BBX BV
Terms and Conditions
These general terms and conditions apply to every offer from and every agreement with BBX B.V., Donk 43, 5768 XM Meijel, The Netherlands. Chamber of Commerce 94990387. In case of any discrepancy, the Dutch version prevails.
Article 1. Parties
1. BBX B.V.: the private limited company BBX B.V., registered with the Dutch Chamber of Commerce under number 94990387, with its registered office at Donk 43 (5768 XM) Meijel, the user of these general terms and conditions. 2. Further details of BBX B.V.: Website: www.bbxtreme.com E-mail: [email protected] Phone: +31 77 2340 456 VAT identification number: NL866962505B01 3. The Customer: the (prospective) purchaser of goods offered by BBX B.V.
Article 2. Applicability
1. BBX B.V. declares these general terms and conditions applicable to every offer made by BBX B.V. and to any agreements concluded between the parties, whether or not arising therefrom. Insofar as their content has not been amended, these general terms and conditions shall also apply to future legal relationships between the parties. 2. Deviations from these terms and conditions are valid only insofar as expressly agreed in writing by the parties. 3. Any general (purchasing) terms and conditions of the Customer are expressly rejected. 4. Third parties engaged by BBX B.V. in the performance of the agreement may also rely on these general terms and conditions. 5. If one or more (parts of) provisions of these general terms and conditions are void or annulled, the remaining provisions shall remain in force. In that case the parties shall consult in order to agree on new provisions to replace the void or annulled provisions, reflecting as far as possible the purpose and intent of the original provisions.
Article 3. Offer and agreement
1. Every offer, whether in the form of a quotation or otherwise, is entirely without obligation and revocable and is valid for 30 days, unless otherwise indicated in writing by BBX B.V. 2. Every offer applies only while stocks last. 3. Unless stated otherwise, prices stated in an offer are in euros and exclusive of 21% VAT and shipping costs, and are subject to levies, surcharges and other factors. 4. All specifications by BBX B.V. of numbers, dimensions, weights and colours of the goods in designs, drawings, images, photographs or models shown or provided are indicative only. A minor deviation in the delivered item does not constitute a failure to perform the agreement on the part of BBX B.V. 5. An offer does not automatically apply to repeat orders. 6. Obvious clerical errors and mistakes in the offer are not binding on BBX B.V. 7. The agreement is concluded: For orders via the webshop: when the Customer has correctly completed the ordering procedure on the BBX B.V. website and the order confirmation e-mail sent by BBX B.V. has arrived in the mailbox of the e-mail address provided by the Customer. For orders other than via the webshop: when both parties have signed a written offer, when BBX B.V. has confirmed acceptance in writing, or when BBX B.V. — or a third party on its behalf — has commenced performance. 8. The agreement is expressly entered into subject to the condition precedent of sufficient availability of the ordered products.
Article 4. Performance and delivery
1. The Customer shall enable BBX B.V. to perform the agreement and undertakes to provide the cooperation required for its performance. 2. BBX B.V. will endeavour to perform the agreement within the indicated/estimated period. This period is not a strict deadline; the Customer must therefore always first give BBX B.V. written notice of default, allowing a generous and reasonable period, before any remedy can be pursued. The Customer may not dissolve the agreement due to expiry of this period and is not entitled to damages. After expiry of this period, the parties will endeavour to perform the agreement within a reasonable time. 3. If BBX B.V. arranges delivery, the Customer must provide a delivery address where the goods can be delivered on the indicated date. If the Customer is not present when the goods are delivered on the indicated date, the costs of offering the goods again at a later time shall be borne by the Customer. The Customer will then be notified that the order can be collected at a location indicated by BBX B.V. after payment of the additional costs, including logistics (planning) costs at the storage location due to unexpected additional storage. 4. If delivery takes place at BBX B.V.'s premises and the Customer collects the goods there, the Customer must observe the agreed delivery date. If the Customer does not collect the goods on the agreed date, BBX B.V. may recover the reasonable costs of storing the goods from the Customer. 5. BBX B.V. is free to have the assignment and/or delivery carried out by third parties. Article 7:404 of the Dutch Civil Code is expressly excluded from the agreement. 6. Delivery of goods takes place only after the agreement has been concluded. The risk of loss of or decrease in value of the goods to be delivered passes to the Customer from the moment they are made available to the Customer, or would have been made available but for a delay for which the Customer is responsible, regardless of whether ownership has already been transferred. 7. BBX B.V. is entitled to perform the agreement in stages and to invoice each stage separately. If the agreement is performed in stages, BBX B.V. may suspend performance of parts belonging to a subsequent stage until the Customer has approved the results of the preceding stage in writing. Upon approval, BBX B.V. can no longer be held liable for defects that could reasonably have been known at the time of approval. 8. Without thereby being in default, BBX B.V. may refuse a request to amend the agreement if this could have qualitative and/or quantitative consequences, for example for the goods to be delivered in that context.
