Terms and Conditions

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

General Terms and Conditions Maats Cycling Culture

Table of Contents

  • Article 1 - Definitions

  • Article 2 - Identity of the Trader

  • 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 Trader in Case of Withdrawal

     

  • Article 10 - Exclusion of the Right of Withdrawal

     

  • Article 11 - The Price

     

  • Article 12 - Compliance and Extended Warranty

     

  • Article 13 - Delivery and Execution

  • Article 14 - Term Transactions: Duration, Termination, and Extension

  • Article 15 - Payment

  • Article 16 - Complaints Procedure

  • Article 17 - Disputes

  • Article 18 - Additional or Deviating Provisions

  • Article 19 - Refunds and Price Adjustments

  • Article 20 - Customs Duties and Taxes for Deliveries Outside the EU VAT Territory

  • Annex I - Model Withdrawal Form

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

  • Supplementary 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 delivered by the trader or by a third party based on an arrangement between that third party and the trader;

  • Cooling-off period: the period within which the consumer can make use of their right of withdrawal;

     

  • Consumer: the natural person who is not acting for purposes related to their trade, business, craft, or professional activity;

     

  • Day: calendar day;

     

  • Digital content: data produced and delivered in digital form;

     

  • Duration contract: an agreement that extends to the regular delivery of goods, services, and/or digital content during a specific period;

     

  • Durable medium: any instrument—including email—which enables the consumer or trader to store information addressed personally to them in a way accessible for future reference for a period of time adequate for the purposes of the information, and which allows the unchanged reproduction of the stored information;

  • Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;

  • Trader: the natural or legal person who offers products, (access to) digital content, and/or services to consumers at a distance;

  • Distance contract: an agreement concluded between the trader and the consumer within the framework of an organized system for distance sale of products, digital content, and/or services, whereby up to and including the conclusion of the agreement, exclusive or partial use is made of one or more techniques for distance communication;

     

  • Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions;

     

  • Technique for distance communication: means that can be used for concluding an agreement without the consumer and trader having to be together in the same room at the same time.

Article 2 - Identity of the Trader

  • Statutory name: Maatscc BV (operating physically and online under the name Maats, Maats.cc, or Maats Cycling Culture)

  • Registered Office / Headquarters: Van Woustraat 165h, 1074AK Amsterdam, The Netherlands

  • Other store locations: Also accessible via the physical flagship stores in Utrecht and Rotterdam.

  • Email address: hello@maats.cc

  • Chamber of Commerce (KvK) number: 93446063

  • VAT identification number: NL866403966B01

Article 3 - Applicability

  1. These general terms and conditions apply to every offer made by the trader and to every distance contract concluded between the trader and the consumer.

     

  2. Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the trader shall, before the distance contract is concluded, indicate how the general terms and conditions can be inspected at the trader's premises and that they will be sent free of charge to the consumer as soon as possible upon request.

     

  3. If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer by electronic means in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be inspected electronically and that they will be sent free of charge by electronic means or otherwise at the request of the consumer.

     

  4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and the consumer may always rely on the applicable provision that is most favorable to them in the event of conflicting conditions.

Article 4 - The Offer

  1. If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.

     

  2. The offer contains a complete and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the trader uses images, these are a true representation of the products offered. Obvious mistakes or manifest errors in the offer do not bind the trader.

     

  3. 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

  1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and complies with the conditions set out therein.

     

  2. If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the agreement.

  3. If the agreement is concluded electronically, the trader shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the trader shall observe appropriate security measures.

  4. The trader may—within statutory frameworks—investigate whether the consumer can meet their payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If the trader, based on this investigation, has sound reasons not to enter into the agreement, they are entitled to refuse an order or request, or to attach special conditions to the execution thereof, while providing motivation.

  5. The trader shall send the following information to the consumer at the latest upon delivery of the product, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

    • The visiting address of the trader's establishment where the consumer can lodge complaints;

       

    • The conditions under which and the manner in which the consumer can make use of 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, where applicable the costs of delivery, and the method of payment, delivery, or execution of the distance contract;

    • If the consumer has a right of withdrawal, the model withdrawal form.

Article 6 - Right of Withdrawal

  1. For products: The consumer can dissolve an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The trader may ask the consumer for the reason for withdrawal, but cannot oblige them to state their reason(s).

