General Terms and Conditions

Article 1 – Definitions
In these general terms and conditions the following terms shall have the following meanings:

Forto cycling: defined in article 2 of these general terms and conditions;

Counterparty: the (legal) person with whom Forto cycling enters into an agreement or with whom
intends to close;

Consumer: a natural person, not acting in the exercise of a profession or
company;

Parties: Forto cycling and Counterparty;

Written: put in writing; by post, by email or by another electronic means;

Third party(ies): (legal) persons, other than Forto cycling or the Counterparty;

Article 2 – Identity of Forto cycling
Company name: Forto cycling
Chamber of Commerce number: 70616795

Article 3 – General provisions

These general terms and conditions apply to every offer and all
(legal) acts of Forto and any agreement concluded between Forto
and Counterparty.

If a provision of the general terms and conditions or an agreement is void
If it turns out to be or is destroyed, this does not affect the validity of the entire general
terms or agreement. Parties will enter into consultations in order to reach a new
to agree on a provision to replace the void or annulled provision,
whereby the purpose and scope of the void or annulled decision are taken into account as much as possible
provision must be observed.

Unless expressly agreed otherwise in writing, the applicability of
other general terms and conditions excluded.

Deviations from or additions to these general terms and conditions are only valid if
these have been expressly agreed in writing.

Article 4 – The offer

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

The offer contains a complete and accurate description of the offered
products. The description is detailed enough to allow a good assessment of
to make the offer possible by the Counterparty. If Forto cycling uses
images, are they a true representation of the offered
products.

Obvious mistakes or obvious errors regarding, for example, what is displayed
amounts do not bind Forto cycling.

Article 5 – The agreement

The agreement is concluded at the time of acceptance by the
Counterparty to the offer and compliance with the conditions set therein.

Delivery times stated are always indicative. The terms for
delivery are not fatal terms. Exceeding a term gives the
The other party is therefore not entitled to compensation.

If the Counterparty has accepted the offer electronically,
Forto cycling will immediately confirm receipt of acceptance of the order electronically
offer.

Article 6 – Right of withdrawal for consumers

The Counterparty acting as a Consumer may enter into a distance contract or a
agreement concluded outside the sales premises without giving reasons
dissolve until a period of 14 (fourteen) days has elapsed from the day on which
the Consumer or a third party designated by the Consumer, who is not the carrier
is, has received the case.

If a Consumer can exercise his right of withdrawal, the
Consumer responsible for returning the product and the costs thereof
pay. Counterparty returns the product with all delivered accessories, if
reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by Forto cycling.

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

The other party shall bear the direct costs of returning the product.

The right of withdrawal is always excluded if the Counterparty is not a Consumer.

Once the product has been received in good order by Forto cycling, Forto cycling will pay the
purchase amount within 14 (fourteen) days in the manner in which the
Consumer has paid the purchase price.

Article 7 – Liability

The total liability of Forto cycling is limited to compensation for damage up to
maximum the amount of the invoice amount agreed for that agreement
(excluding VAT).

Forto cycling's liability for damage resulting from intent is not limited
or deliberate recklessness on the part of Forto cycling.

Forto cycling products contain loose parts that can be dangerous for
young children. It is the responsibility of the Counterparty to prevent
that young children swallow loose parts. Forto cycling accepts no liability for any damage that may occur should this situation occur.

The condition for the existence of any right to compensation is always that
The other party must report the damage to Forto cycling in writing as soon as possible after it has occurred.
reports. Any claim for damages against Forto cycling shall lapse by the mere
lapse of 12 (twelve) months after the claim arose.

Forto cycling is not liable for damage of any nature whatsoever that has arisen as a result of
Forto cycling has assumed that the information provided by the Counterparty is incorrect and/or incomplete.
facts.

Article 8 – Payment and invoicing

Unless otherwise stated in the agreement or additional conditions,
the amounts owed by the Counterparty must be paid within 14
(fourteen) days after invoice date.

The other party has the obligation to correct any inaccuracies in information provided or stated
to report payment details to Forto cycling without delay.

If the Counterparty fails to meet its payment obligation(s) in a timely manner, this
Forto cycling will inform the Other Party of the late payment and the Other Party will be given a term of 7
(seven) days to still meet his payment obligations. After the
Failure to pay within this seven-day period shall result in the Counterparty being in
default and therefore also the statutory interest on the amount still owed
owed. Furthermore, Forto cycling is entitled to recover the extrajudicial costs incurred by it
to charge collection costs.

In the event of (reasonable prospect of) bankruptcy, liquidation or suspension of payments or
a debt restructuring within the framework of the WSNP are the claims of Forto cycling on
Counterparty towards Forto cycling immediately due and payable.

Payments made by the Counterparty shall always serve to settle the first
place of all interest and costs due, secondly of due
invoices that have been outstanding the longest, even if the Counterparty indicates that the
satisfaction relates to a later invoice.

Article 9 – Delivery

The place of delivery is the address that the Counterparty has made known to Forto cycling.
made.

The risk of damage and/or loss of products rests with Forto cycling until the
time of delivery and placement at the Counterparty or a previously designated and
representative known to Forto cycling, unless expressly stated otherwise
agreed.

All delivery times are indicative. Any stated terms may be subject to change.
Counterparty cannot derive any rights. Exceeding a term does not give
Counterparty not entitled to compensation.

Forto cycling will adhere to a delivery period of maximum 2 working days.

Packages are shipped with PostNL.

Article 10 – Complaints

The counterparty can no longer invoke a defect in the performance if he
not within 2 (two) months after he discovered the defect or reasonably
should have discovered at Forto cycling protested in this matter. If there is any question of
a visible defect upon delivery is subject to a period of 48 (forty-eight) hours after
delivery.

The other party must give Forto cycling at least 4 (four) weeks to resolve the complaint.
to be resolved by mutual agreement.

If a complaint is not submitted to Forto cycling within the periods stated in the previous paragraphs
has been reported, the product is deemed to correspond to the agreement and
to function in accordance with the agreement.

Article 11 – Applicable law

Agreements between Forto cycling and the Counterparty to which these general terms and conditions apply
relate, exclusively Dutch law applies.

If these general terms and conditions and the agreement conflict with each other,
conditions, the conditions included in the agreement apply.

All disputes related to agreements between the Counterparty and Forto cycling,
to which these conditions apply will be settled exclusively by the
Dutch court, unless mandatory regulations provide otherwise.

Article 12 − Survival

The provisions of the general terms and conditions and the agreement that have the effect
to maintain their validity after termination of the agreement,
including but not limited to Article 11 (Applicable law), Article 7
(Liability) and this provision (Survival) shall survive the termination of the
agreement remains in full force and effect.