Terms and Conditions

TERMS AND CONDITIONS ONLINE STORE SHIMANO EUROPE BV

PLEASE READ THE FOLLOWING TERMS CAREFULLY. THESE TERMS CONTAIN IMPORTANT DETAILS ABOUT YOUR RIGHTS REGARDING AN ACCOUNT YOU CREATE WITH US OR PRODUCTS YOU PURCHASE FROM US.

 

Article 1 - Definitions

In these general terms and conditions the following definitions apply:

  1. Conditions : these general conditions which apply to the creation of an account and the purchase of products in the online store operated by Shimano Europe BV;
  2. Shimano/we/our : Shimano Europe BV, located at High Tech Campus 92, 5656AG Eindhoven (the Netherlands), telephone number and time(s) at which Shimano can be reached by telephone: +31(0)40 2612600, e-mailadres: happytohelp.shimano@essentielbpo.com, Chamber of Commerce number: 08076068, VAT identification number: NL 8065.41.763 B01;
  3. Consumer/you/your : a natural person who creates an account or purchases products where the actions of this person are not carried out for purposes related to his trade, business, craft or profession;
  4. Site : Shimano's online store https://nl.gearshop.shimano.com/;
  5. Day : calendar day;
  6. Right of withdrawal : the possibility for you to cancel the agreement within the cooling-off period;
  7. Reflection period : the period within which you can make use of your Right of Withdrawal;
  8. Model withdrawal form : the European model withdrawal form included in Annex I of these Conditions.

 

Article 2 - Applicability

  1. These Terms apply to all consumer purchases of products through the Site, including creating an account for the Site. Please read these Terms carefully before creating an account with us or purchasing any product from us. We recommend that you print or digitally store a copy of these Terms for future reference.
  2. Before you create an account or purchase a product, the text of these Terms will be made available to you in a manner that allows you to easily save the Terms.
  3. Each of the provisions of these Terms operates separately. Destruction or nullity of one or more of the provisions does not affect the validity of the other provisions. In such a case, you are obliged to consult with us in order to make a replacement arrangement with regard to the affected provision. In doing so, the purpose and purport of the original provision will be taken into account as much as possible.

 

Article 3 – Accounts

  1. To make a purchase through the Site, you may be asked to provide personal information, such as your name, email address, shipping address, and payment information.
  2. You are obliged to provide us with correct information and to keep your details correct and up-to-date at all times.
  3. You are responsible for maintaining the confidentiality of your account and for promptly reporting any activity that occurs through your account that is not initiated by you to happytohelp.shimano@essentielbpo.com. The same applies if for any other reason you have the impression that your account is no longer secure.

 

Article 4 – Ordering

  1. Our entire ordering process is described in detail on the Site: https://nl.gearshop.shimano.com/.
  2. The Site contains complete and accurate descriptions of the products offered. The descriptions are sufficiently detailed to enable you to properly assess the offer. If we use illustrations, these illustrations are a true representation of the products offered. However, we are not bound by obvious errors or mistakes in the offer.
  3. While we take all reasonable care to ensure that the information on our Site is accurate, we do not guarantee such accuracy and we reserve the right to correct errors or inaccuracies and to change this information at any time without notice or update.
  4. Subject to the provisions of paragraph 6 of this article, the agreement is concluded when you have accepted Shimano's offer on the Site and meet the conditions stated therein.
  5. If you have accepted Shimano's offer on the Site, we will acknowledge receipt of your acceptance of the offer by email as soon as possible.
  6. We can inform ourselves - within legal frameworks - of your ability to meet the payment obligations, as well as of facts and factors that are important for a responsible conclusion of the agreement. If that investigation gives us good grounds not to enter into the agreement, we have the right to refuse an order or to attach special conditions to its implementation.
  7. At the latest upon delivery of the product, we will provide you with the following information in writing or in such a way that it can be stored by you in an accessible manner:
    1. the electronic address and office address where you can submit complaints;
    2. the conditions under which and the manner in which you can make use of the Right of Withdrawal, or a clear statement regarding the exclusion of the Right of Withdrawal;
    3. information about warranties and existing post-purchase services, if any;
    4. the price including all taxes on the product, the delivery costs where applicable, and the method of payment, delivery or performance of the agreement;
    5. if you have a Right of Withdrawal, the Model Form for Withdrawal.

 

Article 5 – Payment

  1. More information about payments can be found on the Site: https://nl.gearshop.shimano.com/.
  2. The price of the products is as stated on the Site. All prices include VAT. Shipping costs (if any) are expressly stated on the Site prior to the purchase of the product(s).
  3. You are obliged to inform us immediately of any inaccuracies in payment details provided or stated.

 

Article 6 – Delivery

  1. More information regarding the delivery can be found on the Site: https://nl.gearshop.shimano.com/.
  2. The place of delivery is the address that you have made known to us at the time of purchase.
  3. We will execute accepted orders expeditiously but at the latest within 30 Days, unless a different delivery period has been agreed. If the delivery is delayed, or if the delivery cannot or only partially be carried out, you will be notified of this no later than 30 Days after placing the order.
  4. The risk of damage and/or loss of products rests with us until the moment of delivery to you or a representative designated by you in advance and made known to us.

