Terms and Conditions

Berg en Baan
Son en Breugel, North Brabant, the Netherlands
Chamber of Commerce (KvK) 69766975 · VAT NL858003533B01
Email: [email protected]
WhatsApp: +31 6 59 11 38 40

These terms and conditions apply to all offers, transactions and agreements in which Berg en Baan acts as seller or intermediary in the purchase and sale of bikes, factory-new or used.

By making a purchase or submitting a request through the website, you agree to these terms and conditions.

All prices shown are in euros (€) and include delivery within the Netherlands and Belgium. No separate shipping or transport costs are charged. Collection from our location in Son en Breugel, North Brabant is possible by arrangement, at the same price. Delivery outside the Netherlands and Belgium is agreed separately in advance.

Berg en Baan reserves the right to change prices at any time. The price that applies at the moment the agreement is concluded is binding.

All bikes are described as accurately as possible. Colours in a photo may differ from reality; this is no ground for cancellation or a price reduction. For the specification, the component list with the bike is leading. If the bike delivered differs from it, we resolve this; the statutory rights of a consumer continue to apply.

After your order you receive an invoice. Payment is made by bank transfer on the basis of this invoice, unless otherwise agreed in writing. Accepted payment methods are bank transfer, payment request (Tikkie / iDEAL) and cash. Cash payment is possible only on collection and up to the amount permitted by law.

An order placed with the order button on the website entails an obligation to pay. The bike is reserved for you. If payment has not been received within five working days of the order, the reservation lapses and Berg en Baan may cancel the order.

Once payment has been received, the bike is delivered, or you can collect the bike by appointment in Son en Breugel.

If Berg en Baan has ordered a bike that has not yet arrived, this is stated with the bike. Delivery follows as soon as the bike has arrived and payment has been received.

In the event of non-payment or cancellation after agreement, Berg en Baan reserves the right to offer the bike for sale again and to charge the costs incurred. The statutory right of withdrawal for distance purchases (article 7) continues to apply.

The bike remains the property of Berg en Baan until the purchase price has been paid in full.

Buyers are expressly invited to view the bike before purchase, by appointment at our location in Son en Breugel. You make an appointment via WhatsApp (+31 6 59 11 38 40). A bike that has not yet arrived can be viewed as soon as it has arrived. The condition of every bike is described and photographed as accurately as possible.

Berg en Baan sells factory-new and used bikes; used bikes are listed on the website as pre-owned. The warranty is arranged as follows:

• Factory-new bike: the manufacturer’s warranty of the brand, as stated with the bike.
• Pre-owned bike from our own stock: twelve months of Berg en Baan warranty.
• Consignment bike: no warranty (see article 9).

A warranty applies in addition to the statutory rights of the buyer and does not affect them. A pre-owned bike carries no manufacturer’s warranty, unless this is expressly stated with the bike.

Visible signs of use are inherent to used bikes and give no right to a price reduction or a return, without prejudice to the right of withdrawal for distance purchases (article 7).

Hidden defects that could not reasonably have been discovered on inspection are resolved in consultation. We ask you to report a defect as soon as possible after discovering it, by email or WhatsApp. This request does not limit the statutory rights of a consumer.

If you buy at a distance as a consumer (through the website, by telephone, email or WhatsApp), you have a statutory right of withdrawal: a cooling-off period of 14 days after receiving the bike, within which you may withdraw from the purchase without giving a reason. Bringing the bike back to Son en Breugel yourself is free of charge; if we collect the bike, we charge €250 in return costs for a bike box, collection and insured transport, which we set off against the refund; sending the bike yourself is at your own expense and risk. The full arrangement, with the model withdrawal form, is set out in the return policy.

Withdraw online: www.bergenbaan.nl/en/herroepen. You receive a confirmation by email straight away, with date and time.

A purchase that is concluded on location in Son en Breugel after you have viewed the bike there is not a distance purchase. The right of withdrawal then does not apply.

