Terms & Conditions

VanMoof General Terms and Conditions of Sale - Business to Consumer
Effective date: 1 April 2024

1. Definitions

   1. In these VanMoof General Terms and Conditions of Sale (hereinafter: the "Terms and Conditions"), the following definitions shall apply:
      1. Agreement: any written agreement entered into between Consumer and VanMoof for the purchase of a Product, as reflected by the Order Confirmation.
      2. App: the VanMoof mobile application, to which Consumer has access by creating a personal account.
      3. Consumer / you: the consumer that enters into (or is in negotiations with VanMoof to enter into) an Agreement with VanMoof for the purchase of a Product.
      4. Features: additional (digital) features of the Product that are integrated into (or can be integrated into) the Product by VanMoof and therefore form an integral part of the Product, such as GPS tracking software and/or services and rider recognition.
      5. Help Center: the online portal that allows Consumers to contact VanMoof, available through the VanMoof website (help.vanmoof.com) and the App. 
      6. Order Confirmation: the written confirmation by VanMoof of a Purchase Order.
      7. Outlet products: refurbished, used products sold by VanMoof through the Webshop.
      8. Parties: Consumer and VanMoof together.
      9. Parts: spare parts of the Product.
      10. Party: Consumer or VanMoof separately.
      11. Privacy Policy: VanMoof's privacy statement that is available through https://www.vanmoof.com/en-NL/privacy and the App.
      12. Product: (electronic) micro mobility vehicle, including accessories and Features, as sold by VanMoof through the Webshop.
      13. Purchase Order: an order placed by Customer for the purchase of a Product through the Webshop.
      14. Return Policy: VanMoof's return policy as included in Annex 2 to these Terms and Conditions, which is also available through the App and the Webshop.
      15. Services: maintenance and repair services for the Product.
      16. Service Areas: regions, as indicated through the App and the Webshop, in which VanMoof offers delivery of the Product and in which Services are provided to Consumers through VPs.
      17. User Manual: the manual for the use of a Product that VanMoof provides Consumer with.
      18. VanMoof: the private company with limited liability MA Micro Netherlands B.V., incorporated and registered in the Netherlands in the Chamber of Commerce under company number 91990866, whose registered office is at Nieuwe Looiersdwarsstraat 9 in (1017 TZ) Amsterdam, and all companies it is affiliated with in a group as referred to in Section 2:24b of the Dutch Civil Code ("DCC") or in which it has a participating interest as referred to in Section 2:24 DCC.
      19. VanMoof Partner (VP): a partner of VanMoof that sells Products and/or Parts to Consumers and/or provides Services to Consumers. A register of the VP's per region is provided to Consumer through the App and the Webshop.
      20. Warranty Policy: VanMoof's New Vehicle Limited Warranty as included in Annex 1 to these Terms and Conditions, which is also available through the App and the Webshop.
      21. Warranty Region: the country where the vehicle was initially delivered to Consumer by VanMoof or a VP.
      22. Webshop: the online shop on the website of VanMoof that is available through vanmoof.com

2. Applicability

   1. These Terms and Conditions apply to all Agreements and all legal acts relating to the formation thereof. 
   2. VanMoof may unilaterally change these Terms and Conditions if this is required for an update of these Terms and Conditions (for example to increase the clarity of these Terms and Conditions) or if this is required by changed circumstances (for example, if VanMoof changes or expands its business). VanMoof will notify Consumer of a unilateral change of these Terms and Conditions, stating its reasons for the change. Consumer is entitled to terminate (in Dutch: opzeggen) the Agreement upon this notification. The most recent version of the Terms and Conditions will always be available for Consumer through the App and the Webshop. The amendments will take effect 14 calendar days after the date on which Consumer was notified of the amended Terms and Conditions.
   3. In case of any inconsistency between these Terms and Conditions and the Agreement, the Agreement will prevail.