Article 5. Obligations of the Customer
1. The Customer shall enable BBX B.V. to perform the agreement and undertakes to provide the required cooperation, including: a) Being present at the delivery address provided by the Customer on the agreed delivery date; b) Ensuring that BBX B.V. has timely access to the approvals required for the assignment (such as consents etc.) and the information to be provided for the assignment; c) Ensuring that work/deliveries to be carried out by third parties, which are not part of BBX B.V.'s assignment, are performed in such a way and in such time that performance of the assignment is not delayed. 2. If the obligations in paragraph 1 are not fulfilled (on time), the Customer must inform BBX B.V. in good time. BBX B.V. is entitled to charge the Customer the resulting additional costs, such as storage, travel or labour costs. 3. If the obligations in paragraph 1 are not fulfilled (on time), BBX B.V. is not obliged to compensate any damage resulting from the delay in delivery. 4. The Customer shall ensure that all information which BBX B.V. indicates is necessary, or which the Customer should reasonably understand to be necessary for the performance of the agreement, is provided to BBX B.V. in good time. The Customer bears the risk and responsibility for the correct and timely delivery of the required information and its content, regardless of how it is provided. If the required information is not provided in time, BBX B.V. has the right to suspend performance of the agreement and/or to charge the Customer the additional costs resulting from the delay at the usual rates. 5. Prior to performance, the Customer must provide the agreed and required items and information, such as address and contact details. BBX B.V. will assess these to the best of its knowledge. However, BBX B.V. is not liable for damage arising because work was carried out on the basis of incorrect items and information provided by the Customer. 6. The Customer expressly bears the risk of damage caused by: a) Inaccuracies in the constructions and working methods required by the Customer; b) Defects in materials or aids made available by the Customer. 7. The Customer warrants that digitally supplied material is safe and free of viruses or other harmful content that could in any way damage the computer systems or software of BBX B.V. and/or third parties.
Article 6. Retention of title
1. Ownership of the goods to be delivered passes to the Customer — notwithstanding actual possession — only after the Customer has paid in full everything owed to BBX B.V. under the agreement, including not only the purchase price but also any additional penalties, additional costs or extrajudicial collection costs due. 2. Under this retention of title, the Customer is not entitled to sell the goods or to encumber them, for example with a pledge. 3. In connection with the effectiveness of the retention of title, the Customer undertakes to inform BBX B.V. promptly and adequately in the event of impending bankruptcy, suspension of payments, debt restructuring, or if third parties threaten to seize goods delivered under retention of title. The Customer is also obliged to adequately insure the goods delivered under retention of title against damage and theft. 4. If the Customer is in default of any obligation under the agreement, the Customer is obliged, at BBX B.V.'s request, to provide all cooperation necessary to enable BBX B.V. to freely dispose of the delivered goods again. This includes the possible obligation to return the goods at the Customer's own expense at BBX B.V.'s request.
