by e-mail and registered post.
4. The Customer reports theft or loss of key(s) immediately to Homedeliverybikes.nl and the Customer immediately reports this to the police. Immediately upon receipt, the Customer will send the police report to Homedeliverybikes.nl by e-mail and registered post.
Article 14 – Damage and insurance Lease Product
1. The policy conditions of the (casco) insurance for the Lease Products are attached as Appendix 2.
2. Damage to the Leased Products, for which - even if the insurance would provide cover in accordance with the policy - no payment is made by the insurance, will be for the account of the Customer.
3. Insofar as the Lease Product or a third party is covered by the insurance, the Customer will pay a deductible per claim of:
- EUR 250 in the case of a battery;
- EUR 250 in the case of an E-bike;
4. From the moment of delivery of the Lease Product, the Customer is liable for all damage that has arisen as a result of any event related to the Lease Product. If payment is made to Homedeliverybikes.nl under an insurance policy taken out by Homedeliverybikes.nl, this does not affect the liability of the Customer.
5. If the insurance refuses cover for any other reason, the Customer is fully liable for the costs and damage suffered by Homedeliverybikes.nl as a result.
6. Damage to or loss of personal property that was on the Leased Product and/or accessories that the Customer has installed itself and which are not included in the Lease Agreement, are always for the account of the Customer.
7. If the damage reporting protocol in article 13 is not observed by the Customer, the (consequential) damage, including - but not limited to - costs due to the refusal of payment, will be for the account of the Customer.
Article 15 - Termination of the Lease Agreement
1. Premature termination of the Lease Agreement by the Customer is not possible, except for the
circumstance in article 2.5 of these General Terms and Conditions.
2. If the Lease Agreement is nevertheless terminated in the interim by the Customer, the Customer owes the Installment Amounts of the remaining Lease Period agreed in the Lease Agreement.
3. Homedeliverybikes.nl is authorized, at its discretion, to suspend or dissolve the performance of all Lease Agreements between the Customer and Homedeliverybikes.nl in whole or in part or in part by means of a written statement, without judicial intervention, with immediate effect, without Homedeliverybikes.nl will be obliged to pay any compensation, while retaining all rights accruing to Homedeliverybikes.nl to compensation for costs, damage and interest and has the right to immediately take back Lease Products in the event:
- Customer does not pay on time or Customer fails to fulfill one or more other obligations under the Lease Agreement and/or these General Terms and Conditions and/or the Terms of Use (Appendix 1);
- The customer applies for a moratorium or is declared bankrupt;
- The Customer decides to dissolve or liquidate its company or to actually discontinue it;
- The customer moves abroad;
- The customer loses access to its assets in any way;
- Attachment is made on the movable and/or immovable property of the Customer or on the Leased Product;
- The Leased Product has been stolen and has not been returned after 30 days after it has gone missing.
4. The customer is obliged to immediately inform Homedeliverybikes.nl in writing of the circumstances referred to in article 15.3.
5. The Customer is obliged to immediately inform the seizing bailiff, the police or judicial authorities, the administrator or the trustee of the Lease Agreement. The Customer hereby authorizes Homedeliverybikes.nl to take any measures on behalf of the Customer for the return of the Lease Product.
6. The Customer is obliged to indemnify Homedeliverybikes.nl upon termination or dissolution of the Lease Agreement by Homedeliverybikes.nl for, among other things, but not limited to:
- The sum of overdue Installments, commercial interest owed, and the total of outstanding Installments;
- Costs for taking back the Leased Product;
- If the Lease Product has been seized, the Installment Amounts until the Lease Product is again free of attachment and in the possession of Homedeliverybikes.nl, insofar as this is a longer period than the remaining Installment Amounts owed in accordance with the Lease Period agreed in the Lease Agreement;
- The replacement costs of the Leased Product in the event of theft or loss, if these are not reimbursed by the insurance.
7. All judicial and extrajudicial costs of whatever nature, which Homedeliverybikes.nl has had to incur as a result of non-compliance with the obligations under the Lease Agreement and/or these General Terms and Conditions by the Customer, will be fully borne by the Customer.
8. The Term Amounts will continue until the Lease Agreement has ended and the Lease Product is back in the possession of Homedeliverybikes.nl.
9. Dissolution of the Lease Agreement by the Customer will never lead to any obligation to repay the (Term) amounts already paid by the Customer to Homedeliverybikes.nl.
Article 16 - Return of the Leased Product
1. The Customer must return the Lease Product to an address to be designated by Homedeliverybikes.nl on the last working day of the Lease Period agreed in the Lease Agreement.
2. The Customer must make an appointment with Homedeliverybikes.nl for the return of the Lease Product no later than 5 working days before the end of the Lease Period.
3. If the Lease Product is not returned (on time), the Customer owes payment of additional (Instalment) amounts in connection with the Lease Product until the Lease Product is returned to Homedeliverybikes.nl.
4. When returning the Lease Product, an employee of Homedeliverybikes.nl will assess together with the Customer whether the Lease Product is damaged, clean and whether all parts belonging to the Lease Product, including the two keys, and documents are present. The result of that assessment is recorded in an intake report. The intake report is decisive.
