Terms and Conditions
Article 1 Definitions
1.1: These general terms and conditions are intended for any distance contract: an agreement in which, within the framework of a system for distance selling of products and/or services organized by the entrepreneur, exclusive use is made of up to and including the conclusion of the agreement. one or more techniques for remote communication. Retail sales and consumer purchases are not applicable to our online sales.
1.2: Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with Ozzy Rides;
1.3: Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
1.4: Day: calendar day;
1.5: Reflection period: the period within which the consumer can exercise his right of withdrawal. This cooling-off period concerns 14 days after the distance contract has been concluded;
1.6: Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
1.7: General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 Applicability
2.1: These General Terms and Conditions apply to all offers/distance purchase agreements and deliveries between Ozzy Rides and the consumer or other third party, whereby Ozzy Rides sells or delivers services or goods to the consumer.
2.2: Before the distance contract is concluded, the text of these General Terms and Conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the General Terms and Conditions at Ozzy Rides can be viewed on the Ozzy Rides web page https://www.ozzyrides.com/pages/algemene-voorwaarden and, if desired, be sent free of charge as soon as possible at the request of the consumer.
2.3: All services on the part of Ozzy Rides, under whatever name they may be known and in whatever manner they are provided, are without obligation, unless stated otherwise.
2.4: The agreement is only concluded by written or electronic confirmation and/or signature by Ozzy Rides and the consumer.
2.5: Deviations, including additions or extensions to these General Terms and Conditions, are only valid if they have been recorded in writing by both parties.
2.6: In the event that any provision of these General Terms and Conditions is void or is voided, the remaining provisions will retain full force and Ozzy Rides and the consumer will enter into consultation in order to agree on new provisions to replace the void/nullified provision(s). come. The purpose and intent of such a provision will be taken into account as much as possible.
Article 3 Ozzy Rides webshop
3.1: Ozzy Rides is a reliable, all-round scooter specialist in Antwerp and also a multi-brand shop for the purchase of scooters, electric scooters, mopeds, scooters and more. Ozzy Rides also sells accessories and parts and provides professional scooter repairs.
3.2: These General Terms and Conditions apply to all sales of products or the delivery of services ordered via the webshop - www.ozzyrides.com.
Article 4 Agreements
4.1: The agreement is concluded at the time of acceptance by the consumer of the offer and compliance with the conditions set.
4.2: If the consumer has accepted the offer electronically, Ozzy Rides will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by Ozzy Rides, the consumer can terminate the agreement.
4.3: For electronically concluded agreements, Ozzy Rides will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, Ozzy Rides will take appropriate security measures.
4.4: Every agreement is entered into under the suspensive conditions of sufficient availability of the products in question.
Article 5 Obligations of the consumer
5.1: By using the services of Ozzy Rides or ordering products from Ozzy Rides, the consumer assumes a payment obligation for the services and/or products provided by Ozzy Rides.
5.2: The consumer must ensure that all information requested by Ozzy Rides, as well as all information that the consumer can reasonably understand to be necessary for the execution of the agreement, is made available to Ozzy Rides in a timely manner and in the form desired by Ozzy Rides. are stated.
5.3: Ozzy Rides must in any case be informed in a timely manner about certain wishes and ideas of the consumer that are or may be relevant to the execution of the agreement.
5.4: The consumer ensures that the information to be provided is correct and complete. The consumer indemnifies Ozzy Rides against the consequences arising from incorrect and/or incomplete data. In the event of fraud, refusal to provide information and abuse of circumstances, Ozzy Rides has the right to terminate the agreement, whereby the consumer is not entitled to a refund.
Article 6 Obligations of Ozzy Rides
6.1: By entering into an agreement with the consumer, Ozzy Rides assumes the obligation to deliver the services or products.
6.2: Ozzy Rides has an obligation to achieve results with regard to the products ordered by the consumer. Ozzy Rides is obliged to deliver the ordered product or products after fulfilling the consumer's obligations.
6.3: Ozzy Rides has a best efforts obligation with regard to the delivery of services. Ozzy Rides is obliged to provide the service to the best of its ability. This best efforts obligation may include, for example - but not limited to - the repair of scooters, mopeds and scooters.
6.4: Ozzy Rides is - in accordance with the provisions of Article 7 - obliged to provide the offer of products and services with the necessary information that provides clarity for the consumer in the rights and obligations associated with the acceptance of the offer. In particular, Ozzy Rides will provide the following information on the website or immediately after purchasing the product or service:
• The price includes VAT;
• Postage costs;
• Product description, including available colors, sizes and types of materials;
• The method of payment, delivery and execution of the agreement;
• The period within which the consumer can expect the product or service;
• The right of withdrawal.
