Terms of service
APPLICABILITY
This online shop - that is available through https://ridershub.co - is hosted on Shopify Inc, and is operated by Riders Hub (the “Webshop”). Throughout the Webshop, the terms “we”, “us” and “our” refer to Riders Hub.
These Terms of Service apply to all offers and to all agreements entered into between Riders Hub and you for (1) the purchase of a(n) (electronic) bicycle, including accessories (the “Product”) and/or (2) maintenance and repair services of a Product (altogether: the “Services”), as sold by Riders Hub through the Webshop. Riders Hub reserves the right to unilaterally update, change or replace any part of these Terms of Service by posting updates and/or changes to this website. You can review the most current version of the Terms of Service at any time on this page. It is your responsibility to check this page periodically for changes. Your continued use of or access to this website or the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 1 – OFFERS, ORDERS AND AGREEMENTS
- A quotation or (price) offer shall not be binding on Riders Hub and shall qualify only as an invitation to you to place an order with Riders Hub. Orders with Riders Hub for the provision of Services can be placed through the Webshop (the “Order”).
- An Agreement shall come into existence and shall only be legally binding if and to the extent that Riders Hub has confirmed the Order to you in an Order Confirmation.
- Riders Hub is entitled to refuse (a part of) an Order. If Riders Hub has already sent an Order Confirmation, Riders Hub is entitled to cancel (a part of) the Agreement prior to delivery, giving its reasons for such cancellation (such as such as price changes in (components of) the Product, shortages in stock, personnel understaffing and force majeure). In that event, Riders Hub is not obliged to pay damages and you shall only be entitled to a refund for the payments already made (if any) for the refused or canceled (part of the) Order or Agreement.
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Riders Hub is entitled, but not obligated, to limit the provision of Services to any person, geographic region or jurisdiction. Riders Hub can exercise this right on a case-by-case basis. In addition, Riders Hub is entitled, at sole discretion, to limit or cancel quantities purchased per person, per household or per Order. These restrictions may include Orders placed by or under the same customer account, the same credit card, and/or Orders that use the same billing and/or shipping address. In the event that Riders Hub makes a change to or cancels an Order, Riders Hub may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the Order was made. Riders Hub reserves the right to limit or prohibit Orders that, in Riders Hub’s sole judgment, appear to be placed by dealers, resellers or distributors.
SECTION 2 – PRODUCTS AND FEATURES
- Information on the Product will be provided by Riders Hub to you through the Webshop. Riders Hub shall observe due care in informing you of the figures, measurements, weights,colors and other specifications of the Products and/or Services, but cannot warrant that these shall be free of deviations. Specifications or samples demonstrated in the Webshop shall serve as indications only. If you require additional information in order to conclude the Agreement or for the proper and safe use of the Services, you must request this information from Riders Hub.
SECTION 3 – PRICE AND PAYMENT
- The prices to be paid by you to Riders Hub for Services are included in the Agreement. These are the prices that are indicated in the Webshop at the time of the Order.
- The prices for the Services do not include (non-exhaustive) costs for packaging, transport and delivery, if applicable. For each Order, such additional costs will be indicated in the Webshop and summarized in the Agreement.
- Riders Hub is entitled at all times to change the prices of the Services.
- In the event of an Agreement for the purchase of Services, unless Parties have agreed otherwise in the Agreement, you shall pay in advance of delivery upon placing the Order.
- All Products and parts thereof supplied by Riders Hub shall remain the property of Riders Hub until such time as you have fulfilled all your payment obligations, including claims for failure to perform.
- Payment obligations include the payment of the purchased Services, plus any claims related to the performance of work related to the delivery and claims for damages.
- The retention of title in this clause serves as security for the full payment of all that Riders Hub has to claim from you, for whatever reason.
- You agree to provide current, complete and accurate purchase and account information for all purchases made at the Webshop. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 4 – DELIVERY AND RISK
- Delivery of the Services by Riders Hub to you will be made at the Riders Hub shop at Jan van Galenstraat 60H, 1056 CC, Amsterdam.
- Any delivery period indicated by Riders Hub is an estimate only and is not considered a final deadline. Riders Hub is never liable for exceeding any indicated delivery date.
- Riders Hub is entitled to make partial deliveries, which may also be invoiced separately.
- If you have paid for Services in advance, the ownership of a Product (including a part thereof) will transfer to you after the delivery. If you have not paid for the Services in advance, the ownership of the Product will transfer to you after the delivery and after you have paid all outstanding amounts and all claims Riders Hub has against you.
- Riders Hub shall notify you once the Services have been provided and the bicycle is ready for pickup. This notification may also be given if the Services cannot be completed due to Force Majeure, or if Riders Hub determines at its sole discretion that the bicycle is irreparable. You will have two days from the day of completion to collect the bicycle following this notification. Beginning on the third day after notification, Riders Hub is entitled to charge you with a storage fee of EUR 10 per day for each day the bicycle remains uncollected ("Storage Fee").