5. If damage to the Leased Product is found upon return and this damage has not been reported, is not covered by the (casco) insurance and/or is not stated on the confirmation of receipt as described in Article 6.10 of these General Terms and Conditions, then this damage is at the expense of the Customer.
6. If the Lease Product is not returned clean, Homedeliverybikes.nl may charge the Customer for the cleaning costs, with a minimum of € 40.00 excluding VAT.
7. Should the Leased Product be in a clearly less good condition upon return than may be expected during normal use and maintenance, Homedeliverybikes.nl has the right to charge the Customer for the reduction in value.
8. If parts, keys and/or documents are missing, the costs for replacement and depreciation will be charged to the Customer.
9. Changes or additions made by the Customer to the Leased Product must be removed by the Customer upon return without this causing damage to the Leased Product. In the event of non-compliance with this obligation by the Customer, Homedeliverybikes.nl has the right to return the Lease Product in its original condition. The costs thereof will be borne by the Customer.
10. If accessories installed by the Customer are not removed, Homedeliverybikes.nl will become the owner of the accessories upon return of the Lease Product without compensation.
11. If the Customer does not return the Lease Product before the end of the Lease Agreement, Homedeliverybikes.nl is entitled to enter the place where the Lease Product is located in order to take possession of it. All associated costs are for the account of the Customer.
12. The Customer must compensate Homedeliverybikes.nl for lost income if it cannot re-let the Leased Product because more than reasonable repairs or repairs have to be carried out after the Leased Product has been returned.
Article 17 - Force majeure
1. If Homedeliverybikes.nl is temporarily unable to fulfill the Lease Agreement due to force majeure, it is authorized to suspend the execution of the Lease Agreement in whole or in part as long as the force majeure continues.
2. If Homedeliverybikes.nl is permanently unable to perform the Lease Agreement due to force majeure, it has the right to terminate the Agreement in whole or in part with immediate effect, without Homedeliverybikes.nl being obliged to pay any (damage) compensation to the Customer. Force majeure includes shortcomings of (suppliers of) Homedeliverybikes.nl and/or other auxiliary persons, production disruptions, work interruptions and excessive absenteeism of employees and/or other auxiliary persons, government measures and weather conditions.
Article 18 – Liability
1. Homedeliverybikes.nl is not liable for (in)direct and/or immaterial damage caused by or because of the Leased Product on the part of the Buyer, Delivery Person or third parties, unless there is intent or deliberate recklessness on the part of Homedeliverybikes.nl.
2. Homedeliverybikes.nl is not liable for errors or omissions of its engaged
third parties.
3. Homedeliverybikes.nl is not liable for damage if the Customer has provided Homedeliverybikes.nl with incorrect or unrepresentative information for the purpose of the Lease Agreement.
4. If Homedeliverybikes.nl is liable towards the Customer, that liability is limited to a maximum of the amount that is paid out by the professional and/or liability insurance of Homedeliverybikes.nl. If the insurer does not pay out, or if Homedeliverybikes.nl is not insured, the liability is limited to a maximum amount equal to the sum of the Installment Amounts of the preceding 12 months prior to the event causing the damage.
5. The Customer indemnifies Homedeliverybikes.nl against claims from Delivery Persons or third parties, including – but not limited to – reimbursement of costs, (injury) damage, payment of fines arising from the use of the Lease Product.
6. If the Customer incurs its (risk of) damage as a result of the purchase and/or use of the Leased Products, including - but not limited to - its own direct and indirect (company) damage, damage to Deliverers, damage to third parties and damage to wishes to insure the Leased Products, the Customer must itself arrange for appropriate (company) risk and/or liability insurance.
Article 19 – Joint and several liability
1. If several (legal) persons are listed as Customers of the Lease Products, each of them is jointly and severally liable for compliance with the obligations arising from the Lease Agreement and the General Terms and Conditions.
Article 20 – Intellectual Property Rights
1. All intellectual property rights with regard to Lease Products rest with Homedeliverybikes.nl, or its licensors or other third parties, and are not transferred to the Customer through the Lease Agreement.
2. Even if parts are specifically designed and/or developed by Homedeliverybikes.nl for the Customer, the resulting intellectual property rights will not be transferred to the Customer.
Article 21 – Privacy
1. The Customer is aware that the Lease Products may be equipped with a track & trace system. Homedeliverybikes.nl has access to all information in this system and will treat it confidentially. In principle, the data is used by Homedeliverybikes.nl exclusively in connection with invoicing to the Customer. This data will not be shared with other parties without the written permission of the Customer, unless a legal obligation and/or supervisory authority obliges it to do so.
2. Homedeliverybikes.nl processes personal data as stated in its Privacy statement.
Article 22 – Applicable law
1. The Lease Agreement, these General Terms and Conditions and the related agreement are governed by Dutch law. Disputes will be submitted to the East Brabant District Court, location 's-Hertogenbosch.
Article 23 – Final provisions
1. If one or more provisions of these General Terms and Conditions prove to be invalid, or are rendered ineffective by a court, the other provisions will remain valid.
2. The Dutch version of these General Terms and Conditions of Sale always prevails over a foreign version thereof.
Article 24 – Complaints
1. In the event of complaints or other questions, the Customer can contact Homedeliverybikes.nl