Terms and Conditions

Terms and Conditions
Email: info@niefactory.com
Website: www.niefactory.nl

1. NIEF SRL, established in Rome (Italy) under Chamber of Commerce no. IT15911521001 .
2. Customer: the person with whom NIEF SRL has entered into an agreement.
3. Parties: NIEF SRL and customer together.
4. Consumer: a customer who is also an individual and who acts as a private person.

Applicability of general terms and conditions
1. These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of NIEF SRL.
2. Parties can only deviate from these terms and conditions if they have expressly agreed so in writing.
3. The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or of third parties.

1. All prices that NIEF SRL uses are in euros, include VAT and exclude any other costs such as administration costs, levies and travel, shipping or transport costs, unless explicitly stated otherwise or agreed otherwise.
2. NIEF SRL can change all prices that NIEF SRL uses for its products, on its website or that are otherwise made known.
3. Increases in the cost prices of products or parts thereof, which NIEF SRL could not foresee at the time of making the offer or the conclusion of the agreement, may give rise to price increases.
4. The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.

1. NIEF SRL may require full payment of the agreed amount upon entering into the agreement.
2. NIEF SRL reserves the right to make a delivery conditional on immediate payment or to demand a security for the total amount of the services or products.

Consequences of not paying on time
1. In the event of liquidation, bankruptcy, attachment or suspension of payment on the part of the customer, the claims of NIEF SRL against the customer are immediately due and payable.
2. If the customer refuses to cooperate with the execution of the agreement by NIEF SRL, he is still obliged to pay the agreed price to NIEF SRL.

Right of advertising
1. As soon as the customer is in default, NIEF SRL is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.
2. NIEF SRL invokes the right of advertising by means of a written or electronic communication.
3. As soon as the customer has been informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to NIEF SRL, unless the parties agree otherwise.
4. The costs for the collection or return of the products will be borne by the customer.

Right of withdrawal
1. A consumer can cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that:
• the bike is clean
• the bicycle is undamaged
• the bike is complete (all the supplied items are present)
• the display shows a maximum of 5 km
• battery and charger are present and, if reasonably possible, the original packaging
•if the bicycle no longer meets the above conditions, the depreciation can be charged
• the consumer has not waived his right of withdrawal

2. The reflection period of 14 days as referred to in paragraph 1 starts:
- on the day after the consumer has received the last product or part of his or her order

3. The consumer can make his appeal to the right of withdrawal known via info@niefactory.com, if desired using the withdrawal form that can be downloaded from the website of NIEF SRL, www.niefactory.nl.

4. The consumer is obliged to return the product to NIEF SRL within 14 days after the notification of his right of withdrawal, failing which his right of withdrawal will lapse.

Reimbursement of delivery costs
Delivery costs of an e-bike ordered by you online are fully borne by NIEF SLR

Reimbursement return costs
If the consumer invokes his right of withdrawal in a timely manner and returns the complete order on time, the costs for returning the complete order will be borne by NIEF SRL.

Right of suspension
Unless the customer is a consumer, the customer waives the right to suspend the performance of any obligation arising from this agreement.

Right of retention
1. NIEF SRL can invoke its right of retention and in that case keep products of the customer in its possession until the customer has paid all outstanding invoices with regard to NIEF SRL, unless the customer has provided sufficient security for those costs.
2. The right of retention also applies on the basis of previous agreements from which the customer still owes payments to NIEF SRL.
3. NIEF SRL is never liable for any damage that the customer may suffer as a result of using his right of retention.

Unless the customer is a consumer, the customer waives his right to set off a debt owed to NIEF SRL against a claim against NIEF SRL.

Retention of title
1. NIEF SRL remains the owner of all delivered products until the customer has fully complied with all his payment obligations towards NIEF SRL on the basis of any agreement concluded with NIEF SRL, including claims for failure to perform.
2. Until that time, NIEF SRL can invoke its retention of title and take back the goods.
3. Before ownership has passed to the customer, the customer may not pledge, sell, alienate or otherwise encumber the products.
4. If NIEF SRL invokes its retention of title, the agreement will be deemed dissolved and NIEF SRL has the right to claim compensation, lost profit and interest.

1. Delivery takes place while stocks last.
2. Delivery takes place at your home, unless the parties have agreed otherwise.
3. Delivery of products ordered online takes place at the address indicated by the customer.
4. If the agreed amounts are not paid or are not paid on time, NIEF SRL has the right to suspend its obligations until the agreed part has been paid.
5. In the event of late payment, there is a default of creditors, with the result that the customer cannot object to a late delivery against NIEF SRL.

Delivery time
1. The delivery times stated by NIEF SRL are indicative and, if they are exceeded, do not entitle the customer to dissolution or compensation, unless the parties have expressly agreed otherwise in writing.
2. The delivery time starts at the moment that the customer has completely completed the (electronic) ordering process and has received an (electronic) confirmation of this from NIEF SRL.
3. Exceeding the specified delivery time does not entitle the customer to compensation or the right to dissolve the agreement, unless NIEF SRL is unable to deliver within 14 days after receiving a written demand to that effect or the parties have agreed otherwise.

