Table of contents

• Article 1 - Definitions
  
• Article 2 - Identity of the entrepreneur
  
• Article 3 - Applicability
  
• Article 4 - The offer
  
• Article 5 - The Agreement
  
• Article 6 - Right of withdrawal
  
• Article 7 - Costs in case of termination
• Article 8 - Exclusion of the right of withdrawal
  
• Article 9 - The price
  
• Article 10 - Conformity and warranty
  
• Article 11 - Delivery and execution
  
• Article 12 - Duration transactions: duration, termination and extension
  
• Article 13 - Payment
• Article 14 - Complaints procedure
  
• Article 15 - Disputes
  
• Article 16 - Additional conditions for dealers
  
• Article 17 - Additional terms and conditions for affiliates
  

Article 1 - Definitions

The following definitions apply in these terms and conditions:

• Reflection period: the period during which the consumer can exercise his right of withdrawal;
• 
  Consumer: the natural person who does not act in the exercise of a profession or business and who concludes a distance contract with the entrepreneur;
• Day: calendar day;
• Transaction duration: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over a certain period of time;
• Durable medium: any instrument which enables the consumer or the entrepreneur to store information addressed personally to him in a way accessible for future consultation and unaltered reproduction of the stored information;
• Right of withdrawal: the option for the consumer to cancel the distance contract within the withdrawal period;
• Model form: the model withdrawal form made available by the trader that a consumer can fill in when he wants to exercise his right of withdrawal;
• 
  Entrepreneur: The natural or legal person who offers products and/or services remotely to consumers;
• Distance contract: an agreement concluded between the consumer within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, whereby up to and including the conclusion of the agreement exclusive use is made of one or more techniques for distance communication;
• Long-distance communication technology: means that can be used to conclude a contract without the consumer and the trader being in the same room at the same time;
• General terms and conditions: the general terms and conditions of the entrepreneur below.

Article 2 - Identity of the entrepreneur

Kobra Bikes BV
Tappersweg 14 - 41
2031 EV Haarlem
Phone number: +31 85 080 6631
Chamber of Commerce number: 87734974

Article 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the consumer will be informed before the distance contract is concluded that the general terms and conditions are available for inspection at the company and that they will be sent to the consumer free of charge as soon as possible upon request.

If the distance contract is concluded electronically, notwithstanding the preceding paragraph, and prior to the conclusion of the distance contract, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, the consumer will be informed before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise upon the consumer's request.

If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting general terms and conditions, the consumer can always rely on the provision that is most favourable to him.

If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or invalid, the agreement and these general terms and conditions will remain in force for the remainder and the provision in question will be replaced without delay by mutual agreement by a provision that approximates the purport of the original provision as closely as possible.

Situations that do not fall under these general terms and conditions must be assessed "in the spirit" of these general terms and conditions.

Any ambiguities regarding the interpretation or content of one or more provisions of our general terms and conditions shall be interpreted in the spirit of these general terms and conditions.

Article 4 - The offer

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

The offer is non-binding. The entrepreneur reserves the right to modify and adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the entrepreneur uses images, these provide a true representation of the products and/or services offered. Obvious errors or mistakes in the offer are not binding on the entrepreneur.

All images and specifications in the quotation are indicative and cannot give rise to compensation or termination of the agreement.

The product images accurately represent the products offered. However, the company cannot guarantee that the colors shown accurately reflect the actual colors of the products.

Each offer contains sufficient information to clearly indicate to the consumer the rights and obligations associated with accepting the offer. This includes, in particular:

• the price including taxes;
• the shipping costs, if applicable;
• The manner in which the agreement is concluded and the actions required for this;
• Whether or not the right of withdrawal applies;
• the method of payment, delivery and execution of the agreement;
• the period for accepting the offer, or the period in which the entrepreneur guarantees the price;
• the amount of the tariff for distance communication if the costs for using the distance communication technology are calculated on a basis other than the regular basic tariff for the means of communication used;
• Whether the agreement will be archived after expiry and, if so, how the consumer can view it;
• The manner in which the consumer can check and, if necessary, correct the information provided by him in connection with the contract before concluding the contract.

Article 5 - The Agreement

Subject to the provisions of paragraph 4, the agreement is concluded when the consumer accepts the offer and meets the associated conditions.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer can cancel the agreement.

