Terms and Conditions

VanMoof General Terms and Conditions
Effective from and last updated 5 April 2022

Definitions
1. In these general terms and conditions (“Terms”), the following definitions shall apply:
  1. Agreement: any and every agreement entered into in a signed writing between VanMoof and a Client including these Terms, and any amendment thereto.
  2. Bike Doctor: a VanMoof certified bike mechanic who works in VanMoof’s physical store locations & warehouses;
  3. Bike Hunting: the process by which a personnel of VanMoof who is specialized in the retrieval “hunting” of stolen VanMoof bikes goes to “hunt”/”look for” stolen VanMoof bikes;
  4. Client, You or Your: all natural or legal persons with whom VanMoof enters into an Agreement or with whom VanMoof is negotiating about the conclusion of an Agreement;
  5. Consumer: the Client being a natural person who acts for purposes outside a business to whom VanMoof sells and/or delivers Products and to whom VanMoof provides Services;
  6. Order: any order issued by a Client to VanMoof in any form whatsoever;
  7. Privacy Policy: the statement to be consulted by the Client on the website of VanMoof regarding the processing of personal data, which may be amended from time to time and which is incorporated herein by reference and is located at https://www.vanmoof.com/privacy;
  8. Products: any and all goods which are the subject of an Agreement;
  9. Services: all services provided by VanMoof to the Client, which are directly linked to the Purchase of a VanMoof Product by a Client (e.g. POMT-Service or POMM-Service as defined in this Agreement);
  10. VanMoof or We or Us: The private company with limited liability under Dutch law VanMoof B.V., having its registered offices in Amsterdam, the Netherlands;
  11. VanMoof Brand Store: a physical sales or repair or both location of VanMoof, current addresses are listed on the VanMoof Website at https://www.vanmoof.com/stores.
Applicability
1. The present Terms shall comprise a part of all Agreements and shall be applicable to all Product sales and related Services, actions and legal transactions between VanMoof as a seller and a Client.
2. Applicability of any general terms and conditions applied by Client is explicitly dismissed by VanMoof.
3. The contact information relevant to the Client that relate to the identity of VanMoof for Sales and Services purchased on our Website or in our Dutch VanMoof stores;
  • VANMOOF B.V., Mauritskade 55 (1092 AD), Amsterdam, the Netherlands
  • Contact: support@vanmoof.com, tel. +31202051079
  • NL Chamber of Commerce: 34227663
Quotations, Agreements, Product descriptions, Integrated services
1. A quotation or (price) offer shall not be binding on VanMoof and shall qualify only as an invitation to the Client to place an Order.
2. An Agreement shall only come into effect to the extent VanMoof accepts an Order from the Client in writing or if VanMoof executes an Order or other writing. If at the request of Client VanMoof carries out any work for Client before an Agreement is effective, the Client shall remunerate VanMoof therefore in accordance with VanMoof’s customary rates payable upon receipt of an invoice.
3. After acceptance of an Order, VanMoof shall at all times be entitled to cancel such Order prior to delivery without liability and without stating its reasons after acceptance of such Order, in which case VanMoof shall not be obliged to refund or pay any more than advance payments already made by Client, if any.
4. VanMoof shall observe due care in informing the Client of the figures, measurements, weights, features other information applicable to the Products, but cannot warrant that these shall be free of deviations. Any specifications or samples demonstrated or made available shall be no more than indications of the Products concerned. If the Client should be able to demonstrate that the Products supplied by VanMoof materially deviate from the information provided by VanMoof or from the samples, the Client shall have the right to terminate the Agreement, within a reasonable time after delivery of the Product, to the extent however that such a dissolution should be necessary in reason and without VanMoof being liable for damages of any kind.
5. Integration with Apple's Find My network is provided free of charge. VanMoof reserves the right to suspend or discontinue this integration at any time and without prior notice. This discontinuation will not be a reason to revoke, cancel or otherwise terminate the Agreement(s) with VanMoof. Use of Apple's Find My network is subject to VanMoof’s privacy policy: www.vanmoof.com/privacy. VanMoof makes no representations or warranties as to the availability, reliability or accuracy of Apple’s Find My network and You agree that VanMoof will not be liable for any issues with Apple’s Find My network, reliability or failure to perform.
6. In order to operate all features of the Product and have full availability of the Services offered by VanMoof, is it necessary that You have private access to a mobile device with the updated VanMoof mobile device applications.
Peace of Mind Theft Service
1. Subject to the terms of article 4.5, VanMoof provides a Peace of Mind Theft Service (the “POMT-Service”) to safeguard VanMoof bike owners. The POMT-Service maximises the chances of VanMoof bike owners getting their bike back in the event it does get stolen. In order to use this POMT-Service, You will need to establish and maintain a member account in good standing ("Account") for the POMT-Service in accordance with the terms and conditions for such Account. VanMoof may accept or reject account applications for an account based on our sole discretion.Only in the event the Client purchases the POMT-Service, this article 4 will apply.
2. You may not use another member's Account, permit anyone else to use Your Account, or assign or otherwise transfer Your Account to any other person or entity. When applying for and creating Your Account, You must provide accurate and complete information, and keep such information updated and accurate throughout the term of Your POMT-Service policy. You are solely responsible for the activity that occurs on Your Account, and You must keep Your Account password secure. You must notify VanMoof immediately of any breach of security or unauthorized use of Your Account. VanMoof will not be liable for any losses caused by any unauthorized use of Your Account.
3. You may control Your Account and how You interact with the POMT-Service by changing the options in Your Settings page on my.vanmoof.com. By providing Your email address to VanMoof, You consent to Our use of that email address to send You POMT-Service-related emails, including any notices required by law, in lieu of communication by postal mail. In order to have access to all POM-services, it is vital that You can recieve VanMoof SMS messages. See Privacy statement for more information of the processing of personal data.
4. The POMT-Service can be purchased at the same time as Your VanMoof bike.
5. POMT-Service Rules
  1. In using the POMT-Service and/or the related POMT-Service app, You agree not to engage in any of the following prohibited activities:
  2. copying, distributing, or disclosing any part of the POMT-Service in any medium, including without limitation by any automated or non-automated "scraping";
  3. using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the POMT-Service in a manner that sends more request messages to the VanMoof servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser, except that VanMoof grants the operators of public search engines revocable permission to use spiders to copy materials from VanMoof.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials;
  4. transmitting spam, chain letters, or other unsolicited email;
  5. attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the POMT-Service;
  6. uploading invalid data, viruses, worms, or other software agents through the POMT-Service;
  7. collecting or harvesting any personally identifiable information, including account names, from the POMT-Service;
  8. using the POMT-Service for any commercial solicitation purposes;
  9. impersonating another person or otherwise misrepresenting Your affiliation with a person or entity, conducting fraud, hiding or attempting to hide Your identity;
  10. interfering with the proper working of the POMT-Service;
  11. accessing any content on the POMT-Service through any technology or means other than those provided or authorized by the POMT-Service;
  12. or bypassing the measures We may use to prevent or restrict access to the POMT-Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the POMT-Service or the content therein;
  13. or any other prohibited activity associated with maintaining an eligible Account;
  14. VanMoof may permanently or temporarily terminate, suspend, or otherwise refuse to permit Your access to the POMT-Service without notice and liability for any reason, including without limitation if in VanMoof’s sole determination You violate any provision of these Terms. VanMoof also retains the right to remove or suspend accounts for any reason, including a violation or suspected violation of these Terms. All aspects of the POMT-Service are subject to change or elimination at VanMoof sole discretion. VanMoof reserves the right to interrupt the POMT-Service with or without prior notice for any reason. You agree that VanMoof will not be liable to You for any interruption of the POMT-Service, delay or failure to perform.