     

  2. The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance who is not the carrier, has received the product, or:

     

    • If the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by them, received the last product.

       

    • If the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by them, received the last shipment or part;

    • In case of agreements for regular delivery of products during a specific period: the day on which the consumer, or a third party designated by them, received the first product.

  3. For services and digital content not supplied on a tangible medium: The consumer can dissolve a service agreement and an agreement for the supply of digital content not delivered on a tangible medium for at least 14 days without giving reasons. The cooling-off period starts on the day following the conclusion of the agreement.

  4. Extended cooling-off period for failure to inform: If the trader has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period. If the trader provides this information within those twelve months, the cooling-off period expires 14 days after the day the consumer received that information.

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

  1. During the cooling-off period, the consumer shall handle the product and its packaging with care. They shall only unpack or use the product to the extent necessary to establish the nature, characteristics, and functioning of the product. The guiding principle here is that the consumer may only handle and inspect the product as they would be allowed to do in a physical shop.

  2. The consumer is only liable for any diminished value of the product resulting from handling the product beyond what is permitted in paragraph 1.

  3. The consumer is not liable for any diminished value of the product if the trader has not provided them with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

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

  1. If the consumer exercises their right of withdrawal, they shall report this to the trader within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.

  2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall send the product back or hand it over to (an authorized representative of) the trader. The consumer has complied with the return period in any case if they return the product before the cooling-off period has expired.

  3. The consumer shall return the product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the trader.

  4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.

  5. The consumer shall bear the direct costs of returning the product, unless the trader indicates that they will bear the costs themselves.

Article 9 - Obligations of the Trader in Case of Withdrawal

  1. If the trader enables the notification of withdrawal by the consumer electronically, they shall send an acknowledgment of receipt immediately upon receiving this notification.

  2. The trader shall reimburse all payments received from the consumer, including any delivery costs charged by the trader for the returned product, without delay and in any case within 14 days from the day on which the consumer notifies them of the withdrawal. If the consumer retains part of the order and returns another part, the initial delivery costs will not be refunded. Unless the trader offers to collect the product themselves, they may withhold the reimbursement until they have received the product back or until the consumer has supplied evidence of having sent back the product, whichever is the earliest.

  3. The trader shall use the same means of payment that the consumer used for the initial transaction, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.

     

  4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the trader does not have to reimburse the additional costs for the more expensive method.

     

Article 10 - Exclusion of the Right of Withdrawal

The trader can exclude products and services from the right of withdrawal, provided that this is clearly stated in the offer, or at least in time before the conclusion of the agreement. This applies, among other things, to:

  • Products manufactured according to the consumer's specifications, which are not prefabricated and are made based on an individual choice or decision of the consumer;

  • Sealed products that are not suitable for return due to health protection or hygiene reasons and whose seal was broken after delivery.

Article 11 - The Price

  1. During the validity period stated in the offer, the prices of the products offered will not be increased, except for price changes resulting from changes in VAT rates.

  2. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.

  3. Price increases from 3 months after the conclusion of the agreement are only permitted if the trader has stipulated this and they are the result of statutory regulations, or the consumer has the authority to terminate the agreement on the day the price increase takes effect.

  4. The prices mentioned in the offer of products are inclusive of VAT for deliveries within the EU VAT territory.

Article 12 - Compliance and Extended Warranty

  1. The trader guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the statutory provisions existing on the date of the conclusion of the agreement.

  2. An extra warranty provided by the trader, supplier, or manufacturer never limits the statutory rights and claims that the consumer can assert against the trader under the agreement.

Article 13 - Delivery and Execution

  1. The trader shall take the greatest possible care when receiving and executing orders for products.

  2. The place of delivery is the address that the consumer has made known to the trader.

  3. With due observance of what is stated in Article 4, the trader shall execute accepted orders with convenient speed but at the latest within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, the consumer will receive notice thereof at the latest 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement at no cost.

  4. After dissolution in accordance with the previous paragraph, the trader shall refund the amount paid by the consumer without delay.

  5. The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless explicitly agreed otherwise.

Article 14 - Term Transactions: Duration, Termination, and Extension

This article applies should Maats offer services in subscription form (such as a club membership) in the future.