Article 7 Offer of products and services in the webshop
7.1: Ozzy Rides will offer via the webshop the sale of scooters, mopeds, light mopeds and accessories, as well as their repair. Every offer from Ozzy Rides is without obligation and can be changed or withdrawn by Ozzy Rides.
7.2: If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
7.3: The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a good assessment of the offer by the consumer.
7.4: The images shown by Ozzy Rides are a true representation of the products and/or services offered. Obvious mistakes or obvious (clerical) errors in the offer do not bind Ozzy Rides. Ozzy Rides can never guarantee that the colors displayed exactly match the real colors of the products.
7.5: All images and specifications stated are for indicative purposes only and cannot give rise to compensation or termination of the agreement.
Article 8 Prices
8.1: Unless expressly stated otherwise in writing by Ozzy Rides, all prices stated are in Euros and include VAT and other levies of any nature imposed by the government or margin scheme. 8.2: Changes in taxes, excise duties and similar levies imposed by the government will be charged in both the non-agreed and agreed prices.
Article 9 Payment
9.1: Unless otherwise agreed, the amounts owed by the consumer must be paid within 30 days after concluding the agreement. In the case of an agreement to provide a service, this period starts after the consumer has received confirmation of the agreement. After concluding the agreement, Ozzy Rides sends an invoice to the consumer, which must be paid within the due date.
9.2: Ozzy Rides is entitled to demand payment for the delivered goods upon each execution of an agreement.
9.3: Ozzy Rides will send the consumer a payment reminder if the payment term has expired. This reminder alerts the consumer to his default and gives him the opportunity to pay within 14 days of the date.
9.4: After the aforementioned period has expired, Ozzy Rides is entitled to collect the amount owed to Ozzy Rides without further notice of default or announcement.
9.5: If Ozzy Rides hands over the claim for collection, the consumer is liable for the extrajudicial collection costs. These costs are calculated according to the collection rate as laid down in the Collection Costs Act, or the successor to this law, plus VAT, without prejudice to the right of Ozzy Rides to claim the actual extrajudicial collection costs incurred instead.
9.6: If the consumer is in default of any payment, Ozzy Rides is entitled to suspend or terminate (the execution of) related agreements with the consumer.
9.7: The consumer has the obligation to immediately report any inaccuracies in payment details provided or stated to Ozzy Rides.
Article 10 Delivery of products and services
10.1: Ozzy Rides strives to deliver the products and/or services as quickly as possible. Ozzy Rides keeps the consumer informed of the status of the purchase of a scooter, moped, moped or other motor vehicle and makes the delivery time known to the consumer.
10.2: Ozzy Rides reserves the right not to deliver the services and/or products if the consumer has not fulfilled the payment obligation within the agreed payment term.
10.3: The services and/or products may differ from the photos shown on the Ozzy Rides website www.ozzyrides.com. This does not make Ozzy Rides liable and does not give the consumer the right to terminate the agreement.
Article 11 Right of withdrawal upon delivery of products
11.1: When purchasing products remotely, the consumer has the option to terminate the agreement without giving reasons within 14 days. This reflection period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to Ozzy Rides.
11.2: During the reflection period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to assess whether the consumer wishes to keep the product. If the consumer exercises his right of withdrawal, the consumer will return the product to Ozzy Rides with all accessories supplied and - if reasonably possible - in the original condition and packaging, in accordance with the reasonable and clear instructions provided by Ozzy Rides.
11.3 You must return or hand over the goods to us without delay, but in any case no later than 14 days after the day on which you communicate your decision to withdraw from the contract to us. You are on time if you return the goods before the 14-day period has expired.”; "The direct costs of returning the goods, EUR 150, will be at your expense.
11.4: If the consumer has not indicated that he wishes to exercise his right of withdrawal in accordance with the periods mentioned above, or has not returned the product to Ozzy Rides, the purchase is a fact.
11.5: An exception to the right of withdrawal concerns the case if it concerns the sale of products or the provision of services that fall under the legal exceptions as referred to in Article 6:230p of the Dutch Civil Code. This concerns, for example - but not limited to - the customization of a scooter as specifically desired by the consumer. Return exceptions Exclusion of the right of withdrawal: For sealed products. If the seal is broken, these products cannot be returned. Which have been created by the entrepreneur in accordance with the consumer's specifications; that are clearly personal in nature; which by their nature cannot be returned; that can spoil or age quickly; the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence; for individual newspapers and magazines; for audio and video recordings and computer software of which the consumer has broken the seal.
