Muto general terms of online sale and delivery

 

Dear user of our online sales platform,
Dear Muto customer,

 

firstly, we kindly thank you for the interest in our products and services and your confidence in our brand. We wish to inform you about the terms and conditions under which we supply our products.

 

1. Introduction

 

1.1     Our online sales of Muto products and related services will take place via an e-commerce website accessible via the internet address www.muto.bike (“Site”). The Site is accessible for use to all users of the internet in the European Union (“User” or “you”). The site is published and operated by:

 

Muto.Bike B.V.

a limited liability company registered in the Netherlands
Chamber of Commerce registration number 74206273

Oosteinderweg 90
8072 PD
NUNSPEET
The Netherlands

VAT number: 859808981B01
Telephone number: +3120-5602943
E-mail: hello@muto.bike

(“Muto”, or “we” or “us”).

 

1.2     The Site enables us to offer Muto bicycles, accessory products and related services (“Products”) for sale to you. When you order a Product through the Site, you enter into a sales agreement with Muto. Under the Muto General Terms of Online Sale and Delivery (“Terms”), it is agreed that the User and Muto shall be jointly referred to as “Parties”, and individually as a “Party”, and that a User that has confirmed an order shall then be referred to as “Customer”. Any rights and obligations of User arising out of or in connection with these terms shall automatically apply to Customer.

 

1.3     The Terms apply to, and form an integral part of, all offers and quotations made by us, all acceptances and confirmations by us of any orders and requests by you, and any agreements regarding the sale and delivery of all our Products.

 

1.4     The Site and these Terms are available in Dutch, French, German, English, and Danish. The Terms will also be made available to you prior to the conclusion of a sales agreement. The Terms can be printed and/or downloaded by using the appropriate commands in your browser. In the event this is not possible, we will inform you that the Terms are available for review at our offices, and the Terms will be sent to you free of charge on your first request, prior to the conclusion of a sales agreement. The Terms will also be sent by e-mail.

 

1.5     Any order of our Products will imply full and unreserved acceptance of the Terms. Your order of Products as offered on the Site implies consultation, knowledge and express acceptance of the Terms. You are at all times entitled to save or print a copy of the Terms, providing that they are not modified. We strongly advise you to do so for future reference regarding the order you will be submitting. We request you to read these Terms carefully before submitting your order.

 

1.6     When placing an order on the Site, you guarantee to us that you are:

  • a.     a consumer, meaning a natural person who is acting for purposes which are outside the scope of an economic activity (trade, business, craft, liberal profession);
  • b.     at least 18 years old.

In the event we have reasons to believe you do not comply with these requirements, we reserve the right to suspend or cancel any order and/or delivery of Products, whatever their nature or state of progress.  

 

1.7     The Terms come into effect as from February 27th 2020. We reserve our right to change the Terms without notice and at any time, with any modifications not applying to orders already accepted and confirmed. The Terms posted on the Site at the time you place your order on the Site will govern that particular order and the resulting sales agreement.

 

2. Products sold on the Site

 

2.1     Offers and quotations issued by us in whatever form are without any obligation, are not binding on us and merely constitute an invitation to you to place an order with us. All orders submitted by you are subject to acceptance by us.

 

2.2     Prior to placing an order, you may check the main features of any Product you wish to order by consulting the Site. We work to ensure complete and accurate information about the essential features of the Products, the various steps of our ordering and delivery process, and the prices on the Site, in order for you to make an informed decision about the purchase of our Products. However, the actual Product and its packaging and materials may be different from what is presented on our Site, provided that such differences have no material effect on the usability or general esthetic appearance of the Product. All information about the Products on the Site is provided for information purposes only. We will not be responsible for any typographical or other errors in such information. Please do not only rely on the information presented on our Site, but carefully read instructions and directions relating to the Product and provided with the Product before you use it.

 

2.3     Purchase offers, including special promotions, are valid for as long as they are visible on the Site. In the event a purchase offer on the Site is conditional in nature, or has a limited validity, we will inform you explicitly thereof in the offer concerned.

