Terms and conditions2018-10-18T13:14:41+00:00

Terms and conditions

GENERAL

These General Terms and Conditions apply with effect from 1 May 2018.
These General Terms and Conditions were drawn up in consultation with the Consumers’ Association and the ANWB within the framework of the SER Coordination Group Self-Regulatory Consultation (CZ).

 

DEFINITIONS
In these terms and conditions:
• two-wheeler: all types of (electric) bicycles, mopeds, mopeds, motorcycles (including motor scooter) and scooters (including mopeds), with or without a sidecar;
• the two-wheeler to be purchased: the two-wheeler sold as part of the contract by the consumer to the entrepreneur, also called trade-in (moped or mustache) bicycle / scooter / motorcycle;
• the contract: the contract for the purchase and sale of a new or used two-wheeler, parts or accessories;
• the entrepreneur: natural or legal person who, as a member of BOVAG Bicycle companies / Motorized Two-wheelers, concludes an agreement concerning a new or used two-wheeler, parts or accessories, or the person who performs or instructs a consumer with regard to a two-wheeler, parts or accessories. to carry out;
• the consumer: natural person who acts for purposes that are outside his business or professional activities and who enters into a purchase agreement or assignment relating to a new or used two-wheeler, parts or accessories;
• the assignment: the agreement concluded with the consumer to perform activities such as assembly, disassembly, repair or maintenance work, voluntary or statutory inspections, damage assessments or emergency repairs, which are temporary solutions instead of a traditional, more permanent way to repair a defect. remedy. Emergency repairs are intended to help consumers get started again;
• non-avoidable costs: all costs that are not optional for the consumer and that are necessary to drive away with the purchased two-wheeler. These costs must be included in the indicated price of both the new and the used two-wheeler. In practice, this means that with every new two-wheeler the VAT, the recycling contribution, the costs of a zero turn, the transport costs to the dealer are already included in the indicated price. With new marked two-wheelers, the fees and costs of the license plate are already included in the indicated price and with a new motorcycle the price also includes bpm;
• avoidable costs: optional additional agreed costs for the consumer. These costs do not necessarily have to be included in the indicated price of the two-wheeler, such as extra purchased accessories or parts;
• in writing: in writing or electronically
• the guarantee:
a. the guarantee given by the manufacturer, importer or entrepreneur on those two-wheelers, parts and accessories;
b. the warranty described in the BOVAG Guarantee Certificate for a used motorcycle / scooter / moped / moped or the BOVAG Guarantee for a used bicycle that can be provided by the entrepreneur;
c. on work: the BOVAG repair and maintenance guarantee.

 

Article 1 Identity of the entrepreneur
Name entrepreneur: Shinga BV
Business address: Molendijk Zuid 23B, 5482 WZ Schjindel, The Netherlands
Telephone number: +3173 203 2487 (during office hours)
Email address: info@shinga.nl
Chamber of Commerce number: 62140957
VAT identification number: NL854680950B01

 

Article 2 – Applicability
These General Terms and Conditions apply to all agreements and assignments concluded between the entrepreneur and the consumer.

 

BUY

 

Article 3 – The offer
1. The entrepreneur makes an offer verbally or in writing. The offer is accompanied by the general conditions.
2. This offer provides a complete and accurate description of the offer, i.e. the price and the rights and obligations of the consumer and the entrepreneur. The description of the offer is sufficiently detailed to allow a proper assessment of the offer by the consumer.
3. The offer includes the price of the offered two-wheeler, the offered part, or the offered accessory. The price of a offered two-wheeler includes the non-avoidable costs.
4. If the entrepreneur uses images of the two-wheeler, part or accessory, then these are truthful.
5. Obvious mistakes in the offer do not bind the entrepreneur.
6. The consumer must accept within the period set by the entrepreneur. If no period is given, the consumer must immediately accept it.

 

Article 4 – The contract
The entrepreneur writes the agreement in writing and gives the consumer a copy of it.

