Donkee.eu terms and conditions
1. General
1.1 No rights can be derived from the prices stated.
Donkee.eu is entitled to terminate a sales agreement if the stated conditions are not met.
1.2 These general terms and conditions apply to every sales agreement between Donkee.eu and the customer, only if expressly deviated from these terms and conditions in writing do other agreements apply.
1.3 If there is any uncertainty regarding the interpretation of one or more provisions of these general terms and conditions, the interpretation must be made 'in the spirit' of these provisions.
2. Conclusion of the agreement
2.1 To conclude a sales agreement with Donkee.eu, the customer must complete the steps in the form.
After completing the form, the customer must check his details again before proceeding to the next step.
2.3 Take note of the general terms and conditions, when ordering you automatically participate in the agreement.
2.4 An agreement is concluded after Donkee.eu receives the order form correctly and completely completed by or on behalf of the customer and Donkee.eu has confirmed the order in question for approval. In addition to sending the agreement to the customer, Donkee.eu archives each agreement in its own administration system.
2.5 The customer is obliged to provide Donkee.eu with the correct name, address and place of residence.
The customer must notify Donkee.eu of any changes to this data as soon as possible.
3. Delivery
3.1 The delivery times stated by Donkee.eu are only indicative and will be observed as much as possible. Donkee.eu is not bound by (delivery) periods that can no longer be met due to circumstances beyond its control after entering into the agreement.
3.2 Exceeding any delivery period does not entitle you to compensation, nor the right to cancel your order or terminate the agreement, unless the exceeding of the delivery period is such that you cannot reasonably be expected to maintain the agreement.
In that case, you are entitled to cancel the order or terminate the agreement to the extent necessary.
3.3 If the customer provides Donkee.eu with a written address of an address, Donkee.eu is entitled to send all orders to that address, unless the customer provides Donkee.eu with a written notification of another address to which the orders should be sent.
3.4 Ownership of delivered products will only be transferred if everything you owe to Donkee.eu under the agreement has been paid.
3.5 The risk regarding the products is transferred to the customer at the time of delivery.
The risk of loss or damage to the products that are the subject of the agreement is transferred to the customer at the time when they are brought into the actual control of the customer or an assistant used by the customer.
4. Customer Obligations
4.1 The customer is responsible for thoroughly checking the data he or she provides to Donkee.eu for accuracy or completeness.
Donkee.eu has no responsibility whatsoever to check this information for accuracy or completeness.
4.2 The customer will indemnify Donkee.eu against all costs and damages resulting from the fact that the customer acts contrary to Article 4.1.
4.3 The customer is aware of the legally prescribed maximum speed of 25 km/h, above which the motor may no longer provide assistance.
If you have the limiter removed or if you buy a motorcycle that goes faster than this 25 km/h, you are responsible for it yourself and Donkee.eu cannot be held liable.
4.4 The customer is responsible for protection against water damage (high-pressure spray, transporting on the back of a car, cable installation, etc.)
5. Complaints and liability
5.1 The customer has the obligation to examine upon delivery whether the delivered products comply with the agreement.
If this is not the case, the customer must notify Donkee.eu of this in writing and with reasons as soon as possible, but in any case, within seven (7) days after delivery, or at least after observation was reasonably possible.
5.2 If it has been demonstrated that the delivered products do not comply with the agreement, Donkee.eu has the choice to replace the products in question with new products upon return or to refund the invoice value.
5.3 If the customer does not wish to purchase a product for any reason, the customer has the right to return the product to Donkee.eu within three (3) days after delivery. In this case, returns will only be accepted if the product packaging is undamaged.
The costs for returns are borne by the customer.
5.4 To the extent applicable, Donkee.eu will pass on guarantees from manufacturers to the customer.
6. Orders/communication
6.1 For misunderstandings, mutilations, delays or improper transmission of order data and communications as a result of the use of the Internet or any other means of communication in the traffic between the customer and Donkee.eu or between Donkee.eu and third parties, insofar as they relate to the relationship between the customer and Donkee.eu, Donkee.eu is not liable, unless and insofar as there is intent or gross negligence on the part of Donkee.eu.
7. Compensation and payments
7.1 All prices stated include sales tax (VAT) and other levies imposed by the government.
All fees owed by the customer to Donkee.eu and possible payment methods are listed on the site.
The payment obligation commences on the day the agreement is concluded.
7.2 Donkee.eu expressly reserves the right to change its rates.
From the moment the rate changes are stated on the website, the customer will be bound to the changed rates when placing new orders.
7.3 The customer hereby consents to all actions required to make payment according to the payment method chosen by the customer.
7.4 If the customer has not paid on time, the customer will be notified and a further payment term will be determined.
If payment has not been made within that period, the customer will be in default without further notice of default.