6. We will not provide any service in respect of claims which are caused directly or indirectly by any of the following:
  1. You deliberately leaving Your bike unlocked and/or unattended unless You can demonstrate to our reasonable satisfaction that other precautions were taken to protect Your bike;
  2. You did not lock Your bike with the VanMoof provided lock at the time it was stolen;
  3. a malfunction of any software, application or other material downloaded to Your bike from third parties by You or anyone else using Your bike with Your permission;
  4. the effect of any virus, “back door”, “time bomb”, “Trojan horse”, “drop dead device” or malware on Your equipment;
  5. theft from any property unless You can demonstrate to our reasonable satisfaction that there was forced entry to the property or the theft had taken place despite You taking reasonable precautions to protect Your bike;
  6. confiscation of Your equipment by any government or public authority;
  7. unauthorized adjustment to or alteration of Your bike;
  8. war, invasion, act of foreign enemy, hostilities, civil war, terrorism, rebellion, revolution or military or usurped power;
  9. any damage to Your bike caused by You or others before the theft of the bike;
  10. if Your bike was outside the following countries at the time it was stolen; the Netherlands, Germany, Japan, USA, Belgium, Luxembourg, France, Spain, United Kingdom, Ireland, Austria, Denmark, Finland, Italy, Latvia, Poland, Portugal, Sweden;
  11. routine servicing or repairs by anyone not authorized by VanMoof;
7. In addition, You will have no POMT-service for any of the following items or situations:
  1. accessories, including the VanMoof Power Bank, or other equipment attached to the bike after Your equipment was accidentally lost or stolen;
  2. when You have not reported the police and entered the crime reference number in the app within seven calendar days after the theft.;
  3. when you are requesting the POMT-Service for a different bike which is not subject to the POMT-Service agreement (note: the POMT-Service is applicable to a specific bike frame number and not a user);
  4. when You have failed to follow the manufacturer’s instructions.
  5. when theft of the bike is covered under any other insurance policy stated under Your name;
  6. when more than three (3) thefts occur within the term of Your POMT-Service policy;
  7. when the defect or fault is covered by a supplier's guarantee or warranty;
  8. when You claim reimbursement for costs suffered by You as a result of not being able to use the bicycle, or any costs other than the replacement of the bicycle.
  9. When the bike appears not stolen, but removed by the municipality.
8. How to claim
  1. Follow the step by step instructions below to report a claim.
  2. Confirm that Your VanMoof bike has really been stolen. If possible, contact the owner or management of the last known location of Your bicycle to see if it has been found.
  3. Report the theft to the police (or local police if abroad at the time of the theft) as soon as possible and obtain a report or crime reference number together with details of the police station. Report any theft ideally immediately but in no event later than within 7 (seven) calendar days of discovery.
  4. Prior to the claim, You must be registered in the VanMoof POMT-Service app and the stolen VanMoof bike must be registered under Your Account.
  5. To make a claim please login to Your Account and register Your VanMoof bike as stolen.
  6. VanMoof will follow up on Your claim within 48 (forty eight) hours to validate the theft and start the Bike Hunting process.
  7. VanMoof will only be able to make use of location tracking with regard to Your VanMoof bike in the event that Your VanMoof bike has been reported by You as stolen at the Police station, and You have enabled this option in the application. The crime reference number is proof for vanMoof that the bike is registered as stolen.
  8. Clients have the possibility to transfer the POMT-Service when selling their VanMoof bike to a third party. In this event, the remainder of the POMT-Service will follow the VanMoof bike to the new owner upon completion of applicable registration formalities for establishing and maintaining an account.
  9. Should You be eligible for a new bike under the POMT-Service, You will receive one of the same (or better) age and condition subject to article 4.8.10 conditions being met.
  10. Should You be eligible for a new bike under the POMT-Service, You will receive one under the condition that You transfer the title of ownership of the old bike to VanMoof. This allows VanMoof to claim the old bike in case it will eventually be recovered.
Peace of Mind Maintenance Service
1. In addition to the warranty as described in article 12 of these Terms, the Client has the possibility to purchase a Peace of Mind Maintenance Service (the “POMM-Service”), which covers maintenance costs caused by normal wear and tear after purchasing the VanMoof Bike. Only in the event the Client purchases the POMM-Service, this article 5 will apply.
2. For the duration of the POMM-Service, VanMoof will carry out maintenance and repairs on the bicycle (parts and labour) insofar as such work is required as a result of normal wear and tear through normal use.
3. The Client will be eligible for free ad-hoc & scheduled maintenance checks conducted by a VanMoof Bike Doctor with regard to the following conditions:
  1. VanMoof reserves the right to define which maintenance checks are to be performed by a Bike Doctor or which can be conducted by the Client themself. In the event of any self-maintenance, the Client agrees to use original VanMoof parts during the maintenance as to avoid not being entitled to the benefits of the POMM-Service. If the Client is not able to prove the maintenance has been performed or any damage is incurred due to the use of non-approved VanMoof parts or accessories, VanMoof reserves the right to invoice the Client for the costs incurred by VanMoof as a result of the incorrect maintenance.
  2. Ad-hoc repairs are subject to fair-use of the Product and can be declined should it become evident that the Client is mistreating the Agreement and Product. Fair-use of the Product includes, among other things, the confirmation of the Client with regard to regular maintenance appointments with VanMoof Bike Doctors in the event the Client is being notified via email or in POMM-Service app updates, as to avoid unnecessary damage and/or wear and tear of mechanical items. Not considered fair-use of the Product is using the Product as a delivery bike, for tests, or in a sports event, or in similar circumstances which go beyond the normal use of consumer products.
4. In order to use this POMM-Service, You will need to establish and maintain a member Account in good standing for the POMM-Service in accordance with the terms and conditions for such Account. To be able to offer You these POMM-Service, We need to process personal data such as Your name, (email) address, phone number and location. By applying for an Account, You give us permission to disclose some of Your personal information to third parties for verification purposes, and to obtain additional information about You. VanMoof may accept or reject account applications for an account based on our sole discretion.
5. You may not use another member's Account, permit anyone else to use Your Account, or assign or otherwise transfer Your Account to any other person or entity. When applying for and creating Your Account, You must provide accurate and complete information, and keep such information updated and accurate throughout the term of the POMM-Service. You are solely responsible for the activity that occurs on Your Account, and You must keep Your Account password secure. You must notify VanMoof immediately of any breach of security or unauthorized use of Your Account. VanMoof will not be liable for any losses caused by any unauthorized use of Your Account.
6. You may control Your Account and how You interact with the POMM-Service by changing the options in Your Settings page on my.vanmoof.com. By providing Your email address to VanMoof, You consent to our use of that email address to send You POMM-Service-related emails, including any notices required by law, in lieu of communication by postal mail. By providing Your mobile phone number to VanMoof, You consent to our use of the phone number to send You POMM-Service-related SMS messages. You cannot opt out of POMM-Service-related emails or SMS messages as these are vital to performing our POMM-Service to You, unless You terminate the POMM-Service.
7. Maintenance intervals are subject to kilometres ridden on the bike and the Client will be informed via email or POMM-Service app updates.
8. The prohibited activities as described in article 4.6, shall also apply with regard to the POMM-Services and/or app. In using the POMM-Service and/or the POMM-Service app, You agree not to engage in the prohibited activities as described in article 4.6.
