Terms and Conditions

For the Dutch version click here

This is a translation from the original Dutch version to English. Dutch version is the leading document.

Terms and Conditions – Maats.cc

Table of Contents

Article 1 – Definitions
Article 2 – Identity of the Entrepreneur
Article 3 – Applicability
Article 4 – The Offer
Article 5 – The Agreement
Article 6 – Right of Withdrawal
Article 7 – Obligations of the Consumer During the Cooling-off Period
Article 8 – Exercise of the Right of Withdrawal by the Consumer and Costs Thereof
Article 9 – Obligations of the Entrepreneur in Case of Withdrawal
Article 10 – Exclusion of the Right of Withdrawal
Article 11 – The Price
Article 12 – Performance and Additional Guarantee
Article 13 – Delivery and Execution
Article 14 – Continuing Transactions: Duration, Termination and Renewal
Article 15 – Payment
Article 16 – Complaints Procedure
Article 17 – Disputes
Article 18 – Additional or Deviating Provisions
Article 19 – Refunds
Article 20 – Import Duties and Taxes for Deliveries Outside the EU

Article 1 – Definitions

In these Terms and Conditions, the following definitions apply:

Additional Agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract, and these goods, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an arrangement between that third party and the entrepreneur.
Cooling-off Period: the period within which the consumer may exercise the right of withdrawal.
Consumer: the natural person who is not acting for purposes related to his or her trade, business, craft or profession.
Day: calendar day.
Digital Content: data produced and supplied in digital form.
Continuing Agreement: an agreement that provides for the regular supply of goods, services and/or digital content over a certain period of time.
Durable Data Carrier: any tool – including email – that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation or use for a period adequate to the purpose of the information, and which allows unchanged reproduction of the stored information.
Right of Withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period.
Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance.
Distance Contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and/or services, whereby up to and including the conclusion of the contract exclusive or partial use is made of one or more means of distance communication.
Model Withdrawal Form: the European model withdrawal form included in Annex I of these Terms and Conditions. Annex I need not be provided if the consumer has no right of withdrawal in respect of his order.
Means of Distance Communication: a method that can be used for concluding a contract without the consumer and entrepreneur having to be in the same place at the same time.

Article 2 – Identity of the Entrepreneur

Maatscc BV, also known as Maats Cycling Culture, Maats.cc, or Maats.

Address: Van Woustraat 165h, 1074AK Amsterdam, The Netherlands
Email: hello [at] maats.cc
Chamber of Commerce (KvK) number: 93446063
VAT identification number: NL866403966B01

Article 3 – Applicability

These Terms and Conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these Terms and Conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will, before the distance contract is concluded, indicate how the Terms and Conditions can be inspected at the entrepreneur’s premises and that they will be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these Terms and Conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, the entrepreneur will, before the distance contract is concluded, indicate where the Terms and Conditions can be accessed electronically and that they will be sent electronically or otherwise free of charge at the consumer’s request.
In the event that specific product or service conditions apply in addition to these Terms and Conditions, the second and third paragraphs shall apply accordingly, and in the event of conflicting conditions, the consumer may always rely on the provision that is most favorable to them.

Article 4 – The Offer

If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 – The Agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set therein.
If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures.
The entrepreneur may, within legal frameworks, ascertain whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly concluding the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
The entrepreneur shall, at the latest upon delivery of the product, service or digital content to the consumer, provide the following information in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:

the visiting address of the entrepreneur’s business establishment where the consumer can lodge complaints;
the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
information about warranties and existing after-sales service;
the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration;
if the consumer has a right of withdrawal, the model withdrawal form.

In the case of a continuing transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 – Right of Withdrawal

For products:

The consumer may dissolve a contract relating to the purchase of a product during a cooling-off period of at least 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige the consumer to state such reason(s).
The cooling-off period referred to in paragraph 1 commences on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or:

if the consumer has ordered multiple products in a single order: the day on which the consumer, or a third party designated by them, has received the last product. Provided the entrepreneur has clearly informed the consumer of this prior to the ordering process, the entrepreneur may refuse an order of multiple products with different delivery times;
if the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by them, has received the last shipment or the last part;
in the case of contracts for regular delivery of products over a certain period: the day on which the consumer, or a third party designated by them, has received the first product.

For services and digital content not supplied on a tangible medium:
3. The consumer may dissolve a service contract and a contract for the supply of digital content not supplied on a tangible medium during a period of at least 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige the consumer to state such reason(s).
4. The cooling-off period referred to in paragraph 3 commences on the day following the conclusion of the contract.

Extended cooling-off period for products, services and digital content not supplied on a tangible medium in case of failure to inform about the right of withdrawal:
5. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period shall expire twelve months after the end of the original cooling-off period established in accordance with the previous paragraphs of this Article.
6. If the entrepreneur provides the information referred to in the previous paragraph to the consumer within twelve months after the commencement date of the original cooling-off period, the cooling-off period shall expire 14 days after the day on which the consumer has received that information.