 

2.4     We will inform you about the expected delivery time of each Product on the Site, and also immediately before you place an order. Please note that, unless otherwise stated on the Site, the expected delivery times are not guaranteed delivery times and cannot be relied upon as such. 

 

2.5     All Products offered on the Site are exclusively available for delivery to Users in The Netherlands, Belgium, Denmark and Germany.

 

3.     Prices of Products

 

3.1     The prices of our Products presented on the Site are in Euro, with the exception of non-Eurozone countries. In these countries our prices will be presented in local currency.  

 

3.2     Our prices include the applicable value added tax at the rate in force on the day of your order. Any changes in the applicable rate will be automatically reflected in the price of the Products on the Site. Where we cannot reasonably pre-determine the price of a given Product including services on our Site, we will inform you on your first request about the price thereof (or if an exact price cannot be given due to the nature of the Product including services, our method for calculating the price), so that you can always check our prices or detailed estimates in advance.

 

3.3     Our prices do not include shipping charges, which are invoiced in addition to the price of the Products, according to the total amount of your order and depending on the requested mode of delivery and delivery address. In case your order involves delivery of Products to a (non-EU) country that is subject to customs, documentary and other requirements, it will be your own responsibility to pay any additional taxes, import duties and/or other fees required by the local customs authorities in order to obtain physical delivery of the Products.

 

3.4     The total price payable by you to us, including all taxes, costs and shipping charges due to us, will be shown before you are asked to confirm your order. In case delivery is not possible on the delivery date due to any failure attributable to you (for example: your absence at the agreed moment of delivery), we may invoice additional costs incurred by us as a consequence of such failure, which costs will be made transparent prior to you placing the order.

 

3.5     We are entitled to change the prices of our Products at any time, but any Products ordered by you will be invoiced at the price in force when your order has been placed with us.

 

4. Orders and acceptance

 

4.1     Any agreement between you and us will be concluded at the moment you receive an Order Acknowledgement as a reaction to your order, in accordance with the conditions stated in the offer and in these Terms (“Agreement”).

 

4.2     You are solely responsible for and guarantee the correct and complete provision of information necessary for us to accept and process your order, including but not limited to information about your address, payment details and contact information. We cannot accept any liability for any error or inaccuracy in your order.

 

4.3     You will be requested to review the details of your order, and we will make the Terms available for consultation, saving and printing by you, prior to confirming your order electronically. When your order is then confirmed by you clicking on the Order&Pay button, you declare that you therewith accept the order, together with the Terms.

 

4.4     Once your order has been registered by us, we will confirm your order as soon as practically possible (“Order Registration”). A summary of the Order Registration can be saved and printed by you. Without affecting your right of withdrawal set out in clause 8 of the Terms, you may cancel your order at no cost any time before we send the Order Registration. The Order Registration is a confirmation that we have received your order, and does not confirm our final acceptance of your offer to buy the Products ordered.

 

4.5     We will electronically send a detailed acknowledgement of your order within a reasonable period after the Order Registration, but in any event prior to delivery of the Products (“Order Acknowledgement”). We only conclude the Agreement for a Product ordered by you when we send you the Order Acknowledgement which will specify the Products ordered by you, the exact amount invoiced, and the details and terms of delivery.

 

4.6     The Order Registration and the Order Acknowledgement will be sent to the e-mail address provided by you. To that end, you explicitly agree to the use of e-mail for us to confirm your order and to send the Order Acknowledgement. The Order Acknowledgement documents our acceptance of your order and confirms the Agreement between you and us, subject to order payment. The Order Acknowledgment can be saved and printed by you.

 

4.7     In the event of one or more Products being unavailable once your order has been placed, we will let you know as soon as we can by e-mail.

