General terms and conditions
General terms and conditions of the private company WATT MOBILITY, established in Breda, the Netherlands. Filed with the Chamber of Commerce and Industry Brabant under number 70247145
Article 1 Applicability of the conditions
1.1 These terms and conditions apply to all agreements, including the distance contract as well as any offer and (legal) act from which such a distance contract may arise, (including any amendment or addition to an agreement as well as all (legal) ) acts in preparation and for the execution of that agreement including these conditions and any other specifications and conditions as applicable to the agreement) of the private company WATT MOBILITY, hereinafter referred to as: WATT MOBILITY, and any agreement between WATT MOBILITY and a consumer, not acting in the exercise of a profession or business, to which WATT MOBILITY has declared these conditions applicable and insofar as the parties have not explicitly deviated from these conditions in writing.
1.2 There is a distance contract if, within the framework of a system of distance sales of products and / or services organized by WATT MOBILITY, up to and including the conclusion of the agreement, only techniques for distance communication are used, therefore without the consumer and (employees of) WATT MOBILITY being in each other's personal presence.
1.3 Before a distance contract is concluded, the text of these general terms and conditions will be made available to the consumer electronically, in such a way that they can be easily stored by the consumer. If it is not reasonably possible to make these general terms and conditions available to the consumer, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at WATT MOBILITY and will be made free of charge on request as soon as possible. sent.
1.4 The agreement between the consumer and WATT MOBILITY is concluded when the consumer has electronically received proof of receipt from WATT MOBILITY.
Article 2 Offers
2.1 The offers made by WATT MOBILITY are without obligation. They are valid for a period of thirty days, unless stated otherwise in writing. Prices stated in a quotation are exclusive of VAT and stated in Euro and exclusive of shipping costs. Prices in non-EU countries are exempt from VAT. The customer bears responsibility for import duties and comparable national charges.
2.2 Each offer and / or offer contains such information that it is clear to the consumer what rights and obligations are attached to its acceptance. This concerns in particular the price including taxes, the possible costs of delivery, the manner in which the agreement will be concluded and which actions are necessary for this, whether or not the right of withdrawal applies, the method of payment, delivery or execution of the agreement, the term for acceptance, or the term for the adherence to the price, the level of the rate for distance communication if the costs of using the technique for distance communication are calculated on another basis than the regular basic rate for the means of communication used, whether the contract is filed after conclusion, and if so, how it can be consulted by the consumer and, furthermore, the way in which the consumer, before concluding the contract, can check and if necessary correct information provided under the agreement and the minimum duration of the agreement remotely in the event of an extended transaction.
Article 3 Agreement
3.1 Offers shown by WATT MOBILITY do not bind WATT MOBILITY and only serve as an invitation to place an order, which order will first lead to an agreement between the parties after WATT MOBILITY has accepted and confirmed the order in question in writing and executes it. WATT MOBILITY will then charge the price that is used in accordance with the most current WATT MOBILITY price list. WATT MOBILITY strives to always state the most current prices in Euro on the price list on the WATT MOBILITY website, but reserves the right to deviate from the price shown, in particular if the prices shown are due to technical malfunction or the actions of third parties do not correspond to the most current price list as used by WATT MOBILITY. Where appropriate, WATT MOBILITY will inform the consumer. The consumer will then be able to invoke the right to dissolve the agreement. If this right has not been exercised within 8 days after notification by WATT MOBILITY, WATT MOBILITY will execute the agreement in accordance with the provisions of this article.
3.2 An agreement is, subject to the above provisions, also concluded at the time of acceptance by the consumer of any offer and compliance with the corresponding conditions. If the consumer has accepted the offer electronically, WATT MOBILITY will immediately electronically confirm receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement.
3.3 If the agreement is concluded electronically, WATT MOBILITY will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a safe web environment. If the consumer wants to pay electronically, WATT MOBILITY will take appropriate security measures.
3.4 WATT MOBILITY will send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium: the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal, the information about existing after-sales service and guarantees, the data included in article 2 paragraph 2 of these conditions, unless WATT MOBILITY already provides this data to the consumer has provided prior to the execution of the agreement as well as the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
3.5 WATT MOBILITY can - within legal frameworks - inform itself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, WATT MOBILITY has good reasons not to enter into the agreement, it is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
Article 4 Delivery
4.1 Delivery takes place ex warehouse of WATT MOBILITY in the Netherlands or any other location designated by WATT MOBILITY, unless agreed otherwise in writing.