 

Article 5 – The content of the agreement
1. In the written agreement, at least:
• the identity of the entrepreneur such as trade name, location address, telephone number and e-mail address;
• the description of the two-wheeler, parts or accessories;
• the price and description of the two-wheeler to be purchased including parts or accessories;
• the price of the two-wheeler including accessories at the time of purchase. The price includes the non-avoidable costs. The agreement indicates whether it is a fixed or a non-fixed price; or:
• the price of a separately purchased part or accessory;
• the costs that can be avoided when buying a two-wheeler;
• the reference to the guarantee provisions whereby the entrepreneur or a third party such as the manufacturer or importer acts as guarantor.
The warranty provisions of this third party are inspected;
• the method of payment;
• the delivery date and whether this is a probable or fixed date. If no delivery date has been agreed, the two-wheeler, part or accessory will in any case be delivered within thirty days after the conclusion of the agreement.
2. The entrepreneur mentions in the purchase agreement for a new electric bicycle:
• a reasonable indication of the replacement costs of the battery at the time of the purchase
• and a reasonable indication of the lifespan and range of the battery at the time of the purchase.
The actual life and range of an electric bicycle depends on factors such as weight of rider, wind strength, tire pressure and the timely and correct charging of the battery. With the aging of the battery, this range decreases noticeably.

 

Article 6 – Price changes
1. If there is a fixed price, the entrepreneur cannot raise the price after the agreement has been concluded, unless there is a change in a levy by the government, in any case, this will be a changed tax or excise duty.
2. If the agreement itself shows that there is a non-fixed agreed price, the entrepreneur can change the price on the basis of a change in: a levy by the government, factory prices, import prices or exchange rates. The entrepreneur informs the consumer as soon as possible of a price change and the reason for this. In the event of a price increase, the consumer can dissolve the agreement within ten days, unless the price increase is the result of a change in a government levy.
3. If an entrepreneur has indicated that the price is not fixed, he must also pass on changes in the consumer’s favor in the price.
4. If the entrepreneur has been declared in default on the basis of article 8, but the stipulated period has not yet expired, then only a price increase on the basis of a change in a levy may be passed on by the government.
5. As soon as the entrepreneur remains in default, no price increase may be passed on.

 

Article 7 – The risk for the bicycle
1. If the purchased bicycle is broken or lost before the bicycle is delivered to the consumer, then this is for the account and risk of the entrepreneur.
2. If the bicycle to be purchased is broken or lost before the trade-in- bicycle has been delivered to the entrepreneur, this will be at the expense and risk of the consumer.

 

Article 8 – Delivery and default
1. In the case of a fixed delivery date, the entrepreneur is in default as soon as this date has expired.
2. In case of a suspected delivery time, the consumer must first give the entrepreneur written notice of default (reminders). This means that the trader will receive a period of three weeks after the notice of default to be delivered. If the entrepreneur has not yet delivered the bicycle, part or accessory after the expiry of this period, the entrepreneur is in default.
3. In these cases no notice of default is required by the consumer:
• the entrepreneur has informed that it will not deliver;
• if delivery for the agreed delivery date is essential, taking into account the circumstances at the conclusion of the agreement, for example because the consumer has informed or because the bicycle, part or accessory is needed for a special occasion.

 

Article 9 – Consequences of default
1. If the entrepreneur is in default on the basis of article 8, the consumer may dissolve the agreement.
2. The consumer can also claim compensation for his damage, unless the entrepreneur can invoke force majeure.

 

Article 10 – Cancellation
1. The consumer can cancel the contract, even if the entrepreneur is not in default.
2. Cancellation can be made up to the purchased bicycle, part or accessory, or the bicycle to be purchased and the cancellation must be made in writing.
3. The consumer must compensate all damage due to the cancellation. This damage is set at 15% of the total purchase price of the bicycle, part or accessory, unless the parties have agreed otherwise at the conclusion of the agreement.
4. The damage must be paid within ten days after cancellation. If the consumer has not paid after ten days, the entrepreneur may inform the consumer in writing that the consumer must still comply with the agreement. The consumer can then no longer appeal to the cancellation.
 