 

Article 7 – Compliance with the agreement and extra guarantee

  1. We ensure that the products we deliver to you comply with the agreement. This means that these products have the characteristics that you would expect under the contract, taking into account the nature of each product and the information we provided about the product (for example on our Site) before you ordered the product. With regard to all our products, you can expect that they have the characteristics necessary for normal use of the product in question.
  2. An additional warranty offered by us, our supplier, importer or manufacturer can never affect the legal rights and claims that you can assert against us under the agreement if we have failed to fulfill our part of the agreement.
  3. An additional warranty means any commitment by us, our supplier, importer or manufacturer that grants you rights or claims that go beyond what we or those parties are legally required to do in the event that we or those parties fail to perform our part of the agreement.

 

Article 8 – Right of withdrawal

  1. When purchasing products, you have the right to dissolve the agreement during 14 Days without giving reasons. We may ask you for the reason for the withdrawal, but you are not obliged to state your reason(s).
  2. The cooling-off period referred to in paragraph 1 of this article commences on the Day after the product has been received by you or a third party designated by you who is not the carrier, or:
    1. if you ordered several products: the Day on which you, or a third party designated by you, received the last product; or
    2. if the delivery of a product consists of several deliveries or parts: the day on which you or a third party designated by you received the last delivery or part.

 

Article 9 – Obligations of the Consumer during the Reflection Period

  1. During the cooling-off period you will handle the product and the packaging with care. You will only unpack or use the product to the extent necessary to establish the nature, characteristics and operation of the product.
  2. You are only liable for the depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1 of this article.

 

Article 10 – Exercise of the Right of Withdrawal by the Consumer and associated costs

  1. If you wish to exercise your Right of Withdrawal, you must notify us within the Cooling-Off Period by means of the Model Withdrawal Form or in another unambiguous manner. More information about the ways in which you can exercise your Right of Withdrawal can be found on the Site: https://nl.gearshop.shimano.com/.
  2. As soon as possible, but no later than 14 Days after the day of notification as referred to in paragraph 1 of this article, you return the product or hand it over to (a representative of) us. In any case, you have met the return period if you return the product before the cooling-off period has expired.
  3. You return the product with all accessories supplied and, if reasonably possible, in its original condition and packaging.
  4. The risk and the burden of proof for the correct and timely exercise of the Right of Withdrawal rests with you.
  5. You bear the direct costs of returning the product.

 

Article 11 – Shimano's obligations upon withdrawal

  1. After we have received your revocation statement, we will send you a confirmation of receipt as soon as possible.
  2. We will reimburse all payments made by you, including any delivery costs for the returned product, without delay, but no later than 14 Days after the Day on which you reported the withdrawal. We can postpone the refund until we have received the product or until you prove that you have returned the product.
  3. For each refund, we will use the same payment method you originally used, unless you agree to another method. Reimbursement is free of charge for you.
  4. If you choose an expensive delivery method instead of the cheapest standard delivery, we do not have to reimburse the additional costs of the more expensive method.

 

Article 12 – Limitation of Liability

  1. Nothing in these Terms shall limit or exclude our liability to you:
  2. for death or personal injury caused by our negligence;
  3. for intent and gross negligence; or
  4. for any other liability which may not be limited or excluded by law.
  5. Subject to paragraph 1 of this section, to the fullest extent permitted by law, the total (i.e. not per claim) liability to you for all claims arising out of or in connection with the use of or inability to use any part of the Site, products or otherwise under these Terms, whether in contract, tort or otherwise, limited to the amount you paid for that product in the 12 months prior to the event or circumstance giving rise to the claim.

 

Article 13 - Complaints and questions

If you have any questions or complaints about creating an account or purchasing a product, please contact us. You can call us at +31(0)40 2612600,, email us at happytohelp.shimano@essentielbpo.com or write to:

Borchwerf 5
4704 RG Roosendaal
Nederland

 

 

Article 14 - Dispute Resolution

  1. Regulation (EU) No 524/2013 provides for out-of-court online dispute resolution. For details see Regulation (EU) No 524/2013 and the website https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN .
  2. We do not use and are not required to participate in a dispute resolution procedure of a consumer arbitration board.

 

Article 15 – Applicable Law and Jurisdiction

  1. The agreements concluded between you and us to which these Terms and Conditions apply are governed exclusively by Dutch law. However, if the law of the country where you have your habitual residence grants mandatory consumer protection rights that apply to you and are more favorable than Dutch law, these more favorable consumer protection rights will continue to apply to you.
  2. You agree to the non-exclusive jurisdiction of the Dutch courts. You may also have the right under applicable law to bring proceedings in a court of the country where you reside.

 

Article 16 - Privacy

Creating an account and purchasing products from the Site requires that you accept our privacy statement and consent to the collection, use and disclosure of your personal information as described in our privacy statement. Please read the privacy statement in the footer of the Site as it contains important terms that apply to you.

 

 

 

 

 

 

ANNEX I : MODEL FORM FOR WITHDRAWAL

 

Model withdrawal form

 

(only fill in and return this form if you want to cancel the contract)

 

- To: Shimano Europe BV

Borchwerf 5
4704 RG Roosendaal
Nederland

happytohelp.shimano@essentielbpo.com

 

- I/We* share(s)* hereby inform you that I/we* revoke* our agreement regarding the sale of the following products: [description of the product].

 

- Received on [date of receipt of goods]

- [Name of consumer(s)]

- [Address consumer(s)]

- [Signature consumer(s)] (only if this form is submitted on paper)

- [Date]

 

* Strike out what is not applicable or fill in what is applicable.