SECTION 5 – RIGHT OF WITHDRAWAL AND RIGHT OF RETURN
- Riders Hub handles returns of a Product by you in accordance with its Return Policy.
- Under the conditions as described in the Refund Policy, a customer of Riders Hub who is not acting in the exercise of a profession or business has a period of 14 calendar days to dissolve the Agreement without giving reasons.
- In the event of a product recall, you shall fully cooperate in safely returning the Product to Riders Hub and follow Riders Hub’s instructions in this respect.
SECTION 6 - WARRANTY
- In accordance with article 7:17, paragraph 1 DCC, Riders Hub warrants that the Services will be in conformity with the Agreement.
- Riders Hub will handle warranty claims by you in accordance with the applicable warranty provided by the manufacturers of the Products, as stated in the Order Confirmation and/or the Agreement.
- Riders Hub does not give any warranty for Services regarding wearing parts like saddles, inner and outer tires, grips, brake pads, belts and chains, and any other part that carries the risk of breaking quickly again through use.
- In the event you (for whatever reason) have a right to a partial refund of the Product – for example, if a product is not in conformity with the Agreement and repair or replacement of that Product, whether or not under the applicable warranty policy, is not possible (anymore) – Riders Hub will calculate a partial refund, taking into account the age, mileage and condition of the Product.
SECTION 7 - PERSONAL INFORMATION
- Your submission of personal information through the store is governed by Riders Hub’s Privacy Policy.
SECTION 8 - ERRORS, INACCURACIES AND OMISSIONS
- Occasionally there may be information on the Webshop that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. Riders Hub reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel Orders if any information on the Webshop is inaccurate at any time without prior notice (including after you have submitted your Order).
SECTION 9 - LIMITATION OF LIABILITY
1. Riders Hub shall not be liable for any damages resulting from a defect in the Services, except in the case of intent of deliberate recklessness of Riders Hub.
2. The liability of Riders Hub shall at all times be limited to the sum insured that shall be paid in such case under the professional liability insurance policies taken out by Riders Hub, increased by the deductible that shall be at the expense of Riders Hub in such case pursuant to the insurance cover notes. These insurance policies have limited cover, interalia with respect to the amount of damages and the number of insured events per year.
Upon request access may be obtained to the insurance cover note. Should no payment be made by virtue of aforementioned insurance policies, regardless of the grounds, the liability of Riders Hub shall be limited (capped) at 5% of the total value of the Order, up to a maximum of € 5.000 (five thousand Euros).
SECTION 10 – INDEMNIFICATION
1. You agree to indemnify, defend and hold harmless Riders Hub and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 11 – FORCE MAJEURE
- Riders Hub shall in any event not be in breach of the Agreement if its failure to perform (or the delay of its performance) is due to Force Majeure.
- For the purpose of these Terms & Conditions, Force Majeure shall have the meaning as set out in article 6:75 DCC and can include, inter alia (non-exhaustive): the shortage of materials, unforeseen price increases or any unforeseen change of financial circumstances, transport impediments, non-performance by suppliers or subcontractors of Riders Hub, inability to obtain the required licenses or consents, work strikes and lack of personnel, war, extreme weather conditions, cybercrime, hacks, pandemics or epidemics, governmental action (for example export or import restrictions), collapse of buildings, fires, explosions, geopolitical circumstances, power failures and natural disasters.
- Riders Hub shall, as soon as reasonably practicable after the date Force Majeure has started, inform you of the Force Majeure and of the consequences of the Force Majeure on the performance of its obligations under the Agreement. Riders Hub shall use its best endeavours to mitigate the effect of the Force Majeure on the performance of its obligations.
- If the period of Force Majeure should last longer than six (6) months, both Parties will have the right to terminate the Agreement, in whole or in part, without an obligation to pay damages.
SECTION 12 – SEVERABILITY
- In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed2. from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
- The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Service.
SECTION 13 – TERMINATION
- Each Party has the right to terminate (in Dutch: opzeggen) the Agreement in whole or in part with immediate effect by giving written notice if one of the following events occurs:
- a. the other party becomes insolvent, applies for or has been granted a suspension of payment (whether or not provisional) or debt restructuring, or has become subject to another similar scheme;
- b. the other party has a liquidator, administrative receiver or similar officer appointed over all or a substantial part of its assets.
2. In the event of termination by Riders Hub on the basis of this article, Riders Hub shall in no way be liable for any damages or costs incurred by you.
SECTION 14 - GOVERNING LAW AND COMPETENT COURT
- These Terms of Service and any separate agreements whereby Riders Hub provides you Services shall be governed by and construed in accordance with the laws of Netherlands.
- Any dispute arising out of or in connection with any Agreement shall be exclusively referred to the Court of Amsterdam, the Netherlands.
SECTION 15 - CONTACT INFORMATION
1. Questions about the Terms of Service should be sent to us at hello@ridershub.co.
Our contact information is posted below:
Riders Hub B.V.
hello@ridershub.co
Jan van Galenstraat 60H, 1056 CC, Amsterdam.
Chamber of commerce number: 90744144
VAT ID: NL865437208B01