 

4.8     We reserve the right not to accept your order for any reason. We also reserve the right to suspend performance of any order and/or delivery of Products, whatever their nature or state of progress, in the event:

  • a.     the information you have provided to us in the ordering process is incorrect;
  • b.     your order cannot be accepted due to (payment) security problems and/or fraud suspicion;
  • c.     you are not allowed to enter into an Agreement with us due to the applicable statutory age limit;
  • d.     you are not a consumer;
  • e.     a dispute exists regarding the payment of a previous order.

 

4.9     Before you are bound by the Agreement between us, we will provide you with the following information either in writing or such a manner that enables you to store the information 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 information stored:

  • a.     our complaints procedure and the Online Dispute Resolution (ODR) system as described in Article 10 of the Terms;
  • b.     your statutory right to withdraw from our Agreement including a withdrawal form;
  • c.     your rights under warranty;
  • d.     total purchase price and any additional costs and charges relating to your order. 

 

5.          Payment

 

5.1     To pay for your order, you must choose between the methods of payment as provided to you when ordering our Products on the Site. We may be required to offer you a method of payment requesting you to prepay a maximum of 50% of the agreed price of the Product. The following bank cards are i.a. accepted on the Site: Visa, MasterCard, Maestro, and American Express. We reserve the right not to accept certain payment methods for a given order. We will only accept payment from accounts within the European Union.

 

5.2     All orders are payable in Euro, with the exception of non-Eurozone countries where orders are payable in local currency.

 

5.3     In the event of non-payment of any amount owed to us by you, we reserve the right to suspend performance of any order and/or delivery of Products, whatever their nature or state of progress.

 

5.4     Interest charges on any unpaid amount by one Party to the other Party will be automatically incurred at the Party-debtor’s expense at the applicable legal interest rate (in the absence thereof set at 3% per year) following the passing of a period for payment set in a notice of default sent by the Party-creditor to the Party-debtor.

 

5.5     We will take adequate technical measures to guarantee web security of the Site, and a safe transfer of your data, order information and online payment. We may send information concerning your order to any competent authority for verification. In addition, we may check any facts and circumstances that are relevant for the Parties to enter responsibly into a valid and binding Agreement, and we are entitled to verify whether you are able to comply with your financial obligations towards us.

 

5.6     To ensure secure payment by credit card, we will ask you to provide us with the card’s security code upon payment.

 

5.7     The Products will remain our property until you have paid all amounts owed to us in full for the respective Product under any Agreement, including the payment of costs and taxes.

 

6. Delivery of your order

 

6.1     The Products ordered by you will be delivered by or on behalf of us to the address provided by you when placing your order, and in accordance with the method of delivery selected by you. In the event you are not available for acceptance of the Product at the agreed delivery time and location, we will try delivery to deliver the Products at another time. We will make a maximum of three delivery attempts in total. In the event we fail to deliver the Products due to you not being available for acceptance at the agreed delivery times, we may cancel the Agreement and/or charge actual delivery costs for any second and third delivery attempt. Such costs may be deducted by us from the refund to be paid to you, and will be made transparent to you during the order process prior to the conclusion of the Agreement.

 

6.2     Depending on availability of the Products, and without prejudice to clause 2.4 above, we will strive to deliver your order:

  • a.     within an average of 30 days from the day on which we received your order, in accordance with the method of delivery selected by you, and
  • b.     no later than 45 days as from receipt of the order, all subject to our acceptance of the order and your full payment of the (balance of the) price no later than at the moment of delivery.

 

6.3     We will deliver the Products ordered by you exclusively in The Netherlands, Belgium, Denmark and Germany. We reserve the right to suspend or cancel any order and/or delivery of Products in the event you submit a delivery address which is not located in these countries.

 

6.4     Without affecting your rights under our Agreement, we are entitled to wholly or partly transfer our rights and obligations under an Agreement – including but not limited to the obligation to deliver the Products to you – to a third party. In such case we will at all times remain responsible towards you for the proper performance of all our obligations arising out of our Agreement. 

 

6.5     Transfer of risk of loss of or damage to the Products shall pass from us to you upon physical delivery of the Products to you or to a third party indicated by you or acting on your behalf (other than the carrier).