4.2 The consumer is obliged to purchase the items that have been purchased at the time of delivery. The risk of loss, theft and damage with regard to the products to be delivered will pass to the consumer at the time of delivery. If acceptance is refused, the goods will be stored at the expense and risk of the consumer. All additional costs incurred in this way, including but not limited to storage costs, are at the expense of the consumer.
4.3 If at any time WATT MOBILITY has reasonable doubts about the creditworthiness of the consumer, WATT MOBILITY has the right, before (further) performance, to demand from the consumer that advance payment is made or that this is provided in security of amounts. which WATT MOBILITY has or will have to claim, whether or not due and payable by the consumer, at the discretion of WATT MOBILITY.
4.4 If the consumer does not pay on the due date, WATT MOBILITY is entitled to refuse any further delivery of goods or services until payment has been made in full.
Article 5 Right of withdrawal
5.1 When purchasing products, the consumer has the option to dissolve the contract without giving any reason during 14 (fourteen) days. This period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and announced to WATT MOBILITY.
5.2 During this period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories and - if reasonably possible - in the original condition and packaging to WATT MOBILITY, in accordance with the reasonable and clear instructions provided by WATT MOBILITY.
5.3 If the consumer makes use of his right of withdrawal, at most the costs of return will be for his account.
5.4 If the consumer has paid an amount, WATT MOBILITY will refund this amount as soon as possible, but no later than 14 days after cancellation and goods received back.
Article 6 Delivery time
6.1 Delivery times are stated by WATT MOBILITY approximately and to the best of its knowledge, but are not binding for WATT MOBILITY. Exceeding the specified delivery time only gives the consumer the right to dissolve the agreement after WATT MOBILITY has been given notice of default in writing, whereby a reasonable period of time has been observed and delivery has not yet been made within this period. In that case, the consumer will not be entitled to claim any compensation, except insofar as any statutory provision provides for this, or failure to comply with any obligation arising from the agreement.
6.2 In the event of a delay in delivery compared to the estimated delivery date referred to in the previous paragraph, WATT MOBILITY will inform the consumer about this.
6.3 The estimated delivery time stated by WATT MOBILITY commences when the acceptance of the offer by the consumer by WATT MOBILITY has been confirmed in writing and all data or tools necessary for the execution of the delivery have been received by WATT MOBILITY from the consumer.
6.4 Subject to what is stated in these general terms and conditions, WATT MOBILITY will execute accepted orders expeditiously, but at the latest within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than one month after placing the order. In that case, the consumer has the right to terminate the contract at no cost. In case of dissolution in accordance with this paragraph, WATT MOBILITY will refund the amount that the consumer has paid as soon as possible, but no later than 30 days after dissolution.
6.5 WATT MOBILITY has the right at all times to execute an agreement in parts and to demand payment thereof. In the case of partial deliveries, these are deemed to be based on separate agreements, to which these conditions apply.
Article 7 Pictures, drawings, models, etc.
7.1 Pictures, drawings, size and weight statements, models or samples are provided by WATT MOBILITY to the consumer only as an indication. The quality of the goods to be delivered may deviate from the image, the drawing, the size and weight statements, the model or the sample, unless it is expressly stated in writing that the goods will be delivered in accordance with the information provided.
Article 8 Guarantee
8.1 The provisions of the WATT MOBILITY Guarantee Program apply to all WATT MOBILITY products, unless expressly agreed otherwise in writing. Otherwise, the conditions and guarantees of the producers and third parties who supply goods to WATT MOBILITY apply. At the request of the consumer, this will be informed by WATT MOBILITY about the applicability and content of the warranty (s) given by these producers and third parties, insofar as this warranty exists.
8.2 A warranty provided by WATT MOBILITY, the manufacturer or importer does not affect the legal rights and claims that the consumer can assert against WATT MOBILITY under the agreement.
Article 9 Retention of title
9.1 All goods delivered by WATT MOBILITY remain its property until the consumer has fulfilled all obligations under the agreements with WATT MOBILITY (of whatever nature). The retention of title referred to here also extends to claims for failure to comply with the agreement referred to in this article, including claims for damage compensation and compensation of extrajudicial and judicial costs, contractual and statutory interest as well as fines and periodic penalty payments.