  1. VanMoof may permanently or temporarily terminate, suspend, or otherwise refuse to permit Your access to the POMM-Service without notice and liability for any reason, including if in VanMoof's sole determination You violate any provision of these Terms. VanMoof also retains the right to remove or suspend Accounts for any reason, including a violation or suspected violation of these Terms. All aspects of the POMM-Service are subject to change or elimination at VanMoof's sole discretion. VanMoof reserves the right to interrupt the POMM-Service with or without prior notice for any reason. You agree that VanMoof will not be liable to You for any interruption of the POMM-Service, delay or failure to perform.
9. Without limitation to Art. 5.10, The POMM-Service encompasses services and costs related to replacing or repairing mechanical items due to normal wear and tear with normal (e.g. recreational, commuting) use of the bicycle, which services may include but are not limited to; tightening components, lubricating components, the replacement of brakes, brake pads, wheels, handlebars, handlebar controls and buttons, chain, chain guard or kickstand, or a combination thereof.
10. The POMM-Service shall not provide any cover in respect of claims, for repairs or replacement costs which are caused directly or indirectly by any of the following:
  1. Flat tires, damage due to accidents, damage due to vandalism, damage of electrical components, repair or replacement of parts that fall out of the warranty period, shipping costs to and from service locations.
  2. a malfunction of any software, application or other material downloaded to Your bike from third parties by You or anyone else using Your bike with Your permission;
  3. The effect of any virus, “back door”, “time bomb”, “Trojan horse”, “drop dead device” or malware on Your equipment;
  4. adjustment to or alteration of Your bike without original VanMoof parts/accessories;
  5. any damage to Your bike caused by You or others to the bike;
  6. routine servicing or repairs by anyone not authorized by VanMoof; or
  7. costs suffered by You as a result of not being able to use the bicycle, or any costs other than the replacement of the bicycle.
11. VanMoof Bike Doctors reserve the right to define which mechanical pieces need replacing during a check-up.
12. For the purpose of maintenance and repair work, whether or not instigated by VanMoof, the Client must transport the bicycle to and from a VanMoof Brand Store, or remote “fixer network” locations or arrange for such transportation to one of these locations. This obligation applies throughout the duration of the Agreement, even in the event of a large or larger distance between the Client and the nearest VanMoof Brand Store occurring as a result, for example, of a new address of the Client or the closure/relocation of a VanMoof Brand Store. VanMoof shall be entitled (but not required) to repair damage to the Bicycle caused by circumstances for which the Client is liable at the expense of the Client.
13. The Client has the right to cancel the purchase of the POMM-Service within a cancellation period of 14 (fourteen) calendar days following the date on which the bike is delivered, without giving any reason.
14. To exercise the cancellation right as referred to in article 5.13, the Client must timely notify VanMoof clearly, in writing dated and sent within the cancellation period of article 5.13 (by letter or e-mail) or via the web portal of their wish to cancel the POMM-Service.
15. Clients have the possibility to transfer the POMM-Service when selling their VanMoof bike to a third party. In this event, the remainder of the POMM-Service will follow the VanMoof bike to the new owner upon completion of applicable registration formalities for establishing and maintaining an account.
Prices
1. All VanMoof’s prices are in EUR/USD/GBP/JPY unless expressly stated otherwise. Insofar as prices are stated in other currency than EUR/USD/GBP/JPY, then such statement of price is deemed to be based on the EUR/USD/GBP/JPY equivalent of such price at the date that the price statement was made. Prices are exclusive of value added tax or any other sales tax. Costs of packing and dispatch, import and export duties and taxes and any other surcharges, levies or taxes imposed or charged in respect of the Products and the transportation thereof shall be for the Client’s account.
2. Prior to delivery, any change of factors having an impact on the prices of VanMoof, including but not limited to rates of third parties, currency exchange rates, insurance rates, import and export duties and any other charges payable upon importation or exportation, freight charges and other charges, levies or taxes, may be charged on to Client by VanMoof.
3. Service fees; You agree to the fees and charges, terms of sale, payment and billing policies applicable to Your use of the POMT-Services or POMM-Services (“Services”) as stated in these Terms and the applicable account registration for these Services. VanMoof may add new services for additional fees and charges, or amend fees and charges for existing Services, at any time in its sole discretion. All fees and charges for Your use of the Service are non-refundable, except as may be expressly stated in Terms. If at any time fees for an existing Service are increased, You are of course free to cease Your use of the Service by providing notice and sending it to the e-mail address as indicated in article 2.3 above. Continued use of the Service will be treated as Your agreement to the new terms.
Delivery
1. The delivery period indicated by VanMoof shall be based on the circumstances applicable to VanMoof at the time the Agreement is entered into and, to the extent dependent on performance by third parties, on the information that those third parties provided to VanMoof. All delivery dates are estimates only.
2. Except as otherwise provided herein, the delivery period shall commence on the date of VanMoof’s written Order confirmation. Provided, however, if, in order to execute the Order, VanMoof requires additional information from the Client, the delivery period shall commence on the date on which VanMoof disposes of all the necessary information or resources, but not earlier than the date of the written Order confirmation.
3. The Client shall not be entitled to claim any compensation in the event of an overdue delivery period. Neither shall the Client be entitled to dissolve the Agreement in such an event, unless the Client is considered to be a Consumer. See article 8 for additional details. Consumers have the right to dissolve the Agreement after they have requested to deliver within a reasonable timeframe or such timeframe as provided by law and VanMoof was not able to deliver within that reasonable period or timeframe as provided by law.
4. VanMoof shall at all times be entitled to deliver in part-consignments.
Return policy and Right of Withdrawal
1. If the Client is a Consumer, after buying a Product in a VanMoof Brand Store, the Product can be returned in its original box, within 14 days. See the FAQ for the online return form, and scheduling a pick up of the Product.
2. If You meet the definition of a “Consumer”, You have the right to withdraw from Your purchase and revoke Your order without giving any reason and without extra costs.
3. The withdrawal period shall expire after 14 (fourteen) calendar days from the day on which You or a third party other than the carrier indicated by You acquires physical possession of the Products. When Products are delivered in multiple lots or pieces, the withdrawal period shall expire after 14 (fourteen) calendar days from the day on which You acquire the physical possession of the last lot or piece.
4. Please note that You cannot exercise a right to withdraw in case of Products made to the Consumer's specifications or clearly personalized.
5. You shall send back the Products in the original box or the box provided by VanMoof or hand them over in person to VanMoof, without undue delay and in any event not later than 14 (fourteen) calendar days from the day on which You communicate Your withdrawal from this contract to Us. The deadline is met if You send back the Products before the period of 14 (fourteen) calendar days has expired.
6. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Products. Installing the pedals and/or adjusting the handlebar and/or adjusting the saddle is likely to create small claws. To the extent that these actions are not necessary to establish the nature, characteristics and functioning of the bike, You are liable towards VanMoof for any diminished value caused by these actions.
7. In case You withdraw, VanMoof can refuse repayment as long as VanMoof has not timely received the returned goods or until You have proved You have timely returned the Products, depending on which event occurs first.
8. VanMoof shall reimburse You the purchase amount of the Products including any shipping costs charged with regard to the delivery of the Products no later than 14 (fourteen) calendar days starting from the day We received Your returned Products.
9. VanMoof shall use the same means of payment as You used for the initial transaction, unless You have expressly agreed otherwise and provided that You do not incur any fees as a result of such reimbursement. VanMoof shall not, however, reimburse the supplementary costs, if You have expressly opted for a type of delivery other than the least expensive type of standard delivery offered by VanMoof.
