General Terms and Conditions

General terms and conditions of RAP Elektrische Fietsen – webshop

This is a translation of the Dutch original. In the event of any discrepancy between this translation and the Dutch text, the Dutch version prevails.

Article 1 – Definitions

In these terms and conditions the following definitions apply:

1. Trader: RAP Elektrische Fietsen, hereinafter referred to as RAP, being the supplier that offers products and/or services at a distance;
2. Consumer: the natural person who is not acting in the course of a profession or business and who enters into a distance contract with the Trader;
3. Professional counterparty: the natural person or legal entity who is acting in the course of a profession or business and who enters into a distance contract with the Trader;
4. Counterparty: both the Consumer and the Professional counterparty;
5. Distance contract: a contract whereby, within the framework of a system organised by the Trader for the distance selling of products and/or services, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the contract;
6. Technique for distance communication: a means that can be used to conclude a contract without the Counterparty and the Trader being together in the same room at the same time;
7. Cooling-off period: the period within which the Consumer may exercise the right of withdrawal;
8. Right of withdrawal: the option for the Consumer to withdraw from the distance contract within the cooling-off period;
9. Day: calendar day;
10. Extended transaction: a distance contract relating to a series of products and/or services, the obligation to supply and/or purchase of which is spread over time;

Article 2 – Identity of the Trader

RAP Elektrische Fietsen
Business address:
Siriusstraat 41
5015 BT Tilburg, the Netherlands
Telephone number: 013-5448618
E-mail address: info@traprap.nl
VAT number: NL001778701B62
Chamber of Commerce (KvK): 51436701

Article 3 – Applicability

1. These General Terms and Conditions (hereinafter: Terms) apply to all offers, orders and contracts of RAP, to the exclusion of any other general terms and conditions.
2. By placing an order with RAP you agree to these Terms.
3. These Terms may only be deviated from in writing. In that case all remaining provisions of these Terms remain in force.
4. All rights and claims stipulated in these Terms and in any further agreements for the benefit of RAP also apply for the benefit of any intermediaries and other third parties engaged by RAP.

Article 4 – Offers

1. Offers and quotations are without obligation; a distance contract therefore only comes into being once the trader has accepted the order (read: confirmed it).
2. Obvious mistakes or errors in the offer are not binding on the Trader.

Article 5 – Contracts

1. Subject to the provisions of article 4 of these general terms and conditions, the contract comes into being at the moment the Trader accepts the order.
2. If the Counterparty has accepted the offer by electronic means, the Trader shall confirm receipt of the acceptance of the offer by electronic means without delay. As long as receipt of this acceptance has not been confirmed, the Counterparty may still withdraw from the contract.
3. The Trader may – within the limits of the law – inform itself as to whether the Counterparty is able to meet its payment obligations, as well as of all such facts and factors as are relevant to entering into a distance contract responsibly. If, on the basis of this investigation, the Trader has sound reasons for not entering into the contract, it is entitled to refuse an order or request, stating its reasons, or to attach special conditions to its performance.

Article 6 – The price

1. Prices stated on the Website include VAT as well as other levies imposed by the authorities. Prices exclude shipping costs, unless expressly stated otherwise. These are charged to the Customer during the ordering procedure.
2. If the prices of the products and services offered rise in the period between the moment you place your order and the moment RAP performs the order, you have the right to cancel the order or to dissolve the contract within ten (10) days of RAP notifying you of the price increase.

