Terms of service
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: the period within which the consumer can exercise their right of withdrawal.
Consumer: the natural person who does not act in the course of a profession or business and enters into a distance agreement with the entrepreneur.
Day: calendar day.
Continuing performance contract: a distance contract relating to a series of products and/or services, for which the obligation to deliver and/or receive is spread over time.
Durable data carrier: any medium that enables the consumer or entrepreneur to store information personally addressed to them in a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period.
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance.
Distance contract: an agreement concluded within the framework of an organized system for distance selling of products and/or services, whereby up to and including the conclusion of the contract, exclusive use is made of one or more means of distance communication.
General Terms and Conditions: these present General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
Handelsonderneming D. Gerritsen
Franciscusstraat 35, 6909 AT, Babberich
Email: blitzbikesteam@outlook.com
Chamber of Commerce (KvK): 98085093
VAT number: NL003636890B34
Article 3 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur shall indicate before the contract is concluded that the terms can be viewed at the entrepreneur’s premises and will be sent free of charge upon request.
If the contract is concluded electronically, the text of these terms and conditions may be made available to the consumer electronically, in such a way that they can be easily stored on a durable data carrier. If this is not possible, the entrepreneur will indicate where the terms can be accessed electronically and that they will be sent electronically or otherwise free of charge upon request.
If, in addition to these general terms and conditions, specific product or service terms apply, the second and third paragraphs apply accordingly, and in case of conflicting provisions, the consumer may rely on the condition that is most favorable to them.
If any provision of these terms is found to be invalid or annulled, the remaining provisions shall remain in full force, and the invalid clause will be replaced by one that approximates the original intent as closely as possible.
Situations not covered by these terms shall be assessed “in the spirit” of these general terms and conditions.
Ambiguities about the interpretation or content of one or more provisions shall also be interpreted “in the spirit” of these terms.
Article 4 – The offer
If an offer has a limited validity period or is made under conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur reserves the right to modify or adjust the offer.
The offer includes a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment by the consumer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images and specifications in the offer are indicative and cannot lead to compensation or dissolution of the agreement.
Displayed product colors may differ slightly from actual colors.
Each offer contains information that clearly states the consumer’s rights and obligations upon acceptance, particularly regarding:
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the total price including taxes;
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possible shipping costs;
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how the agreement will be concluded;
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whether the right of withdrawal applies;
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payment, delivery, and execution details;
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the validity of the offer and price guarantee period;
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communication costs if different from regular rates;
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whether the contract will be archived and how it can be accessed;
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how the consumer can correct entered data before confirming the order;
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any other languages available for the contract;
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the minimum contract duration for long-term transactions.
Optional: available sizes, colors, and material types.
Article 5 – The contract
Subject to the provisions in paragraph 4, the contract is concluded when the consumer accepts the offer and meets the stated conditions.
If the consumer accepts the offer electronically, the entrepreneur shall immediately confirm receipt of acceptance electronically. As long as this confirmation has not been received, the consumer may dissolve the agreement.
If the contract is concluded electronically, the entrepreneur shall implement appropriate technical and organizational measures to secure data transmission and provide a safe online environment. If electronic payment is possible, suitable security measures will be observed.
The entrepreneur may, within legal boundaries, verify whether the consumer can meet their payment obligations and assess other relevant factors. If the entrepreneur has valid reasons to not proceed, they may refuse an order or attach special conditions.
The entrepreneur will include with the product or service the following information in writing or on a durable medium:
a. the address where the consumer can submit complaints;
b. information about the right of withdrawal or its exclusion;
c. warranty and after-sales service information;
d. the details mentioned in Article 4 paragraph 3;
e. cancellation requirements for long-term contracts.
Every agreement is concluded subject to sufficient product availability.
Article 6 – Right of withdrawal
When purchasing products, the consumer has 14 days to withdraw without giving any reason.
This period starts the day after receipt of the product by the consumer or a representative.
During the cooling-off period, the consumer must handle the product and packaging carefully and only inspect it as necessary to determine whether they wish to keep it.
If the consumer exercises their right of withdrawal, the product must be returned with all accessories, in its original condition and packaging, in accordance with reasonable and clear instructions provided by the entrepreneur.
To exercise the right of withdrawal, the consumer must notify the entrepreneur within 14 days after receipt via written message or email.
After notification, the product must be returned within another 14 days.
Proof of timely return must be provided (e.g., via shipping receipt).
If the consumer does not notify or return within these periods, the purchase becomes final.
Article 7 – Costs in case of withdrawal
If the consumer exercises their right of withdrawal, return shipping costs are at the consumer’s expense.
If the consumer has already paid, the entrepreneur will refund the amount as soon as possible, but no later than 14 days after withdrawal, provided the returned product has been received or proof of return is supplied.