10. You shall handle the Order as well as the packaging with the utmost care during the first 14 (fourteen) calendar days after delivery. As a Consumer You will be liable for any diminished value of the goods resulting from the handling of the Products other than what is necessary to establish their nature, characteristics and functioning. In order to establish the nature, characteristics and functioning of the Products, You should only handle and inspect the Product in the same manner as You would be allowed to do in a shop.
11. In order to exercise Your right to withdraw, You can fill out the form on the “contact us” page on the website of VanMoof or make a similar unequivocal statement and send it to the email as indicated in Section 2.3 above. We will send You an acknowledgement of Your withdrawal.
Delivery and risk
1. If and to the extent that parties have not explicitly agreed in writing on the (costs of) delivery of the Products and the transfer of risk, the delivery shall be made at VanMoof’s premises, and the risk of the Products and the packing thereof shall be transferred to the Client at the moment the Products are ready for dispatch, while the dispatch shall be effected for the Client’s account and risk. In the event the Client is considered to be a Consumer, the foregoing in article 9.1 shall not apply and the moment of delivery and transfer of risk is the moment that the Consumer has taken receipt of the Products.
2. If the Client should fail to collect the Products it has ordered or should fail to do so promptly, it shall be in default without requiring a written notice of default. In such event VanMoof shall be entitled to store the Products for the Client’s account and risk and to sell these to a third party. The Client shall remain liable for the purchase price plus the interest and costs (by way of compensation) after the deduction of the net proceeds of such sale to a third party, if any.
Retention of title
1. Irrespective of the actual delivery date, the title to the Products shall not be transferred to the Client until it has paid VanMoof the sum outstanding in respect of the Products in full, including the purchase price, any surcharges, interest, taxes and costs payable pursuant to the Terms or an Agreement and any services rendered or to be rendered in respect of the Products.
2. The Client shall not be authorized to rent, let or make the Products available in use to third parties, to pledge them or to otherwise encumber them in favour of third parties until VanMoof has transferred the title of those Products to the Client.
3. If and as long as the title to the Products has not yet been transferred to the Client, the Client shall inform VanMoof forthwith in writing in the event that the Products are seized, attached, garnished or if any other claim should be made with regard to the Products.
4. In the event of attachment, seizure, garnishment, bankruptcy, involuntary liquidation or a (provisional) moratorium of payments, the Client shall immediately inform the administrator or liquidator, the bailiff or the process-server serving the seizure, garnishment or attachment, of VanMoof’s rights of title.
Inspection and complaints
1. The Client shall be obliged to carefully inspect the Products immediately upon arrival at their destination or to have these examined upon receipt by the Client itself or any third party acting at its instructions, whichever is earlier. VanMoof must be informed in writing to support@vanmoof.com of any complaints in respect of defects to the Products or any discrepancies in quantity, weight or quality between the Products supplied and the specification thereof in the relevant order confirmation or invoice no later than within five (5) calendar days after the receipt of the Products. The notification of the Client must at least give a clear and precise description of the complaints in respect of defects invoked by the Client, but preferably contains pictures of the defect The Client must notify VanMoof of defects that could not in reason have been discovered within the above mentioned period in writing immediately after discovery, but in any case no later than within 14 (fourteen) calendar days of the receipt of the Products. Notification of cosmetic damages can only be accepted by VanMoof before use of the Product. Should the Client fail to inform VanMoof within the above mentioned term, its rights to exercise any of its rights with regard to such irregularity or defect have lapsed.
2. When the Product is assembled upon arrival at the delivery address by a VanMoof certified Product assembler, the Client shall be obliged to carefully inspect the assembled Products before accepting its arrival by signing the delivery statement of the assembler.
3. The Client shall be obliged to immediately cease the use of the Products concerned after discovering any irregularity or defect, under penalty of lapse of the right to exercise any of its rights with regard to such irregularity or defect. The Client shall provide any cooperation VanMoof may require in order to investigate the complaint.
4. The Client shall not be entitled to return Products to VanMoof before VanMoof has agreed in writing to such return. The return shipping is free in countries where our VanMoof Brand stores are located, see www.vanmoof.com/stores.. The Products shall remain at risk of the Client until receipt by VanMoof of such Products.
5. Other obligations and responsibility of the Client:
  1. The Client shall at all times make any and all information necessary for the execution of VanMoof’s activities available timely and shall warrant the accuracy and comprehensiveness thereof.
  2. The Client shall not be entitled to remove or make invisible any trademarks or identifying marks on the Products, any documents accompanying and/or regarding the Products.
  3. The Client shall not copy, modify, reverse engineer, decompile, disassemble or otherwise tamper with the Product, its components and/or the Services.
Warranty
1. VanMoof warrants each new VanMoof S5/A5 bicycle frame against defects in workmanship and materials for three (3) years from the date of delivery. All original components are warranted for a period of three (3) years from the date of delivery. A different warranty period applies for heritage models and outlet sales and certain accessories, such as the Power Bank (being a two (2) year warranty period), without prejudice to the other terms and conditions of article 12. This different warranty period will be stated during the check out process for Your purchase.
2. This warranty referred to in article 12.1 is expressly limited to the replacement of a defective frame, or defective parts and is the sole remedy of the warranty. Notwithstanding local statutory rights, a repair/replacement under a warranty does not extend the warranty period. This warranty applies to the original owner and is transferable for the remaining period in the event of a new owner having purchased the bike.
3. Claims under the warranty must be made directly to Your point of purchase in Your country, whereby proof of the purchase is required. The replacement of boxes is not covered by the warranty. In the event You need a replacement of the box, We’ll send You one for an additional fee.
4. This warranty does not cover normal wear and tear, improper assembly, or follow-up maintenance including damage resulting from incorrectly replacing parts, consumable parts such as tires, or unauthorised installation of parts or accessories. The warranty does not apply to damage or failure due to accident, misuse, abuse, neglect, failing to download and install mobile device application updates, or failing to follow instructions. Any unauthorised modification of the frame or components shall void this warranty. The warranty shall not apply in case of a copy, modification, reverse engineering, decompiling, disassembly of or otherwise tampering with the Product, its components and/or the Services. VanMoof is not responsible for incidental or consequential damages. This warranty does not affect the statutory rights of the Consumer.
5. The incorporated battery of the Product, battery replacements and battery accessoiries, tested and should perform over 800 charge cycles before it falls below 70% of its original total capacity during the warranty period as described in article 12.1 of these Terms.
Force majeure
1. If VanMoof is unable to fulfil any of its obligations towards Client due to force majeure, these obligations shall be suspended during the force majeure situation.
2. Provided however, if a force majeure situation has lasted for one (1) calendar month, both parties have the right to dissolve the Agreement in writing entirely or in part. In the event of force majeure of VanMoof, Client is not entitled to any compensation or damages, not even if VanMoof would enjoy any benefit as a result of such force majeure.
3. Force majeure on the part of VanMoof is to be understood as a case of overmacht as mentioned in article 6:75 Dutch Civil Code, and furthermore any circumstance beyond the control of VanMoof hindering the fulfilment of its obligations towards Client entirely or in part or because of which VanMoof cannot be expected in all fairness to fulfil its obligations, regardless whether such circumstance could have been foreseen at the time when the Agreement was concluded. Such circumstances include but are not limited to war, fires, acts of terrorism, strikes and lockouts, the outbreak and/or spread of viruses and/or diseases, stagnation or other production problems suffered by VanMoof or its suppliers, or problems in the transportation provided by VanMoof or any third parties, any government measures, as well as the inability to obtain any permit or licence from any governmental body.
