General terms and conditions

Article 1: Definitions
In these general terms and conditions, the following terms are used in the following meaning, unless expressly stated otherwise or the context indicates otherwise:

1.1 iMove B.V.: the user of these general terms and conditions: iMove B.V. located at Darwinstraat 9-H in Ede, registered with the Chamber of Commerce under Chamber of Commerce number 71247572
E-mail address: info@imove.nl, VAT number: NL858635987B01.
1.2 Agreement: the purchase agreement between the customer and iMove B.V.
1.3 Customer: the natural person or legal entity that has entered into an agreement with iMove B.V. enters into an agreement;
1.4 consumer: the natural person who acts for purposes that fall outside his business or professional activities.
1.5 Bicycle: the electric bicycle supplied by iMove B.V.
1.6 Experience center: the physical sales area of ??iMove B.V. where the customer can place an order.
1.7 Customization: the products manufactured by iMove B.V. are custom-made and are manufactured based on customer specifications, which are not prefabricated and which are made based on individual choices and/or decisions of the customer.
1.8 Reflection period: the period within which the customer can revoke the purchase outside the sales area, which period starts on the day on which the purchased item is received by the customer.

Article 2. General / Applicability

2.1 These terms and conditions form part of all agreements between iMove B.V. and the customer.
2.2 These general terms and conditions apply to every offer from iMove B.V. and to every agreement concluded between iMove B.V. and the customer.
2.3 Deviations from these general terms and conditions are only valid if they have been confirmed in writing by iMove B.V.
2.4 By agreeing to these general terms and conditions, the customer agrees to communication with the customer via e-mail.
2.5 If one or more of the provisions in these general terms and conditions are null and void or are annulled, the other provisions of these general terms and conditions remain fully applicable. The void or annulled provisions will be retained by iMove B.V. be replaced, whereby the purpose and scope of the original provision(s) are taken into account as much as possible.
2.6 iMove B.V. has the right to change these general terms and conditions. The version of the general terms and conditions that applied at the time the agreement was concluded always applies.
2.7 Changes to these conditions will only be effective after they have been published in an appropriate manner.
2.8 Products on images and video shown on the website, webshop, email or another channel may differ from reality.

Article 3. Agreement

3.1 The agreement is concluded:
1. after the customer has signed the digital agreement. iMove B.V. will provide the customer with a copy of the agreement by e-mail;
2. after the customer has signed a paper purchase order. The customer will receive a copy of the signed purchase order; 
3. after the customer has placed the order via the webshop.

Article 4. Use of the bicycle

4.1 The bicycle is built to be used on a public and paved road.
4.2 After a defect has been discovered in the bicycle, the bicycle may no longer be used, unless there is such a minor defect that using the bicycle does not entail any risk of danger or accidents or that further use of the bicycle does not entail or could entail any consequential damage or additional damage to the bicycle.

Article 5. Complaints

5.1 Complaints must be submitted exclusively in writing to iMove B.V. in Ede or by email to info@imove.nl. iMove B.V. aims to provide an initial substantive response within 14 days.
5.2 If a complaint requires a foreseeable longer processing time, iMove B.V. will respond within 14 days with a confirmation of receipt and an indication of when the customer can expect a more detailed response.

Article 6. Payment

6.1 Invoicing will take place in advance or, if this has been expressly agreed by the parties, in installments.
6.2 If the payment term is exceeded, the customer will owe statutory commercial interest from the date on which the amount due became due until the time of payment, in accordance with Article 6:119a of the Dutch Civil Code. If the customer is a consumer, the customer will owe statutory interest in accordance with Article 6:119 of the Dutch Civil Code from the moment the customer is in default. In addition, all collection costs, after the customer is in default, both judicial and extrajudicial, will be borne by the customer. If the customer is a company, the extrajudicial collection costs are set at 15% of the principal sum with a minimum of € 100. In the case of the customer being a customer, the extrajudicial collection costs are determined in accordance with the Debt Collection Costs Act.
6.3 Every payment by the customer first serves to settle the interest(s) due and then to settle the costs incurred for the collection. Only after these amounts have been settled does any payment by the customer serve to settle the outstanding principal sum.

Article 7. Delivery

7.1 The delivery week is understood to mean the delivery week stated in the agreement. This delivery week is deemed to have been agreed approximately.
7.2 The risk of the bicycle is transferred to the customer at the moment the bicycle has left the iMove warehouse.