 

Article 11 – Right of withdrawal
With products:
1. The consumer can terminate an agreement regarding the purchase of a product during a reflection period of at least 14 days without giving any reason. The trader may ask the consumer about the reason for the withdrawal, but not to oblige him to state his reason (s).
2. The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
a. if the consumer ordered several products in the same order: the day on which the consumer, or a third party designated by him, received the last product. The entrepreneur may, provided he has informed the consumer in a clear manner prior to the ordering process, refuse an order of several products with a different delivery time.
b. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or the last part;
c. in contracts for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

 

Article 12 – Obligations of the consumer during the cooling-off period
1. During the cooling-off period, the consumer will handle the product and the packaging carefully. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
2. The consumer is only liable for the value reduction of the product that is the result of a way of handling the product that goes further than allowed in paragraph 1.
3. The consumer is not liable for the value reduction of the product if the entrepreneur has not provided him with any legally required information about the right of withdrawal prior to or at the conclusion of the agreement.

 

Article 13 – Exercise of the right of withdrawal by the consumer and costs thereof
1. If the consumer exercises his right of withdrawal, he shall notify the entrepreneur within the cooling-off period by means of the model withdrawal form or in an unequivocal manner.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product, or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. In any case, the consumer has complied with the return period if he returns the product before the cooling-off period has expired.
3. The consumer shall return the product with all delivered accessories, if reasonably possible in the original state and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates to bear the costs himself, the consumer does not have to bear the costs for return.
6. If the consumer exercises his right of withdrawal, all supplementary agreements will be dissolved by operation of law.

 

Article 14 – Obligations of the entrepreneur in case of withdrawal
1. If the entrepreneur makes the notification of withdrawal by the consumer electronically possible, he will send an acknowledgment of receipt immediately after receipt of this notification.
2. The trader will reimburse all payments from the consumer, including any delivery costs charged by the trader for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait to pay back until he has received the product or until the consumer demonstrates that he has returned the product, whichever comes first.
3. The entrepreneur uses the same payment method that the consumer has used for reimbursement, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.
4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

 

Article 15 – Exclusion of right of withdrawal
The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement:
1. Products or services whose price is subject to fluctuations in the financial market on which the entrepreneur has no influence and which may occur within the withdrawal period;
2. Agreements concluded during a public auction. A public auction is understood to mean a sales method whereby products, digital content and / or services are offered by the entrepreneur to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and / or services;
3. Service contracts, after full execution of the service, but only if:
a. the execution has begun with the express prior consent of the consumer; and
b. the consumer has declared that he will lose his right of withdrawal as soon as the entrepreneur has fully executed the agreement;
4. Package travel as referred to in Section 7: 500 Dutch Civil Code and passenger transport agreements;
5. Service agreements for the provision of accommodation, if a specific date or period of execution is provided for in the agreement and other than for residential purposes, freight transport, car rental services and catering;
6. Agreements with regard to leisure activities, if a certain date or period of execution is provided for in the agreement;
7. Products manufactured according to the consumer’s specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;

 

REPAIR AND MAINTENANCE
 

 

Article 16 – Price quotation and term
1. The assignment for activities is preferably recorded in writing. The entrepreneur gives a price quote and a delivery date in advance. This quotation and delivery date is presumably unless the consumer and the repairer have agreed that there is a fixed price or a fixed delivery date.
2. With a target price of € 20 or more agreed for a bicycle repair, an increase of this target price may not exceed 10%. Otherwise, the entrepreneur will have to discuss the impending cost increase with the consumer. For other two-wheelers, the repair amount must be at least € 50. If the approximate repair amount is higher than € 150, then a 10% threatening increase in costs must be sought.
3. The consumer may always cancel the assignment. The costs that the entrepreneur has already incurred at the moment of cancellation and the work that has already been completed, must be paid.
4. The trader will immediately notify when the work is about to be completed later than the delivery date. The entrepreneur also tells when the work will be completed.
5. If a fixed delivery date is exceeded, the consumer is entitled to reasonable compensation, unless there is a case of force majeure on the part of the entrepreneur.

 

Article 17 – The bill
A specified bill is issued for the work performed.

 

Article 18 – Storage costs
1. If the consumer does not collect the two-wheeler within two weeks after he has received notification that the repair is finished, the entrepreneur can charge a fee for parking costs.
2. The parking costs are the costs that are normally charged by the entrepreneur. If there are no fixed parking costs, the entrepreneur will charge a reasonable fee.