4. Parties shall notify each other as soon as possible of any (possible) force majeure situation.
Warranty claims Products
1. VanMoof warrants only those features, qualities of its Products that are explicitly agreed in writing. All other specific or implied warranties are – to extent allowed under applicable mandatory law – hereby expressly excluded.
2. If VanMoof should deliver Products to the Client which VanMoof has obtained from its own suppliers, VanMoof shall at no time be obliged to honour a warranty or liability in respect of the Client which is more far-reaching than that which VanMoof can claim from its own supplier.
3. With respect to warranty claims under article 12, if, in VanMoof’s opinion, the Client has been able to prove that any Products supplied by VanMoof to the Client do not function properly, VanMoof may choose, at its sole discretion, between:
  1. re-supplying the Products with a Product of the same model that is of similar, age, mileage and condition, upon receiving the returned Product;
  2. modifying the Products properly;
  3. granting the Client a discount on the purchase price to be agreed by mutual consent.
  4. VanMoof shall be fully discharged of its warranty obligations by complying with one of the options described above, and it shall not be held to pay any further compensation or damages.
4. The Products shall remain completely for the Client’s risk even if VanMoof should carry out any repairs to the Products.
Liability
1. Any liability of VanMoof shall at all times be limited to the sum insured that shall be paid in such case under the liability insurance policies taken out by VanMoof. These insurance policies have limited cover, inter alia with respect to the amount of the damages and the number of insured events per year. Upon request thereto, access may be obtained to the insurance cover note. Should no payment be made by virtue of aforementioned insurance policies, regardless of the grounds, the liability of VanMoof shall be limited to the fee that was invoiced by VanMoof and paid by Client in connection with the delivery at hand during a 12 (twelve) month period directly preceding the date on which the event leading to liability occurred, up to a maximum liability of € 10,000 (ten thousand Euro).
2. In the event that VanMoof involves third parties, VanMoof shall not accept any liability whatsoever for failure to perform on the part of such third party except to the extent for failure to perform on the part of VanMoof itself — to which article 15.1 applies. If the Client brings legal action directly against a third party, the Client shall indemnif VanMoof against any claims by such third party in connection with such claim as well as against all expenses to be incurred by VanMoof.
3. All rights of legal action and other powers of the Client towards VanMoof in connection with the Products delivered by VanMoof shall lapse upon expiry of a one (1) year term after the date on which the Client has become aware of - or could in all fairness have been aware of - the existence of such rights and powers.
Termination
1. If Client fails to fulfil any of its obligations arising from the Agreement properly or in time, Client shall be in default and VanMoof shall be entitled without any default notice:
  1. to suspend the fulfilment of the Agreement until payment has been adequately guaranteed; and/or
  2. to dissolve the Agreement with Client entirely or in part;
  3. all this without prejudice to VanMoof's other rights under any Agreement whatsoever and without VanMoof being held to any damages.
2. If VanMoof exercises its right of termination as mentioned in article 16.1, VanMoof is authorized to set off any amount which may possibly be refunded to Client with a remuneration for activities already carried out as well as with a compensation for loss of profit.
3. In the event of bankruptcy, (provisional) suspension of payment, liquidation or attachment of one or more assets of Client or if Client is aware that any of these situations may occur, Client must notify VanMoof thereof as soon as possible.
4. In case of a situation as referred to in article 16.3, all Agreements with Client shall be terminated immediately by notice from VanMoof or VanMoof may notify Client that it wishes (part of) the Agreement concerned to be fulfilled, in which case VanMoof is entitled without any default notice:
  1. to suspend fulfilment of the Agreement(s) concerned until payment has been adequately guaranteed; and/or
  2. to suspend all its payment obligations, if any, towards Client;
  3. all this without prejudice to VanMoof’s other rights under any Agreement whatsoever and without VanMoof being held to any damages.
5. In the event of a situation as referred to in article 16.3, all VanMoof’s claims against Client shall be immediately payable in full.
Maintenance and updates
1. In order to maintain and improve the safety and functionalities of our Services and Product, from time to time it may become necessary to update or alter our Products and/or Services, e.g. through software or firmware updates. This could change the functionalities. The updates or alterations can be executed, for example, in the following ways:
  1. downloaded and installed by the Client on the Client’s mobile device, or have the mobile device do the updates automatically. The mobile devices updates the Product.
  2. updates can be installed by VanMoof or its Certified Specialists when Products are being assembled, brought in for repairs and/or check ups;
  3. important updates will be uploaded and installed directly to the Product by VanMoof.
2. VanMoof might have to temporarily suspend its Services, e.g. because safety issues need to be examined and/or system maintenance and system upgrades need to be performed.
3. VanMoof might have to suspend or discontinue the support of Your mobile device’s or Product’s operating software, e.g. because the mobile device’s software is getting outdated. Without prior notice, Services can become unavailable.
4. VanMoof does not accept liability for the situations described in article 17.1., 17.2, or 17.3, or any combination thereof, unless it is obligatory under local laws.
5. In case You refrain from downloading and installing the updates described iin article 17.1, and/or prevent any of these updates or alterations taking effect Your limited warranty will become null and void.
Transfer of rights and obligations
1. VanMoof is allowed to transfer to third parties the rights and obligations described in any Agreement with Client. If obligations of VanMoof are transferred, VanMoof must inform Client aforehand and Client shall be entitled to terminate the Agreement by the date on which the transfer shall take place. In such case, VanMoof shall not be liable for any damages. Except as provided in the Agreement and these Terms, the Client cannot transfer to third parties any rights or obligations from any Agreement unless after consent thereto by VanMoof. Any attempted assignment in violation of this Section shall be null and void. The Agreement shall be binding on any permitted successor or permitted assignee.
Privacy
1. We care about Your privacy. In the performance of this agreement we process and safeguard Your personal data according to our Our Privacy Policy. See www.vanmoof.com/privacy.
Conversion
1. If and insofar as any provision of these Terms cannot be invoked due to any imperative rule of law, the unfair character of these Terms or grounds of reasonableness and fairness, the provision concerned, as far as contents and essence are concerned, shall in all events have a corresponding meaning to such an extent that the provision concerned may indeed be rightfully invoked.
Applicable law, competent court
1. The law of the Netherlands shall be applicable to the present Terms and to all other Agreements. The applicability of the Uniform Law on the International Sale of Movable Property, the Uniform Law on the Formation of International Contracts for the Sale of Goods as well as the Vienna Convention on the Sale of goods is excluded. In favour of consumers, more favourable mandatory national law provisions remain unaffected.
2. Any disputes arising from the Agreement or these Terms shall be brought exclusively before the competent court in Amsterdam.
Severability
1. If any term or provision of the Agreement, including in these Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
Amendment of Terms
1. Unless otherwise provided herein, these Terms may be amended on the part of VanMoof by notification to Client. Except as otherwise provided herein or therein, the amended Terms shall apply to all new Agreements as of the day of notification as well as to all current Agreements if and insofar as these are to be carried out after the day of notification. With respect to any websites referred to in these Terms we may revise and update such sites from time to time in our sole discretion. Unless otherwise provided in such websites, all changes are effective immediately when we post them, and apply to all access to and use of the applicable website thereafter. Unless otherwise provided in the website, Your continued use of the website following the posting of revised terms means that You accept and agree to the changes. You are expected to check applicable websites from time to time so You are aware of any changes, as they are binding on You.

