TERMS & CONDITIONS
Welcome to FietsID.com.
All users of FietsID.com and BikeFair.nl websites and all their subdomains agree in full with its Terms & Conditions ("Terms") as well as with the Privacy Policy as stated below.
TERMS & CONDITIONS
Welcome to Fiets ID!
These terms and conditions outline the rules and regulations for the use of Fiets ID‘s Website. By accessing this website we assume you accept these terms and conditions. Do not continue to use Fiets ID‘s website if you do not agree to take all of the terms and conditions stated on this page.
GENERAL
Terminology, Governing Law
Fiets ID is located in Netherlands, and these terms and all eventual disputes are governed by the Dutch law.
The following terminology applies to these Terms and Conditions and Privacy Policy: "User", “Client”, “You”, and “Your” refers to you, the person visiting this website and compliant to the Fiets ID’s terms and conditions. “Fiets ID”, “FietsID.com”, “BikeFair”, “BikeFair.nl”, “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to Fiets ID.com. “Party”, “Parties”, or “Us”, refers to both You and Ourselves.
All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the User in the most appropriate manner for the express purpose of meeting the User’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Cookies
We employ the use of cookies. By accessing Fiets ID’s website, you agreed to use cookies in agreement with the Fiets ID’s privacy policy.
Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.
License
Unless otherwise stated, Fiets ID and/or its licensors own the intellectual property rights for all material on FietsID.nl All intellectual property rights are reserved. You may access this from FietsID.nl for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
- Republish material from nl;
- Sell, rent or sub-license material from nl;
- Reproduce, duplicate or copy material from nl;
- Redistribute content from nl.
Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
- System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources;
- com community sites;
- associations or other groups representing charities;
- online directory distributors;
- internet portals;
- accounting, law and consulting firms; and
- educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of BikeFair; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to team@bikefair.nl. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
- By use of our corporate name; or
- By use of the uniform resource locator being linked to; or
- By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of BikeFair’s logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links or content from our website
If you find any link or content on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove content but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
Copyright
BikeFair.nl is the sole owner of the content available on BikeFair.nl, including the website system and Services. It is forbidden to replicate or otherwise copy the content without written consent of BikeFair.nl.
MARKETPLACE
One of the key services of BikeFair.nl is providing middleman services between third party sellers (“Sellers”) of bicycles (“Products”) and their customers (“Buyers”). Both Sellers and Buyers are independent of BikeFair, and BikeFair does not in any way intervene in ownership of the Product.
Compliance with Law
Both Seller and Buyer must comply with the Dutch law in all their actions performed on BikeFair and BikeFair Marketplace.
Buying
Purchase Process
The purchase process is as follows:
- Buyer picks a bicycle of her/his choice and proceeds to check-out. Check-out process is considered closed with submitting the payment.
- Upon payment, Buyer receives an email confirmation and contact information of the Seller. Seller, on the other hand, receives contact information of the Buyer. Contact information in both of these cases consist of full name, email address, phone number, and address needed for the delivery and/or pickup of the Product. Hereby both Buyer and Seller explicitly agree with sharing their contact information as specified above.
- By the moment of the payment, a 36-hour period for setting up a hand-over of the Product starts, and 72-hour period for hand-over itself. Either of the periods may be extended by mutual agreement between Buyer and Seller, but for no longer than 30 days since the payment. BikeFair will enquire both sides about the hand-over.
- In case there is no provable reaction to Seller’s enquiries from the Buyer and no hand-over meeting is set up, Seller has the right to cancel the purchase. We urge both Buyer and Seller to communicate politely and as urgently as possible.
- Until the hand-over is done and Buyer has the Product in her/his possession, Buyer has right to cancel her/his purchase at any time. This includes an immediate decision not to proceed with the hand-over of the Product on the hand-over meeting. In such cases, the money paid for the Product will be returned in full amount. Seller waives the right to cancel the transaction, as specified below in these Terms.
- Buyer is aware that she/he is bound by the law to CHECK THE FRAME/PRODUCT NUMBER while receiving the Product from the Seller. This frame/product number must agree with the one stated in the Product Description.
- Disputes will be resolved individually. BikeFair reserves all legal rights in such cases.
In case of inappropriate behaviour, unavailability to communicate via stated contacts, any suspicion of fraud or other illegal action, BikeFair reserves the right to cancel the transaction and reject to serve either side. In such cases, all fees related to the cancelled transactions may be attributed to and demanded from the offender.
Guarantees
All bicycles offered and sold via BikeFair are sold by third parties - Sellers. Sellers are responsible to maintain all Buyer’s rights according to law and respect all other related law and/or policies. BikeFair only acts as a middleman between the Buyers and Sellers with a possibility to add on services to either side. It is therefore unsubstantiated to ask BikeFair for any guarantees for the purchased bicycles, and all such requests and claims are automatically turned down.
Selling
The sale process is as follows:
- Seller fills a sales form indicating his binding interest to sell his bicycle. The Product Description filled in the form must be entirely truthful and correct. By filling the sales form, Seller enters a binding, EXCLUSIVE relationship with BikeFair, whereas BikeFair serves as the only sales intermediary for the Seller. Sellers agree they will not advertise or otherwise attempt to sell the Product themselves, neither will they seek and agree to services of another middleman.