Article 8 – Exclusion of the right of withdrawal
The entrepreneur may exclude the consumer’s right of withdrawal for certain products or services, as described below, if clearly stated in the offer and before the contract is concluded.
Exclusion applies to products:
a. made to the consumer’s specifications;
b. clearly personal in nature;
c. which by their nature cannot be returned;
d. which can deteriorate or expire quickly;
e. whose price depends on financial market fluctuations;
f. newspapers and magazines;
g. audio/video recordings or software whose seal has been broken;
h. hygienic products whose seal has been broken.
Exclusion applies to services:
a. related to accommodation, transport, restaurant, or leisure for a specific date or period;
b. where performance began with the consumer’s consent before the cooling-off period ended;
c. related to betting or lotteries.
Article 9 – Price
During the validity period mentioned in the offer, prices will not increase, except for changes due to VAT or legal adjustments.
Products or services tied to financial market fluctuations beyond the entrepreneur’s control may have variable prices, which will be indicated in the offer.
Price increases within 3 months of the agreement are only allowed if legally required.
After 3 months, price increases are only allowed if stipulated in the contract and:
a. due to legal changes, or
b. the consumer can cancel the contract as of the date the increase takes effect.
All prices include VAT.
Printing and typographical errors are excluded; no obligation exists to deliver at incorrect prices.
Article 10 – Conformity and warranty
- The entrepreneur guarantees that the delivered products comply with the agreement, the specifications stated in the offer, and the reasonable expectations of quality and usability as defined by law.
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All products are covered by the statutory (legal) warranty. This means that the product must perform as a consumer can reasonably expect. For electric scooters, this typically corresponds to a minimum expected lifespan of two years, depending on normal use, maintenance, and purchase price.
If the product shows defects within this period that are not caused by misuse, the consumer is entitled to free repair, replacement, or another appropriate solution. - In addition to the legal warranty, the entrepreneur offers a commercial warranty of 12 months on parts. This additional warranty applies from the date of delivery and covers manufacturing and material defects on essential components such as the motor, controller, frame, and battery housing.
- The warranty does not apply to normal wear parts, such as tires, brake pads, lighting, fuses, and wiring, nor to damage caused by misuse, accidents, neglect, or insufficient maintenance.
- Any defects must be reported in writing to the entrepreneur within a reasonable period after discovery.
- The warranty will lapse if the consumer or third parties carry out repairs or modifications to the product without the entrepreneur’s consent.
Article 11 – Delivery and execution
The entrepreneur will take the utmost care when receiving and fulfilling product orders.
The delivery address is the one provided by the consumer.
Orders will be executed as soon as possible, but no later than 30 days, unless a longer period has been agreed upon.
If delivery is delayed or an order cannot be fulfilled, the consumer will be informed within 30 days and may dissolve the contract at no cost.
If the contract is dissolved, the entrepreneur will refund payments within 14 days.
If a product cannot be delivered, a replacement may be provided; this will be clearly communicated.
For replacement items, the right of withdrawal remains intact, and return costs are covered by the entrepreneur.
The risk of damage or loss lies with the entrepreneur until delivery to the consumer or their representative.
Article 12 – Duration contracts: termination and renewal
Termination
Consumers may terminate open-ended contracts for regular delivery of goods or services at any time with a notice period of up to one month.
Fixed-term contracts may be canceled at the end of the term with the same maximum notice.
Consumers may:
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cancel at any time;
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cancel using the same method used to enter the contract;
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always cancel with the same notice period as the entrepreneur.
Renewal
Fixed-term contracts for the regular supply of goods or services cannot be automatically renewed for a fixed period, except for newspapers/magazines for up to 3 months if the consumer can cancel monthly.
Indefinite renewals may only occur if the consumer can cancel at any time with a one-month notice.
Duration
If a contract exceeds one year, the consumer may cancel after one year with one month’s notice unless otherwise agreed.
Article 13 – Payment
Unless otherwise agreed, consumer payments are due within 7 business days after the start of the cooling-off period (Article 6.1).
For service contracts, this period begins after confirmation of the agreement.
Consumers must immediately report incorrect payment details to the entrepreneur.
In case of non-payment, the entrepreneur may charge reasonable costs disclosed in advance.
Article 14 – Complaints procedure
Complaints about contract performance must be submitted within 7 days after discovery, clearly described, to the entrepreneur.
Complaints will be answered within 14 days of receipt.
If more time is needed, the entrepreneur will notify the consumer within 14 days with an expected response time.
A complaint does not suspend obligations unless confirmed in writing.
If a complaint is found valid, the entrepreneur will repair or replace the product free of charge.
Article 15 – Disputes
Dutch law exclusively applies to all agreements between the entrepreneur and the consumer, even if the consumer resides abroad.