Actual delivery
The customer must ensure that the actual delivery of the products ordered by him can take place on time. Transport costs are borne by NIEF SLR.

Packing and Shipping
1. If the packaging of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product, failing which NIEF SRL cannot be held liable. for any damage.
2. If the customer takes care of the transport of a product himself, he must report any visible damage to products or the packaging to NIEF SRL prior to transport, failing which NIEF SRL cannot be held liable for any damage.

Any additional costs as a result of early or late purchase of products will be fully borne by the customer.

Although NIEF SRL., makes every effort to carry out all assembly and/or installation work as well as possible, it bears no responsibility for this except in the case of intent or gross negligence.

1. The warranty with regard to products only applies to defects caused by faulty manufacture, construction or material.
2. The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or incompetent use by the customer, as well as when the cause of the defect cannot be clearly determined.
3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties transfers to the customer at the moment when these are legally and/or actually delivered, or at least come under the control of the customer or from a third party who takes delivery of the product on behalf of the customer.

The customer indemnifies NIEF SRL against all claims from third parties related to the products and/or services supplied by NIEF SRL.

1. The customer must examine a product or service provided by NIEF SRL as soon as possible for any shortcomings.
2. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform NIEF SRL of this as soon as possible, but in any case within 14 days after the discovery of the shortcomings. .
3. The customer provides as detailed a description as possible of the shortcoming, so that NIEF SRL is able to respond adequately.
4. The customer must demonstrate that the complaint relates to an agreement between the parties.
5. If a complaint relates to ongoing work, this can in any case not lead to NIEF SRL being obliged to perform other work than has been agreed.

Notice of default
1. The customer must notify NIEF SRL of any notice of default in writing.
2. It is the customer's responsibility that a notice of default actually reaches NIEF SRL (on time).

Joint and several liability customer
If NIEF SRL enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts owed to NIEF SRL under that agreement.

Liability NIEF SRL
1. NIEF SRL is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or willful recklessness.
2. If NIEF SRL is liable for any damage, it is only liable for direct damage arising from or related to the execution of an agreement.
3. NIEF SRL is never liable for indirect damage, such as consequential damage, lost profit, lost savings or damage to third parties.
4. If NIEF SRL is liable, this liability is limited to the amount that is paid out by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount to which the liability relates.
5. All images, photos, colours, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Expiration period
Any right of the customer to compensation from NIEF SRL expires in any case 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.

Right to dissolution
1. The customer has the right to dissolve the agreement if NIEF SRL imputably fails to fulfill its obligations, unless this shortcoming does not justify termination due to its special nature or minor significance.
2. If the fulfillment of the obligations by NIEF SRL is not permanently or temporarily impossible, dissolution can only take place after NIEF SRL is in default.
3 NIEF SRL has the right to dissolve the agreement with the customer if the customer does not fully or not timely fulfill its obligations under the agreement, or if NIEF SRL has taken cognizance of circumstances that give it good grounds to fear that the customer will not be able to properly fulfill its obligations.

Force of the majority
1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure by NIEF SRL in the fulfillment of any obligation with regard to the customer cannot be attributed to NIEF SRL in a situation independent of NIEF SRL's will, as a result of which the fulfillment of its obligations towards the customer is wholly or partially prevented or as a result of which the fulfillment of its obligations cannot reasonably be expected of NIEF SRL.
2. The force majeure situation referred to in paragraph 1 also includes - but is not limited to: a state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); default and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom outages; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
3. If a force majeure situation occurs as a result of which NIEF SRL cannot fulfill 1 or more obligations to the customer, those obligations will be suspended until NIEF SRL can meet them again.
4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
5. NIEF SRL does not owe any (damage) compensation in a force majeure situation, even if it benefits from any advantage as a result of the force majeure situation.

Amendment of the agreement
1. If after the conclusion of the agreement for its implementation it appears necessary to change or supplement its content, the parties will adjust the agreement accordingly in good time and in mutual consultation.

Change of terms and conditions
1. NIEF SRL is entitled to amend or supplement these general terms and conditions.
2. Minor changes can be made at any time.
3. NIEF SRL will discuss major substantive changes with the customer in advance as much as possible.
4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.

Transfer of rights
1. Rights of the customer from an agreement between the parties cannot be transferred to third parties without the prior written consent of NIEF SRL.
2. This provision applies as a stipulation with property law effect as referred to in Section 3:83(2) of the Dutch Civil Code.

Consequences of nullity or voidability
1. If one or more provisions of these general terms and conditions prove to be invalid or voidable, this will not affect the other provisions of these terms and conditions.
2. In that case, a provision that is void or annullable will be replaced by a provision that comes closest to what NIEF SRL had in mind when drafting the conditions on that point.

Applicable law and competent court
1. Only Dutch law applies to every agreement between the parties.
2. The Dutch court in the district where NIEF SRL is located / has its practice / has its office has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise.

Adopted on July 30, 2022 .