3. Offers, orders and agreements

   1. A quotation or (price) offer shall not be binding on VanMoof and shall qualify only as an invitation to Customer to place a Purchase Order.
   2. Consumer will order Products with VanMoof through the Webshop. Consumer shall order from the Products as these are available through the Webshop. VanMoof has the right to change the (specifications of the) Products and Parts at its own discretion. This right includes the right to market new versions of the Products and to remove certain Products from the series of Products.
   3. An Agreement shall come into existence and shall only be legally binding if and to the extent that VanMoof has confirmed the Purchase Order to Consumer in an Order Confirmation. The Agreement shall also be deemed to exist and shall become legally binding if, and to the extent that, VanMoof has started the performance of the Agreement.
   4. VanMoof is entitled to refuse (a part of) a Purchase Order. If VanMoof has already sent an Order Confirmation, VanMoof is entitled to cancel (a part of) the Agreement prior to delivery, giving its reasons for such cancellation (such as shortages in stock and force majeure). In that event, Consumer shall be entitled to a refund for the payments already made (if any) for the refused or canceled (part of the) Purchase Order or Agreement.

4. Products and features

   1. Information on the Product will be provided by VanMoof to Consumer through the Webshop and the App. VanMoof shall observe due care in informing the Consumer of the figures, measurements, weights and other specifications of the Product, but cannot warrant that these shall be free of deviations. Specifications or samples demonstrated in the Webshop and/or the App shall serve as indications only.
   2. If the Consumer requires additional information in order to conclude the Agreement or for the proper and safe use of the Product, it will request this information from VanMoof. 
   3. In order to be able to make use of the Product, Consumer will need to create a personal account in order to have access to the App. It is Consumer's responsibility to make sure that he has access to a mobile device and to the App. 
   4. Whenever there is a necessary (security) update for the Product or the App, VanMoof will make this update available to Consumer. Insofar as updates are not carried out automatically and VanMoof requires Consumer to install these updates instead, it is Consumer's responsibility to carry out these updates. When Consumer has not carried out an update made available to him within a month, VanMoof cannot warrant that the Product will remain in conformity with the Agreement and will therefore not be liable for any non-conformity of the Product or other damage that arises from the update not being carried out.

5. Price and payment

   1. The prices to be paid by Consumer to VanMoof for Products are included in the Agreement. These are the prices that are indicated in the Webshop at the time of the Purchase Order.
   2. VanMoof's prices are in Euros, unless expressly stated otherwise. Insofar as prices are stated in other currency, then such statement of price is deemed to be based on the EUR equivalent of such price at the date that the price statement was made.
   3. The prices for the Products do not include (non-exhaustive) costs for packaging, transport, delivery and insurance during transport. For each Purchase Order, such additional costs will be indicated in the Webshop and summarized in the Agreement.
   4. Any and all expenses, costs, taxes and charges incurred by Consumer in the performance of its obligations under the Agreement shall be paid by Consumer, unless VanMoof has agreed in advance (in writing) to pay such expenses.
   5. VanMoof is entitled at all times to change the prices of the Products.
   6. In the event of an Agreement for the purchase of Products, unless Parties have agreed otherwise in the Agreement, Consumer shall pay in advance of delivery upon placing the Purchase Order.
   7. All Parts or Products supplied by VanMoof shall remain the property of VanMoof until such time as the Consumer has fulfilled all its payment obligations, including claims for failure to perform.
   8. Payment obligations include the payment of the purchase price of the Parts and Products, plus any claims related to the performance of work related to the delivery and claims for damages.
   9. The retention of title in this clause serves as security for the full payment of all that VanMoof has to claim from the Consumer, for whatever reason.

