In these terms and conditions, the following terms shall have the following meanings:

1. App: the Gazelle app through which the Consumer (i) gains insight into the location and data of the Connected e-bike from Gazelle and (ii) can report theft of the Connected e-bike quickly to Gazelle and any law enforcement services;

2. Connected e-bike: an electric bicycle equipped in Gazelle's factory with an integrated IoT module (including GPS tracking module) functionally linked to the Gazelle App, placed on the market by or on behalf of Gazelle under the commercial name ‘Gazelle Protect’ or ‘Gazelle Connect’;

3. Cooling-off Period: the period of fourteen (14) Days within which the Consumer may exercise their Right of Withdrawal;

4. Consumer: the natural person who is acting for purposes which are outside their trade, business, craft or profession;

5. Day: calendar day;

6. Service: the digital GPS tracking service with data connection offered by Gazelle via the App;

7. Distance Contract: a Contract aimed at the regular delivery of goods, (digital) services and/or digital content during a specified period;

8. Durable Medium: any instrument – including e-mail – which enables the Consumer or Gazelle to store information addressed personally to them in a way accessible for future reference for a period of time adequate for the purposes of the information, and which allows the unchanged reproduction of the stored information;

9. Gazelle: Koninklijke Gazelle N.V., a legal entity offering products, (access to) digital content and/or (digital) services (at a distance) to Consumers;

10. Gazelle Connect or Gazelle Protect: the commercial names for the data subscription required for using the GPS tracking service including data connection offered by Gazelle via the Gazelle App. A Connected e-bike falls either under the Gazelle Connect label (which generally includes a free initial subscription period for the data connection and, for certain specific models sold in the Netherlands, Germany, Belgium, Austria, and Denmark, also one year of free theft insurance), or under the Gazelle Protect label (which does not include a free subscription period for the data connection nor an included (free) insurance);

11. Right of Withdrawal: the option for the Consumer to withdraw from the Contract within the Cooling-off Period;

12. IoT Module: smart hardware built into Connected e-bikes by Gazelle connected to the mobile network. This module ensures the e-bike can be tracked using GPS. This is clearly indicated on the frame of the e-bike by means of a lock icon;

13. Model Withdrawal Form: the European Model Withdrawal Form included in Annex I of these terms and conditions;

14. Contract: the distance contract concluded between Gazelle and the Consumer at the moment a Consumer concludes a Gazelle Connect or Gazelle Protect subscription via the App.

Statutory name: Koninklijke Gazelle N.V.
Registered office address: Wilhelminaweg 8 / P.O. Box 1, 6951 BP / 6950 AA Dieren, The Netherlands
Telephone number: 0900-7070707
E-mail address: klantenservice@gazelle.nl
Website: www.gazelle.nl
Chamber of Commerce (KvK) number: 09165859
VAT number: 818035729B01

1. These terms and conditions apply to the Contract. Before the Contract is concluded, the text of these general terms and conditions shall be made available to the Consumer electronically in such a way that it can be stored by the Consumer in a simple manner on a Durable Medium.

2. To the extent that specific terms and conditions apply in addition to these general terms and conditions, the Consumer may, in the event of conflicting terms and conditions, always rely on the provision that is most favorable to them.

1. If an offer has a limited duration or is subject to conditions, this shall be explicitly stated in the offer.

2. If an offer has a limited duration and this period has expired without a valid (renewal) contract being established, Gazelle expressly reserves the right to cease purchasing data capacity for the benefit of the relevant IoT module and/or GPS tracker. This has the irreversible consequence that the data connection of the relevant Connected e-bike is permanently terminated and the provision of the Service becomes permanently impossible.

3. The offer contains a complete and accurate description of the Service offered. The description is sufficiently detailed to enable a proper assessment of the offer by the Consumer. If Gazelle uses images, these are a true representation of the Service offered. Obvious errors or obvious mistakes in the offer do not bind Gazelle.

4. Each offer contains such information that it is clear to the Consumer what rights and obligations are attached to accepting the offer. This concerns in particular the price including taxes, the duration of the contract and the conditions for terminating the contract, the functionalities of the Service including technical protection measures, relevant compatibility and interoperability, the manner in which the Contract will be concluded and which actions are required for this, the applicability of the Right of Withdrawal, the method of payment, delivery and execution of this Contract, the period for accepting the offer or the period within which Gazelle guarantees the price, whether the Contract will be archived after conclusion, and if so in what way it can be consulted by the Consumer.