  1. Termination: The consumer can terminate an agreement entered into for an indefinite or definite period for the regular delivery of products or services at any time (towards the end of the term) subject to a notice period of no more than one month.

  2. Extension: An agreement concluded for a definite period may not be tacitly extended for a definite period. It may only be tacitly extended for an indefinite period, in which case the notice period is a maximum of one month.

Article 15 - Payment

  1. Unless otherwise provided, the 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 agreement.

  2. In the case of consumer sales, the consumer may never be obliged in general terms and conditions to make an advance payment of more than 50%. Note: In practice, the webshop offers voluntary full advance payment via electronic payment methods.

  3. The consumer has the duty to report inaccuracies in provided or stated payment details to the trader without delay.

  4. If the consumer does not meet their payment obligation(s) on time, they will be notified of the late payment by the trader and granted a period of 14 days to fulfill their obligations. If payment is not made within this 14-day period, statutory interest is due on the amount outstanding, and the trader is entitled to charge extrajudicial collection costs in accordance with the law.

Article 16 - Complaints Procedure

  1. The trader has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure.

  2. Complaints about the execution of the agreement must be submitted fully and clearly described to the trader via hello@maats.cc within a reasonable time after the consumer has discovered the defects.

  3. Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, a response will be sent within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.

  4. The consumer must give the trader at least 4 weeks to resolve the complaint in mutual consultation.

Article 17 - Disputes

Agreements between the trader and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.

Article 18 - Additional or Deviating Provisions

Additional provisions or provisions that deviate from these general 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 medium.

 

Article 19 - Refunds and Price Adjustments

  1. From time to time, Maats applies discounts to specific items as part of a sale or promotion. Maats will compensate the price difference between the paid amount and the discounted price in the form of a Gift Card, provided that the item was purchased at full price within 14 days prior to the start of the specific discount.

  2. No compensation or voucher will be offered if the exact same item (including specific color and size) is no longer in stock at the central warehouse on Maats.cc at the time of the request, if the item was originally purchased at a discounted price, or if a previous price match has already been applied to the order.

  3. Further reductions in product prices within an ongoing promotional period will not be compensated. Refunds and/or price compensations are not possible in combination with promotional discounts for first-time orders.

Article 20 – Customs Duties and Taxes for Deliveries Outside the EU VAT Territory

  1. For orders delivered outside the EU VAT territory, Dutch VAT (21%) is automatically deducted at checkout. The customer is subsequently fully and solely responsible for complying with and paying all applicable import duties, taxes, customs clearance fees, and/or other charges imposed by local customs or tax authorities in the country of destination.

  2. Maats Cycling Culture is not responsible for calculating, collecting, or remitting these local charges. These costs are borne entirely by the customer.

  3. Due to constantly changing international regulations, Maats Cycling Culture cannot provide binding information regarding the exact amount of import duties or local taxes.

  4. If the customer refuses to pay the applicable local import duties or taxes, Maats Cycling Culture reserves the right to cancel the order or process the return shipment, whereby all costs incurred by Maats (including transport and administrative fees) will be deducted from the final refund.

  5. Returning or exchanging products delivered outside the EU VAT territory is permitted within the timelines specified in Article 6. However, the consumer must ensure that the return shipment is correctly declared as a "Return of Goods" with the carrier and that any import duties or clearance fees are fully prepaid. If any import duties or administrative fees are inadvertently charged to Maats Cycling Culture upon re-entry into the Netherlands, these costs will be deducted from the purchase amount to be refunded to the consumer.

Annex I: Model Withdrawal Form

(Only complete and return this form if you wish to withdraw from the agreement)

To: Maats Webshop Attn: Returns Department Hoogstraat 56-A 3011PT Rotterdam The Netherlands Email: hello@maats.cc

I/We* hereby give notice that I/we* withdraw from my/our* contract of sale of the following products:

  • Description of product(s): _______________________________________________

  • Ordered on (date): _______________ / Received on (date): _______________

  • Name of consumer(s): _______________________________________________

  • Address of consumer(s): _______________________________________________

Signature of consumer(s) (only if this form is notified on paper):

___________________________

Date: _______________

* Delete as appropriate or fill in where applicable.