If the agreement is concluded electronically, the entrepreneur will implement appropriate technical and organizational measures to protect electronic data transfer and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will implement appropriate security measures.

The entrepreneur can, within the legal framework, investigate whether the consumer can meet their payment obligations, and can also examine all facts and factors relevant to a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has valid reasons not to enter into the contract, they are entitled to refuse an order or request or, subject to conditions, to impose special conditions on its execution.

The entrepreneur will send the consumer the following information in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:

• the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
• the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notice regarding the exclusion of the right of withdrawal;
• the information about warranties and the existing after-sales service;
• the information referred to in Article 4, paragraph 3, of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to the conclusion of the agreement;
• The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In a fixed-term transaction, the provision of the previous paragraph only applies to the first delivery.

Each contract is entered into under the condition precedent that the products concerned are sufficiently available.

Kobra Bikes or any other entity is not liable for damage caused by the use of the products. Ensure you use and handle the products correctly.

Article 6 - Right of withdrawal

Upon delivery of products:

• When purchasing products, consumers have the right to cancel the agreement within 14 days without giving reasons. This cooling-off period begins on the day after the consumer, or a representative designated by the consumer and made known to the company, receives the product.
  
  
  
• During the cooling-off period, the consumer must handle the product and packaging with care. You may unpack and inspect the product as you would in a store. Do not use the product. For bicycles, do not use it or test ride it outdoors. We may charge costs for any diminished value resulting from use beyond what is necessary for the inspection. If the consumer exercises their right of withdrawal, they must return the product with all included accessories and – if reasonably possible – in its original condition and packaging to the entrepreneur, in accordance with the entrepreneur's reasonable and clear instructions.
  
  
  
• If the consumer wishes to exercise their right of withdrawal, they are required to notify the entrepreneur within 14 days of receiving the product. They must do so using the standard form. After indicating their intention to exercise their right of withdrawal, they must return the product within 14 days. The consumer must demonstrate that the delivered goods were returned on time, for example, with proof of shipment.
  
  
  
• If the customer has not indicated that he wishes to exercise his right of withdrawal after the expiry of the periods mentioned in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase is a fact.

In case of service provision:

• In the case of services, the consumer has the option to cancel the agreement without giving any reason for at least 14 days, starting from the day the agreement was concluded.
  
  
  
• In order to exercise his right of withdrawal, the consumer must comply with the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

Article 7 - Costs in case of termination

If the consumer exercises his right of withdrawal, in the worst case scenario, the costs of return shipment will be at his expense.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after cancellation. This is provided that the product has already been received by the entrepreneur or that convincing proof of complete return can be provided.

Article 8 - Exclusion of the right of withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at the latest at the time of conclusion of the contract.

Exclusion of the right of withdrawal is only possible for products:

• which have been manufactured by the entrepreneur according to the customer's specifications (custom-made);
• that are clearly of a personal nature;
• which after delivery are inseparably mixed with other products and can therefore not be returned;
• that spoil or age quickly;
• the price of which is subject to fluctuations on the financial market over which the entrepreneur has no influence;
• for individual newspapers and magazines;
• for sealed audio and video recordings and sealed computer software, of which the consumer has broken the seal after delivery;
• for sealed products which are not suitable for return for reasons of health protection or hygiene and of which the consumer has broken the seal after delivery;
• for the supply of digital content which is not supplied on a tangible medium of communication, if the performance has begun with the consumer's prior express consent and the consumer has acknowledged that he thereby loses his right of withdrawal.

Exclusion of the right of withdrawal is only possible for services:

• relating to accommodation, transportation, restaurant activities or leisure activities taking place on a specific date or during a specific period;
• the supply of which has begun with the express consent of the consumer before the cooling-off period has expired;
• which have been fully performed, provided that the performance has begun with the consumer's prior express consent and the consumer has acknowledged that he will lose his right of withdrawal once the contract has been fully performed by the trader;
• relating to betting and lotteries.

Article 9 - The price

During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except in the case of price changes due to changes in VAT rates.

Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market beyond the entrepreneur's control, with variable prices. This connection with fluctuations and the fact that all prices quoted are target prices will be stated in the offer.

Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of legal regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

• they are the result of legal regulations or provisions; or
• The consumer is entitled to terminate the agreement on the day on which the price increase takes effect.

The prices stated in the offer of products or services include VAT.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing or typographical errors, the entrepreneur is not obligated to supply the product at the incorrect price.

Article 10 - Conformity and warranty

The trader guarantees that the products and/or services comply with the agreement, the specifications stated in the quotation, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations applicable on the date of the contract. If agreed, the trader also guarantees that the product is suitable for other than normal use.

A guarantee provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the entrepreneur under the agreement.

Any defects or incorrectly delivered products must be reported to the company in writing within 24 hours of delivery. Returns must be in their original packaging and in new condition.

The entrepreneur's warranty period matches the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

• The consumer has repaired and/or modified the delivered products themselves or has had this done by a third party;
• The delivered products have been exposed to abnormal conditions or otherwise treated carelessly, or have been treated contrary to the instructions of the entrepreneur and/or on the packaging;
• The defectiveness is wholly or partly the result of regulations which the government has imposed or will impose with regard to the nature or quality of the materials used.

Article 11 - Delivery and execution

The Company will exercise the utmost care in receiving and executing orders for products and in assessing requests for service provision.

The place of delivery is the address provided by the consumer to the company.

Subject to the provisions of paragraph 4 of this article, the company will fulfill accepted orders as soon as possible, but no later than 30 days, unless the consumer has agreed to a longer delivery time. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will receive this notification no later than 30 days after placing the order. In that case, the consumer has the right to cancel the agreement free of charge. The consumer is not entitled to compensation.

All terms and conditions of delivery are indicative. Consumers cannot derive any rights from these terms. Exceeding a delivery date does not entitle the consumer to compensation.

In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after the dissolution.

If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement item. The fact that a replacement item is being delivered will be clearly and comprehensibly stated at the time of delivery. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipping are borne by the entrepreneur.

The risk of damage to and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative announced to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Duration transactions: duration, termination and extension

Termination

The consumer may terminate an indefinite-term contract entered into for the regular supply of products (including electricity) or services at any time, subject to the agreed termination rules and a maximum notice period of one month.

The consumer may terminate a fixed-term contract entered into for the regular supply of products (including electricity) or services at any time at the end of the fixed term, taking into account the applicable termination rules and a notice period of up to one month.

The consumer can enter into the agreements mentioned in the previous paragraphs:

• Cancellation can be made at any time and is not limited to cancellation at a specific time or during a specific period;
• at least end in the same manner as in which he entered into them;
• Always cancel with the same notice period as that set by the entrepreneur.

Innovation

A fixed-term contract for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed period. Notwithstanding the preceding paragraph, a fixed-term contract for the regular supply of daily newspapers, weekly newspapers, and magazines may be tacitly renewed for a fixed period of up to three months, provided the consumer can cancel this extended contract at the end of the extension period with a notice period of up to one month.

A fixed-term contract entered into for the regular supply of products or services may only be tacitly extended for an indefinite period if the consumer can cancel the contract at any time with a notice period of up to one month, and with a notice period of up to three months if the contract was entered into for the regular, but less than monthly, supply of daily newspapers, newspapers, weeklies and magazines.

A contract with a limited duration for the regular delivery of trial days, newspapers and magazines (trial or introductory subscription) is not automatically renewed and ends automatically at the end of the trial or introductory period.

Duration

If a contract has a term of more than one year, the consumer can terminate the contract at any time after one year with a notice period of up to one month, unless reasonableness and fairness oppose termination before the end of the agreed term.

Article 13 - Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 business days after the start of the cooling-off period referred to in Article 6, paragraph 1. In the case of a service agreement, this period begins after the consumer receives confirmation of the agreement.

The consumer is obliged to immediately report any inaccuracies in the payment details provided or stated to the entrepreneur.

In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge reasonable costs that have been communicated to the consumer in advance.

Article 14 - Complaints procedure

The entrepreneur has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.

Complaints regarding the performance of the agreement must be submitted to the entrepreneur within 7 days of discovering the defects, fully and clearly described.

