General terms and conditions

Warranty conditions VanDijck Mobility BV

VanDijck Mobility BV offers a warranty against any material/construction errors for a certain period, if and to the extent that this follows from the following warranty provisions. These warranty provisions apply in addition to the also applicable general terms and conditions of VanDijck Mobility BV. Hereinafter referred to as “VanDijck Mobility”.

Article 1. General

1.1. VanDijck Mobility guarantees that VanDijck Mobility bicycles and original parts of VanDijck Mobility bicycles (hereinafter: VanDijck Mobility products) are free from construction and/or material defects to the extent that this follows from these Consumer Warranty Conditions (hereinafter: warranty conditions).

1.2. The VanDijck Mobility dealer is the selling party and as a consumer/owner of a VanDijck Mobility product you enter into a purchase agreement with the VanDijck Mobility dealer. Therefore, the VanDijck Mobility dealer is your first point of contact for warranty matters. If there is an unexpected change regarding your VanDijck Mobility dealer, such as relocation, bankruptcy or another cause, you can contact VanDijck Mobility. VanDijck Mobility will help you find an alternative service point for maintenance and warranty execution. Please note that changing the VanDijck Mobility dealer as service point may entail possible (future) costs. This applies to both voluntary changes and changes due to force majeure.

1.3. If a VanDijck Mobility product proves to be defective or becomes defective during the warranty period due to construction, material and/or paint defects and a warranty claim can be submitted under these warranty conditions, your VanDijck Mobility dealer will replace the defective VanDijck Mobility product with new or reconditioned products or parts within the warranty area. All replaced parts and products become the property of VanDijck Mobility.

1.4. If a VanDijck Mobility battery is tested by VanDijck Mobility within the warranty period and is found to be defective, and a warranty claim can be made under these warranty conditions, the VanDijck Mobility battery will be replaced free of charge by your VanDijck Mobility dealer.

1.5. The warranty is only provided by VanDijck Mobility within the applicable warranty period of the VanDijck Mobility product and on condition that the original invoice or proof of purchase (including date of purchase, model name, serial number and dealer) is presented together with the defective product.

1.6. The warranty provided by VanDijck Mobility under these warranty conditions does not affect the possibility of holding the VanDijck Mobility dealer liable on the basis of the general statutory provisions of the Civil Code (non-conformity).

Article 2. Warranty period

2.1 The warranty period(s) mentioned below commence on the date of purchase of the bicycle by the consumer. This is the date stated on the invoice.

2.2 During the warranty period, all parts that VanDijck Mobility has determined to have a material and/or construction defect will, at VanDijck Mobility's discretion, be repaired, replaced by new or reconditioned products. VanDijck Mobility becomes the owner of the replaced parts. Defective parts will not be reimbursed.

2.3 VanDijck Mobility provides a 3-year warranty on material and/or construction defects in the bicycle frame and fixed front fork.

2.4 VanDijck Mobility provides a 2-year warranty on the paintwork of the bicycle frame and front fork against corrosion from the inside.

2.5 Suspension forks are covered by a 2-year warranty against material and/or construction defects.

2.6 Other parts, if properly maintained, are covered by a 2-year warranty. These parts and maintenance methods are described in the user manual.

2.7 VanDijck Mobility provides a 2-year warranty on a Lithium-ion battery. Batteries that are tested as defective by VanDijck Mobility within the warranty period will be replaced free of charge.

Remark:

a. The capacity of the battery will decrease in proportion to the number of charge cycles and age. A decrease of up to 15% capacity reduction per year is not covered by the warranty. Lithium-ion batteries also lose capacity when not in use. See the maintenance schedule in your manual. Visit your VanDijck Mobility dealer in case of problems with your battery.

b. At the end of its life, you must return the battery to your VanDijck Mobility dealer. They will take care of the recycling procedure.

2.8 For replaced parts, no new warranty period starts. This follows the same starting period as mentioned in provision 1.1.

Article 3. Criteria for granting a guarantee

3.1 The warranty is only granted within the period(s) mentioned in Article 1, provided that the original purchase receipt (stating the purchase date, model name and serial number of the bicycle) and proof of payment are presented.

3.2 VanDijck Mobility may refuse the guarantee if the documents referred to in paragraph 1 are not shown, are incomplete, are illegible or if VanDijck Mobility otherwise has reason to refuse the requested guarantee.

3.3 The warranty is transferable on condition that the documents referred to in paragraph 1 are shown to VanDijck Mobility. In the event of transfer, the present warranty conditions apply in full and the term applies from the invoice of the original purchase, not the subsequent purchase(s).