6. Delivery and risk

   1. Delivery of the Product, including the User Manual and the other accessories and instructions, by VanMoof to the Consumer will be made at the address of delivery that is indicated in the Agreement. VanMoof only offers delivery of the Product within Service Areas
   2. Any delivery period indicated by VanMoof is an estimate only and is not considered a final deadline. VanMoof is never liable for exceeding any indicated delivery date.
   3. VanMoof is entitled to make partial deliveries, which may also be invoiced separately.
   4. If Consumer has paid for a Product in advance, the ownership thereof will transfer to Consumer after the delivery. If Consumer has not paid for the Product in advance and if the Product is located in the Netherlands, the ownership of the Product will transfer to Consumer after the delivery and after Consumer has paid all outstanding amounts and all claims VanMoof has against Consumer. If Consumer has not paid for the Product in advance and if the Product is located outside of the Netherlands, the ownership of the Product will only transfer to Consumer after the delivery and after Consumer has paid all outstanding amounts under the Agreement.

7. Returns-Right to withdrawal

   1. Under the conditions as outlined in Annex 2, the Consumer shall have a period of 14 calendar days to withdraw from the Agreement without giving any reason. VanMoof will handle returns of a Product by Consumer in accordance with its Return Policy (Annex 2).
   2. In the event of a product recall, Consumer will fully cooperate in safely returning the Product to VanMoof and follow VanMoof's instructions in this respect.

8. Warranty

   1. In accordance with article 7:17, paragraph 1 DCC, VanMoof warrants that the Product will be in conformity with the Agreement.
   2. VanMoof will handle warranty claims by Consumer in accordance with its Warranty Policy (Annex 1).
   3. In the event Consumer (for whatever reason) has a right to a partial refund of the Product – for example, if a product is not in conformity with the Agreement and repair or replacement of that Product, whether or not under the Warranty Policy, are not possible (anymore) – VanMoof will apply guidelines to calculate this partial refund, taking into account the age, mileage and condition of the Product.
      
      The Parties may in individual cases deviate from these guidelines and calculate the partial refund differently, for example if their application is not suited for the situation at hand or if their application would have unreasonable consequences.

9. Indemnification

   1. If Consumer breaches his obligations under the Agreement, Consumer will indemnify VanMoof, its personnel its affiliates, assigns, successors, clients, officers, directors, employees, and agents and any third parties engaged by VanMoof in the context of the performance of the Agreement against each loss, liability and cost which they may incur.

10. Force majeure

    1. VanMoof shall in any event not be in breach of the Agreement if its failure to perform (or the delay of its performance) is due to Force Majeure. 
    2. For the purpose of these Terms & Conditions, Force Majeure shall have the meaning as set out in article 6:75 DCC and can include, inter alia (non-exhaustive): the shortage of materials, unforeseen price increases or any unforeseen change of financial circumstances, transport impediments, non-performance by suppliers or subcontractors of VanMoof, inability to obtain the required licenses or consents, work strikes and lack of personnel, war, extreme weather conditions, cybercrime, hacks, pandemics or epidemics, governmental action (for example export or import restrictions), collapse of buildings, fires, explosions, geopolitical circumstances, power failures and natural disasters.
    3. VanMoof shall, as soon as reasonably practicable after the date Force Majeure has started, inform Consumer of the Force Majeure and of the consequences of the Force Majeure on the performance of its obligations under the Agreement. VanMoof shall use its best endeavours to mitigate the effect of the Force Majeure on the performance of its obligations.
    4. If the period of Force Majeure should last longer than six (6) months, both Parties will have the right to terminate the Agreement, in whole or in part, without an obligation to pay damages.

11. Termination

    1. Each Party has the right to terminate (in Dutch: opzeggen) the Agreement in whole or in part with immediate effect by giving written notice if one of the following events occurs:
       1. the other Party becomes insolvent, applies for or has been granted a suspension of payment (whether or not provisional) or debt restructuring, or has become subject to another similar scheme;
       2. the other Party has a liquidator, administrative receiver or similar officer appointed over all or a substantial part of its assets;
    2. Provisions of the Agreement and these Terms and Conditions that expressly or by implication have effect after termination, such as the provisions on termination and confidentiality, shall continue in full force after termination.
    3. In the event of termination by VanMoof on the basis of this article, VanMoof shall in no way be liable for any damages or costs incurred by Consumer.

