Terms & Conditions

Bicycle sales – warranties

All our reconditioned bicycles are sold with a two month warranty and have been fully reconditioned by expert mechanics. We sell them as fully roadworthy and safe.

The two-month warranty covers all mechanical faults.

What is NOT covered:

Punctures.
Failure due to usual wear and tear.
Failure due to poor maintenance of the bicycle, e.g. if the chain has not been oiled, a part has been taken off and put back on incorrectly, etc.
Accidents or tampering with the bicycle.
All costs of transportation to and from MTBM HQ in The Hague resulting from warranty claims
All damages arising from participation in competition, stuntriding, jumping, carrying heavy loads,commercial activities or activities simiral to the above mentioned.

In all cases where the fault is covered by the warranty we will endeavour to make good the problem. Where this is not possible, we will offer a replacement bicycle to a similar specification.

Liability

A warranty claim granted by MTBM does not automatically mean that MTBM accepts responsibility for possible consequential damages.

Bicycle sales – refunds

Refunds for bicycle purchases are subject to a restocking/repair charge. This is 20% of the sale price for the first month after the bicycle was purchased from us. Refunds remain at our discretion.

Second-hand parts

We endeavour to only stock and sell second-hand parts that we deem to be in good and usable condition.

General Terms & Conditions

Gravity Sports International (Mountain Bike Minded/MTBM), Mariastraat 107, 2595GM, The Hague, Netherlands. Kvk 78064600

Article 1. Area of application

The Terms and Conditions apply to all offers and agreements to supply items and to perform work by Gravity Sports International (hereinafter referred to as MTBM). We reserve the right to amend these Terms and Conditions at any time. These Terms and Conditions are filed with the Chamber of Commerce in The Hague and shall be forwarded on request by MTBM. The General Terms and Conditions are also available on the internet and can be downloaded from our website www.mtbminded.com.
Additional or other terms and conditions shall be applicable only after written acceptance by MTBM.

Article 2. Offer and Agreement

All offers shall be without obligation and shall be made subject to technical changes. An offer shall be valid for 7 days.
An agreement is concluded after an order confirmation or if the execution of the agreement has been commenced by MTBM.
The costs that have been incurred in the process of concluding an agreement shall be at the expense of the Client if the agreement is not concluded.
Special conditions agreed with our representatives shall only become legally effective after they have been confirmed by us in writing.
If the Client fails to fulfil its obligations resulting from prior agreements, Intersens shall be entitled to cancel further agreements without prejudice to its right to compensation for damage.

Article 3. Prices

The prices are stated in euros, inclusive of BTW (Dutch VAT), excluding packing and shipping costs, unless otherwise stated or agreed.
MTBM reserves the right to change the prices at any time.
Cost increases of items, wages, transport and price increases of suppliers, incurred after an offer has been made or after three months of conclusion of the agreement may be passed on.
Additional charges imposed by the government are always calculated as such.

Article 4. Delivery

Delivery shall take place ex warehouse (Ex Works) The Hague only, and the freight costs shall be at the expense and risk of the Client, unless otherwise agreed.
Insurance of the items to be delivered shall exclusively be effected by order and at the expense of the Client.
If the Client fails to meet its obligations, MTBM shall be entitled to suspend all deliveries until the time the Client has met its obligations.
The stated delivery times are indicative and therefore not binding unless explicitly agreed otherwise. In the event of late delivery, MTBM must therefore be given written notice of default.
MTBM shall be entitled to deliver in parts.
Special offers are only valid for a limited period of time and always while supplies last.

Article 5. Force majeure

In the event of force majeure, Intersens shall not be obliged to perform its obligations. In that case, there is no right to compensation for damages of the Client.
Force majeure means a circumstance, beyond Intersens' will and sphere of influence, which obstructs delivery or execution or makes it impossible. Force majeure shall include: mechanical failures, transport delays, general lack of raw materials necessary, and other items or services required to carry out the agreed execution, strikes and non-timely deliveries by third parties.
In the event of temporary force majeure, Intersens shall be entitled to suspend the execution. Intersens shall notify the Client of the force majeure event. Only if this force majeure should take longer than six weeks, the Client shall be entitled to dissolve the agreement without Intersens being obliged to pay compensation for damage.
If MTBM has already partly met its obligations at the beginning of the force majeure, or can only partly meet its obligation, it shall be entitled to invoice separately the already delivered or deliverable part, and the Client shall be obliged to pay this invoice as if it were a separate agreement. However, this shall not apply if the already delivered or deliverable part has no independent value.

Article 6. Right of retention

If MTBM has custody of any of the Client's items, it shall be entitled to keep those items in custody until the Client has paid all its debt of whatever nature and irrespective of whatever reason it has those items in custody.

Article 7. Retention of title

The ownership of the items shall, despite the actual delivery, only be transferred after the Client has paid all its debt in full to MTBM.
The Client shall not be entitled to avail of the items as long as the ownership is not transferred.
If the Client fails to meet its obligations, or if there is a reasonable fear that it will fail to do so, MTBM shall be entitled to take back or have taken back the delivered items subject to the ownership rights referred to in paragraph 1.