- BikeFair checks all information provided by the Seller, and in case of approval posts the bicycle on its Marketplace platform. As a part of its service, BikeFair may promote the Product on other third-party platforms.
- Upon payment for the Product by Buyer, Seller receives an email confirmation and contact information of the Buyer. Buyer, on the other hand, receives contact information of the Seller. Contact information in both of these cases consist of full name, email address, phone number, and address needed for the delivery and/or pickup of the Product. Hereby both Buyer and Seller explicitly agree with sharing their contact information as specified above.
- By the moment of the payment, a 36-hour period for setting up a hand-over of the Product starts, and 72-hour period for hand-over itself. Either of the periods may be extended by mutual agreement between Buyer and Seller, but for no longer than 30 days since the payment. BikeFair will enquire both sides about the hand-over.
- In case there is no provable reaction to Seller’s inquiries from the Buyer and no hand-over meeting is set up, Seller has the right to cancel the purchase. We urge both Buyer and Seller to communicate politely and as urgently as possible.
- Until the hand-over is done and Buyer has the Product in her/his possession, Buyer has right to cancel her/his purchase at any time. This includes an immediate decision not to proceed with the hand-over of the Product on the hand-over meeting. In such cases, the money paid for the Product will be returned in full amount. Seller waives the right to cancel the transaction, as specified below in these Terms.
- Disputes will be resolved individually. BikeFair reserves all legal rights in such cases.
As an entry requirement for using the Marketplace, Sellers are asked to provide complete and entirely truthful information (“Comments” or “Product Description”) regarding the subject of sale. You agree that BikeFair reserves the right to monitor, filter, edit, review or disallow posting of Products and Comments prior to their presence on the website without additional consent. Given the nature of the relationship between the Seller and BikeFair, BikeFair also has the right to share the Product Description according to its own will without any prior approval of the Seller.
IT IS STRICTLY PROHIBITED TO OFFER ILLEGAL PRODUCTS VIA BIKEFAIR, WITH SPECIAL EMPHASIS ON STOLEN PRODUCTS.
Products advertised by other users and Comments of such products do not reflect the views and opinions of BikeFair, its agents and/or affiliates. Sellers’ products and product descriptions reflect the views and opinions of the Seller. To the extent permitted by applicable laws BikeFair shall not be liable for the Products or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or sale and/or appearance of the Comments/Products on this website.
As a user of the Marketplace, you warrant and represent that:
- You are entitled to post and sell the Products on our website and have all necessary licenses and consents to do so;
- The Products and Product Descriptions do not invade any ownership right or intellectual property right, including without limitation copyright, patent or trademark of any third party;
- The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy;
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
Exclusivity
Unless explicitly agreed otherwise, by submitting a product for sale to BikeFair.nl, Sellers agree with exclusive role of BikeFair.nl in sale of their Product. That means that Sellers will not intentionally advertise or otherwise attempt to sell the Product themselves, neither will they seek and agree to services of another middleman.
To prevent sales of unavailable Products, in case the Product offered by Seller is for whatever reason no longer for sale, the Seller agrees to IMMEDIATELY notify BikeFair about this via team@bikefair.nl.
Advertising
No advertising aside of publishing Products for sale is allowed unless otherwise agreed with BikeFair. That includes, but is not exclusive to, promoting brands, sourcing leads, collecting or providing contact information.
Provision
In case of successful sale, Seller always receives the amount he requested for the Product, or the amount he has explicitly agreed on with BikeFair. However, BikeFair is entitled to charge its provision on top of the Seller’s asking price in the amount of 10% of the asking price. This means that the final price of the product offered by Seller is at BikeFair’s decision. We reserve the right to change the provision without prior notice to any amount of our choice.
Providing incorrect or misleading information
Mistakes happen, and we always try to avoid complicating everyone's life by bureaucratic interventions. However, given our goal to eliminate bike theft, we are very serious regarding incorrect information about the frame number. In such case, we are obliged to consider all possible steps. In case there is a suspicion the information was provided incorrectly on purpose, we will even consider reporting the bicycle to the police. Please make sure that the Product Description, and particularly the information about frame number, is filled in correctly.
In case of providing incorrect or misleading information of any kind, we reserve the right to refuse to service you.
OTHER SERVICES
All Other Complementary Services ("Other Services") - Bike Detective Tool, Bike Legality Tester and all others, if not otherwise specified in these Terms - are voluntary services for the benefit of BikeFair Marketplace users, and are not in any way a base for changing or adjusting existing law. None of the conclusions or statements provided by these tools are legally binding.
PRIVACY POLICY
Types of Data collected
Among the types of Personal Data that BikeFair collects, by itself or through third parties, there are: Cookies, Usage Data, first name, last name, address, country, email address, phone number, Product Description and other various types of personal data and data regarding users’ bicycles.
Complete details on each type of Personal Data collected are provided in the dedicated sections of this privacy policy or by specific explanation texts displayed prior to the Data collection.
