1 Formation of the Agreement
An agreement is formed upon placing an order on the Beach Wagon Company webshop, or by e-mail, telephone, or fax.
By ordering you indicate agreement with the conditions of delivery. The order confirmation is deemed to have been received by you one day after its transmission by Beach Wagon Company. Errors and omissions are entirely for your own account and risk. You may cancel an order in writing and at no cost within 24 hours of placement. Any amount already paid will be refunded to you immediately. Beach Wagon Company is entitled to refuse an order or to attach special conditions to delivery.
These Terms and Conditions apply to all agreements referred to in Article 1 above, with the exclusion of all other general terms and conditions. Variations from these Terms and Conditions must be agreed upon between you and Beach Wagon Company in writing by e-mail. Other stipulations in these Terms and Conditions remain in force unimpaired in addition to the variations as agreed. Beach Wagon Company retains the right to alter or amend these Terms and Conditions and the content of its webshop at all times.
The products offered on the website are described and shown as truthfully as possible. Beach Wagon Company bears no responsibility for any inaccuracy of any nature whatsoever. All articles displayed in the images are examples and may differ in colour or design. No rights can be derived from any differences of this kind. All offers presented on the website are without obligation and subject to product availability.
All prices include VAT and are subject to price changes and printing errors. All prices furthermore include all other taxes and levies imposed by the government, but exclude additional costs such as shipping charges.
All costs for legal assistance incurred by Beach Wagon Company in order to claim its rights under the Agreement or agreements arising from this Agreement, are for your account.
The liability of Beach Wagon Company towards you and any third party for damages arising from or related to the execution of the Agreement is always limited to the price, with the exception of intent or gross negligence on the part of Beach Wagon Company.
7 Competent Court and Dutch Law
Dutch Law is applicable to this Agreement. Applicability of the Vienna Sales Convention (CISG) is hereby excluded. Disputes between parties arising from or related to this Agreement will be brought before the competent court in The Hague.
8 Shopping and Ordering
Our website www.beachwagon.company presents all products with prices, information about delivery periods and costs of delivery. If you have any questions after shopping, please do not hesitate to call us, or send an email for additional information.
Orders will be delivered to the address given by you. We will send confirmation of any order to the e-mail address given by you. The order confirmation will be accompanied by an invoice.
9 Means of Payment
Orders will be delivered once Beach Wagon Company has received payment. If we deliver orders before payment, we expect payment to follow within 14 days of invoice date. Any objection to the amount of an invoice does not affect Purchaser’s obligation to pay.
If Purchaser remains in default of payment within the 14-day payment term, then Purchaser is in default by operation of law (ipso jure). Interest is then duly payable by Purchaser at a rate of 1% per month, unless the statutory interest rate is higher, in which case the statutory interest rate shall apply. Interest on the due debt will be calculated from the time Purchaser enters into default until the time of payment in full.
In the event of liquidation, bankruptcy, seizure or suspension of payment with regard to Purchaser, Beach Wagon Company’s claims on Purchaser become due on demand.
10 Shipment after Ordering
Upon receipt of payment, your order will be shipped within 7 days, if the article is in stock and subject to availability. If an ordered article is not available from stock immediately we will inform you of the expected period of delivery.
All articles that are in stock will be sent to you through a package service. Articles that are not available from stock and that must be ordered cannot be shipped immediately. It may therefore happen that you do not receive all articles from one order in the same delivery. In an event of this kind we will only charge you the shipping costs once.
The package service will deliver your order to your home address (not to the neighbours). If you are not at home, the package service will leave a note and you will be requested to contact the package service within 5 working days in order to arrange a second delivery to your address. Alternatively you can collect the package yourself. This will usually be from an address near your home.
Shipments are always for the account and risk of Beach Wagon Company. The legal date of delivery is when the orders leave our warehouse.
Orders that are returned to us because they were refused at the door or were not collected from the stated address will be dispatched again only after you have paid the additional delivery costs. In this event we will inform you of the additional costs in advance.
The location of delivery is the address that was last stated in writing by e-mail to Beach Wagon Company.
11 Shipment Costs
We use package services for delivery. The delivery costs depend on the number of packages (boxes), the weight of each package and the destination country. The delivery costs are calculated automatically and stated when shopping, and in written form on the invoice.
12 Delivery Period
After acceptance and subject to the availability of the articles, orders are delivered within 7 days in the Netherlands, and within 14 days in other European countries, following receipt of your payment.
If an article ordered cannot be delivered from stock we will inform you of the expected period of delivery within 7 working days.
The maximum delivery period is 30 days following receipt of your order. In the event of exceeding this delivery period Beach Wagon Company will inform you accordingly as soon as possible and will offer you the option of dissolving this Agreement or of cancelling the order at no cost. Any payment already transferred will then be returned to your account within 30 days.
The stated periods of delivery cannot be deemed to be firm dates unless explicitly agreed otherwise in writing.
Beach Wagon Company is not liable for any damage resulting from exceeding the delivery period. Any liability for damages is always limited to the invoice amount.
Orders are processed in the order of receipt of payment. Products are not reserved, unless agreed otherwise.