Outside the cooling-off period, Berg en Baan takes a bike back only if it has demonstrably been described incorrectly or has a hidden defect. The statutory rights of a consumer in the event of a defect continue to apply.

A consignment bike cannot be returned, because the bike is sold on behalf of a private owner (see article 9).

Berg en Baan only buys bikes that meet the criteria set: a premium brand, good condition and demonstrable ownership by the person offering the bike (proof of purchase in that person’s name).

Offering a stolen bike or presenting a false proof of purchase is always reported to the police. Berg en Baan reserves the right to file a criminal complaint.

A purchase offer is without obligation and valid for 7 days after it has been made, unless stated otherwise.

In addition to buying bikes, Berg en Baan offers consignment: the bike remains the property of the customer (the consignor) and Berg en Baan sells it on the instructions and for the account of the customer. Every consignment assignment comes into being only subject to acceptance and award by Berg en Baan.

No warranty: because a consignment bike has not been purchased by Berg en Baan and remains private property, it is sold without warranty. Berg en Baan acts solely as an intermediary here; the statutory guarantees that apply to a sale by a professional seller do not apply to consignment bikes. The product page concerned states that it is a consignment sale.

Delivery and returns: for a consignment bike, too, delivery to the buyer within the Netherlands and Belgium is included in the price. A consignment bike cannot be returned (see article 7).

Commission and costs: on a sale, Berg en Baan receives a commission of 10% of the sale price, with a minimum of €350, excluding costs. Standard costs are: collecting or bringing the bike €75 (one-off) and storage €49 per month. After sale and payment, Berg en Baan pays the remainder (sale price less commission less costs) to the consignor within 14 days.

Cancellation: if the consignor cancels the sale assignment within 3 months of its start, 50% of the commission on the asking price and the costs incurred up to that point are charged. The full terms are set out in the consignment agreement.

Photos of pre-owned bikes have been taken by Berg en Baan itself, of the bike they accompany; the copyright in them rests with Berg en Baan. A factory-new bike may be shown with a product photo from the brand; it is marked as such and the copyright in it lies with the brand.

Copying or reusing these photos, in any form whatsoever, is not permitted without prior written consent. This expressly includes use in advertisements on other platforms.

If you wish to use a photo, please get in touch; by arrangement, more is often possible than you might think.

Berg en Baan is not liable for damage arising from the use of the purchased bike after delivery, unless there is intent or gross negligence.

Berg en Baan is not liable for indirect damage, consequential damage or loss of income.

If you buy as a consumer, these limitations apply only in so far as the law permits; your statutory rights in the event of a defect continue to apply in full.

When communicating with buyers and sellers, including via Marktplaats, 2dehands, buycycle, email and WhatsApp, Berg en Baan uses digital assistants that work with artificial intelligence (AI). They answer questions, prepare valuations and conduct purchase and sales conversations on behalf of Berg en Baan, within the rules and limits set by Berg en Baan. They sign their messages with a first name.

If you ask whether you are communicating with a person or with a digital assistant, you always receive an honest answer. If you would rather deal with a member of staff directly, say so in the conversation or via [email protected].

The handover of a bike, the check of the papers and the payment are always handled by Berg en Baan itself.

Personal data are used solely to handle the transaction and are not shared with third parties, with the exception of the service providers needed for that purpose, such as the AI service with which the digital assistants from article 12 work. If you leave your email address or telephone number via the indication on the site, we use it solely to send you the indication by email or to call you back; we keep those details for no longer than six months. If you leave a wish on the site (size and the bike you are looking for), we use that email address solely to let you know when a suitable bike comes in; we also keep that for no longer than six months. See our cookie statement for more information.

Dutch law applies to all agreements. Disputes are submitted to the competent court in the district of Oost-Brabant. If you buy as a consumer, you may also submit a dispute to the court of your place of residence, and you retain the protection of the mandatory rules of the country in which you live.

These terms and conditions were drawn up in Dutch and translated into English, German and French. In the event of a difference between the language versions, the Dutch text prevails.