 

Article 19 – Right of retention
1. The entrepreneur can exercise right of retention on the bicycle, part or accessory. This means that the entrepreneur does not return the bicycle, part or accessory until the consumer has paid the invoice for this or previous work or other costs.
2. The entrepreneur may also exercise the right of retention if the dispute about the activities has been brought before the Disputes Committee Bicycles referred to in Article 28, or before the courts, unless the consumer has provided sufficient (substitute) security, for example by depositing in the deposit. at the Disputes Committee.

 

Article 20 – Replacement parts
1. If a consumer requests the old parts for the order, he will receive them after replacement.
2. When a warranty claim has to be handled between the entrepreneur and a guarantor, such as a manufacturer or an importer, the entrepreneur can refuse to issue the parts.
3. If the consumer has not, or not in time, requested the parts, the replaced parts will also become the property of the entrepreneur, without the consumer receiving compensation for this.

 

Warranty
 

 

Article 21 – Warranty on purchased bicycles and parts / accessories
1. Consumer has – except for warranty – also legal rights, because he has purchased as a consumer. Entrepreneur guarantees that the delivered product complies with the agreement (conformity). Entrepreneur also guarantees that the product possesses those properties which, taken into account all circumstances, are required for normal use, as well as for special use insofar as this has been agreed. In case of a repair on the basis of the guarantee as referred to in this article and in article 22, the entrepreneur provides an appropriate solution for transport problems of the consumer.
2. On new bicycles and on new parts, the manufacturer or importer gives a manufacturer’s warranty. In addition, a consumer still has his legal rights.
3. On used bicycles the entrepreneur grants a minimum of six months BOVAG Guarantee, unless the consumer has expressly stated in writing that he does not accept the BOVAG Guarantee. There must, however, be certain minimum purchase amounts, see paragraph 4.
4. The purchase price of a used bicycle must be € 250, – or more. The purchase price of a used moped, scooter and moped must be at least half of the original list price of this two-wheeler. The purchase price of a used motorcycle must be at least 35% of the original catalog value of this motorcycle if the purchase amount is at least € 3000.
5. BOVAG Warranty will never be provided on spare parts supplied separately. Defects that originate outside the European Economic Area (EEA) are not covered by the warranty on used bicycles, unless the consumer demonstrates that the defects did not arise due to conditions deviating from the EER, such as relatively poor roads or fuel of a poorer quality.
We have listed our full warranty conditions separately.

 

Article 22 – BOVAG repair and maintenance guarantee on two-wheeler, part, accessory
1. On the basis of the law on conformity, the entrepreneur guarantees that the work performed by him complies with the order and is executed with good workmanship and using sound material.
2. Within the European Economic Area and in the case of bicycles / mopeds / scooters / mopeds, parts or accessories, the trader guarantees for three months after the delivery of this repaired or maintained two-wheeler, part or accessory that the instructions have been carried out correctly by him, or that he has carried out the assignments well and that good materials have been used. With motorcycles, parts or accessories the entrepreneur guarantees the same, but for six months.
3. There are exceptions that the guarantee does not apply:
a. Does it concern (not excessive) wear and tear on tires or gears, for example, or defects due to improper maintenance, which for example has not been carried out in accordance with the manufacturer’s instructions that have not been performed by (or on behalf of the entrepreneur), this guarantee does not apply.
b. This guarantee does not apply even if the consumer himself has taken materials, parts or accessories to be used by the entrepreneur. This guarantee also does not apply if the consumer has demanded the use of a certain material / part / accessories that the operator would otherwise not have used. If the consumer of the entrepreneur has demanded certain methods for carrying out work, the guarantee does not apply if the execution required by the consumer deviates from the method that the entrepreneur would have liked to follow. The consequences of defects or unsuitability of this type of parts, materials, accessories, or working methods are therefore at the expense and risk of the consumer, unless the entrepreneur has failed in his expertise or due care in carrying out the work. .
c. If the consumer requests the operator to carry out emergency repairs on the bicycle, part or accessory, no guarantee will be given.
d. The consumer reports as soon as possible after discovering a problem that he experiences problems with the repaired or maintained bicycle, part or accessory. If the consumer fails to do so, this could result (if that is reasonable in view of the circumstances), that the consumer can no longer successfully invoke the warranty.
e. If the entrepreneur does not have a chance of the consumer to solve problems with the bicycle, spare parts or accessories he has repaired or repaired himself, the consumer cannot make a warranty claim. Unless the situation in paragraph 4 occurs.
f. If a third party performs work on the bicycle, part or accessory repaired or maintained by the entrepreneur, the consumer cannot invoke the guarantee because of this work, unless the situation in paragraph 4 arises. However, the consumer does have a warranty claim if work by a third party has nothing to do with the work that the entrepreneur had previously carried out on this bicycle, this part or accessory.
4. An exception to paragraph 3 sub e and f may occur if there is a direct need to repair the repaired or maintained bicycle. The emergency situation must then occur at a location that is not close to the business premises of the entrepreneur. The consumer must also be able to demonstrate this necessity. The consumer can do this with data from the other company or with the broken bicycle parts. If a company is reinstated within the country’s borders of the Netherlands, this company must be a member of BOVAG, unless there is no BOVAG member in the neighborhood and the consumer and entrepreneur have agreed that this requirement could be abandoned. If the emergency occurs outside the Netherlands’ borders and if the bicycle has been repaired by a third-party company established abroad, the costs of this foreign third party will be reimbursed up to the price level as applicable in the business of the entrepreneur.