Article 7 – Complaints and liability (right of withdrawal)

1. Please check the delivered items immediately upon receipt. Any defects must be reported to RAP in writing and with reasons no later than seven (7) days after discovery. If you wish to complain about such a defect, you may not use the delivered product in any way.
2. If it has been established that an item does not conform to the contract, RAP has the choice, upon return of the item, either to replace it with a new one or to refund the invoice price plus the shipping costs paid for it. Refunds take place within 30 days of receiving the product back undamaged.
3. When purchasing products through the webshop, the customer has the option to dissolve the contract without giving reasons for at least fourteen (14) days. This period starts on the day after the product is received by or on behalf of the customer.
   During this period the customer shall handle the product and its packaging with care. The customer shall only unpack or use the product to the extent necessary to assess whether he wishes to keep it. If he exercises his right of withdrawal, he shall return the product to RAP with all accessories supplied and – where reasonably possible – in its original condition and packaging, in accordance with the reasonable and clear instructions provided by RAP. The Customer has the right to return the delivered Goods to RAP within fourteen (14) working days of receipt, without giving reasons, provided that:
   1. the Goods are returned at the Customer’s expense; insufficiently stamped parcels will not be accepted by RAP;
   2. the Customer is responsible for the manner of dispatch and for the risk of the parcel – and this responsibility and risk are hereby accepted by the Customer – until RAP has taken receipt of it. Any damage to the product or the packaging is at the Customer’s expense. Minimum costs by way of indication:
      • The bicycle has visibly been used but is not damaged anywhere: € 150 plus the cost of restoring the bicycle to as-new condition.
      • Damage to parts or to the bicycle: frame costs amount to € 600; other parts in accordance with the recommended retail price in the shop, plus a surcharge for assembly and disassembly.
      • Damage to the battery other than from sliding it once into a suitable and clean battery holder to check the fit and/or the operation of the battery: depending on the extent of the damage, at least € 50.

   If the parties do not reach agreement on the amount of the damage, RAP reserves the right not to accept the product returned by the customer. The product in question will be returned to the customer at RAP’s expense. The customer will be informed of this in advance and in writing.

4. The withdrawal acts as a condition subsequent, whereby the Customer is entitled to a refund of what has already been paid.
5. The right of withdrawal does not apply to the supply of services the performance of which has begun with the Counterparty’s consent. This also applies to cases in which the cooling-off period has not yet expired.

Article 8 – Conformity, warranty and liability

1. The Trader guarantees that the products and/or services conform to the contract, to the specifications stated in the offer, to reasonable requirements of soundness and/or usability, and to the statutory provisions and/or government regulations in force on the date the contract was concluded.
2. In addition, under normal use a RAP bicycle carries a 5-year warranty on construction and/or material defects of the frame and a 2-year warranty on the other parts, including the electrical system. Proof of purchase serves as evidence in respect of the warranty. The warranty may only be invoked by the first owner of the bicycle concerned.
3. The Trader is never obliged to pay any compensation to the Counterparty or others, unless there is intent or wilful recklessness on the part of the Trader or its executive staff. The Trader is never liable for consequential or business damage, indirect damage or loss of turnover.
4. If the Trader is obliged, for whatever reason, to compensate any damage, the compensation shall never exceed an amount equal to the invoice value of the product or service by which or in connection with which the damage was caused.
5. Without prejudice to the provisions of this article, there can be no warranty in the event of normal wear and tear and/or rust formation, and further in the following cases (see also the warranty provisions in this respect):
   • if changes have been made in or to the product, including repairs that have not been carried out with the permission of the Trader or the manufacturer;
   • if the original invoice cannot be produced, has been altered or has been rendered illegible;
   • if defects are the result of use that does not correspond to the intended purpose, or of improper use;
   • if defects are the result of incorrect use or insufficient maintenance;
   • if damage has arisen through conduct falling within the Counterparty’s sphere of risk, such as but not limited to situations involving intent, gross carelessness or negligence in or when handling the product by the Counterparty.
6. The Counterparty is obliged to indemnify the Trader against any claim that third parties may assert against the Trader in connection with the contract, insofar as the law does not prevent the damage and costs concerned from being borne by the Counterparty. Unless the Trader indicates otherwise, the Counterparty is obliged to return the product to the Trader in order to enable a proper assessment and handling of the warranty claim. If a complaint is found to be justified, the Trader undertakes to repair the product or to supply an equivalent product, unless agreed otherwise.