Complaints submitted to the entrepreneur will be answered within 14 days of receipt. If processing a complaint is expected to take longer, the entrepreneur will send an acknowledgement of receipt within this 14-day period, indicating when the consumer can expect a more detailed response.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

In the event of a complaint, a consumer should first contact the entrepreneur. Complaints that cannot be resolved amicably must be resolved by the consumer. Trusted Shops (https://www.trstd.com/), which will mediate free of charge. If there is still no solution, the consumer has the option of having their complaint handled by Stichting GeschilOnline (www.geschilonline.nl). The decision is binding, and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this dispute committee incurs costs, which the consumer must pay to the committee in question. Complaints can also be submitted via the European ODR platform: http://ec.europa.eu/odr ).

A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.

If the entrepreneur considers a complaint to be justified, he will, at his own discretion, replace or repair the delivered products free of charge.

Article 15 - Disputes

Agreements between the entrepreneur and the consumer to which these terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad. The Vienna Sales Convention does not apply.

Article 16 - Additional conditions for dealers

16.1 Definitions

In addition to the definitions in Article 1 of these Terms and Conditions, the following definitions apply to Dealers:

• Dealer: Any natural or legal person who, in the exercise of a profession or business, has entered into an agreement with KOBRA for the distribution of KOBRA BIKES products.
• 
  Partnership: The commercial relationship between KOBRA BIKES and the dealer, whereby the dealer sells and promotes KOBRA BIKES products.
• Marketing materials: All materials provided by KOBRA, such as images, logos, videos, text, and other content, will be used to promote KOBRA BIKES.
• Intellectual Property: All brand names, designs, logos, images, and other materials are the property of KOBRA and are protected by intellectual property rights and/or images containing elements protected by KOBRA's intellectual property rights.

16.2 Applicability

16.2.1 These additional conditions apply to the collaboration between KOBRA and the dealer.

16.2.2 The general terms and conditions of KOBRA, as set out in the previous articles, remain applicable to the relationship between KOBRA and the Dealer, unless expressly stated otherwise in this article.

16.2.3 KOBRA reserves the right to unilaterally amend these terms and conditions at any time. Amendments will be communicated to the dealer in writing or by email and will take effect 30 days after notification.

16.3 Entering into the collaboration

16.3.1 The partnership between KOBRA and the dealer is formally established when the dealer registers on the KOBRA platform, indicating that it concerns a dealer registration.

16.3.2 By completing the registration and explicitly opting for a dealer account, the dealer agrees to these terms and conditions, including the provisions specifically relating to dealers as set out in this article.

16.3.3 After registration, the dealer will receive confirmation and access to KOBRA, which will immediately activate the partnership, unless KOBRA requires additional approvals. KOBRA reserves the right to refuse a registration without giving reasons.

16.4 Use of marketing materials and intellectual property.

16.4.1 KOBRA grants the dealer a limited, non-exclusive, and non-transferable right to use KOBRA's intellectual property and marketing materials for commercial purposes during the term of the partnership, solely for the promotion and sale of KOBRA bicycles.

16.4.2 This right automatically expires upon termination of the partnership. Upon termination, the Dealer must immediately cease using all intellectual property and marketing materials and remove all physical and digital versions thereof.

16.4.3 The dealer may not make any changes to the marketing materials provided by KOBRA without the written permission of KOBRA.

16.4.4 KOBRA reserves the right to prohibit the dealer from using intellectual property and marketing materials at any time if KOBRA believes such use is harmful to KOBRA's reputation, name, or brand. This may be done without prior notice and without any compensation to the dealer.

16.5 Support and training

16.5.1 KOBRA can provide the dealer with support in the form of marketing materials, product information, and training. The purpose of this is to help the dealer promote and sell KOBRA correctly.

16.5.2 The dealer is obligated to attend or accept the training and support offered by KOBRA to be fully informed about KOBRA's products and promotional strategies.

16.6 Monitoring and quality control

16.6.1 KOBRA reserves the right to monitor dealer activities at any time to ensure that KOBRA's sales and promotion are conducted in accordance with agreed guidelines.

16.6.2 KOBRA may conduct unannounced quality inspections at the dealer's points of sale to verify that the products are presented and sold correctly. If any defects are found, the dealer must remedy them immediately.