Article 10 Defects / complaint terms
10.1 The consumer must carefully inspect the purchased items upon delivery. The consumer must check whether the delivered goods comply with the agreement, namely: whether the correct goods have been delivered; Whether the items delivered correspond in number to the number stated on the accompanying consignment note.
10.2 If visible defects in the packaging or shortages are found, the consumer must report those visible defects or shortages to WATT MOBILITY by telephone immediately upon delivery and in writing within a maximum of 5 working days after delivery.
10.3 Invisible defects in delivered goods, the consumer must report WATT MOBILITY by telephone immediately after discovery and subsequently confirm this in writing within seven days, provided that such defects are not later than three months after delivery to the consumer must be reported to WATT MOBILITY.
10.4 After detecting any defect, the consumer is obliged to immediately cease use of the product (s) concerned and, moreover, to do and / or to do everything reasonably possible to prevent (further) damage.
10.5 WATT MOBILITY is not liable with regard to the defect in question, if the consumer remains in default with regard to the provisions of paragraphs 1 to 4 in this article.
Article 11 Collection costs
11.1 If the consumer is in default or fails to fulfill one or more of his payment obligations and has not paid the amount due within 14 days after a reminder, all reasonable costs, in accordance with the Voorwerk II report, will be incurred in order to obtain payment outside on behalf of the consumer. In any case, the consumer owes, with a minimum of € 40, - 15% over the first € 2,500 and 10% over the next € 2,500. If WATT MOBILITY demonstrates that it has incurred higher costs that were reasonably necessary, these will also be eligible for reimbursement.
Article 12 Liability
12.1 The total liability of WATT MOBILITY is always limited to compensation for damage of a maximum of the invoice value of the goods delivered by WATT MOBILITY for which the claim arose. Under no circumstances will the total compensation for damage exceed what WATT MOBILITY receives from its insurance company, whereby WATT MOBILITY is obliged to maintain reasonable insurance.
12.2 Liability of WATT MOBILITY for direct damage is excluded, except for intent or gross negligence or otherwise arising from any legal obligation to pay compensation. Direct damage exclusively means:
a) damage to goods, including material damage as well as defective or non-functioning and material damage to other properties of the consumer and / or third parties;
b) costs of necessary changes and / or changes in equipment to limit or repair direct damage;
c) reasonable costs incurred to determine the cause and extent of the damage, insofar as the establishment relates to direct damage within the meaning of this article;
d) reasonable costs incurred to prevent or limit damage, insofar as the consumer has demonstrated that these costs have led to limitation of direct damage as referred to in this article.
12.3 Except insofar as mandatory law does not allow a limitation of liability, the total liability of WATT MOBILITY for damage due to death or bodily injury, in deviation from the provisions of this article, amounts to a maximum of what it receives in respect of its insurance company, whereby WATT MOBILITY a reasonable insurance is mandatory to maintain.
12.4 WATT MOBILITY's liability for indirect damage: including all damage other than consequential damage, loss of profit, lost savings, damage due to business interruption, damage due to loss of data, environmental damage and / or immaterial damage.
12.5 Any legal claims with regard to damage will lapse within twelve months of the discovery of the damage.
Article 13 Email messages
13.1 An e-mail message can, in the context of these general terms and conditions and all agreements, be equated with a written statement.
13.2 In the event of a dispute about whether or not email messages have been received or sent, WATT MOBILITY log file data will provide compelling evidence.
13.3 E-mail messages are deemed to have been received if they are accessible to the other party, including in any case the moment they have reached the mailbox of the receiving party.
Article 14 Telecommunication facilities
14.1 The party using telecommunication facilities is responsible for the selection thereof. If WATT MOBILITY uses telecommunication facilities, if data corruption or transmission delay occurs during the transport of data, WATT MOBILITY will be liable for the resulting damage, without prejudice to the other provisions of the General Terms and Conditions, only if and for insofar as this damage can be recovered from the relevant telecom provider and subject to any legal basis on the basis of which WATT MOBILITY can be considered liable to pay damages.
Article 15 Materials and digital information
15.1 All materials and digital information relating to the order and which must be made available to the consumer in this context, will be transferred to the consumer upon the consumer's first request, but only after the consumer has fulfilled all his obligations towards the consumer. WATT MOBILITY will have satisfied. The costs for the required data carriers are for the account of the consumer. The same applies to the consumer with regard to materials and digital information from WATT MOBILITY, unless otherwise agreed.