13 Cooling-off period
From the time of delivery of your order to your home, you have the product on approval for 14 days (cooling-off period). You have the opportunity to inspect the article within this period. The purchase agreement enters into force when the cooling-off period ends.
The cooling-off period starts on the day following order receipt, unless explicitly agreed otherwise in writing.
After receipt of the order you are entitled to dissolve the Agreement with Beach Wagon Company within 7 working days and without being required to state reasons, and you may return the order to us within the cooling-off period.
If you intend to make use of the cooling-off clause then you must notify Beach Wagon Company accordingly in writing within 14 days of delivery.
The cooling-off period is not applicable to products that are made to measure or to your special requirements.
The return shipment is for your account and risk entirely.
Upon return receipt of the order the amount paid will be refunded to you as soon as possible, but no more than 30 days later, after deduction of the shipping costs incurred by Beach Wagon Company and after deduction of electronic payment charges.
You cannot return articles that are damaged or used.
If, for any reason, you are not satisfied with product you received you have the opportunity to exchange the product for another product within 7 days of delivery.
If you wish to make use of this option you must notify Beach Wagon Company accordingly in writing within the above-mentioned 7-day period.
After return receipt of the products by Beach Wagon Company you will receive confirmation of receipt and Beach Wagon Company will ship the new products to you within 30 days. If the costs involved vary higher or lower Beach Wagon Company will discuss the difference with you and make new arrangements in writing.
All shipments, including returns, related to the exchange, are for your account and risk.
The opportunity to exchange does not apply to products that are made to measure or specially made to your requirements.
You cannot exchange articles that are damaged or used.
Beach Wagon Company BV issues a warranty on possible material and construction faults of its products. The warranty clauses cover repair or replacement of original parts at no cost. The following conditions apply in order to qualify under the warranty:
- You must have the original purchase receipt.
- The warranty is non-transferable. Only the first owner is entitled to the warranty.
- The products must be presented to Beach Wagon Company BV for repair within the warranty period.
- Beach Wagon Company BV issues a 2-year warranty on the framework, from the date of purchase (exemptions below), and a 1-year warranty on the other parts (exemptions below). Parts exposed to wear and tear, e.g. tubes and tyres, are excluded from warranty.
No warranty is provided:
- If maintenance has not taken place as described in the manual that was delivered with the products and that can be consulted on our website.
- In the event of lightning strike, damage caused by moisture, or any other causes or contingencies from outside.
- If you are not the first owner.
- If the products have been assembled incorrectly.
- If modifications to components have been made.
- In the event of accidents.
- If the products have been used incorrectly or negligently.
- In the event of hire, sporting and competitive events, or commercial use.
A claim under a warranty must be made in writing by you by e-mail to Beach Wagon Company BV prior to return shipment of the products.
If the submitted claim under warranty is accepted by Beach Wagon Company BV, the cost of return shipment by you, the costs of replacement and/or repair of the product and the shipment of the replacement product will be for the account of Beach Wagon Company BV.
If the claim under warranty is invalid, Beach Wagon Company BV is not obliged to repair the product or to bear any costs. In that case Beach Wagon Company BV will return the product to you in an unaltered state for your account and risk, unless agreed otherwise in writing.
Complaints regarding defects of the purchased products and/or any other complaints must be submitted by you as soon as possible, but no later than 2 months of discovery of a defect of this kind.
After receiving a written complaint Beach Wagon Company will contact with you within 5 working days to report on how the complaint will be handled and what will be involved. Beach Wagon Company strives to deal with every complaint as soon as possible but no later than 30 working days after receipt.
Purchaser must allow Beach Wagon Company to repair any defects without delay, as the occasion arises.
17 Repair and Maintenance
The manual provided by Beach Wagon Company gives maintenance schedules. You can perform the maintenance yourself or approach a bicycle shop for assistance.
Beach Wagon Company is not responsible for repair or maintenance of your products outside the terms of the guarantee.
Beach Wagon Company exercises great care in composing the information provided, which also applies to www.beachwagon.company. Nevertheless Beach Wagon Company is unable to guarantee correctness and completeness regarding the nature and content of the information. Beach Wagon Company cannot be held liable for deviation in prices, images and text and for the consequences of use thereof. Beach Wagon Company retains the right to alter the content of this site at all times. For the websites of third parties referred to in this website, Beach Wagon Company cannot be held liable for the content, nor for damage resulting from use thereof.
All data in our information and websites are subject to intellectual and property rights that are wholly owned by Beach Wagon Company. This information is intended for use by our clients. It is not permitted to copy text, images, or any other matter subject to copyright, in whole or in part, without explicit prior permission in writing from Beach Wagon Company.
Your personal data are used for the prudent processing of your purchases and to inform you about new products or other matters related to Beach Wagon Company. We never make your personal data available to third parties.
The personal data that are processed are those you provide yourself when placing an order. These data are processed and archived. These data are included in Beach Wagon Company’s mailing database only with your permission.
Beach Wagon Lite and Beach Wagon Company are trade names of Beach Wagon Company B.V. The Netherlands
IBAN: NL70RABO 0314 0312 51
Chamber of Commerce no.: 67178367
VAT no.: NL856863233B01