1.1 These general terms and conditions apply to all offers, orders, quotations, sales and deliveries of products to customers by Trefecta Mobility (“Trefecta”):
1.2. If the Agreement is concluded electronically and at a distance, the text of these general terms and conditions may be provided to the customer electronically in such way that these can simply be stored on a durable data carrier by the customer. If this is reasonably impossible, it will be indicated prior to the conclusion of the Agreement where the general terms and conditions can be taken note of electronically and that they will be sent electronically or in any other form for free at the customer’s request.
1.3 Trefecta reserves the right to modify these general terms and conditions at any desired moment and without any prior notification. However, such change does not apply to orders placed before the revised terms and conditions have been published on Trefecta’s website.
2.1 Customer: the person who orders products and/or services from Trefecta.
2.2 Consumer: the customer who is a natural person, not acting in the exercise of his profession or company.
2.2 Agreement: the whole of arrangements between Trefecta and the customer to which these general terms of delivery apply.
2.3 Specifications: the specifications as agreed for the products mentioned in the Agreement with the customer.
3.1 Orders may exclusively be placed by persons aged 18 years or over.
3.2 The Agreement between Trefecta and the customer is in any case only concluded (i) at the moment of the written confirmation (including electronic confirmation) of the contents of the Agreement by Trefecta, or (ii) on the day that Trefecta will start to fulfil the Agreement, or (iii) at a time further agreed upon, depending on which of the above mentioned situations under (i), (ii) and (iii) occurs first.
3.3 Any quotation made by Trefecta in whatever form is without obligations and only forms an invitation for the customer to place an order. Trefecta has the right to refuse orders. Orders placed by the customer are binding and cannot be annulled by the customer after the placement of the order.
4. Withdrawal Right for Consumers
4.1 If the customer is a Consumer, he may withdraw from the Agreement within 14 days by a notification intended thereto to Trefecta unless the provision of Article 4.5 applies. This term starts on the day after the receipt of the product by or on behalf of the customer.
4.2. To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the model withdrawal form included in the delivery, which is also available on our website, but it is not obligatory.
4.3 During this term, the customer will deal with the product and the packaging carefully. He will only unpack or use the product to the extent necessary for judging whether he wishes to keep the product. If the customer exercises his revocation right, he will return the product with all its delivered accessories and in its original state and – if reasonably possible – in its original packaging to Trefecta, in conformity with the reasonable and clear instructions provided by Trefecta.
4.4 The costs for the return shipment will be borne by the customer.
4.5 If the customer has paid the purchase price, Trefecta will refund this amount ultimately 14 days after the receipt of the revocation by the customer. The provisions in this clause 4 do not affect your other statutory rights as a Consumer.
4.6 The right of withdrawal mentioned in the provisions above does not apply for products that are made to the consumer’s specifications or that are personalised. This exception is based on Article 16, section c, of the European Directive on consumer rights (Directive 2011/83/EU).
5.1 All prices are in euros. Prices are the prices as published on the website of Trefecta at the moment at which the customer places the order, except in the case of errors. The prices published on the website include 21% Netherlands VAT, but exclude shipment costs, which will be borne by the customer. These costs will, if applicable, be charged separately and specified and added up with the total amount of the order.
If the customer is residing in the EU and, based on applicable VAT legislation, no Dutch VAT is payable on the order, the price will be reduced with the amount of Dutch VAT otherwise due and the applicable VAT rate in the country of the customer will be added to the final price.
For customers outside the EU, the possibility may exist to order products excluding VAT, which are then shipped to the foreign destination of the customer free of VAT. The customer is responsible for any taxes, import duties and other fees that may be payable upon import or delivery in the foreign country.
6.1 Payment takes place by the payment methods that will be represented on Trefecta’s website from time to time or will be agreed on separately. In the case of payment by invoice, the customer will have to pay within 14 days after the receipt of the invoice, which will either be sent electronically or sent with the product, unless Trefecta indicates another term.
6.2 In the case of overdue payment, Trefecta will have the right: 1) to charge the statutory interest over the full amount due from the date on which payment should have taken place up to the date on which the amount due has been received by Trefecta, without a notice of default or communication being required for this; and 2) to assign the debt to a third party for collection after a notice of default thereto. The customer will compensate all the costs that Trefecta and this third party must incur to collect the amount due, including inter alia costs of legal assistance, costs of proceedings and extrajudicial costs, these last costs with a minimum of 15 percent of the outstanding sum. A notice of default in this respect may be sent electronically if the customer opted for electronic payment.