12. Confidentiality

    1. Neither Party will, without the prior written consent of the other Party, disclose to third parties any information about or in connection with the Agreement, of which information it knows or ought to know the confidential nature.
    2. The restrictions imposed by article 13.1 shall not apply to the disclosure of confidential information which:
       1. is in the public domain otherwise than as a result of a breach of this article 13;
       2. was already obtained by the receiving Party in circumstances in which the receiving Party was not yet bound by any confidentiality obligation; or
       3. is required by law or regulation to be disclosed to any person who is authorised by law or regulation to receive the same (after consultation, if practicable, with the disclosing Party to limit disclosure to such authorised person to the extent necessary).
    3. Within ten (10) calendar days of a request to this effect, Consumer will return any (copies of) confidential information to VanMoof or Consumer will destroy this information. If so requested, Consumer will declare to VanMoof in writing that this has been done.

13. Privacy

    1. In the performance of any Agreement VanMoof will process and safeguard any personal data in accordance with its Privacy policy.

14. Intellectual property

    1. All intellectual property rights in relation to the Products remain vested in VanMoof at all times.
    2. If by the performance of any Agreement intellectual property rights are nevertheless vested in or transferred to Consumer, Consumer shall at the first request to this effect from VanMoof undertake everything necessary to transfer these rights back to VanMoof and to secure those rights free of charge.

15. Contact

    1. Consumer can contact VanMoof by email through the Help Center.
    2. In the event Consumer has a complaint, Consumer should file this complaint with VanMoof through the complaint form in the Help Center.

16. Miscellaneous

    1. Amendments or variations to the Agreement are not valid, unless agreed between the Parties in writing.
    2. Consumer shall not without the prior written consent of VanMoof subcontract any of his activities under the Agreement.
    3. Consumer shall not transfer any Agreement and the separate rights and obligations that arise therefrom to a third party without the prior written consent of VanMoof.

17. Applicable law and competent court

    1. All Agreements are governed by the laws of the Netherlands. The applicability of the United Nations Convention on Contracts for the Internationals Sale of Goods 1980 is excluded.
    2. Any dispute arising out of or in connection with any Agreement shall be exclusively referred to the Court of Amsterdam, the Netherlands. Within a month of VanMoof invoking this article 18.2 in writing, Consumer is entitled to opt for dispute resolution by the court that has jurisdiction under the law.

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Service Terms & Conditions

1. Firmware updates

   1. Firmware updates are part and a condition of VanMoof’s maintenance and repair routine. Our firmware is being updated constantly to avoid bugs and ensure a great and safe rider experience. Our staff works only with the latest software. VanMoof is not able to grant a request to not update the software of a customer's bike during maintenance and/or repair appointments. Furthermore, VanMoof does not offer firmware downgrades of the firmware versions.
   2. VanMoof is not responsible for any functionalities of third party apps before, during and after maintenance and/or repair of the bike.

2. Unrepairable frame damage

   1. If unrepairable frame damage is discovered, VanMoof reserves the right to deem a bike ‘unsafe to ride’, meaning a bike is not suitable for any use in traffic and on the road as VanMoof can not guarantee a safe rider experience.

   2. VanMoof is not liable for any damages of any kind as a result of the use of an usafe bike by the customer. VanMoof strongly advises not to ride a bike that has been declared unsafe.

   3. When a bike is declared unsafe to ride, VanMoof offers the customer the following three options: 
      1. Scrap fee: customer will receive a fee of €250 for a select set of parts that can be reused by VanMoof. The rest of the bike will be prepared for being recycled.
      2. Discount voucher: customer will receive a 20% discount voucher that can be put towards the purchasing of a new bike at VanMoof.
      3. Waiver: if the customer insists to get the bike back, after being advised not to, the customer needs to sign a waiver to indicate that the customer fully understands the risks of riding an unsafe bike and will hold VanMoof harmless in case of any damages of any kind as a result of the use of an unsafe bike. Moreover, the unsafe bike will no longer be serviced at any of VanMoof’s locations.