Article 12 Right of withdrawal upon delivery of services
12.1: When providing services, the consumer has the option to terminate the agreement without giving reasons for at least 14 days, starting on the day of entering into the agreement.
12.2: To exercise his right of withdrawal, the consumer will refer to the reasonable and clear instructions provided by Ozzy Rides with the offer and/or at the latest upon delivery.
Article 13.1 Right of withdrawal
You have the right to withdraw from the agreement within 14 days without giving reasons. The withdrawal period expires 14 days after the day on which you or a third party designated by you, who is not the carrier, acquires physical possession of the goods. (tel: +32 486 25 50 31)
Consequences of the revocation
If you revoke the agreement, you will receive all payments you have made up to that time, including delivery costs (with the exception of any additional costs resulting from your choice of a different method of delivery than the cheapest standard delivery offered by us) without delay and in any case, no later than 14 days after we have been informed of your decision to withdraw from the contract. We will refund you using the same payment method you used for the original transaction, unless you have expressly agreed otherwise; in any case, you will not be charged any fees for such reimbursement. We may wait until we receive a refund
have received the goods back, or you have demonstrated that you have returned the goods, whichever comes first.
You must return or hand over the goods to us without delay, but in any case no later than 14 days after the day on which you communicate your decision to withdraw from the contract to us. You are on time if you return the goods before the period of 14 days has expired.
You will be responsible for the direct costs of returning the goods. You are only liable for any depreciation in value of the goods resulting from use of the goods that goes beyond what is necessary to determine the nature, characteristics and functioning of the goods. determine goods.
A consumer purchase that concerns delivery is excluded from the right of withdrawal
by:
- products manufactured according to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
- products that spoil quickly or have a limited shelf life;
- products that are not suitable for return for reasons of health protection or hygiene and
of which the seal has been broken after delivery;
- products that are irrevocably mixed with other items after delivery due to their nature;
- audio and video recordings and computer software of which the seal has been broken after delivery;
- newspapers, periodicals or magazines, with the exception of an agreement for the regular delivery of such publications (a subscription).”
Article 14 Retention of title
14.1: Ozzy Rides retains ownership of the goods it sells to the consumer as long as the consumer has not paid the total amount due under the agreement. The consumer is obliged to ensure careful handling of the product and does not have the right to hand over the goods to third parties, give them as collateral, pledge them, remove them from the delivery area or have them removed until the entire purchase price and any additional interest and costs have been paid in full.
Article 15 Liability and warranty
15.1: Ozzy Rides will execute the agreement to the best of its knowledge and ability and with care, on the basis of the state of science known at that time, and will perform its duties as may be expected of a company in its industry, but accepts no liability for damage, including death and personal injury, consequential damage, business damage, loss of profit and/or stagnation damage, resulting from actions or omissions of Ozzy Rides, unless mandatory legal provisions dictate otherwise.
15.2: The limitations of liability included in this article do not apply if the damage is due to intent and/or deliberate recklessness on the part of Ozzy Rides.
15.3: Without prejudice to the provisions of the other paragraphs of this article, the liability of Ozzy Rides, for whatever reason, is limited to the invoice amount of the services and/or products provided.
15.4: Ozzy Rides guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal requirements existing on the date of the conclusion of the agreement. provisions and/or government regulations.
15.5: Any defects or incorrectly delivered products must be reported to Ozzy Rides in writing within 4 weeks of delivery. Products must be returned in the original packaging and in new condition.
15.6: The Ozzy Rides warranty period corresponds to the manufacturer's warranty period of 1 year, we offer our own warranty. However, Ozzy Rides is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
15.7: The warranty does not apply if: a. The consumer has repaired and/or edited the delivered products himself or has had them repaired and/or edited by third parties; b. The delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or are contrary to the instructions of Ozzy Rides and/or on the packaging; c. The defect is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.
Article 16 Force majeure
16.1: Ozzy Rides is not obliged to fulfill any obligations towards the consumer in the event of force majeure.
16.2: Force majeure means all external unforeseen causes over which Ozzy Rides had no influence.
16.3: Ozzy Rides may suspend the obligations under the agreement during the period that the force majeure continues. If this period lasts longer than one month, each of the parties is entitled to terminate the agreement, without obligation to compensate the other party for damages.
Article 17 Complaints
17:1: Complaints are understood to mean: all grievances regarding the execution of the agreement.
17.2: Complaints regarding the performance of the agreement can only be asserted by the consumer at Ozzy Rides by making this known in writing within 14 days after the complaint arose.
17.3: Complaints received after the aforementioned period will not be processed.
Article 18 Applicable law and Choice of Forum
18.1: The agreement is governed by Belgian law.