The Personal Data may be freely provided by the User, or, in case of Usage Data, collected automatically when using BikeFair.
All Data requested by BikeFair is mandatory and failure to provide this Data may make it impossible for BikeFair to provide its services. In cases where BikeFair specifically states that some Data is not mandatory, Users are free not to communicate this Data without any consequences on the availability or the functioning of the service. Users who are uncertain about which Personal Data is mandatory are welcome to contact BikeFair.
Any use of Cookies – or of other tracking tools – by BikeFair or by the owners of third party services used by BikeFair serves the purpose of providing the service required by the User, in addition to any other purposes described in the present document.
Users are responsible for any third party Personal Data obtained, published or shared through this Application and confirm that they have the third party's consent to provide the Data to the Owner.
Mode and place of processing the Data
Methods of processing
The Data Controller processes the Data of Users in a proper manner and shall take appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data.
The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Data Controller, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of the site (administration, sales, marketing, legal, system administration) or external parties (such as the opposite buying/selling party on the BikeFair Marketplace or third party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Data Controller at any time.
Place
The Data is processed at the Data Controller's operating offices and in any other places where the parties involved with the processing are located. For further information, please contact the Data Controller.
Retention time
The Data is kept for the time necessary to provide the service requested by the User, or stated by the purposes outlined in this document, and the User can always request that the Data Controller suspend or remove the data.
The use of the collected Data
The Data concerning the User is collected to allow BikeFair to provide its services, as well as for the following purposes: Analytics, Platform services and hosting and Contacting the User.
Detailed information on the processing of Personal Data
Personal Data is collected for the following purposes and using the following services:
Analytics
The services contained in this section enable the Owner to monitor and analyze web traffic and can be used to keep track of User behavior.
Google Analytics (Google Inc.)
- Google Analytics is a web analysis service provided by Google Inc. (“Google”). Google utilizes the Data collected to track and examine the use of this Application, to prepare reports on its activities and share them with other Google services.
Google may use the Data collected to contextualize and personalize the ads of its own advertising network. - Personal Data collected: Cookies and Usage Data.
- Place of processing: US – Privacy Policy– Opt Out
Contacting the User
Contact form, Bike Detective Tool, Bike Legality Tester, BikeFair Marketplace
By filling in the contact form with their Data, the User authorizes BikeFair to use these details to reply to requests for information, quotes or any other kind of request as indicated by the form’s header or service’s description.
Personal Data collected: first name, last name, address, country, email address, phone number, information necessary to perform both outgoing and incoming financial transactions, Product Description and Other various types of personal data and data regarding users’ bicycles.
All platform services and hosting
- These services have the purpose of hosting and running key components of this Application, therefore allowing the provision of this Application from within a unified platform. Such platforms provide a wide range of tools to the Owner – e.g. analytics, user registration, commenting, database management, e-commerce, payment processing – that imply the collection and handling of Personal Data. Some of these services work through geographically distributed servers, making it difficult to determine the actual location where the Personal Data are stored.
WordPress
- WordPress is a platform that allows the Owner to build, run and host BikeFair.
- Personal Data collected: various types of Data as specified in the privacy policy of the service.
- Place of processing: USA – Privacy Policy
Additional information about Data collection and processing
Legal action
The User's Personal Data may be used for legal purposes by the Data Controller, in Court or in the stages leading to possible legal action arising from improper use of BikeFair or the related services.
The User declares to be aware that the Data Controller may be required to reveal personal data upon request of public authorities.
Additional information about User's Personal Data
In addition to the information contained in this privacy policy, BikeFair may provide the User with additional and contextual information concerning particular services or the collection and processing of Personal Data upon request.
System logs and maintenance
For operation and maintenance purposes, BikeFair and any third party services may collect files that record interaction with BikeFair (System logs) or use for this purpose other Personal Data (such as IP Address).
Information not contained in this policy
More details concerning the collection or processing of Personal Data may be requested from the Data Controller at any time. Please see the contact information at the beginning of this document.
The rights of Users
Users have the right, at any time, to know whether their Personal Data has been stored and can consult the Data Controller to learn about their contents and origin, to verify their accuracy or to ask for them to be supplemented, cancelled, updated or corrected, or for their transformation into anonymous format or to block any data held in violation of the law, as well as to oppose their treatment for any and all legitimate reasons. Requests should be sent to the Data Controller at team@bikefair.nl.
BikeFair does not support “Do Not Track” requests. To determine whether any of the third party services it uses honor the “Do Not Track” requests, please read their privacy policies.
Changes to this privacy policy
The Data Controller reserves the right to make changes to this privacy policy at any time by giving notice to its Users on this page. It is strongly recommended to check this page often, referring to the date of the last modification listed at the bottom. If a User objects to any of the changes to the Policy, the User must cease using BikeFair and can request that the Data Controller remove the Personal Data. Unless stated otherwise, the then-current privacy policy applies to all Personal Data the Data Controller has about Users.
All users of FietsID.com, BikeFair.nl websites and all their subdomains agree in full with its Terms & Conditions ("Terms") as well as with the Privacy Policy as stated below.