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VanMoof Subscriptions
General Terms and Conditions (Netherlands)

Definitions
1. The following terms used in these General Terms and Conditions will have the following meanings:
  1. 'Applicant Customer’: any person, age 18 or older, or legal entity wishing to be a Customer and/or with whom VanMoof is in discussions or negotiations for the signing of a Contract, or who is in discussions or negotiations with a Customer for the transfer of a Key;
  2. ‘Bicycle’: the bicycle supplied to the Customer by VanMoof under the Subscription;
  3. ‘Contract’: a contract between VanMoof and the Customer for a Subscription;
  4. ‘Customer’: any adult, natural person or legal entity with whom VanMoof has entered into a Contract and who is accepted by VanMoof;
  5. ‘Guest Use’: as defined in Article 5.1;
  6. ‘Initial Payment’: a one-off sum payable by the Customer to VanMoof at the start of the Subscription for the rent of the Bicycle, as specified in the Contract;
  7. ‘Key’: the right of the Customer to use the Bicycle;
  8. ‘Monthly Fee’: the payment owed by the Customer to VanMoof each calendar month for the rent of the Bicycle, as specified in the Contract;
  9. ‘Subscription’: the subscription purchased by the Customer under the Contract between VanMoof and the Customer for the use of the Bicycle;
  10. ‘Total Loss’: as defined in Article 7.4;
  11. ‘VanMoof’: VANMOOF B.V., with registered office at Mauritskade 55H, 1092 AD Amsterdam, registered in the Netherlands Chamber of Commerce under number 34227663;
  12. ‘VanMoof Brand Store’: a specialist bicycle store managed by VanMoof or a legal entity associated with VanMoof or other location stipulated by VanMoof for the purpose of the Subscription; and
  13. ‘Web Portal’: the digital web portal for the Subscription, accessible via www.vanmoof.com, by which the Customer can access their personal account and transfer their Key.
2. Insofar as required by context, terms used in the plural in these General Terms and Conditions (the ‘General Conditions’) include the singular, and vice versa.
Registration Process
1. An Applicant Customer may apply for a Subscription via the Web Portal. A Contract comes into effect once the Applicant Customer has submitted an application via the Web Portal (and accepted these General Conditions) and once VanMoof has accepted the Applicant Customer as a Customer. These General Conditions apply to all Subscriptions and form part of every Contract between a Customer and VanMoof.
2. VanMoof reserves the right to refuse an Applicant Customer if:
  1. The Applicant Customer has had a previous Subscription terminated by VanMoof;
  2. VanMoof has some other reason for believing that the Applicant Customer will not comply with the terms of the Subscription, the Contract, and/or these General Conditions; or
  3. the Applicant Customer does not live within a radius of 10 kilometres from a VanMoof Brand Store.
3. Before VanMoof will supply the Bicycle to the Customer, the Customer must:
  1. have paid the Initial Payment to VanMoof;
  2. have supplied VanMoof with a payment authorization via the Web Portal (credit card) for payment of the Monthly Fee and any other sums payable under the Contract and/or these General Conditions, which method of payment must have been verified and accepted by VanMoof in writing; and
  3. at the time of collecting the Bicycle from a VanMoof Brand Store prove their identity by means of a valid form of ID.
Bicycle
1. For the duration of the Subscription VanMoof will supply to the Customer a Bicycle of the agreed type and model. Unless VanMoof decides to replace the Bicycle, the Customer will have the use of the same Bicycle for the duration of the Subscription. The Bicycle will remain at all times the property of VanMoof.
2. For the duration of the Subscription VanMoof will carry out maintenance and repairs on the Bicycle (parts and labour) insofar as such work is required as a result of normal wear and tear through normal use. For the purpose of maintenance and repair work, whether or not instigated by VanMoof, the Customer must transport the Bicycle to and from a VanMoof Brand Store or (at their own expense) arrange for such transportation. This obligation applies throughout the duration of the Subscription, even in the event of a large or larger distance between the Customer and the nearest VanMoof Brand Store occurring as a result, for example, of a new address of the Customer or the closure/relocation of a VanMoof Brand Store. If available, the Customer will be able to loan an alternative bicycle for the duration of the repairs or maintenance to their Bicycle. VanMoof shall be entitled (but not required) to repair damage to the Bicycle caused by circumstances for which the Customer is liable at the expense of the Customer.
3. Work carried out on the Bicycle by the Customer or a third party is at the expense of the Customer, unless VanMoof has confirmed in advance in writing that it will be responsible for such costs.
4. VanMoof is entitled to take back the Bicycle at any time in consultation with the Customer and replace it with a comparable Bicycle.
Key, Transfer of Key
1. The Key is strictly personal and may be used only by the Customer or, if the Customer is a legal entity, by the natural person for whose benefit the Subscription is taken out. Except by transfer of the Key in accordance with the provisions of this Article 4, the Customer is not permitted to share the Key with any third party or to enable any third party to use the Bicycle.
2. During the registration process the Customer will create a password that will provide them with access to the confidential information and functions within the Web Portal. The Customer undertakes to treat the log-on data in the strictest confidence and shall ensure it remains inaccessible to any third party.
3. The Customer must update the personal and payment data it has supplied to VanMoof as soon as possible following any change in such data via the Web Portal.
4. The Customer may transfer the Key (and thus the exclusive right to use the Bicycle) to an Applicant Customer. The Key gives such Applicant Customer the exclusive right to use the Bicycle without this Applicant Customer being liable to pay VanMoof the Initial Payment, on condition that this Applicant Customer has first accepted these General Conditions and has been accepted by VanMoof as a Customer, whereby the legal obligations of the Customer to VanMoof arising under the Subscription are transferred to this new Customer by means of an assignment of contract as defined in Book 6 Article 159 of the Dutch Civil Code. In the case of a transfer of the Key in accordance with this Article 4, the start date of the Subscription of the new Customer is the date on which the Key is supplied to the person who has been assigned the Key. The Customer may offer the Key to an Applicant Customer in any way permitted by law, but transfer of the Key must be effected via the Web Portal.
5. VanMoof has no control over the willingness of an Applicant Customer to accept transfer of the Customer’s Key or any payment that the Applicant Customer may be prepared to pay for such transfer. VanMoof does not guarantee that there will at any time be any Applicant Customer wishing to accept transfer of the Customer’s Key, nor does VanMoof give any guarantee as to the amount that any Applicant Customer may be willing to pay for the transfer to them of the Customer’s Key. VanMoof expressly does not guarantee that as a result of a transfer of the Key the Customer will receive a payment equal to, or in proportion to, the amount of the Initial Payment.
6. It is the sole responsibility of the person who transfers the Key, and not VanMoof, to actually supply the Bicycle to the Applicant Customer who has accepted transfer of the Key. The transfer of the Key is a transaction between the Customer that transfers the Key and the Applicant Customer who accepts transfer of the Key. VanMoof is not a party to this transaction and the right of revocation specified in Article 11 does not apply to this transaction.
7. These General Conditions apply to the party that is assigned a Key from an existing Customer and to the Contract with such party, with the exception of Article 2.3.
8. VanMoof is entitled to refuse to cooperate with the the transfer of the Key and assignment of Contract referred to in section 4 of this article 4 if there are compelling reasons. Such a compelling reason would include, for example, a situation in which the Customer wishing to transfer the Key is in breach of their obligations to VanMoof.
Guest Use
