General Terms and Conditions
Nijland Cycling B.V. - July 2025
General terms and conditions of Nijland Cycling B.V. established in (8111 CM) Heeten, Telgenweg 12. Nijland Cycling B.V. is registered with number 38020120.
Definitions
Nijland Cycling: The private company Nijland Cycling B.V., also referred to as the Contractor, the Seller, or "Cargo Cycling" (a trade name used under certain circumstances).
Other Party / Buyer / Client: Any natural or legal person purchasing goods and/or services from Nijland Cycling.
Offer: Any offer, written or verbal, made by Nijland Cycling.
Agreement: Any verbal or written agreement between Nijland Cycling and the Other Party for the supply of products or services.
General Terms and Conditions: These terms, within the meaning of Article 6:231 of the Dutch Civil Code.
Parties: Nijland Cycling and the Other Party collectively.
These general terms and conditions apply to all legal relationships, offers, agreements and resulting deliveries of services between Nijland Cycling and the other party.
Any general terms used by the other party are expressly rejected unless explicitly agreed in writing.
Derogations from these terms shall apply only if confirmed in writing and only for the specific agreement in question.
If any provision is found to be invalid, the remaining provisions shall remain in force.
Nijland Cycling may unilaterally amend these terms.
Unregulated matters shall be interpreted according to the purpose and spirit of these terms.
All offers are non-binding unless explicitly stated otherwise.
Prices in offers do not apply automatically to future transactions.
The agreement is formed upon acceptance of the offer by the other party.
Written confirmations are deemed correct unless objected to in writing within 8 days.
Composite offers do not obligate partial delivery.
Prices and timelines may be adjusted if the other party's provided information proves incorrect or incomplete.
Obvious mistakes in offers do not bind Nijland Cycling.
Nijland Cycling shall perform its obligations to the best of its ability as a best-effort commitment.
The other party must provide all required information and items in time.
Delays or failures to provide necessary information may result in suspension and/or additional costs.
If a deposit is required, Nijland Cycling may postpone performance until payment is received.
Nijland Cycling may subcontract work to third parties.
Requested changes must be submitted in writing.
Price changes due to alterations are permitted.
Delivery times may be extended without consent in case of amendments.
Risk transfers to the other party upon agreement formation unless otherwise agreed.
Delivery dates are indicative. In case of delay, the other party must provide a reasonable grace period.
Partial deliveries may occur and be invoiced separately.
The other party is responsible for accurate delivery addresses.
Nijland Cycling warrants that delivered items meet usual standards at the time of delivery.
For third-party parts, the warranty is limited to what that supplier provides (max. 24 months).
At Nijland Cycling’s discretion, valid claims may result in repair, replacement, or refund.
Warranty lapses in cases of misuse, wear parts, improper maintenance, unauthorized modifications, or if the other party is in breach of contract.
Proper maintenance is the other party's responsibility.
The Other Party may not suspend obligations during a warranty claim.
The Other Party must inspect goods upon delivery and notify visible defects within 14 days.
Non-visible defects must be reported within 14 days of discovery.
No right to suspend obligations arises from complaints.
Claims lapse if not submitted within the specified timeframes.
All IP rights (e.g. drawings, models, processes) remain with Nijland Cycling.
If IP rights arise during the contract, they shall vest in Nijland Cycling.
If necessary, the other party shall cooperate in transferring such rights.
Granted usage rights are non-exclusive, non-transferable, and limited in scope and duration.
Nijland Cycling may revoke licenses at any time without compensation.
Ownership of delivered goods remains with Nijland Cycling until full payment is made.
The other party may not encumber these goods.
Nijland Cycling may reclaim unpaid goods without liability.
The other party shall allow access for retrieval if needed and must notify third-party claims.
Prices exclude VAT and additional costs unless stated otherwise.
Nijland Cycling may adjust prices due to cost increases.
If the increase exceeds 10%, the Other Party may terminate the contract.
Payment is due within 14 days of invoice date.
Late payment accrues statutory commercial interest.
Payments are allocated first to interest, then costs, then oldest invoices.
Set-off or suspension by the Other Party is not permitted.
Nijland Cycling is not liable for indirect, consequential, or trading losses, unless due to intent or gross negligence.
Liability, if applicable, is capped at the invoice value or insurance payout.
The other party indemnifies Nijland Cycling against third-party claims relating to excluded liability situations.
No liability exists if the product was misused, poorly maintained, or altered without approval.
Force majeure includes, but is not limited to, supply chain failures, government actions, strikes, war, epidemics, and unavailability of staff.
During force majeure, obligations are suspended.
If the situation lasts more than two months, either party may terminate the contract.
Partial performance may be invoiced if independently valuable.
Risk of loss or damage passes to the other party when control of the goods transfers, e.g., upon delivery.
The right of withdrawal does not apply to custom-made goods or goods manufactured to the other party’s specifications.
During any legal reflection period, the other party must handle items with due care.
In the event of breach by Nijland Cycling, the other party must grant a reasonable remedy period.
Premature termination without default is not permitted under Dutch law.
Dutch law applies to all offers, agreements, and related legal acts.
All disputes shall be submitted exclusively to the competent court in the District of Zwolle, the Netherlands.
