Warranty conditions Timyo BV
Timyo BV offers you a guarantee for a certain period of time against any material and/or construction faults on your VanDijck bicycle, if and insofar as this follows from the following guarantee provisions. VanDijck E-bikes is a trade name and registered brand of Timyo BV In the following warranty conditions, Timyo BV will be referred to as VanDijck E-bikes.
These guarantee provisions apply in addition to the also applicable general terms and conditions of Timyo BV
Article 1. Terms
1.1 The warranty period(s) referred to below commence on the day of purchase of the bicycle.
1.2 During the warranty period, all parts that have been determined by VanDijck E-bikes to be material and/or construction faults will be repaired at the discretion of VanDijck E-bikes and replaced by new or refurbished products. VanDijck E-bikes becomes the owner of the replaced parts. Defective parts will not be reimbursed.
1.3 VanDijck E-bikes gives a 3-year warranty on material and/or construction defects on the bicycle frame and fixed front fork.
1.4 VanDijck E-bikes gives a 2-year warranty on the paintwork of the bicycle frame and front fork against corrosion from the inside.
1.5 A warranty period of 2 years applies to suspension front forks against material and/or construction faults.
1.6 For other parts, if properly maintained, a warranty of 2 years applies. These parts and how to maintain them are described in the user manual.
1.7 For parts (to be) replaced, no new warranty period starts for the replaced part. The original term calculated from the invoice date remains unaffected, also for the replaced part.
1.8 VanDijck E-bikes gives a 2-year warranty on a Lithium-ion battery. Batteries that have been tested as defective by VanDijck E-bikes within the warranty period will be replaced free of charge. Note:
a. The capacity of the battery will decrease in proportion to the number of charge cycles and age. A decrease of 15% capacity reduction per year is not covered by warranty. Lithium-ion batteries also lose capacity when not in use. See the maintenance schedule in your VanDijck E-bikes manual. Visit your VanDijck E-bikes dealer if you have problems with your battery.
b. At the end of its service life, you must return the battery to your VanDijck E-bikes dealer. This is responsible for the recycling procedure.
Article 2. Transferable
2.1 The guarantee is only granted within the term(s) referred to in Article 1, on presentation of the original purchase invoice (which states the date of purchase, model name and serial number of the bicycle) and proof of payment.
2.2 VanDijck E-bikes can refuse the guarantee if the documents referred to in paragraph 1 are not shown, are not complete, are illegible or if VanDijck E-bikes otherwise has reason to refuse the requested guarantee.
2.3 The guarantee is transferable on the condition that the documents referred to in paragraph 1 are shown to VanDijck E-bikes. In the event of transfer, the present warranty conditions apply in full.
Article 3. Exclusions
3.1 Warranty is excluded in the following cases:
- the safety instructions or instructions for use have not been observed;
- there is normal wear and tear on parts, or incorrect assembly or incorrect adjustment of, among other things, spokes, tires, chain, chainrings, brakes, cables, freewheel, sprockets and/or derailleur, unless there is a material and/or or construction error;
- the bicycle has not been demonstrably regularly maintained (for example, parts such as brake / derailleur cables, brake pads, tyres, chain and gears have not been replaced in time) and/or has been repaired by an authorized VanDijck E-bikes dealer;
- Incorrect adjustment/tension of handlebars, stem, saddle, seatpost, derailleur set, brakes, quick release of the wheels and spoke tension;
- incorrect or insufficient lubrication of rotating parts or parts for which this is a given;
- adjustments have been made to the original condition, such as the use of parts and/or accessories not recognized by VanDijck E-bikes;
- the bicycle, parts and/or the battery show fall damage;
- the bicycle has been used incorrectly and/or carelessly or has not been used in accordance with the intended purpose of the bicycle, for example for rental, competitions and/or commercial activities, or for other purposes for which the bicycle was not intended or designed;
- damage has been caused by not following the user manual;
- damage has been caused by transport on, among other things, bicycle(s) carriers;
- the bicycle continues to be used, despite already established damage and/or defects, and this use exacerbates the damage;
- the bicycle has been involved in an accident.
Article 4. Claim warranty
4.1 Complaints and warranty applications are handled by your VanDijck E-bikes dealer. Your VanDijck E-bikes dealer is always the first point of contact for complaints or questions about the warranty, as the purchase agreement has been concluded there. Subsequently, VanDijck E-bikes will definitively assess whether there is a guarantee. The relevant part will be sent to VanDijck E-bikes with the purchase invoice and proof of payment by the relevant dealer for assessment, stating the complaint.