1. Subject to the provisions of paragraph 4 of this Article 5, the Contract is concluded at the moment the Consumer accepts Gazelle's offer and meets the conditions attached thereto. Acceptance by the Consumer takes place via a button in the App and payment by the Consumer of the price for the Service for the term agreed upon in the App.

2. If the Consumer has accepted the offer electronically, Gazelle shall promptly confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by Gazelle, the Consumer may dissolve the Contract.

3. Gazelle may, within statutory frameworks, inform itself whether the Consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the Contract. If, based on this investigation, Gazelle has good grounds not to enter into the Contract, it is entitled to refuse an order or request or to attach special conditions to the execution, stating reasons.

4. Gazelle shall, at the latest upon confirmation of the conclusion of the Contract, make the following information available to the Consumer in such a way that it can be stored by the Consumer in an accessible manner on a Durable Medium:

   1. the contact details of Gazelle where the Consumer can go with complaints;

   2. the conditions under which and the manner in which the Consumer can exercise the Right of Withdrawal;

   3. the price including all taxes of the Service;

   4. the method of payment, delivery or execution of the Contract;

   5. the information included in Article 4 paragraph 3 of these general terms and conditions, unless Gazelle has already provided this information to the Consumer prior to the execution of the Contract;

   6. the Model Withdrawal Form as included in Annex I.

1. The Consumer can dissolve the Contract within a Cooling-off Period of 14 Days without giving any reasons.

2. The Cooling-off Period referred to in paragraph 1 of this Article 6 starts on the day following the conclusion of the Contract (being: the moment the Consumer accepted Gazelle's offer).

3. The risk and the burden of proof for the correct and timely exercise of the Right of Withdrawal lie with the Consumer.

1. If the Consumer exercises their Right of Withdrawal, they shall notify Gazelle within the Cooling-off Period by means of the Model Withdrawal Form (attached as Annex 1) or in another unambiguous manner.

2. If the Consumer withdraws after having explicitly requested that the performance of the Service commence during the Cooling-off Period, the Consumer shall owe Gazelle an amount proportional to that part of the obligation fulfilled by Gazelle at the moment of withdrawal compared to full compliance with the obligation.

1. If Gazelle makes the notification of withdrawal by the Consumer possible electronically, it shall immediately send an acknowledgment of receipt on a durable medium after receiving this notification.

2. Gazelle shall reimburse all payments received from the Consumer (excluding those in Article 7 paragraph 2) promptly and within 14 Days following the Day on which the Consumer notifies it of the withdrawal.

3. Gazelle shall use the same payment method for reimbursement as used by the Consumer, unless the Consumer agrees to a different method. Reimbursement is free of charge for the Consumer.

1. During the period of validity stated in the offer, the price of the Service offered shall not be increased, except for price changes resulting from changes in VAT rates.

2. Gazelle shall not increase the price of the Service within 3 months after conclusion of the Contract, unless it is obliged or entitled to do so as a result of statutory provisions.

3. Gazelle is entitled to implement price increases starting 3 months after conclusion of the Contract. If a price increase does not result directly from a change in laws or regulations, the Consumer has the right to terminate the Contract starting from the day the price increase takes effect. If the Consumer does not terminate the Contract at the latest on the day the price increase takes effect, they shall be deemed to have agreed to the price change.

4. Gazelle shall communicate any price increases to the Consumer at least 1 month prior to their effective date.

5. Prices stated in the offer include VAT.

Gazelle guarantees that the Service complies with the Contract, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date of conclusion of the Contract, in terms of description, quality, functionality, compatibility, interoperability, and other characteristics. The Service will be delivered in the most recent version, with all reasonable accessories, instructions including installation instructions, and customer service, as specified in the Contract, and provided with updates.

1. Gazelle shall deliver the Service to the Consumer as soon as possible after conclusion of the Contract, unless agreed otherwise by the parties. Delivery takes place by making the Service accessible to the Consumer.

2. Gazelle delivers the Service in the most recent version available at the time of concluding the Contract, unless agreed otherwise by the parties.