Article 7 – Obligations of the Consumer During the Cooling-off Period

During the cooling-off period, the consumer shall handle the product and its packaging with care. The consumer shall only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The guiding principle is that the consumer may only handle and inspect the product as they would be allowed to do in a shop.
The consumer is liable only for any diminished value of the product resulting from handling the product in a way that goes beyond what is permitted in paragraph 1.
The consumer is not liable for any diminished value of the product if the entrepreneur has failed to provide the consumer with all legally required information about the right of withdrawal before or at the conclusion of the contract.

Article 8 – Exercise of the Right of Withdrawal by the Consumer and Costs Thereof

If the consumer exercises the right of withdrawal, they shall notify the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unequivocal manner.
As soon as possible, but no later than 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) the entrepreneur. This is not required if the entrepreneur has offered to collect the product themselves. The consumer has observed the return period if they return the product before the cooling-off period has expired.
The consumer shall return the product with all delivered accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
The consumer shall bear the direct costs of returning the product. If the entrepreneur has not informed the consumer that they must bear these costs, or if the entrepreneur indicates that they will bear the costs themselves, the consumer shall not bear the costs of return.
If the consumer withdraws after having expressly requested that the performance of the service or the supply of gas, water or electricity not made ready for sale in a limited volume or quantity commence during the cooling-off period, the consumer shall owe the entrepreneur an amount proportionate to that part of the obligation that has been performed by the entrepreneur at the time of withdrawal, compared to the full performance of the obligation.
The consumer shall not bear any costs for the performance of services or the supply of water, gas or electricity not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:

the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs in case of withdrawal, or the model withdrawal form; or
the consumer has not expressly requested the commencement of the performance of the service or supply of gas, water, electricity or district heating during the cooling-off period.

The consumer shall not bear any costs for the full or partial supply of digital content not supplied on a tangible medium, if:

prior to delivery, they have not expressly consented to the commencement of performance of the contract before the end of the cooling-off period;
they have not acknowledged losing their right of withdrawal upon granting consent; or
the entrepreneur has failed to confirm this statement from the consumer.

If the consumer exercises the right of withdrawal, all additional agreements shall be dissolved by operation of law.

Article 9 – Obligations of the Entrepreneur in Case of Withdrawal

If the entrepreneur enables the consumer to notify withdrawal electronically, the entrepreneur shall, upon receipt of such notification, immediately send an acknowledgement of receipt.
The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product if the consumer’s delivery address is located in the Netherlands, without undue delay and in any event within 14 days following the day on which the consumer notifies the entrepreneur of the withdrawal. Unless the entrepreneur offers to collect the product themselves, the entrepreneur may withhold reimbursement until they have received the product or until the consumer has supplied evidence of having sent back the product, whichever occurs first.
The entrepreneur shall use the same means of payment for reimbursement as the consumer used for the initial transaction, unless the consumer expressly agrees otherwise. The reimbursement shall be free of charge for the consumer.
If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur is not obliged to reimburse the additional costs for the more expensive method.

Article 10 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the contract:

Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;
Contracts concluded during a public auction. A public auction means a method of sale whereby products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or has the opportunity to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
Service contracts, after full performance of the service, but only if:

performance has begun with the consumer’s prior express consent; and
the consumer has acknowledged that they lose their right of withdrawal once the entrepreneur has fully performed the contract;

Package travel as referred to in Article 7:500 of the Dutch Civil Code and contracts for passenger transport;
Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, goods transport, car rental services and catering;
Contracts relating to leisure activities, if the contract provides for a specific date or period of performance;
Products made to the consumer’s specifications, which are not prefabricated and are made on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;
Products that spoil quickly or have a limited shelf life;
Sealed products which are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
Products which, after delivery, are by their nature inseparably mixed with other products;
Alcoholic beverages, the price of which was agreed upon at the time of conclusion of the contract, but which can only be delivered after 30 days, and whose actual value depends on fluctuations in the market over which the entrepreneur has no influence;
Sealed audio or video recordings and computer software, the seal of which has been broken after delivery;
Newspapers, periodicals or magazines, with the exception of subscriptions to these;
The supply of digital content other than on a tangible medium, but only if:

performance has begun with the consumer’s prior express consent; and
the consumer has acknowledged that they thereby lose their right of withdrawal.

Article 11 – The Price

During the validity period stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes due to changes in VAT rates.
In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This link to fluctuations and the fact that any prices stated are target prices shall be stated in the offer.
Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:

they are the result of statutory regulations or provisions; or
the consumer has the right to terminate the contract with effect from the day on which the price increase takes effect.

The prices stated in the offer of products or services include VAT.

Article 12 – Performance of the Agreement and Additional Guarantee

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date of the conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
An additional guarantee provided by the entrepreneur, their supplier, manufacturer or importer shall never limit the legal rights and claims that the consumer may assert against the entrepreneur under the contract if the entrepreneur has failed to fulfil their part of the contract.
Additional guarantee means any commitment by the entrepreneur, their supplier, importer or producer in which they grant the consumer certain rights or claims that go beyond what they are legally obliged to do in case they have failed to fulfil their part of the contract.