1. For the duration of the Subscription the Customer and one partner, family member or friend of the Customer may during a stay in a city abroad (outside the Netherlands) in which a VanMoof Brand Store is located make use of a Bicycle (‘Guest Use’) at no additional cost.
2. VanMoof will use its best efforts to be able to offer Bicycles for Guest Use to the Customer, but cannot guarantee the availability thereof. Bicycles for Guest Use should be booked via the Web Portal and will be allocated on a ‘first come, first served’ basis. Following a confirmed booking, any such Bicycle may be collected from the VanMoof Brand Store or other location designated for such purpose by VanMoof and at the end of the relevant period must be returned to the same location. No such Bicycles will necessarily be of the same value as the Bicycle in respect of which the Subscription is purchased.
3. The Customer may take advantage of Guest Use for a maximum of seven (7) consecutive days and a total of no more than fourteen (14) days per calendar year.
4. By taking advantage of Guest Use the Customer and - where relevant - their partner, family member or friend acknowledge that all obligations of the Customer arising from these General Conditions will apply to such Guest Use. In addition, local mandatory conditions may apply. In the event of any discrepancy between any local mandatory conditions and these General Conditions, local mandatory conditions will take precedence over the provisions of these General Conditions.
General Obligations and Prohibitions
1. The Customer must:
  1. act with the required duty of care and treat the Bicycle with care, in accordance with the instructions given by VanMoof and with local traffic laws and regulations;
  2. immediately notify VanMoof via the Web Portal of any theft, embezzlement, or loss of - or damage to - the Bicycle;
  3. always keep the Bicycle locked, using as a minimum (depending on type) the ring lock supplied with the Bicycle or the rear-wheel lock integrated within the Bicycle and, where possible, also using the chain lock supplied with the Bicycle;
  4. always enable the Bicycle’s alarm system (if fitted to the Bicycle) when parking or storing the Bicycle;
  5. carry out small repairs at their own expense, such as: (i) regularly checking tyre pressure and, where necessary, inflating the tyres, and (ii) keeping up-to-date and regularly checking the sturdiness of moving parts, and oiling and greasing such parts as necessary;
  6. ensure that the Bicycle is at all times safe in traffic and used safely;
  7. ensure that the Bicycle is maintained in accordance with the maintenance schedule specified by the manufacturer;
  8. arrange for repair at their own expense by VanMoof of any damage to the Bicycle resulting from circumstances for which they are liable; and
  9. report any defects in the Bicycle and errors indicated immediately by e-mail or via the Web Portal to VanMoof.
2. The Customer is not permitted to:
  1. make alterations to the Bicycle that cannot be reversed without causing damage to the Bicycle. Bicycle child seats and other accessories are permitted provided that these can be removed without damaging the Bicycle;
  2. use the Bicycle for commercial purposes (such as leasing/sub-leasing, or for use in providing courier or delivery services) or for cycling sport competitions, or tests;
  3. make the Bicycle available to family members or, if the Customer is a legal entity or business owner, to employees;
  4. use the Bicycle other than on roads and cycle paths;
  5. exceed the maximum load of the Bicycle specified by the manufacturer;
  6. manipulate, decompile, reverse engineer, or disassemble in any way the electronics and/or software of the Bicycle, the Key, or the Web Portal, or use these in any way for data gathering;
  7. arrange for repairs or alterations to be carried out to the Bicycle without the prior express written approval of VanMoof;
  8. take the Bicycle abroad (outside the Netherlands);
  9. park the Bicycle in any place where this is prohibited;
  10. grant a security interest in the Bicycle; or
  11. make copies of the keys to the locks supplied with the Bicycle.
Theft, Embezzlement, Actual Loss, Total Loss
1. The Customer must safeguard the Bicycle to the extent possible against theft, embezzlement, and actual loss by enabling the alarm of the Bicycle (if fitted to the Bicycle) and keeping the Bicycle locked using as a minimum (depending on type) the ring lock supplied with the Bicycle or the rear-wheel lock integrated within the Bicycle and, where possible, also using the chain lock supplied with the Bicycle.
2. In the event of theft, embezzlement, or actual loss the Customer must notify VanMoof accordingly by e-mail or via the Web Portal immediately, and in any event within 24 hours of discovery, and report the matter to the police. The Customer must return to a VanMoof Brand Store all original keys to the Bicycle supplied to the Customer.
3. On receipt by VanMoof of a report of theft, embezzlement, or actual loss of a Bicycle, together with a copy of the police report, the VanMoof Bike Hunters will try to find the Bicycle. If they fail to return the Bicycle to the Customer within two weeks of receipt of the report, VanMoof will replace the Bicycle by one that is to the extent possible of equal value unless any of the situations described in section 6 of this article arises.
4. If the Bicycle is a total write-off or so badly damaged that the repair costs would exceed the amount of the Initial Payment, this is referred to as ‘Total Loss’. In the event of Total Loss the Customer must notify VanMoof immediately by e-mail or via the Web Portal, and in any event within 24 hours of discovery, and VanMoof will replace the Bicycle by one of equal value to the extent possible, unless any of the events described in section 6 of this article has occurred.
5. Until such time as the Bicycle is returned to the Customer following its theft, embezzlement or actual loss, or the Customer receives a replacement Bicycle from VanMoof, the Customer may loan an alternative bicycle provided there is one available. The Customer must collect the Bicycle (once it has been recovered by the Bike Hunters), the replacement bicycle, and/or a loan bicycle from, and return them to, the nearest VanMoof Brand Store. For each occasion that the VanMoof Bike Hunters are deployed, whether or not they succeed in recovering the bike, VanMoof will charge the Customer a fee of €98.00.
6. VanMoof will not replace the Bicycle, and the Customer is liable to make a payment to VanMoof (the amount of which is specified in the Contract and is dependent upon the type and value of the Bicycle) upon the occurrence of one or more of the following events:
  1. the Customer’s third occurrence of a theft, embezzlement, actual loss and/or Total Loss;
  2. the theft, embezzlement, actual loss and/or Total Loss is the result of the own fault, deliberate act, recklessness (whether or not intentional), and/or deliberate intent of the Customer. This would be the case if, for example, the Customer has not locked the Bicycle sufficiently or at all, has not used the Bicycle’s alarm, or not otherwise sufficiently protected the Bicycle against theft, embezzlement, or actual loss (for example, through careless handling of the keys), or if the damage or Total Loss is the result of improper use of the Bicycle (for example, by using the Bicycle in breach of these General Conditions); or
  3. the Customer, following an actual or alleged theft, embezzlement, actual loss, or Total Loss of the Bicycle, is unable to hand in the keys to the Bicycle to a VanMoof Brand Store.
Duration and Termination
1. Unless a minimum duration for the Subscription has been agreed, the Subscription is for an indefinite term and may be terminated by the Customer at the end of a calendar month subject to two weeks’ written notice sent by letter, e-mail or via the Web Portal. If a minimum duration for the Subscription has been agreed, then the Subscription cannot be ended until the agreed end date, and subject to two weeks’ notice before that date.
2. VanMoof may not terminate the Subscription during the first five years following the date on which the Key is first supplied by VanMoof to a Customer, unless an event as described in section 4 of this article has occurred. After five years following the date on which the Key is first supplied by VanMoof to a Customer, VanMoof may, in addition to any rights to terminate under section 4 of this article, terminate the Subscription at any time for any reason, provided that VanMoof pays compensation to the Customer for such termination in accordance with the following table:
  Termination by VanMoof (after date of first issue of Key):Compensation payable by VanMoof to the Customer (as a percentage of the Initial Payment):
  