 

6.6     We request you to inspect the Products and their packaging for any damage immediately upon delivery. In case of any damage, please do not accept delivery, make the appropriate comments on the shipping documents, and inform us as per the warranty procedure described below. We advise you to open the original packaging of the Products carefully and keep it available for re-use in case the Products are to be returned as per your warranty or withdrawal rights. 

 

7. Conformity and liability

 

7.1     We work hard to ensure that our Products are of the highest quality, and comply with all applicable quality and safety standards. We have an obligation to make sure that our Products are in conformity with the Agreement. Therefore, you may expect the proper functioning and conformity of our Products for a period of two years after delivery to you. 

 

7.2     In the unfortunate event of our Product being defective or not in conformity with the Agreement, you can choose to:

  • a.     return the Product to us and be reimbursed, or;
  • b.     to obtain a reasonable price reduction, or;
  • c.     have the Product repaired or replaced free of charge.

The above rights are without prejudice to any statutory rights that you might have under the laws of your country of domicile. Any claims under warranty shall become statute-barred after three years after delivery of the Product. 

 

7.3     In the event your claim is justified, we will repair or replace the Product in questions as soon as practically possible, or we will reduce the price or reimburse to you all payments received from you regarding the specific order, including any delivery costs. Such reimbursement will be made by any method of payment that you have chosen, no later than 30 days following the date on which your claim was received by us.

 

7.4     Regarding any claim or questions regarding conformity of our Products please follow the instructions of our https://intercom.help/muto/en/articles/3653610-what-s-the-warranty-policy.

 

7.5     If performance of our obligations is affected by acts or events outside our reasonable control (which include but are not limited to: strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, absence of delivery by our suppliers or other third parties, or failure of public or private telecommunications networks (“Force Majeure Event”)), any obligations towards you will be suspended, and we may extend the performance of our obligations for the duration of the Force Majeure Event.

In case of a Force Majeure Event we will contact you as soon as reasonably possible by e-mail, and we will arrange a new delivery date. Alternatively, you may withdraw from our Agreement, and we will act in accordance with clause 8.2 – 8.5 of the Terms. 

 

7.6     Without prejudice to any rights you might have, and to any restrictions imposed on the limitations of liability stated below by the laws of your country of domicile and thus to the extent permitted by law, we will not accept liability for:

  • a.     any interruption to the Site as a consequence of circumstances outside our control;
  • b.     any damage or loss resulting from a fraudulent intrusion by a third party, causing any change to the information made available on the Site;
  • c.     Products not ordered via the Site;
  • d.     Products damaged by normal wear and tear, or Products that have exceeded the reasonable lifespan of the Product;
  • e.     regardless of the legal grounds, any damage or loss that was not caused by any breach by us of the Agreement or the Terms, including but not limited to damage or loss caused by you not observing applicable traffic and road safety rules;
  • f.     Products having become defective as a result of alteration, modification, improper or insufficient care, abuse, negligence, lack of proper maintenance, repair or maintenance by an unqualified party, activities other than the intended purpose, or improper or unlawful handling.

 

7.7     Please be aware that the Products we sell and deliver contain batteries for the purpose of electric pedaling assistance. The batteries in our Products are rechargeable, and contain certain hazardous substances. Please take care when exchanging or removing defective batteries. Do not return any batteries by mail, but use the instructions stated in our https://intercom.help/muto/en/articles/3653617-how-to-keep-your-battery-safe.  

 

8. Right to withdraw from the Agreement

 

8.1     You have a statutory right to withdraw from our Agreement without providing any reasons within a period of 30 days as from the date of receipt of the Products by you or a third party indicated by you (other than the carrier) (or in case of provision of related services by us, from the date of conclusion of our Agreement relating to these services), and to return any such ordered Products for reimbursement.