Article 8. Right of withdrawal

8.1 If the agreement has been concluded outside the sales area, the customer, being a consumer, has the right to cancel the agreement within 14 days without giving reasons. This period starts from the moment the customer has received the order from iMove B.V.
8.2 During the withdrawal period, the customer will handle the bicycle with care. Before the agreement was concluded, the customer took a test ride on a demo bicycle, which is the same as the bicycle that was delivered to the customer. If the customer wishes to invoke his right of withdrawal, he is not permitted to have cycled on public roads with the bicycle. Furthermore, the number of kilometers ridden on the bicycle does not exceed 5 km.
8.3 If the customer wishes to exercise his right of withdrawal, the customer must expressly inform iMove B.V. of this in writing within 14 days of receipt of the order. to make known.
8.4 If the customer informs iMove B.V. electronically that he is invoking his right of withdrawal, iMove B.V. will send the customer a confirmation of receipt after receiving this notification.
8.5 After the customer has invoked his right of withdrawal, the customer must return the bicycle to iMove B.V. within 14 days, provided it is unused, undamaged and unchanged and in the original packaging.
8.6 If the customer terminates the agreement in accordance with this article, the shipping costs in connection with the delivery and return of the bicycle will be borne by the customer and amount to € 45,- per bicycle, per trip if iMove B.V. must collect it (or have it collected) with the associated processing/administration costs á €64,- per bicycle.
8.7 The risk of the return shipment lies with the customer.
8.8 If the customer exercises his right of withdrawal and it appears:
a. from the odometer reading of the bicycle that the customer has used the bicycle in violation of article 8.2;
b. that the bicycle is damaged;
c. that the bicycle is incomplete, this damage will be deducted from the amount that iMove B.V. will refund.
8.9If Article 8.8 applies, iMove B.V. can only sell the returned bicycle as a second-hand bicycle and the damage suffered by iMove B.V. will be calculated as follows: The price charged to the customer for the bicycle minus the second-hand sales price of the bicycle to be determined by iMove B.V. with associated processing/administration costs á €30.00 per bicycle.
8.10 In the event of a dissolution as described in this article, iMove B.V. will refund any amounts already paid within 14 days after iMove B.V. has received the bicycle.
8.11 The right of withdrawal as described in this article expressly does not apply to the customer being a company. The right of withdrawal as described in this article expressly does not apply to agreements that have been concluded in the sales area.
8.12 When purchasing products or services within the sales area, the customer has the right to cancel the purchase free of charge, stating reasons, if he makes this known within the reasonable period of 48 hours after the purchase date. If the customer makes the cancellation known after the reasonable period of 48 hours, the customer owes iMove B.V. compensation. This is based on the costs incurred by iMove B.V. If the customer has not yet agreed on a definitive date for the delivery of the product ordered by him or the performance of the service, compensation of 10% of the total purchase price will be owed. If the customer has agreed on a definitive date for the delivery of the product ordered by him or the performance of the service, compensation of 30% of the total purchase price will be owed. If the customer indicates on the day of delivery of the product or service ordered by him that he wishes to terminate the agreement, he is liable to pay 50% compensation to iMove B.V..
8.13 If the product is custom-made, the customer does not have the right to terminate. By custom-made, iMove B.V. means a product that is manufactured according to the customer's specifications, is not prefabricated and is manufactured on the basis of an individual choice or decision by the customer, or that is clearly intended for a specific person. iMove B.V. has pointed this out to the customer by stating this in writing on the invoice.