16.7 Confidentiality

16.7.1 The dealer is obligated to keep all confidential information received in connection with its collaboration with KOBRA strictly confidential. Confidential information includes all non-public information regarding KOBRA, pricing, marketing strategies, and business processes.

16.7.2 This confidentiality obligation shall remain in effect even after termination of the collaboration, unless the information has been lawfully disclosed without breach of this Agreement.

16.8 Sales through third parties or online platforms.

16.8.1 The dealer is not authorized to sell KOBRA through third parties or online platforms, such as marketplaces or auction sites, without prior written permission from KOBRA.

16.8.2 The dealer may not offer products on online platforms without written permission, even for its own account, if KOBRA has reasonable grounds to believe that this could negatively impact its brand image or price stability. (Supplemented)

Article 17 – Additional Terms for Affiliates

17.1 Definitions

In addition to the definitions in Article 1 of these Terms and Conditions, the following definitions apply to Affiliates:

• Affiliate : Any natural or legal person who has registered and been approved to promote KOBRA BIKES products and receives a commission for doing so.
• 
  Program : KOBRA BIKES's affiliate program, in which affiliates can earn commissions by referring customers to KOBRA BIKES.
• Affiliate Link : Unique URL or code provided to the Affiliate to refer customers to KOBRA BIKES, through which commissions can be earned.

17.2 Participation and Acceptance

17.2.1 By registering for the KOBRA BIKES Affiliate Program, the Affiliate agrees to these terms and conditions.
17.2.2 KOBRA reserves the right to reject or accept the affiliate application at its sole discretion. The Affiliate has no legal recourse if the affiliate application is rejected.

17.3 Committees

17.3.1 Commissions are paid monthly to the Affiliate. To qualify for a commission, the referred account must remain active for at least 31 days.

17.3.2 Self-referrals are not permitted and the Affiliate will not receive any commission on his or her own accounts.

17.3.3 Commissions are paid only for completed transactions. Transactions that result in chargebacks or refunds are not eligible for payout.

17.4 Termination of Participation

17.4.1 The Affiliate's participation in the Program may be suspended or terminated for the following violations:

• Inappropriate advertising (false claims, misleading hyperlinks, etc.);
• Spamming (mass emailing, mass newsgroup messages, etc.);
• Advertising on websites that promote illegal activities;
• Failure to disclose the affiliate relationship as required by government or Federal Trade Commission (FTC) law, regulation, or other relevant regulation;
• Infringement of KOBRA BIKES' intellectual property rights, including unauthorized use of trademarks or logos;
• Self-referrals or fraudulent transactions;
• Fraudulent or misleading activities.
  
  

17.4.2 KOBRA reserves the right to terminate the Affiliate account without giving any reason or prior notice.

17.5 Use of Affiliate Links

17.5.1 The Affiliate may use graphic and text links on their own website, in emails, and in advertisements. The Affiliate may also advertise KOBRA BIKES through offline media such as newspapers and magazines.

17.5.2 The Affiliate may use graphics or self-made advertisements provided by KOBRA, provided that these comply with the conditions and do not conflict with the provisions under Article 17.4 (Termination of Participation).

17.6 Coupon and Deal Websites

17.6.1 KOBRA occasionally offers discount codes to certain affiliates and newsletter subscribers. If the affiliate has not received an approved discount code, they may not promote discount codes.

17.6.2 Affiliates may not use misleading text or buttons to suggest that a discount code is available, unless explicitly provided by KOBRA.

17.6.3 Affiliates may not use pop-ups, iframes, or other techniques to place an affiliate cookie without the user's clear and explicit consent.

17.7 Payment Policy for Pay Per Click (PPC)

17.7.1 PPC bidding is not permitted without prior written permission from KOBRA. Affiliates who participate in PPC campaigns without permission will be immediately removed from the Program.

17.8 Liability

17.8.1 KOBRA BIKES is not liable for any indirect or incidental damages (such as loss of revenue or commissions) resulting from affiliate tracking errors, loss of database files, or any other damages resulting from disruptions to the Program or the website.

17.8.2 KOBRA makes no guarantees regarding the operation of the Program or the KOBRA BIKES website and is not liable for interruptions or errors in the operation of the Program.

17.9 Term of the Agreement

17.9.1 This Agreement shall enter into force upon acceptance of the Affiliate into the Program and shall terminate upon termination of the Affiliate's account.