Article 13 – Delivery and Execution

The entrepreneur shall exercise the greatest possible care when receiving and executing product orders and when assessing requests for the provision of services.
The place of delivery is the address that the consumer has made known to the entrepreneur.
With due observance of what is stated in Article 4 of these Terms and Conditions, the entrepreneur shall execute accepted orders with due speed but at the latest within 30 days, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot or can only partially be executed, the consumer shall be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract free of charge and is entitled to any compensation.
After dissolution in accordance with the previous paragraph, the entrepreneur shall refund the amount paid by the consumer without undue delay.
The risk of damage to and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 14 – Continuing Transactions: Duration, Termination and Renewal

Termination:

The consumer may terminate a contract concluded for an indefinite period and which provides for the regular supply of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate a contract concluded for a fixed period and which provides for the regular supply of products (including electricity) or services at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the contracts referred to in the previous paragraphs:

at any time and not be restricted to termination at a specific time or during a specific period;
at least in the same manner as they were entered into by the consumer;
always with the same notice period as the entrepreneur has stipulated for themselves.

Renewal:
4. A fixed-term contract which provides for the regular supply of products (including electricity) or services may not be tacitly renewed or extended for a fixed term.
5. By way of derogation from the previous paragraph, a fixed-term contract which provides for the regular supply of daily, news and weekly newspapers and magazines may be tacitly renewed for a fixed term of no more than three months, if the consumer may terminate this extended contract at the end of the extension with a notice period of no more than one month.
6. A fixed-term contract which provides for the regular supply of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month. The notice period shall be no more than three months in the case of a contract providing for the regular, but less than monthly, supply of daily, news and weekly newspapers and magazines.
7. A fixed-term contract for the regular supply of daily, news and weekly newspapers and magazines by way of introduction (trial or introductory subscription) shall not be tacitly continued and shall end automatically at the end of the trial or introductory period.

Duration:
8. If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 15 – Payment

Unless otherwise provided in the contract or additional conditions, amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or, in the absence of a cooling-off period, within 14 days after the conclusion of the contract. In the case of a service contract, this period commences on the day after the consumer has received confirmation of the contract.
In the sale of products to consumers, the consumer may never be obliged in the general terms and conditions to make an advance payment of more than 50%. Where advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) until the stipulated advance payment has been made.
The consumer has the duty to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
If the consumer does not fulfil their payment obligation(s) on time, they shall, after being notified by the entrepreneur of the late payment and after the entrepreneur has granted the consumer a period of 14 days to still fulfil their payment obligations, owe statutory interest on the outstanding amount after the expiry of this 14-day period, and the entrepreneur is entitled to charge the extrajudicial collection costs incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the next €2,500; and 5% on the following €5,000, with a minimum of €40. The entrepreneur may deviate from these amounts and percentages in favour of the consumer.

Article 16 – Complaints Procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure.
Complaints about the performance of the contract must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has discovered the defects.
Complaints submitted to the entrepreneur shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur shall reply within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.
The consumer must give the entrepreneur at least 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to the dispute settlement procedure.

Article 17 – Disputes

Contracts between the entrepreneur and the consumer to which these Terms and Conditions apply are governed exclusively by Dutch law.

Article 18 – Additional or Deviating Provisions

Additional provisions or provisions deviating from these Terms and Conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

These Terms and Conditions have been drafted in both Dutch and English. In the event of any discrepancies or inconsistencies between the English translation and the original Dutch version, the Dutch version shall prevail.

Article 19 – Refunds

From time to time, we apply discounts on specific items as part of a sale or promotion. Subject to the conditions below, Maats will gladly compensate the price difference between the amount paid and the discounted price, in the form of a Gift Card, if the item was purchased at full price within 14 days prior to the start of the specific discount. Please note that we cannot offer a refund or voucher if the same item (including colour/size) is not in stock at the specific warehouse, as shown on Maats.cc at the time of the request, or if the item was originally purchased at a reduced sale price, or if we have already applied a price match on the order. Reductions in product prices within the promotional period cannot be compensated.
Refunds and/or compensation refunds are not possible with promotional discounts for first orders.

Article 20 – Import Duties and Taxes for Deliveries Outside the EU

For orders delivered outside the European Union (EU), the customer is responsible for paying all applicable import duties, taxes, levies and/or other charges imposed by local customs or tax authorities.
Maats Cycling Culture is not responsible for calculating, collecting or remitting these charges. These costs are entirely the responsibility of the customer and must be paid directly to the relevant authorities or their designated carrier.
Due to frequently changing regulations, Maats Cycling Culture cannot provide binding information regarding the exact amount of import duties or taxes applicable to a specific order.
If the customer refuses to pay the applicable import duties or taxes, or informs Maats Cycling Culture in advance that they will not pay them, Maats Cycling Culture reserves the right to cancel the order. In such cases, the purchase amount will be refunded, less any costs incurred by Maats Cycling Culture.
If the customer accepts the order and pays the applicable import duties and taxes, the order is considered final. Returns or exchanges of products delivered outside the EU are not possible, as additional import duties and taxes would be levied upon return.