Article 9. Conformity, Inspection, Warranty

9.1 iMove B.V. guarantees that the delivered bicycle complies with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations in force on the date the agreement was concluded.
9.2 The customer is obliged to immediately examine (or have examined) upon receipt whether the delivered bicycle complies with the agreement and, if requested, to sign a declaration regarding the condition in which the bicycle was received. Defects, problems, or if the order was not delivered in full must be reported within 7 days of receipt. After 7 days, iMove is entitled to charge costs for this.
9.3 Defects in the bicycle that can demonstrably be traced back to a material and/or production error will be repaired free of charge by iMove B.V. if the defects are reported to iMove B.V. in a timely manner after they have been discovered.
9.4 Unless expressly agreed otherwise in writing, the following guarantees apply to new bicycles delivered from 2024: 60 months on the frame, 60 months on the front fork, 24 months on the drive system, 24 months on the battery pack (provided that the storage, use and charging instructions are met), 24 months on the control unit and 24 months on all other parts except those subject to wear and tear. E-bikes ordered before January 1, 2024 are 18 months.
9.5 Parts subject to wear and tear include: tires, saddle, chain, chainrings, sprockets, cables, lighting, pedals, brake discs and brake pads.
9.6 The following warranty applies to the 36 volt battery with 378 watt hours (10.5Ah) and 504 watt hours (14.0Ah) capacity:
a. 0-3 months and up to 50 charging cycles (number of times charging the battery with 100% capacity) if the condition is less than 90%: replace with new battery;
b. 3 to 9 months and up to 100 charging cycles if the condition is less than 80%: free repair to 80% capacity;
c. 9 to 12 months and up to 250 charging cycles and if the condition is less than 65%: free repair to 65% capacity.
d. 12 to 15 months and up to 375 charging cycles and if the condition is less than 50%: free repair to 50% capacity.
e. 15 to 24 months and up to 500 charging cycles and if the condition is less than 40%: free repair to 40% capacity.
9.7 The decision as to whether a specific part of the bicycle is covered by the warranty lies with iMove B.V.
9.8 If the warranty claim is accepted by iMove B.V., a part will be replaced or repaired in the service center in Ede or by a service partner of iMove B.V. Parts subject to wear and tear will be charged to the customer.
9.9 The replaced part must always be returned to iMove B.V. immediately, otherwise the part will be charged for the amount specified in advance, return costs are for the customer's account. 
9.10 The guarantees as described in article 9.4 and 9.6 are personal, non-transferable and expire upon transfer of ownership of the bicycle.
9.11 The guarantee claim will not be accepted by iMove B.V. if defects to the bicycle are caused by:
a. normal wear and tear;
b. the customer's failure to (sufficiently) ensure proper and regular maintenance in accordance with the applicable regulations, a copy of which was given to the customer upon delivery;
c. sharp objects, pets, accidents or slipping;
d. of external circumstances such as: natural disasters, explosions, terrorism, cleaning agents, water, dirt accumulation, landslides, floods, weather conditions, road conditions, road salt and stone chips;
e. use of the bicycle in conflict with the purpose for which the bicycle was built, with the instructions for use or with the user manual and the technical specifications;
f. repairs or interventions carried out by persons who have not been designated in writing by iMove B.V. for this purpose.
9.12 The customer must bring the bicycle to our workshop for all repairs.
9.13 The warranty does not cover the reimbursement of costs for replacement transport, travel expenses or the costs of moving the bicycle to the workshop where the repairs are carried out and for sending parts. iMove B.V. may charge costs for this. The costs for the pick-up and delivery service (within the Netherlands and Belgium) of your e-bike are: € 45,- including VAT per trip. (for the Wadden Islands a rate of € 70,- including VAT per trip applies)
9.14 Carrying out repairs does not extend the warranty period.
9.15 A claim under the warranty must be made in writing, by e-mail, against presentation of the proof of purchase, if possible of photos of the defect and of the other requested information.
9.16 If a service is called for maintenance/repair that does not fall under the warranty conditions as described above, the costs thereof will be charged to the customer. The customer is advised to take good note of the user manual to avoid unnecessary costs. Any assignment to a third party, other than warranty work approved by iMove B.V., is expressly outside the responsibility of iMove B.V..
Warranty and on-site service are only valid in the Netherlands. If a service is called for that does not fall under the warranty conditions as described in the previous paragraphs, the costs thereof will be charged to the customer at an hourly rate of € 64,- per hour, plus the material costs and call-out costs of € 64,- per trip, with a starting rate of € 15,-.
9.17 The customer is obliged to limit damage to the bicycle and, if necessary, has the burden of proof.
9.18 A warranty provided does not affect the statutory rights and claims that the customer, being a customer, can assert against iMove B.V. on the basis of the agreement.

Article 10. Maintenance, warranty and warranty conditions

10.1 At a mileage between 500 - 800 km, an initial service must be carried out with a price of € 49,-.
At every > 3000 km, a subsequent service must be carried out with a price of € 79,-.
10.2 The warranty will lapse if no service or maintenance is carried out by iMove or a bicycle dealer recognised by iMove in your region.
Exceptions
10.3Damage caused by negligent maintenance or services carried out by non-authorised parties is not covered by the warranty.
Make sure that you have the services carried out on time to continue to be entitled to the warranty conditions of your bicycle.

Guarantee Warranty

To enjoy your iMove e-bike for a long time, follow these instructions carefully:

• Always close the charging port cover properly
• Remove the battery from the bike in heavy rain for a long time and place the supplied protective cap over the battery terminals
• Protect the control button during transport in heavy rain
• Check and dry the battery terminals before use
• Prevent high costs due to moisture problems, as these are not covered by the warranty

If the bike does not work and we replace the control button or the controls, for example, the problem may have been solved at that time, but not the cause. The cause may have been moisture in the battery. Consequential damage may then be that the battery may fail later, while the bike has been in for repair.
By following these measures, your e-bike will continue to function optimally, regardless of the weather conditions!