 

8.2     If you wish to make use of this right to withdraw from the Agreement, you can use any means to do so. We have summarized further instructions in our https://intercom.help/muto/en/articles/3666731-what-is-your-returns-policy, which procedure includes our standard withdrawal declaration form which you can use to inform us about your decision. Once you have completed and sent the declaration, we will immediately send you a confirmation thereof. The right of withdrawal does not apply to any Products made to your specifications or which are clearly personalized.

 

8.3     If you withdraw from our Agreement, we shall reimburse to you all payments received from you regarding the specific order, including any standard delivery costs. Such reimbursement will be made by any method of payment that you have used for paying the order, no later than 14 days following the date on which the right was exercised by you.

 

8.4     You must return the Products you do not wish to have within 14 days from the day of notification by you of your withdraw from the Agreement through our withdrawal procedure. Please note that we are entitled to withhold reimbursement until you can prove that you have returned the Products to us and/or we have received the Products in question back. We ask you to return the Products to us in conformity with our withdrawal procedure, intact, complete, if reasonably possible in their original packaging, and unused, except for what was reasonably necessary for you to inspect and ascertain the nature, functioning and characteristics of the Products, in the same way that you might do in a physical shop. 

 

8.5     Any costs associated with returning the Products in accordance with this clause will be for your account. We reserve the right to charge additional costs / deduct from the reimbursement amount any depreciation of the Products returned if the value of the Products has been diminished by you not complying with clause 8.4 of the Terms. Damage to the Products and the Products being excessively dirty, as well as the Products having been used for more than 100 km are regarded indications of use beyond what is reasonably necessary for you to inspect and ascertain the nature, functioning and characteristics of the Products.

 

9. Intellectual property

 

9.1     The Site and all the elements, brands, drawings, models, photographs, texts, illustrations, logos, icons, graphics, Products, associated products, etc. to be found in the Site are the exclusive property of Muto, its affiliated companies, its licensors or its content providers. We do not grant any license or any entitlement to you or any third parties other than that of consulting the Site. Any use or reproduction, in whole or in part, of these elements is authorized exclusively for information purposes only, for personal and private use, with any reproduction and any use of copies made for other purposes being expressly prohibited.

 

9.2     Neither the Site (in whole or in part), nor its content or brands may be used, reproduced, duplicated, sold, resold, made accessible, modified or exploited in any other way, in whole or in part, for any purpose whatsoever, without prior written authorization from us.

 

10. Applicable law, complaints and dispute settlement

 

10.1     The rights and obligations of you and us out of or in connection with an Agreement concluded between us and/or these Terms shall be governed, construed, interpreted and enforced according to the laws of the Netherlands, with the exclusion of the applicability of the 1980 Convention on the International Sale of Goods. This choice of law is without prejudice to any specific statutory consumer rights that you might have under the laws of your country of domicile.

 

10.2     You can always file any complaint you might have via our https://muto-bike.nl/en/contact. In the event you are of the opinion that we have not handled this complaint adequately, you have the right to use the Online Dispute Resolution (ODR) system available via http://ec.europa.eu/odr as provided by the European Commission, or you may commence alternative dispute resolution procedures if these are mandatorily provided for by specific statutory consumer rights under the laws of your country of domicile.

 

10.3     In case of a dispute arising out of or in connection with an Agreement concluded between us and/or these Terms, you have the right to bring legal proceedings against us either before the competent court in Amsterdam, the Netherlands, or in the competent courts of your own country of domicile. The above right is without prejudice to any specific statutory consumer right that you might have under the laws of your country of domicile.

 

11. Contact details

 

11.1     If you have any questions or comments about the Site or our Products, or in the event that you wish to file a complaint, please contact our Muto Customer Care Center: hello@muto.bike.

 

11.2     Our Muto Customer Care Center can also be reached at the following address:

Muto.Bike B.V.

Oosteinderweg 90
8072 PD
NUNSPEET
The Netherlands

 

12. Privacy and cookies

 

12.1     We respect your privacy. Please see our Privacy policy and our Cookie policy that explain to you the details of the processing of your personal data and how we use cookies.

 

12.2     Our Privacy Statement and Cookie Policy form an integral part of the Terms.