Article 7. Warranty and liability
1. The Customer accepts that all goods are sold with all known, unknown, visible and invisible factual and legal defects, encumbrances and restrictions. No warranties are given other than insofar as BBX B.V.'s supplier provides a warranty or as otherwise expressly agreed. 2. The Customer must inspect the delivery and performance for conformity in terms of quantity and quality as soon as possible, and in any event within 48 hours. If the performance does not meet the conformity agreed under the agreement, and there is therefore a defect, the Customer must inform BBX B.V. within 8 days of delivery. 3. After being informed as referred to in the previous paragraph, BBX B.V. will repair or replace the defect free of charge within reason. If neither of these two remedies effectively resolves the defect, the Customer has the right to (partially) dissolve the agreement in respect of that defect, with the Customer bearing the costs of returning the delivered goods. The foregoing applies without the Customer being entitled to any damages. 4. If the defect arose through a fault attributable to the Customer, or if the Customer informed BBX B.V. of the defect too late, the Customer's right to repair, replacement or dissolution as described in this article lapses. The burden of proving that the fault is not attributable to the Customer rests with the Customer. 5. The existence of a defect does not suspend the Customer's payment obligation. 6. The Customer is never entitled to any remedy if the item has been used incorrectly or carelessly. The Customer is obliged to use the goods in accordance with the intended documentation, such as an instruction manual and/or instructions on the packaging of BBX B.V.'s goods. The Customer undertakes to have the goods used only by persons who have been properly instructed in their use. If the foregoing is not observed, or if the Customer makes additions and/or modifications of any kind, all warranty lapses. 7. BBX B.V.'s goods are in principle intended for minors only. As a result, the item may not function (properly) and/or may be damaged when used by an adult. The Customer expressly bears this risk and indemnifies BBX B.V. against any damage resulting therefrom. 8. If the item is used by a minor, this must always take place under the supervision of an adult. The adult expressly agrees to let the minor first become familiar with the item carefully (at the lowest setting) before further use. The responsibility for assessing whether the minor can use the item safely and competently rests at all times with the adult. The Customer indemnifies BBX B.V. against any liability in this respect. 9. When using the item, measures must be taken with regard to physical protection, including in any case — but not limited to — knee and elbow protectors and an approved helmet. 10. The Customer is aware of and expressly agrees that the item is not suitable for use on public roads, but exclusively for use on private property and/or specifically approved locations, such as purpose-built motocross tracks. The Customer is expressly responsible for verifying that (use of) the item complies with the requirements of applicable laws and regulations. The Customer indemnifies BBX B.V. against any liability if it fails to do so. 11. BBX B.V. is liable to the Customer only for direct damage and only in the event of intent or gross negligence. 12. Should BBX B.V. be liable to the Customer, this liability is limited to the amount paid out under BBX B.V.'s professional/business liability insurance or other liability insurance, but at most (if no insurance applies) to the amount of the invoice from which the damage arose, plus 15%. 13. Except in the case of intent or deliberate recklessness, BBX B.V.'s liability does not extend to consequential damage, indirect damage, immaterial damage, damage due to delay, property damage, reduced goodwill, lost turnover and/or profit, etc. 14. The Customer indemnifies BBX B.V. against damage of third parties arising in connection with the agreement because BBX B.V. acted — including failure to act — on the basis of incorrect, incomplete or late information, data and documents provided by the Customer, or in deviation from these general terms and conditions. 15. In all cases, the period within which BBX B.V. can be held to any remedy, such as compensation, is limited to 12 months after delivery.
Article 8. Prices and payment
1. The offer has been established in good consultation. By concluding the agreement, the parties consider the prices reasonable and fair. 2. Unless otherwise agreed, the Customer must pay the amount due in full prior to delivery. Invoices must in any event be paid within 14 days of receipt by bank transfer. BBX B.V. is entitled to send the invoice immediately after the agreement has been concluded. 3. If the agreed payment term is exceeded, BBX B.V. is immediately entitled to charge the Customer default interest of 1% of the principal per month as well as extrajudicial collection costs. The latter costs amount to 15% of the principal due, with a minimum of EUR 150 excluding VAT. 4. Without the express written consent of BBX B.V., the Customer is not permitted to apply set-off, suspension or withholding in respect of its payment obligations.
Article 9. Termination of the agreement
1. BBX B.V. has the right to dissolve the agreement with the Customer with immediate effect for the future, by written notice and without (further) prior notice of default, if: a) The Customer ceases or liquidates all or part of its business operations and/or significantly changes its business activities or transfers them to a third party without BBX B.V.'s prior written consent; b) The Customer is granted (provisional) suspension of payments, is declared bankrupt, files a request for statutory debt restructuring, or is placed under guardianship or administration; c) Any right accruing to the Customer is seized. 2. In the event of termination of the agreement, all payments owed by the Customer to BBX B.V. become immediately due and payable in full. If the work has not been fully completed, the Customer owes a proportionate part of the total amount. 3. In the event of termination of the agreement, the Customer will, at BBX B.V.'s request, provide all cooperation necessary to enable BBX B.V. to freely dispose of delivered goods again. 4. The Customer has no right of withdrawal if the Customer has declared not to act as a consumer but in the exercise of a business or profession. If the Customer is nevertheless a consumer, the Customer likewise has no right of withdrawal in the case of custom-made products.