7.1 Orders through the website can only be delivered in the EU and Switzerland but not in the UK.
7.2 The delivery and shipment data provided by Trefecta are only estimates and Trefecta will not be liable for any possible loss, damage or costs if the delivery does not take place in accordance with the indicated delivery and shipment data. If one or more products ordered are not in stock, this may result in the whole order being delayed. If this is the case, the customer will receive a message about this by Trefecta, with an estimate of the expected delivery time. Trefecta will in any case deliver the products within 30 days after placing the order, unless a longer delivery time has been agreed on.
7.3 The ownership, risk and loss of the products will be transferred to the customer upon shipment of the product by Trefecta, unless it has been agreed on otherwise.
7.4 Trefecta is entitled, before it starts to fulfil the Agreement, to claim sufficient security from the customer in its opinion, for example by requiring prepayment.
8. Warranty and Liability
8.1 Trefecta warrants that the articles comply with the Agreement, the Specifications and the reasonable requirements of good quality and/or usefulness of the product. If applicable, general warranty terms will apply to the products delivered by Trefecta. This is the warranty as determined by the manufacturer or importer of the products.
8.2. Trefecta does not provide any warranty whatsoever that the e-bike is street legal (i.e. allowed for use on the street and/or public areas) in all countries and customers are strongly advised to check the regulations applicable in their country before placing an order.
Unless otherwise stated, the product will be delivered without type approval and in such cases the use of the bike is delivered as off-road vehicle.
If this is indicated on the website or on the order, the Trefecta e-bike will have a type approval with classification as a light moped (category L1e) under governing EU Directive 2002/24/EC unless a different classification is stated. Trefecta will indicate the customer what type approval will come with the specific product. The customer is responsible to check whether this type approval is appropriate for him/her, the country where he/she resides as well as for the intended use of the product. In certain countries the classification of the Trefecta bike may imply that it is required for the driver of the bike to have a driving licence and/or meet other requirements (including but not limited to registration and insurance and the obligation to wear a helmet).
Trefecta will not be liable for any loss or damages that may arise if it is not allowed to use the product due to local regulations in the country where the customer resides or any other country.
8.3 The screen representation of the colours, designs and products may deviate from the actual appearance or size of the products offered on the website.
8.4 All relevant claims under general warranty terms for products will have to be filed in accordance with those terms. For the customer, not being a Consumer, it will apply that warranty claims will first have to be filed directly with the manufacturer.
8.5 Any defects will have to be notified by the customer to Trefecta within a reasonable term, and for the customer not being a Consumer within a period of 30 days after the receipt of the products. If the defects are timely mentioned, Trefecta will repair or replace the defects at its own option for free, unless the arising of these defects can be attributed to the customer, or the Agreement already includes a settlement for this. In the event of replacement of a product, the return shipment costs will be borne by the customer. This does not apply if Trefecta provides products to a Consumer.
8.6 Without prejudice to the provisions in this clause, there cannot be any warranty obligations by Trefecta: (i) in the case of normal wear and tear of the product; (ii) if changes were made in or to the product, as a result of which the product does no longer comply with the Specifications; (iii) if defects to the product are the result of any use that does not correspond with the destination or that is improper; (iv) if damage to the product has arisen by gross negligence, intention or careless maintenance on the customer’s side.
8.7 Trefecta will not be liable for any loss or damages resulting from the use of the product as well as any other loss or damages that may arise from whatever reason including, loss of income, profit, agreements, data or for consequential loss or indirect or other loss, regardless of where this arises from and regardless of whether this has been caused by unlawful act or non-performance or otherwise. Trefecta’s maximum total liability pursuant to the Agreement regardless of whether this has been caused by unlawful act or non-performance or otherwise, will never exceed the amount to be paid by the customer to Trefecta with respect to the products in question.
9.1 If the customer has queries or complaints further to an order or delivery of products, he can contact Trefecta:
By telephone: +31 (88) 7333 282 (+318 TREFECTA) between 10 – 16 hours CET
By e-mail: firstname.lastname@example.org
10. Data Protection
11.1 This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) will be governed by Dutch law applies to relationships between Trefecta and the customer. Any dispute between Trefecta and the customer pursuant to the Agreement or general terms and conditions, or relating thereto, will be brought before the competent court in The Hague or the competent court of the residence of the customer being a Consumer. The applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is explicitly excluded herein.
12. Third party rights
12.1 No one other than a party to this Agreement shall have any right to enforce any of its terms.