4.2 Possible (dis)assembly costs can be charged to you by your VanDijck E-bikes dealer.
4.3 Any costs for transporting the bicycle and/or parts from your VanDijck E-bikes dealer to VanDijck E-Bikes can be charged to you by your VanDijck E-bikes dealer.
Article 5. Warranty area
5.1 The warranty area is limited to the Netherlands, Belgium and Germany.
5.2 The guarantee does not cover transport costs or risks associated with the transport of your bicycle or part to and from VanDijck E-bikes or your VanDijck E-bikes dealer.
Article 6. Liability
6.1 With the exception of the other liability provisions, the total liability of VanDijck E-bikes due to an attributable shortcoming in the fulfillment, or due to unlawful act, is limited to repair or replacement of the defective part. Compensation for direct damage is excluded, except in the case of intent or willful recklessness on the part of the VanDijck E-bikes management.
6.2 If the limitation from paragraph 1 does not hold up in court, the liability is limited to a maximum of the amount that has been or can be charged to the buyer on the basis of the relevant agreement.
6.3 The liability of VanDijck E-bikes due to an attributable shortcoming in the fulfillment of an agreement arises in all cases only if you give VanDijck E-bikes immediate and proper written notice of default, whereby you are given a reasonable term to remedy the shortcoming, and VanDijck E-bikes continues to fail imputably in the fulfillment of its obligations even after that period. The notice of default must contain a description of the shortcoming that is as complete and detailed as possible, so that VanDijck E-bikes is able to respond adequately.
6.4 You indemnify VanDijck E-bikes against all third-party claims related to your non-compliance or insufficient compliance with any obligation towards VanDijck E-bikes, whether or not arising from these terms and conditions.
6.5 Any liability for indirect damage, consequential damage, immaterial damage, damage as a result of liability towards third parties is expressly excluded. This applies regardless of whether this damage or loss is related to the defective or non-functioning of the bicycle or related parts due to defects or because the bicycle is not available while it is at VanDijck E-bikes or a VanDijck E-bikes dealer.
6.6 If applicable law prohibits or limits such exclusions of liability, VanDijck E-bikes excludes or limits its liability only to the maximum extent permitted by applicable law. For example, certain countries prohibit the exclusion or limitation of damages for negligence, gross negligence, willful misconduct, fraud and similar acts. In no event will VanDijck's E-bikes liability under this warranty exceed the price paid for the product, but if applicable law only allows higher limitations of liability, then the higher limitations will apply.
Article 7. Online https://www.vandijckbikes.nl/
7.1 VanDijck E-bikes has made every effort to compile the content of its website with the greatest accuracy. Certainly with a view to a correct price display and a correct description of its products. Nevertheless, VanDijck E-bikes cannot guarantee the correctness of all information and is not responsible for any errors on this website.
7.2 Unless agreed otherwise in writing, all offers, including advertisements and price lists as stated on the website of VanDijck E-bikes are without obligation.
7.3 Before confirming your order, you should always check whether the correct product has been selected. You must always use a correct address when making the order.
7.4 If there are doubts about the correctness of the data you entered when ordering, VanDijck E-bikes can contact you using the data you entered. If VanDijck E-bikes cannot reach you and therefore cannot check the data, VanDijck E-bikes can cancel the order.
7.5 Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.
7.6 VanDijck E-bikes will notify you by e-mail as soon as possible to confirm receipt of your order. This notification of receipt does not imply acceptance of the order on the part of VanDijck E-bikes. Only when your order has been checked by VanDijck E-bikes and found to be complete, the payment method offered is in order and the ordered goods are made available, and VanDijck E-bikes does not wish to accept your order for other reasons to which it intends to reserves the right, your order will be accepted by VanDijck E-bikes. As long as this has not happened, the order you place does not create any enforceable rights against VanDijck E-bikes. In the event that your order is refused, you will be notified without delay.
7.7 You can order from the age of 18.
7.8 The same warranty conditions apply to products purchased online as to bicycles purchased from a VanDijck E-bikes dealer.
7.9 For bicycles purchased online, a cooling-off period of 14 days applies. The purchase can be canceled within this period. For this you will initially contact your VanDijck E-bikes dealer. VanDijck E-bikes will handle the cancellation in consultation with the VanDijck E-bikes dealer.