Article 10. Force majeure
1. Force majeure means, in addition to what is understood by law and case law, all external causes, foreseen or unforeseen, over which BBX B.V. has no influence. This includes war, strikes, traffic disruptions, unforeseeable stagnation, failures in energy supply, transport difficulties, fire, loss of or damage during transport, import and/or export restrictions, shortcomings of third parties on whom BBX B.V. depends for the performance of the agreement, epidemics, pandemics and government measures. 2. During force majeure, BBX B.V.'s obligations are suspended. If performance is impossible due to force majeure for longer than one month, or if other circumstances make it disproportionately burdensome for BBX B.V. to meet its obligations, BBX B.V. is entitled to dissolve the agreement in whole or in part by notice to the Customer, without judicial intervention and without any obligation to pay damages. 3. If BBX B.V. has already partially fulfilled its obligations when the force majeure occurs, it is entitled to invoice the part already delivered or performed separately, or to partially credit advance payments. 4. In the event of (interim) dissolution of the agreement, all payments owed by the Customer to BBX B.V. become immediately due and payable in full.
Article 11. Intellectual property rights
1. BBX B.V. reserves the rights and powers accruing to it under the Copyright Act and other intellectual property laws and regulations. 2. The trademarks, images, logos and photographs used and displayed on BBX B.V.'s website and goods are registered or unregistered trademarks of BBX B.V. or of third parties and may not be used commercially without the prior consent of the holder of those trademarks.
Article 12. Forum, choice of law and assignment of rights
1. BBX B.V. is entitled to assign its rights and obligations under this agreement to a third party. The Customer may only assign its rights and obligations to a third party with the written consent of BBX B.V. 2. This agreement — and any other agreements concluded between the parties — is governed exclusively by Dutch law, with the express exclusion of the Vienna Sales Convention (CISG). Should any obligation arise between the parties in the future other than from an agreement, Dutch law shall also apply to that obligation. 3. Any dispute arising from the agreement between the parties shall be submitted exclusively to the competent court in the district in which BBX B.V. has its registered office. Any dispute concerning non-contractual obligations shall likewise be submitted exclusively to the competent court in the district in which BBX B.V. has its registered office.
Article 13. Right of withdrawal
1. This article applies only if the Customer is a natural person acting for purposes outside his or her trade or profession, and the agreement for the purchase of the goods was concluded at a distance — for example via the webshop — and not in a physical shop. 2. The Customer has in principle the right to withdraw from the agreement within 14 days without giving reasons. However, the Customer has no right of withdrawal in the case of goods manufactured according to the Customer's specifications, which are not prefabricated and which are produced on the basis of the Customer's individual choice or decision, or which are clearly intended for a specific person. 3. The withdrawal period expires 14 days after the day on which the Customer, or a third party designated by the Customer other than the carrier, physically takes possession of the goods — or, for agreements where the Customer ordered several goods in one order that are delivered separately, the day on which the Customer or a designated third party physically takes possession of the last item. 4. To exercise the right of withdrawal, the Customer must inform BBX B.V. by an unambiguous statement (e.g. in writing by post or e-mail) of the decision to withdraw from the agreement. The Customer may use the model withdrawal form set out in paragraph 7 of this article, but is not obliged to do so. 5. To meet the withdrawal deadline, it is sufficient to send the notification concerning the exercise of the right of withdrawal before the withdrawal period has expired. 6. If the Customer withdraws from the agreement, the Customer will receive back all payments made up to that time, including delivery costs (with the exception of any additional costs resulting from the Customer's choice of a delivery method other than the cheapest standard delivery offered by BBX B.V.), without delay and in any event no later than 14 days after BBX B.V. was informed of the decision to withdraw. BBX B.V. will refund the Customer using the same means of payment used for the original transaction, unless the Customer has expressly agreed otherwise; in any case, no fees will be charged for such refund. BBX B.V. may withhold the refund until it has received the goods back, or until the Customer has demonstrated that the goods have been returned, whichever occurs first. The Customer must return or hand over the goods without delay, and in any event no later than 14 days after the day on which the Customer notified BBX B.V. of the withdrawal. The Customer is on time if the goods are returned before the 14-day period has expired. The direct costs of returning the goods are borne by the Customer. The Customer is only liable for any diminished value of the goods resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the goods. 7. Model withdrawal form; to facilitate withdrawal, BBX B.V. provides the form below. The Customer may use this form to withdraw from the agreement. ------------------------------------------------------------ To BBX B.V. Donk 43 5768 XM Meijel The Netherlands [email protected] www.bbxtreme.com I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods / provision of the following service (*) • Ordered on (*)/received on (*) • Name of consumer(s) • Address of consumer(s) • Signature of consumer(s) (only if this form is notified on paper) • Date (*) These general terms and conditions were drawn up by Bleijerveld Juridisch Advies (www.bleijerveldjuridischadvies.nl). In case of any discrepancy between translations, the Dutch version prevails.