Article 16 Data and files
16.1 These conditions apply to the websites operated by WATT MOBILITY and to all services offered and provided by WATT MOBILITY over the internet.
16.2 WATT MOBILITY treats the data of the consumer strictly confidential. These are not made available to third parties, unless WATT MOBILITY is legally obliged to do so, or if this is necessary for the provision of the services. WATT MOBILITY applies at least the applicable legal privacy regulations.
16.3 If the consumer provides data to WATT MOBILITY, this data will be recorded in a file. If the consumer places an order via a WATT MOBILITY website, WATT MOBILITY registers those orders by name. The consumer's data will not be made available to third parties, unless this is necessary to fulfill the consumer's order.
16.4 The file containing the consumer's orders is also used to make personal offers to the consumer, unless the consumer indicates that he / she objects to this via the WATT MOBILITY website. The file can also be used for statistical analysis and personal analysis.
16.5 A number of WATT MOBILITY files, in accordance with the provisions of the Personal Data Protection Act, can be registered with the Dutch Data Protection Authority in The Hague. The holder of the file is WATT MOBILITY B.V. in Breda.
16.6 WATT MOBILITY points out to the consumer that it cannot be prevented that third parties can register the frequency with which the consumer visits the WATT MOBILITY websites, for example.
Article 17 Intellectual property rights.
17.1 If the consumer sends a message to WATT MOBILITY, for example for the purpose of publishing that message via a WATT MOBILITY website, the consumer thereby gives WATT MOBILITY the right to publish that message (including the name provided by the consumer), to reproduce it and / or edit without further compensation being due.
17.2 All intellectual property rights relating to the WATT MOBILITY websites, including the software, texts, images and sounds, are vested in WATT MOBILITY and / or those from whom WATT MOBILITY has obtained a license. This means, among other things, that it is not permitted to make public, reproduce and / or edit information stated on the WATT MOBILITY websites without the permission of WATT MOBILITY, except for personal use.
Article 18 Security
18.1 Information that the consumer provides to WATT MOBILITY with regard to bank account numbers or credit cards is sent over the net via a secure protocol. The other registration and orders are not sent securely.
18.2 WATT MOBILITY has a virus check carried out periodically, to ensure as much as possible that the WATT MOBILITY websites are and remain virus-free. However, WATT MOBILITY cannot guarantee the virus freedom of the websites.
Article 19 Information via the WATT MOBILITY websites
19.1 Information that the consumer finds on the WATT MOBILITY website has been compiled with great care. However, WATT MOBILITY cannot guarantee that the information on the website is complete and correct at all times. As a user, the consumer is at all times responsible for his own decisions and the ensuing and related actions, even if these decisions were made on the basis of the information shown on the WATT MOBILITY website.
9.2 Information on the WATT MOBILITY websites is updated periodically. This also applies to the general terms and conditions that apply to other services offered via the websites. The changed conditions will take effect as soon as they are stated on the site.
19.3 If the consumer finds errors on the WATT MOBILITY websites, WATT MOBILITY would appreciate it if the consumer reports this to WATT MOBILITY.
19.4 If the WATT MOBILITY site contains links to websites of third parties, it is important that WATT MOBILITY selects the websites referred to as carefully as possible. However, WATT MOBILITY cannot guarantee the content and functioning of the websites of third parties.
Article 20 Shipping conditions
20.1 All shipments go via PostNL. Delivery is always determined by availability. The purchase agreement takes effect from the moment that WATT MOBILITY meets its conditions, i.e. it only becomes legally valid once the product has been delivered. Our package is sent by registered mail, whereby the customer must sign for receipt.
20.2 All shipments are insured during the period of transport. The customer must check the package immediately after delivery for any damage. Any damage must be reported to the supplier within 24 hours.
20.3 Missing items are sent free of charge within the EU.
20.4 For the costs of shipping, the applicable rates at the time of shipping are applied by PostNL.
Article 21 Dispute resolution and applicable law
21.1 Only Dutch law applies to every agreement between WATT MOBILITY and the consumer. All disputes that arise in connection with the agreement to which these general terms and conditions apply, including disputes about the existence and validity thereof, will be settled by the joined judge of the District Court of Breda.