1. The parties enter into the Contract for the duration of the term agreed upon in the App. After this, the Contract expires automatically and is not renewed.

2. The Consumer may terminate the Contract prematurely via the App, if:

   1. the Consumer has permission from Gazelle;

   2. Gazelle fails to fulfill its obligations under the Contract; and/or

   3. there are valid grounds justifying termination of the Contract.

3. If the Consumer terminates before the Contract automatically expires after the duration of one (1) year, Gazelle is entitled to charge a reasonable termination fee. This termination fee shall not exceed the price the Consumer would have paid if they had not terminated.

4. Upon termination of the Service, regardless of the manner and time (for instance by expiry of the term or by termination), the Consumer is not entitled to a refund of fees already paid in connection with Gazelle Connect or Gazelle Protect.

1. Unless provided otherwise in the Contract or additional terms, amounts owed by the Consumer must be paid immediately upon conclusion of the Contract.

2. The Consumer has the duty to report inaccuracies in provided payment details to Gazelle without delay.

3. Gazelle is entitled to render access to the Service impossible with immediate effect and/or terminate the Contract with immediate effect if Gazelle is unable to collect the fee due via the specified payment method, or if an already collected amount is reversed/charged back.

1. All (intellectual property) rights attached to or arising from (the content of) (parts of) the Service belong to Gazelle and/or Gazelle's licensors. No part of the Service may be reproduced in any form or by any means by the Consumer, except to the extent expressly permitted under these terms and conditions.

2. The Consumer cannot derive any rights regarding the content of the Service from entering into this Contract. All data requested by the Consumer remains the property of Gazelle or its suppliers/licensors.

1. Gazelle does not guarantee that the Service is fully available at all times, and excludes all liability for damages related to the lack of availability of (parts of) the Service, unless this is the result of intent or gross negligence on the part of Gazelle or should otherwise reasonably be at Gazelle's expense pursuant to the law.

2. Gazelle is not liable for any damages, of whatever nature or extent, resulting from the Service not working (properly) if this is caused by circumstances reasonably beyond its sphere of influence (including but not limited to the circumstances described in Article 16 paragraph 2).

1. Without prejudice to its other rights, Gazelle has the right in case of force majeure, at its own option, to suspend performance of the Service, or dissolve the Contract without judicial intervention, without Gazelle being obliged to pay any compensation, unless this would be unacceptable in the given circumstances according to standards of reasonableness and fairness.

2. Force majeure shall mean any failure that cannot be attributed to Gazelle because it is not due to its fault, nor accountable to it under law, legal act, or generally accepted practice, including (but not limited to) (a) inadequate or defective hardware, software or internet connections on the part of the Consumer; (b) the (whether or not phased) phasing out, shutdown or modification of mobile network infrastructure (including but not limited to 2G, 3G, 4G or 5G networks) by telecom operators; (c) suspension of payments, bankruptcy or business cessation of third parties engaged by Gazelle who manage or operate (parts of) the (network) infrastructure required for the Service.

Gazelle processes personal data in accordance with applicable privacy laws and regulations. For more information on the processing of personal data, Gazelle refers to the Privacy Statement, which can be found via this link: https://www.gazellebikes.com/en-gb/privacy.

1. Gazelle may unilaterally modify these terms and conditions at any time. Modifications to these terms and conditions shall only be effective after they have been made available to the Consumer in an appropriate manner (including by e-mail). If the modifications mean that the Service changes to such an extent that it deviates substantially from the promised performance, the Consumer is entitled to dissolve the Contract.

2. In the event of modifications to these general terms and conditions during the term of an offer, the provision most favorable to the Consumer shall prevail.

1. Complaints can be submitted to Gazelle by sending an e-mail to klantenservice@gazelle.nl.

2. If the Consumer is not satisfied with the handling of a complaint by Gazelle, this complaint can be submitted to the Dispute Committee via the European ODR Platform (http://ec.europa.eu/consumers/odr/).

1. Dutch law applies to this Contract. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

2. All disputes between Gazelle and the Consumer shall be settled by the competent court of the Gelderland District Court or the court of the Consumer's place of residence or, failing that, the court of the Consumer's actual place of residence.