Article 11. Liability and limitation

11.1 For the customer being a consumer, only the liability limitations included in these general terms and conditions apply to the extent that they are legally permitted. iMove B.V. cannot be held liable for any damage that is a direct or indirect consequence of:
a. an event that is in fact beyond its control and therefore cannot be attributed to its actions and/or omissions, as described in article 11 of these general terms and conditions;
b. any act or omission of the customer.
11.2 If the customer or a third party makes changes to the bicycle supplied by iMove B.V., iMove B.V. excludes any liability with regard to the functioning and any (consequential) damage.
11.3 iMove B.V. is not liable for any accidents with or damage to the bicycle, due to incorrect or unskilled use, use contrary to the user manual or use contrary to the purpose for which the bicycle was built.
11.4 Participating in traffic always involves risks. iMove B.V. is in no way responsible for dangerous situations, accidents or collisions with the bicycle. iMove B.V. iMove B.V. is not liable for damage, such as bodily injury, death, material damage or damage to third parties, resulting from the use of the bicycle, unless iMove B.V. is liable on the grounds of product liability. The customer is at all times responsible for ensuring that he and/or a third party handle the bicycle with care. The use of the bicycle is entirely at the customer's risk.
11.5 iMove B.V. can never be held liable for damage that has arisen because the customer has not properly maintained the delivered bicycle or has neglected it.
11.6 iMove B.V. is never liable for consequential damage.
11.7 Rights of action and other powers of the customer on whatever grounds against iMove B.V. will in any case expire after the expiry of 1 year from the moment at which a fact occurs that gives the customer these rights and/or powers against iMove B.V. can apply, provided that for the customer being a consumer, a limitation period of 2 years applies.

Article 12. Force Majeure

12.1 iMove B.V. is not obliged to fulfil any obligation if it is prevented from doing so as a result of force majeure. Force majeure is understood to mean in any case: weather conditions; floods; landslides; terrorism; obstructions by third parties, including those of governments; obstructions in transport; strikes; epidemics; pandemics; riots, wars or threats of war; loss of or damage to goods during transport thereof; failure or untimely delivery of goods to iMove B.V. by its suppliers; export and import bans; theft; power failure; internet failure; disruption of email traffic; fires, disruptions and accidents in the company of iMove B.V. or its supplier; the burning of means of transport of iMove B.V., its supplier or of the goods supplied by iMove B.V. engaged transport company, the occurrence of malfunctions thereof, the involvement in accidents thereof; government measures.
12.2 In the event of force majeure, iMove B.V. is not obliged to compensate the customer for any damage incurred as a result, except and to the extent that iMove B.V. has had an advantage as a result of the force majeure situation that it would not have had if it had complied correctly.

Article 13. Retention of title

12.1 The bicycle delivered and yet to be delivered remains the exclusive property of iMove B.V. until all claims that iMove B.V. has or will have on the customer have been paid in full. As long as the ownership of the bicycle has not been transferred to the customer, the customer may not:
a. pledge the bicycle;
b. grant any other right to it to third parties;
c. resell outside its normal business operations.
13.2 The customer undertakes to cooperate at the first request of iMove B.V. in establishing a lien on the claims that the customer obtains and will obtain on the basis of the resale of the bicycles to its customers.
13.3 The customer is obliged to store the bicycle that has been delivered under retention of title with due care and as recognisable property of iMove B.V. The customer must always do everything that may reasonably be expected of him to safeguard the ownership rights of iMove B.V.
13.4 If the customer does not or does not fully fulfil his obligations towards iMove B.V. and in the event of termination of the agreement, for whatever reason, then iMove B.V. iMove B.V. is entitled to take back the bicycle to which the retention of title applies without prior notice of default or judicial intervention, without prejudice to the right of iMove B.V. to full compensation.
13.5 If iMove B.V. wishes to exercise its right as described in this article, the customer is obliged to grant iMove B.V. access to the location where the iMove B.V. bicycle is located.
13.6 In the event of seizure, suspension of payment or bankruptcy, the customer will immediately inform the seizing bailiff, the administrator or the trustee of the ownership rights of iMove B.V..
13.7 The provisions mentioned in this article do not affect the other rights to which iMove B.V. is entitled.

Article 14. Personal data

14.1 iMove B.V. processes personal data in accordance with the General Data Protection Regulation (GDPR).

Article 15. Applicable law

15.1 All rights, obligations, offers and agreements to which these general terms and conditions apply are exclusively governed by Dutch law.
15.2 All disputes between the customer and iMove B.V. will be submitted to the competent court in the district where iMove B.V. is established.