8. Force majeure
8.1 In the event of force majeure, Donkee.eu is not obliged to fulfill its obligations towards the customer. Without prejudice to its other rights, Donkee.eu has the right, in the event of force majeure, to suspend the execution of your order, at its own discretion, or to terminate the agreement without judicial intervention, by notifying you in writing. sharing and this without Donkee.eu being obliged to pay any compensation, unless this would be unacceptable in the given circumstances according to standards of reasonableness and fairness.
8.2 Force majeure means any circumstance beyond its control that prevents the fulfillment of its obligations towards the customer in whole or in part.
These circumstances include strikes, fire, business disruptions, energy disruptions, disruptions in a (telecommunications) network or connection or communication systems used and/or the internet site being unavailable at any time, improper or untimely delivery from suppliers. .
9. Liability and warranty
9.1 Donkee.eu is responsible for the proper and correct delivery of the bicycles, cargo bikes, conversion kit and other products, at the customer's request, for installing the conversion kit.
If the delivered item does not comply with the agreement, the customer must notify Donkee.eu within 8 days of discovery.
The customer is entitled to the rights as set out in Book 7, Title 1, Sections 1 - 7 of the Dutch Civil Code.
9.2 Donkee.eu is never obliged to pay any compensation to the customer or others, unless there is intent or gross negligence on its part.
Donkee.eu accepts no liability for consequential or business damage, indirect damage and loss of profit or turnover.
9.3 If Donkee.eu is obliged to compensate any damage for whatever reason, that compensation will never exceed an amount equal to the invoice value with regard to the product or service that caused the damage.
9.4a From January 1, 2020, all delivered new products from Donkee.eu have a warranty period of 1 year and all second-hand products have a warranty period of three months. All products delivered by Donkee.eu before January 1, 2020 have a warranty period of 1 year (invoice date is decisive), unless expressly agreed or stated otherwise.
9.4b The following warranty exclusions apply:
- If parts such as batteries, displays, chargers, etc. show fall damage.
- If you have opened and/or attempted to repair parts yourself.
- Wear and tear of the battery is not covered by the warranty. Capacity wear of 20% or less per year is not covered by the warranty.
- If a battery is deeply discharged due to a charging interval that is too long, the warranty will be void.
9.5 The warranty expires: - if the wear and tear can be considered normal; - if repairs, changes or extensions have been made to the delivered goods without Donkee.eu's prior consent; - if the original invoice cannot be submitted, has been changed or made illegible; - if, in the opinion of Donkee.eu, the delivered goods have been used, treated and/or maintained carelessly and/or improperly; - if defects have arisen due to causes external to the delivered item; - if damage has been caused by intent, gross negligence or negligent maintenance.
9.6 The warranty can only be invoked by the first owner of the cargo bike in question.
9.6.1 The warranty can only be invoked if the cargo bike was purchased from Donkee.eu.
9.6.2 The warranty is in name only and is not transferable.
9.7 If costs are involved in repairing a defect, the customer will be informed of this.
9.8 Returns and administration costs are borne by the buyer, even within the warranty period:
Return/administration costs €10
9.9 In case of complaints, a consumer must first contact the entrepreneur. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
10 Right of withdrawal
When delivering products:
10. 1 When purchasing products, the consumer has the option to terminate the agreement without giving reasons within 14 days. This reflection period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur.
10. 2 During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product to the entrepreneur with all accessories supplied and - if reasonably possible - in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
10. 3 If the consumer wishes to exercise his right of withdrawal, he is obliged to inform the entrepreneur of this within 14 days of receipt of the product. The consumer must make this known using the model form. After the consumer has indicated that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.
10. 4 If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.
When providing services:
10. 5 When providing services, the consumer has the option to terminate the agreement without giving reasons for at least 14 days, starting on the day of entering into the agreement.
10. 6 To exercise his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.
10.7 If you still want to invoke your right of withdrawal after delivery of a second-hand/used cargo bike or accessories, you can do so within 14 days of receipt of the goods.
10.8 If the customer has not indicated that he wishes to exercise his right of withdrawal or has not returned the second-hand/used product to the entrepreneur, the purchase is a fact.
11. Duration and termination of the Agreement
11.1 Donkee.eu is entitled to terminate the Agreement with immediate effect if the customer does not fulfill one or more obligations, including the payment obligation, does not comply properly or completely.
11.2 Each of the parties has the right to terminate the Agreement with immediate effect without further notice of default or judicial intervention, without being obliged to pay any compensation, if the customer is declared bankrupt, or if the customer's bankruptcy has been filed for, or the customer is in suspension of payment or has applied for suspension of payment, or the customer has been placed under guardianship or administration.
12. Applicable law and competent court
12.1 All rights, obligations, offers, orders and agreements to which these General Terms and Conditions apply are exclusively governed by Dutch law.
12.2 All disputes will be submitted exclusively to the competent court in the Netherlands.
If you have any questions about this, please feel free to contact us.