 

GENERAL PROVISIONS
 

 

Article 23 – Payment
1. Payment must be made in cash or by means of transfer to the entrepreneur’s bank account. Payment must be made at the moment of delivery of the bicycle, part or accessory or when delivering the work.
2. Entrepreneur and consumer can agree in writing that there is no need to pay directly. If no exact payment moment is set, the payment term is one month.
3. The consumer must pay the amount due before the payment date expires. If he does not do so, the entrepreneur will send a free payment reminder after that date and give the consumer the opportunity to pay the outstanding amount within fourteen days after receipt of this payment reminder.
4. If the payment reminder has still not been paid after the payment reminder expires, the entrepreneur may charge interest from the moment of default. This interest is equal to the statutory interest.
5. Collection costs may also be charged for extrajudicial costs. The amount of these costs is subject to (statutory) limits. This may be deviated from in favor of the consumer.

 

Article 24 – Reservation of title on a bicycle
The bicycle delivered to the consumer remains the property of the entrepreneur until the consumer has paid everything he had to pay on the basis of the purchase agreement. Until the consumer has paid everything, he must insure the bicycle against total or partial loss. He must also have the maintenance carried out on the bicycle at his expense. The consumer is liable as holder and driver of the bicycle.

 

Article 25 – Remote / outside showroom
Consumer has rights and obligations that follow from the provisions for agreements between traders and consumers, see book 6 title 5 section 2b of the Dutch Civil Code.
This only applies if a contract / assignment has been concluded at a distance and outside sales areas, in the sense of 6: 230g Dutch Civil Code. The legal provisions then apply in addition to and in derogation from these general terms and conditions.

 

Article 26 – Deviations
Deviations, and thus also additions or extensions of these general terms and conditions, are only valid if they have been recorded in writing by both parties and if the consumer is not put in an unfavorable position by these deviations than he or she would have without these deviations. Deviations from the BOVAG Guarantee Certificate and from the BOVAG repair and maintenance guarantee are invalid.

 

Article 27 – Mediation arrangement
1. A consumer who has complaints about the sale of a used bicycle or about the implementation of the BOVAG repair and maintenance guarantee must first go to the entrepreneur.
2. If it appears that the consumer is not satisfied with the result of the complaint handling by the entrepreneur, the following applies: the consumer can submit a dispute to BOVAG Mediation within six weeks of the occurrence. The mediation attempt will go according to regulations that the parties have received in advance. The address of BOVAG Mediation is: Postbus 1100, 3980 DC in Bunnik. Phone number +3130 65 95 395. This mediation regulation applies to complaints about the sale of a used bicycle. The consumer must only be able to claim the BOVAG Guarantee as referred to in Article 16. The consumer can of course choose to submit the complaint to the disputes committee. If a consumer can rely on a guarantee issued by the manufacturer or importer on a new bicycle, parts or accessories, an appeal to BOVAG mediation is not possible.