Article 9 – Delivery / performance and retention of title

1. The Trader shall exercise the greatest possible care when receiving and performing orders for products and when assessing requests for the provision of services.
2. The address made known by the Counterparty to the Trader counts as the place of delivery.
3. With due observance of what is stated in article 4 of these general terms and conditions, the trader shall perform accepted orders promptly, but no later than within 14 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be performed or can only be performed in part, the Counterparty will be notified of this no later than 5 days after placing the order. In that case the consumer has the right to dissolve the contract free of charge. In the event of dissolution in accordance with the previous paragraph, the Trader shall refund the amount paid by the Consumer as soon as possible, but no later than within 30 days of dissolution.
4. If delivery of an ordered product proves impossible, the Trader shall make an effort to make a replacement item available. At the latest upon delivery it will be stated clearly and comprehensibly that a replacement item is being supplied. For replacement items the right of withdrawal is not excluded. The cost of return shipment is borne by the Trader.
5. The risk of damage to and/or loss of products rests with the Trader until the moment of delivery to the Counterparty, unless expressly agreed otherwise.
6. All products supplied remain the exclusive property of the Trader until the Counterparty has paid the purchase price or all other amounts relating to the purchase/sale and delivery of the product to the Trader in full.
7. As long as title to the goods has not passed, the Counterparty may not pledge the products or encumber them with third-party rights, other than within the normal conduct of its business. At the Trader’s first request, the Professional counterparty undertakes to cooperate in establishing a right of pledge on the claims it obtains or will obtain against its customers by reason of onward delivery of goods.
8. The Counterparty is obliged to store the goods delivered under retention of title with care and separately, or in such a way that they are identifiable as the Trader’s property.
9. The Trader is entitled to take back goods delivered under retention of title that are still present at the Counterparty’s premises if the buyer is in default in the performance of its payment obligations or is in payment difficulties, or threatens to be. The Counterparty shall grant the Trader free access to its premises and buildings for the exercise of its rights under the retention of title. The provisions of paragraphs 6 to 9 do not affect the Trader’s other rights.

Article 10 – Payment

1. The customer may settle the amounts due by means of (electronic) payment in advance.
2. The Counterparty has the duty to report inaccuracies in payment details provided or stated to the Trader without delay.
3. If the Counterparty fails to meet its (payment) obligations towards the Trader, it is obliged to compensate the resulting damage suffered by the Trader as well as extrajudicial costs. The extrajudicial costs of a reminder amount to at least 50 euros on each occasion (after expiry of the first reminder period), excluding any other reasonable extrajudicial collection costs of a professional collection agency or bailiff and any reasonable costs of legal assistance and/or legal proceedings.

Article 11 – Force majeure

1. In the event of force majeure the Trader is not obliged to fulfil its obligations towards the Counterparty; rather, the obligation is suspended for the duration of the force majeure.
2. Force majeure means any circumstance beyond the Trader’s control that wholly or partly prevents the fulfilment of its obligations towards the Counterparty. Such circumstances include strikes, fire, business disruptions, energy disruptions, and failure or late delivery by suppliers or other third parties engaged. Force majeure also includes disruptions in a (telecommunications) network or connection or in the communication systems used, and/or the internet site being unavailable at any given moment.

Article 12 – Complaints procedure

1. Complaints about the performance of the contract must be submitted to the Trader in full and clearly described, within a reasonable time after the Counterparty has established the defects.
2. Complaints submitted to the Trader are answered as soon as possible, but no later than within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the Trader shall reply within the 14-day period with an acknowledgement of receipt and an indication of when the Counterparty may expect a more detailed answer.

Article 13 – Applicable law and competent court

1. Dutch law applies exclusively to these Terms and to all rights, obligations, offers, orders and contracts to which these Terms apply.
2. All disputes between the parties shall be submitted exclusively to the competent court in the district where RAP has its registered office.

Article 14 – Other provisions

RAP is entitled at all times to amend these General Terms and Conditions. Contracts already in progress will, after an amendment of the General Terms and Conditions, be performed under the previously agreed terms.