Article 4. Warranty exclusions and limitations

4.1 Warranty is excluded in the following cases:

  • the safety regulations or operating instructions have not been observed;
  • there is normal wear and tear of parts, or incorrect mounting or incorrect adjustment of, among other things, spokes, tires, chain, chainrings, brakes, cables, freewheel, sprockets and/or derailleur, unless there is a material and/or construction error;
  • the bicycle has not demonstrably been regularly maintained (for example, parts such as brake/derailleur cables, brake pads, tires, chain and sprockets have not been replaced in time) and/or has been repaired by an authorized VanDijck Mobility dealer;
  • Incorrect adjustment/tension of handlebars, stem, saddle, seat post, derailleur set, brakes, wheel quick releases and spoke tension;
  • incorrect or insufficient lubrication of rotating parts or parts for which this is a given;
  • modifications have been made to the original condition, such as the use of parts and/or accessories not recognised by VanDijck Mobility;
  • the bicycle, parts and/or battery show damage from falling;
  • the bicycle has been used incorrectly and/or carelessly or has not been used in accordance with the bicycle's intended purpose, for example for rental, competitions and/or commercial activities, or for other purposes for which the bicycle is not intended or designed;
  • damage has been caused by failure to follow the user manual;
  • damage has been caused by transport on, among other things, bicycle carriers;
  • the bicycle continues to be used despite damage and/or defects already noted, and this use worsens the damage;

Article 5. Claiming warranty

5.1 Complaints and warranty requests will be handled by the VanDijck Mobility dealer. In the event of complaints or questions regarding the warranty, the VanDijck Mobility dealer is always the first point of contact, as the purchase agreement was concluded there. VanDijck Mobility will then make a final assessment of whether the warranty applies. The relevant part will be sent to VanDijck Mobility for assessment, together with the purchase invoice and proof of payment, by the relevant dealer, stating the complaint.

5.2 Any (dis)assembly costs may be charged to the end user by the VanDijck Mobility dealer/distributor.

5.3 Any costs for transport of the bicycle and/or parts from VanDijck Mobility dealer/distributor to VanDijck Mobility may be charged to the end user by the VanDijck Mobility dealer/distributor.

Article 6. Warranty and service area

6.1 The warranty area is limited to the countries where VanDijck Mobility has an affiliated dealer or distributor. This also applies to service and/or other after sales services. Any additional costs (transport, handling etc.) are for the account of the user.

6.2 The warranty does not cover transport costs or risks associated with the transport of the bicycle or part to and from VanDijck Mobility or the VanDijck Mobility dealer/distributor.

Article 7. Liability

7.1 With the exception of the other liability provisions, the total liability of VanDijck Mobility due to attributable failure to comply, or due to unlawful act, is limited to repair or replacement of the defective part. Compensation for direct damage is excluded, except in the case of intent or deliberate recklessness of the management of VanDijck Mobility.

7.2 If the limitation in paragraph 1 does not hold up in court, liability is limited to a maximum of the amount that has been or can be charged to the buyer under the relevant agreement.

7.3 VanDijck Mobility's liability for attributable failure to comply with an agreement shall in all cases only arise if VanDijck Mobility has been promptly and properly notified in writing of the default, whereby a reasonable period is set for remedying the default, and VanDijck Mobility continues to be in attributable failure to comply with its obligations even after that period. The notice of default must contain a description of the default that is as complete and detailed as possible, so that VanDijck Mobility is able to respond adequately.

7.4 VanDijck Mobility is indemnified against all claims by third parties relating to your failure to comply or insufficient compliance with any obligation towards VanDijck Mobility, whether or not arising from these terms and conditions.

7.5 Any liability for indirect damage, consequential damage, immaterial damage, damage as a result of liability towards third parties is expressly excluded. This applies regardless of whether this damage or loss is related to the defective or non-functioning of the bicycle or related parts due to defects or because the bicycle is not available while it is at VanDijck Mobility or a VanDijck Mobility dealer/distributor.

7.6 If applicable law prohibits or limits such exclusions of liability, VanDijck Mobility shall exclude or limit its liability only to the maximum extent permitted by applicable law. For example, in certain countries it is prohibited to exclude or limit damages resulting from negligence, gross negligence, wilful misconduct, fraud and similar acts. VanDijck Mobility's liability under this warranty shall in no event exceed the price paid for the product, but if applicable law only permits higher limitations of liability, the higher limitations shall apply.

Article 8: Amendments

8.1 VanDijck Mobility may change these warranty conditions from time to time. The current warranty conditions can be found at https://www.vandijck.bike.