  5 to 6 years: 50%
  
  6 to 7 years: 40%
  
  7 to 8 years: 30%
  
  8 to 9 years: 20%
  
  9 to 10 years: 10%
  
  More than 10 years: 0%
  
  Except as set forth in section 2 of this article or pursuant to Article 11, no part of the Initial Payment will be refunded to a Customer.
3. In respect of the compensation specified in section 2 of this article:
  1. VanMoof will only pay this compensation if it terminates the Subscription and such termination is not pursuant to section 4 of this article;
  2. VanMoof will only pay this compensation once the Bicycle has been returned to VanMoof in accordance with section 6 of this article; and
  3. VanMoof reserves the right to reduce the amount of compensation or not to pay any, as it sees fit, in the event of any damage or defects to the Bicycle other than resulting from normal wear and tear.
4. VanMoof may terminate the Subscription at any time with immediate effect and without prior notice to the Customer if:
  1. the Customer is a consumer and has failed to pay two instalments of the Monthly Fee and/or other sums owed under the Contract or these General Conditions;
  2. the Customer is a legal entity or business person who has signed the Contract in the performance of their commercial or independent professional or business activities, and there is also: an arrears of payments, a moratorium, bankruptcy, liquidation, or winding-up of business, or they are made subject to the rescheduling of debts of natural persons act, or there is a change in control of the legal entity;
  3. at the start of, or at any time during, the Subscription the Customer has supplied incorrect information;
  4. fraud has been committed or VanMoof has a reasonable belief that fraud has been committed;
  5. the Customer shares their Key or log-in information for the Web Portal with, or otherwise transfers the same to, a third party in breach of the provisions of Article 4;
  6. the Customer refuses to bring the Bicycle to a VanMoof Brand Store for maintenance or repair, or otherwise does not cooperate with any maintenance or repair;
  7. upon the occurrence of any of the events mentioned in Article 7.6;
  8. the Customer is in breach of any of the provisions of the Contract or of these General Conditions and fails to remedy such breach(es) without delay;
  9. the Customer rides the Bicycle under the influence of alcohol or drugs; or
  10. the Customer uses the Bicycle for improper purposes, including but not limited to the performance of stunts.
5. In the event of termination of the Subscription by VanMoof upon the occurrence of one or more of the events listed in section 4 of this article, the Customer’s access to the Bicycle and the Web Portal will be immediately blocked and the Customer must immediately return the Bicycle to a VanMoof Brand Store. Upon a termination of the Subscription pursuant to section 4 of this article VanMoof has the right to:
  1. the immediate return of the Bicycle to a VanMoof Brand Store. If the Customer does not immediately return the Bicycle, VanMoof is entitled to recover possession itself and to charge the Customer accordingly;
  2. receive payment of the Monthly Fee up to and including the month in which the Bicycle is returned, together with all other sums due under the Contract and/or these General Conditions; and
  3. compensation for all loss actually incurred by VanMoof.
  4. Following termination of the Contract, the Customer must return the Bicycle to VanMoof in the same condition as it was supplied to the Customer, with any additions or changes made to the Bicycle by the Customer reversed.
Payment, Arrears of Payment
1. The Monthly Fee and any other payments due under the Contract and/or these General Conditions, will be transferred monthly in advance by means of the payment method selected at the time of registration. In the case of commercial Customers agreement can be reached for payment to be made in respect of regular invoices. Payment of the Monthly Fee for the next calendar month must be made by no later than the last day of the current calendar month. The Monthly Fee due in respect of the first calendar month is calculated pro rata according to the number of days between the signing of the Contract and the end of that month.
2. The Customer irrevocably authorizes VanMoof or - in the case of an assignment of the right as described in section 5 of this article - the party to which the right has been assigned, to obtain payment of all sums owed by the Customer under the Contract and/or these General Conditions by means of direct debit from the account indicated by the Customer or the debiting of their credit card, or other selected payment method included in the Web Portal.
3. The Customer remains liable for payments that VanMoof has not been able to collect. If the Customer has not paid the Monthly Fee or any other payment even after a payment reminder has been sent, VanMoof will contact the Customer to again request payment and offer the Customer the option to update their personal and/or payment data.
4. If a payment has not been received by VanMoof within 60 days of the payment date, and VanMoof has sent the Customer at least one payment reminder, VanMoof reserves the right to report the theft and/or embezzlement of the Bicycle and to recover the Bicycle. The Customer shall be liable for all costs thereby incurred by VanMoof. Furthermore, in such a case the Customer shall not be entitled to any partial refund of the Initial Payment.
5. VanMoof reserves the right to assign its rights under the Contract and/or these General Conditions.
Privacy
1. VanMoof may store and process personal data and other information pertaining to the Customer and use this to make offers, whether or not personalised, to the Customer.
2. In the case of theft or embezzlement of the Bicycle or reasonable suspicion of theft, embezzlement, or fraud, VanMoof shall be entitled (but not required) – if the type of Bicycle permits this – to locate or track the Bicycle’s location, and/or to check whether prior to the alleged or actual embezzlement or theft the Bicycle had been locked.
Cancellation Rights
1. The Customer has the right to cancel the Contract (and thus the Subscription) within a cancellation period of 30 days following the date on which the bike is delivered, without having to give reasons.
2. To exercise these cancellation rights, the Customer must notify VanMoof clearly, in writing (by letter or e-mail) or via the Web Portal of their wish to cancel the Contract (and thus the Subscription).
3. If the Customer does cancel the Contract VanMoof will refund to the Customer no later than 14 days after VanMoof has received notice from the Customer of their decision to cancel all payments made to VanMoof by the Customer up to that moment, including delivery costs (but excluding any extra costs arising from any choice of delivery beyond the cheapest standard delivery offered by VanMoof). The refund will be effected using the same payment method used by the Customer for the original transaction, unless the Customer has expressly agreed otherwise. If the Customer has used the Bicycle during the cancellation period the Customer will pay a sum to VanMoof equal to the Monthly Fee, which sum VanMoof may deduct from any sums it owes to the Customer. If the Bicycle has already been supplied by VanMoof at the time of cancellation the said cancellation period of 14 days does not start to run until the Customer has returned the Bicycle to VanMoof in accordance with the provisions of Article 8.6.
Miscellaneous Provisions
1. VanMoof reserves the right to make any reasonable changes to the Subscription (including an increase in the Monthly Fee in line with the consumer price index) and/or to these General Conditions. VanMoof will notify the Customer at least 30 days before any change to these General Conditions becomes binding upon the Customer.
2. If any provision of these General Conditions is deemed invalid, void, or unenforceable, this will not prevent the remaining valid, lawful and enforceable provisions from being fully binding.
3. Book 7, Articles 207, 208, 210, and 216 (2) and (3) of the Dutch Civil Code do not apply.
4. The Customer agrees to information concerning the Subscription being sent only in digital form, such as by e-mail to the e-mail address provided at the time of registration.
5. Apart from any liability of VanMoof arising from a deliberate act or gross negligence, or by virtue of any mandatory law, VanMoof excludes all other liability to the Customer.
6. In the event of force majeure VanMoof is not obliged to comply with any obligation arising from the Subscription, the Contract, and/or these General Conditions. The term ‘force majeure’ here includes the inability of VanMoof to comply with its obligations due to war, threat of war, civil unrest, disturbance, fire, water damage, frost, flood, earthquake, work stoppage, sit down, lock out, government measures, defective equipment, interruptions in energy supply, breakdowns in communication systems, and changes to relevant laws or regulations.
7. The Subscription, the Contract, and these General Conditions are governed exclusively by Dutch law.
8. The Dutch courts have exclusive jurisdiction to hear any dispute arising from the Subscription, the Contract, these General Conditions, or any other legal relationship between VanMoof and the Customer resulting therefrom.
9. Except in the case of a transfer of a Key in accordance with the provisions of Article 4, the rights of the Customer arising from the Subscription, the Contract, or these General Conditions cannot be assigned without the prior written consent of VanMoof. This provision constitutes a stipulation with property-law effect as defined in Book 3 Article 83 (2) of the Dutch Civil Code.

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Terms & Conditions

VanMoof General Terms and Conditions Effective from and last updated 5 April 2022

Definitions

Applicability

Quotations, Agreements, Product descriptions, Integrated services

Peace of Mind Theft Service

Peace of Mind Maintenance Service

Prices

Delivery

Return policy and Right of Withdrawal

Delivery and risk

Retention of title

Inspection and complaints

Warranty

Force majeure

Warranty claims Products

Liability

Termination

Maintenance and updates

Transfer of rights and obligations

Privacy

Conversion

Applicable law, competent court

Severability

Amendment of Terms

VanMoof Subscriptions General Terms and Conditions (Netherlands)

Definitions

Registration Process

Bicycle

Key, Transfer of Key

Guest Use

General Obligations and Prohibitions

Theft, Embezzlement, Actual Loss, Total Loss

Duration and Termination

Payment, Arrears of Payment

Privacy

Cancellation Rights

Miscellaneous Provisions

Rider Referrals

Eligibility

How to Participate

Referral Program Rules/Limits

Disclaimer

VanMoof General Terms and Conditions
Effective from and last updated 5 April 2022

VanMoof Subscriptions
General Terms and Conditions (Netherlands)