TERMS & CONDITIONS

General

These conditions apply to all applications and agreements whereby 0CC Solutions B.V., registered business at the Dutch Office of Commerce under number 72569190 and having its office in Roermond, acting under the name PiM.Bike, as seller of handmade wooden bicycles and related items. 0CC Solutions B.V. established in Roermond, hereinafter referred to as: PiM.Bike. The applicability of any purchase conditions of the buyer is expressly rejected by PiM.Bike 

The Product

A PiM.Bike is a handmade product made of natural material. The contracting party is aware that product characteristics may vary. The range of natural color, structure, and other differences within a natural product is one of the characteristics of the natural product. The contracting party is aware that due to the influence of weather influences, the color of the natural product can change over time and that damage to the natural product can occur due to the softness of the material. All deviations due to natural influences and/or negligence do not constitute grounds for liability or a complaint.

Offer

All offers and quotations from PiM.Bike are without obligation. PiM.Bike ensures that the offer is complete and the prices correct. Errors in the offer can be corrected by PiM.Bike at the risk of the customer as long as no binding order has been placed yet. An offer is converted into an order when both parties have signed for delivery

Pricing

Prices quoted by PiM.Bike include VAT and are based on delivery in accordance with Incoterns 2010 FCA (Free Carrier) unless otherwise stated in the offer. The prices as stated on the website and online shop may be subject to price changes and no rights can be derived from the prices mentioned. Only the prices as mentioned in the offer and after mutual signing for delivery apply to the relevant delivery. These prices do not apply to new deliveries.

Payments

Unless otherwise indicated in the offer, the contracting party will pay in three instalments. The first term, at 50% (50%) of the offer, within fourteen (14) after acceptance of the offer, forty percent (40%) for sending the item purchased by the contracting party based on photos, and ten percent (10%) within seven (7) days of receipt of the item purchased by the contracting party.

Delivery time

All delivery periods or dates indicated by PiM.Bike at any time are target dates and are therefore not binding. The purchased item will only be sent when the second instalment has actually been received in the bank account of PiM.Bike

Supply

A contracting party is not permitted to deliver PiM.Bike products to resellers or to deliver them without the permission of PiM.Bike. The contracting party must check the products immediately upon delivery and report defects, damages, etc. to PiM.Bike in writing within seven (7) days after delivery. If this period expires, the product shall be deemed to have been accepted.

Cancellation

After the contracting party has accepted the offer and sent it back, cancellation is in principle not possible. If the contracting party nevertheless cancels an order, it is obliged to reimburse costs already incurred and purchased stocks plus ten percent (10%) Excl. VAT.

Guarantees

The contracting party must check the goods delivered by PiM.Bike and its carrier upon delivery and check whether the delivered goods comply with the agreement. Found defects, damages, or other shortcomings must be made known in writing within seven (7) days, after this period the product is deemed to have been accepted.

If, within a period of two (2) months after delivery, defects appear to be found in the frame, which could not be determined by a normal reception check, PiM.Bike is obliged to supply a new frame. Defects and or defects in other parts will be refuted at the relevant supplier, at the discretion of PiM.Bike.

Warranty claims arising from shortcomings in the frame must be made known in writing and with explanation and photographs within seven (7) days of discovery.
Any right to warranty expires in the event of negligent or incorrect use or storage of the delivered goods, such as but not limited to use other than according to destination, regulation, or instruction of PiM.Bike or its suppliers.

Liability

Except in the event of intent or gross negligence on the part of PiM.Bike, PiM.Bike is never liable for any damage suffered by the contracting party. Liability for indirect damage, consequential damage, immaterial damage, business or environmental damage, or damage as a result of liability towards third parties, is also expressly excluded.

If and to the extent that there is any liability on PiM.Bike, for whatever matter, this liability is limited to an amount of up to the net invoice value of the contested delivery. Claims for damages must be reported in writing to PiM.Bike within seven days of the moment that the contracting party has been able to discover the damage, under penalty of forfeiture of any claim for damages.

All possible legal claims of the contracting party with regard to the alleged liability of PiM.Bike expire in any case 6 months after the damage has been discovered and the contracting party has not started proceedings against PiM.Bike within that year.

Intellectual property

PiM.Bike retains all intellectual property rights to the goods it has provided or produced. All intellectual property carriers remain or become the property of PiM.Bike and may not be copied, displayed to third parties or used in any other way without its express consent, regardless of whether the contracting party has been charged for the manufacture or provision. The contracting party is obliged to return these carriers at the first request of PiM.Bike

Choice of law and forum

Dutch law applies to offers, quotations, deliveries and (additional) agreements and the execution thereof, and these sales and delivery conditions themselves. Applicability of the Vienna Sales Convention is excluded.
To the exclusion of any other forum, the Rechtbank Roermond has the power to decide in the first instance on any dispute that arises between PiM.Bike and the contracting party