Article 8. Intellectual property

All texts, comments, illustrations and pictures on the websites and in brochures of MTBM are subject to copyright and are worldwide protected by an intellectual property right. Private use is only permitted in accordance with the provisions of Intellectual Property. Any other use without the prior permission of Intersens is a violation of the copyrights and a breach of the intellectual property rights.

Article 9. Complaints

Complaints about delivered items or performed work must be reported to MTBM within eight days of delivery or completion of the work. In the event of a complaint, the Client shall be obliged to immediately give Intersens the opportunity to convince itself of the alleged faultiness, failing which any of the Client's rights relating to the faultiness shall lapse.
The right to claim shall lapse if the item is not in its original condition. This also applies when the Client has made arrangements to improve the alleged faultiness by third parties.
If a complaint is well-founded, MTBM should be given a reasonable period of time to make the necessary arrangements.
In the event of failures, the compensation for damage attributed to the Client shall never exceed the invoice amount of the delivered items to which the failure is related.
Complaints about invoices must be submitted in writing within fourteen days of the date of sending the invoices.
Complaints shall not suspend the obligation to pay.
Items may not be returned without prior written permission.
If the complaints concern transit damages incurred to deliveries that are contrary to the provisions of Art. 4 paragraph 1 transported at the expense and risk of MTBM, the Client must clearly note this on the consignment note before signing it.

Article 10. Guarantee

If any item shows material or manufacturing faults, the Client has the right to replacement, returning the concerned items or parts free of charge, within the guarantee period. If it is a material or manufacturing fault of a part of the delivered item, the specific part only shall be replaced.
The guarantee does not extend to defects caused by normal wear and tear, incorrect handling, insufficient or improper maintenance.
For a detailed list of guarantee periods and specific conditions we refer to our warrenty section above.
A guarantee claim exists only if the Client has fully met its obligations towards MTBM.
The Client can never claim any compensation for damage or rebuilding compensation.

Article 11. Payment for NON-direct internet sales

The invoices must be paid within thirty days of the invoice date (unless otherwise agreed). After exceeding the payment term, 1% delay interest shall be due per month or part of a month.
In case of non-timely payment, the Client shall be obliged to pay the extrajudicial costs if MTBM is forced to charge a third party with the collection of the amount due. These expenses shall be calculated based on bailiff rate.
The Client will be in default after expiry of thirty days of the invoice date, without a notice of default is required.

Article 12. Liability

Unless in the event of gross negligence of MTBM, the liability towards the Client shall be limited to the invoiced value of the items delivered or the work performed.
The Client shall indemnify MTBM against any claims from third parties, unless these claims are a direct consequence of gross negligence of MTBM and the Client is not at fault.

Article 13. Nullity, voidability

The nullity or voidability of any provision of these General Terms and Conditions shall not affect the validity of any other provisions.

Article 14. Applicable law and competent court

All offers and agreements are subject to Dutch law.
Insofar as permitted by law, only the Court in The Hague is competent to resolve disputes.

Privacy Statement

Your privacy is important to MTBM. This privacy statement provides information about the personal information that Intersens MTBM collects, and the ways in which MTBM uses that personal information.

Personal information collection
MTBM may collect and use the following kinds of personal information:

information about your use of this website (including I.P address);
information that you provide using for the purpose of registering with the website (including name, e-mail address, phone number, address);
information about transactions carried out over this website (including name, e-mail address, address, phone number);
information that you provide for the purpose of subscribing to the website services (including name, e-mail address, address, phone number); and
any other information that you send to MTBM.

Using personal information
MTBM may use your personal information to:

administer this website;
personalize the website for you;
enable your access to and use of the website services;
publish information about you on the website;
send to you products that you purchase;
supply to you services that you purchase;
send to you statements and invoices;collect payments from you; and
send you marketing communications.

Where MTBM discloses your personal information to its agents or sub-contractors for these purposes, the agent or sub-contractor in question will be obligated to use that personal information in accordance with the terms of this privacy statement.

In addition to the disclosures reasonably necessary for the purposes identified elsewhere above, MTBM may disclose your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.

Securing your data
MTBM will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.

MTBM will store all the personal information you provide on its secure servers. Information relating to electronic transactions entered into via this website will be protected by encryption technology.

Cross-border data transfers
Information that MTBM collects may be stored and processed in and transferred between any of the countries in which MTBM operates to enable the use of the information in accordance with this privacy policy.

In addition, personal information that you submit for publication on the website will be published on the internet and may be available around the world. You agree to such cross-border transfers of personal information.

Updating this statement
MTBM may update this privacy policy by posting a new version on this website. You should check this page occasionally to ensure you are familiar with any changes.

Other websites
This website contains links to other websites. MTBM is not responsible for the privacy policies or practices of any third party.

Contact Intersens Bikes & Parts BV
If you have any questions about this privacy policy or MTBM's treatment of your personal information, please write:

by post to Mariastraat 107, 2595GM, The Hague, The Netherlands.

Credit
This document was created using a Contractology template available at http://www.contractology.com.

Disclaimer

Last updated: March 23, 2021

Interpretation and Definitions

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If you have any questions about this Disclaimer, You can contact Us:

By email: fabian@mtbminded.com
By visiting this page on our website: https://www.mtbminded.com/contact