17.9.2 KOBRA reserves the right to amend these terms and conditions. If the Affiliate does not agree to the amendments, the sole option is to terminate the Affiliate account. Continued use of the Program is deemed acceptance of the amendments.

17.10 Indemnification

17.10.1 The Affiliate shall indemnify and hold harmless KOBRA BIKES and its subsidiaries, directors, employees, and affiliates from all claims, costs, damages, and legal fees arising from any negligence, fraud, or misconduct by the Affiliate.

17.11 Electronic Signature

17.11.1 This agreement is an electronic agreement that establishes the legal terms of participation in the KOBRA BIKES Affiliate Program. By completing the registration, the Affiliate electronically consents to the terms of this agreement, which has the same legal force as a handwritten signature.

17.12 Abuse and Fraud

17.12.1 KOBRA reserves the right to investigate the Affiliate account at any time for possible fraudulent activity, including but not limited to false referrals, clicks, or transactions.

17.12.2 If fraud is detected, the Affiliate will be immediately removed from the Program, any earned commissions will be canceled, and KOBRA reserves the right to take legal action.

17.13 Non-competition clause

17.13.1 The Affiliate may not promote similar or competing products that directly compete with KOBRA BIKES. If KOBRA BIKES determines that the Affiliate is promoting competing products, KOBRA reserves the right to immediately terminate the Affiliate's account and cancel the commissions.

17.14 Restrictions on Advertising Channels

17.14.1 The Affiliate may not promote KOBRA BIKES through unethical or prohibited advertising channels, including but not limited to websites hosting illegal or adult content, or platforms that could damage KOBRA's reputation.

17.14.2 KOBRA BIKES reserves the right to approve or reject advertisements on certain advertising channels.

17.15 Minimum traffic requirement

17.15.1 KOBRA reserves the right to assess Affiliates based on the amount of traffic and/or sales generated. If an Affiliate shows no significant activity within a six-month period, KOBRA reserves the right to terminate the Affiliate account.

17.16 Geographic Restrictions

17.16.1 The Affiliate may only promote KOBRA BIKES in regions where the sale of KOBRA products is legal and where KOBRA operates. KOBRA may impose restrictions on promotion in certain countries or regions.

17.17 Competition Law and Guidelines

17.17.1 The Affiliate is obliged to comply with competition law regulations, as well as all relevant rules and guidelines of supervisory authorities, such as the Federal Trade Commission (FTC) in the US or the Netherlands Authority for Consumers and Markets (ACM) in the Netherlands, for fair advertising and affiliate marketing.

17.18 Tax Responsibility

17.18.1 The Affiliate is responsible for complying with all applicable tax obligations relating to commissions received. KOBRA will not withhold or remit taxes on behalf of the Affiliate, unless required by law.

17.19 Dispute Resolution

17.19.1 In the event of a dispute between KOBRA and the Affiliate regarding the Program, both parties will attempt to resolve the dispute amicably. If this is not possible, the dispute will be submitted to the competent court in the Netherlands.

17.20 Limitation of Liability

17.20.1 KOBRA BIKES is not liable for loss of revenue or commissions due to technical issues, such as server outages or malfunctions in the affiliate tracking system.

17.21 Penalty clause

17.21.1 If the Affiliate violates the provisions of these Terms and Conditions, particularly regarding fraudulent activities (Article 17.12), infringement of intellectual property rights (Article 17.4), or promoting KOBRA BIKES through unauthorized channels (Article 17.14), KOBRA has the right to impose a fine on the Affiliate. This fine amounts to €2,500 (two thousand five hundred euros) per violation per day, without prejudice to KOBRA's right to claim full damages if the actual damages suffered exceed the fine amount.

17.21.2 The fine referred to in Article 17.21.1 shall become due without any notice of default being required at the time the violation is established by KOBRA.

17.21.3 In addition to the fine, KOBRA may terminate the partnership with the Affiliate and cancel the commissions as described in Article 17.4, and take legal action to prevent or recover further damages.

17.21.4 Affiliates are obligated to correct any violations within 10 business days. If the violation is not corrected within this period, KOBRA may impose an additional fine of €2,500 per day for each day the violation continues.

Management of Kobra Bikes BV