3. Pre-approved budget for repairs

   1. If a customer agrees to a certain repair budget during i) the appointment booking flow in My VanMoof or the Rider App or ii) when dropping off the bike in the service location, VanMoof is allowed to execute a repair within that pre approved budget.
   2. If the costs for the repair exceed the initially approved budget, VanMoof will contact the customer and get approval for the new quotation before continuing the repair.
   3. If the customer does not agree to a pre-approved repair budget, VanMoof will always contact the customer and get approval for the (new) quotation before continuing the repair.

4. Service and General Terms & Conditions

   These Service Terms & Conditions are supplementary to the General Terms & Conditions and our warranty policy.

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Annex 2 - Statutory right to withdrawal - Return policy

1. Right to withdrawal within 14 days

   1. In the event of an Agreement for the purchase of a Product, Consumer has the right to withdraw from the Agreement within 14 calendar days of the delivery of the Product, without having to give reasons. Consumer no longer has this right after 14 calendar days have passed.
   2. To exercise this right to withdrawal, Consumer must inform VanMoof of his decision to withdraw from the Agreement by an unequivocal statement (e.g. a letter sent by post, an email, or through the withdrawal form in the Help Center). Consumer can also use the withdrawal form, as attached in Annex 2A below, but this is not obligatory. 
   3. To meet the cancellation deadline of 14 calendar days after delivery, it is sufficient for Consumer to send his communication concerning his exercise of the right of withdrawal within this deadline.

2. Effects of cancellation within 14 days

   1. After withdrawal from the Agreement in accordance with article 1 of this Return Policy, VanMoof shall reimburse to Consumer all the payments VanMoof has received, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 calendar days from the day on which VanMoof received Consumer's statement of withdrawal from the Agreement. VanMoof will carry out such reimbursement using the same means of payment as Consumer used for the initial transaction, unless expressly agreed otherwise. In any event, Consumer will not incur any fees as a result of such reimbursement.
   2. Consumer will hand over or send back the Product according to the instructions that VanMoof provides to Consumer without undue delay and in any event not later than 14 calendar days from the day Consumer has communicated his statement of withdrawal form the Agreement. This deadline is met if Consumer sends back the Product before the period of 14 calendar days has expired.
   3. In case Consumer sends back the Product, it will make sure that it will keep all evidence in relation to the return (such as but not limited to receipts from the delivery company and track-and-track codes) in its possession and provide it to VanMoof at VanMoof's request. 
   4. VanMoof may withhold reimbursement until VanMoof has received the Product back from Consumer or Consumer has supplied sufficient evidence of having sent back the Product, whichever is earliest.
   5. Consumer will have to bear the costs of returning the Product. The Product must be returned in its original packaging, where possible, and in the same condition as it was received by Consumer. Accessories or parts of the Product, such as the toolbox and charger, must be returned along with the Product. Consumer is liable for the diminished value of the returned Product resulting from the handling of the Product other than what is necessary to establish the nature, characteristics and functioning of the Product. A maximum of 25 kilometres can be ridden to establish the nature, characteristics and functioning of the Product.
   6. VanMoof reserves the right to reject returns of Products that do not meet the conditions as stated in the return policy.
   7. VanMoof reserves the right to reduce the refund amount up to €500 if the Product isn’t returned in full and/or in a satisfactory condition.

Download withdrawal form

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Disclaimer

We take great care to provide visitors to our site with up to date, correct and comprehensive information. However, inaccuracies can still occur. VanMoof is not liable for any damage resulting from visiting this site or for damages resulting from alteration, inaccuracy or omission in the information provided, including technical failures.

Neither does VanMoof give any guarantees regarding the content of third party websites that are accessible through hyperlinks or other links on our website and accepts no liability with regards to these websites. 

The copyright on the content, the images, the design and the programming of this website belongs to VanMoof.

VanMoof refers to VanMoof Global Holdings B.V. or one of its subsidiaries.

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