 

Article 28 – Dispute resolution
1. If there is a dispute about the manner in which the order or the agreement has been concluded or has been executed, the consumer or the entrepreneur can submit it to the Disputes Committee for Two-wheelers. Address: De Disputes Committee, PO Box 90600, 2509 LP in The Hague (visiting address Borderwijklaan 46 2591 XR in The Hague). Consumers can at that time also choose to go to court with their dispute.
2. This dispute settlement only applies to disputes between consumers and members of BOVAG Bicycle companies / Motorized Two-wheelers. It also applies only to:
a. the contract of purchase and sale of a new two-wheeler, part or accessory. This unless the consumer complains on the basis of a guarantee issued by the manufacturer or importer of the two-wheeler, part or accessory;
b. the contract of purchase and sale of a used two-wheeler in which the consumer has not expressly stated in writing that he does not accept BOVAG Warranty. The purchase price of the used motorcycle may not be less than 35% of the original catalog value and must be at least € 3000. The purchase price of the used moped, scooter and moped may not be less than half the catalog price in the year of construction of the two-wheeler. The purchase price of the used bicycle may not be less than € 250, -;
c. the agreement to which the BOVAG repair and maintenance guarantee mentioned in article 22 of these general terms and conditions applies.
3. The dispute must be brought before the Disputes Committee for Two-wheelers within twelve months after the date on which the consumer has complained to the entrepreneur. Once this choice has been made for the Disputes Committee, the consumer can then only go to court, after the Disputes Committee declares himself to be unauthorized or inadmissible, or to have a binding opinion made by the Disputes Committee assessed in a timely manner by the Court. Enabling can take place in writing, or in another form to be determined by the Disputes Committee for Two-wheelers. A dispute arises after the complaint handling by the entrepreneur and / or through the mediation attempt of BOVAG Mediation has not been successful.
4. The Disputes Committee for Two-wheelers makes a decision in the form of a binding recommendation. This is done in accordance with regulations that both parties to the dispute are notified in advance. These regulations form part of these agreements between the consumer and the BOVAG member.
5. For the handling of the dispute by the Disputes Committee Two-wheelers, the consumer must pay a fee.
6. A judgment of the Disputes Committee Two-wheelers can no longer be affected by a court if more than two months after its dispatch have expired and no appeal has been made to the ordinary court.

 

Article 29 – Guarantee of fulfillment
BOVAG guarantees the fulfillment of the binding advice of the disputes committee by the entrepreneur who is affiliated with BOVAG. This is not the case, however, if the entrepreneur decides to submit the binding opinion to the court for review within two months and the court declares the binding advice non-binding and can no longer challenge the award.
The guarantee applies to € 450, – and under the condition that the consumer transfers his claim on the entrepreneur to BOVAG. For amounts in excess of € 450, – BOVAG will try to persuade the entrepreneur to pay through the courts. If that succeeds, the cashed above € 450 will be transferred to the consumer.
BOVAG does not provide a performance guarantee if there is one of these situations, before the consumer has fulfilled certain formal intake requirements (payment of complaints money, return completed and signed questionnaire and any deposit deposit) that are necessary for handling the dispute. It concerns the situation of bankruptcy, suspension of payment or business termination of the entrepreneur. Decisive for the latest situation is the date on which the business closure is registered in the Trade Register or an earlier date, of which BOVAG can make it plausible that the business activities have actually ended. BOVAG will pay an amount up to a maximum of € 450 per dispute if the bankruptcy or moratorium has been pronounced or the entrepreneur has terminated her business after the consumer has met the collection requirements.

 

Article 30 – Processing personal data
The personal details of the consumer that are stated on the contract or the order are processed by the entrepreneur in accordance with the General Data Protection Regulation. On the basis of this processing the entrepreneur can:
– carry out the order or execute the purchase agreement and fulfill his guarantee obligations towards the consumer;
– provide the consumer with optimal service;
– provide him / her with product information and make personalized offers in case of a legitimate interest. Against processing for the purpose of direct mailing, any objection to be filed by the consumer with the entrepreneur will be honored.

 

Article 31 – Choice of law
Dutch law applies to this agreement.

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