Terms of service
General terms and conditions of the private limited company WATT E-MOBILITY, with its registered office in Breda, the Netherlands. Filed with the Brabant Chamber of Commerce and Industry under number 96273437.
Version for Consumers
Article 1 Applicability of the conditions
1.1 These conditions apply to all agreements, including distance agreements, as well as every offer and every (legal) act from which such a distance agreement can ensue, (which includes every change or addition to an agreement as well as all (legal) actions in preparation and in implementation of that agreement, including these conditions and any other specifications and conditions as applicable to the agreement) of the private company WATT E-MOBILITY, hereinafter referred to as: WATT E-MOBILITY, and any agreement between WATT E-MOBILITY and a consumer, not acting in the exercise of a profession or business, to which WATT E-MOBILITY has declared these terms and conditions applicable, and insofar as the parties have not explicitly deviated from these terms and conditions in writing.
1.2 A distance contract is defined as a contract within the framework of a system organized by WATT E-MOBILITY for the distance selling of products and/or services, in which up to the conclusion of the contract, use is made exclusively of technologies for distance communication, meaning that the consumer and WATT E-MOBILITY (its employees) are not in each other's physical presence.
1.3 Before a distance contract is concluded, the text of these general terms and conditions shall 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 provide these general terms and conditions in this way to the consumer, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at WATT E-MOBILITY and will be sent free of charge as soon as possible upon request.
1.4 The agreement between the consumer and WATT E-MOBILITY is finalized when the consumer has received electronic proof of receipt of the agreement from WATT E-MOBILITY.
Article 2 Offers
2.1 The offers made by WATT E-MOBILITY are non-binding. They are valid for a period of thirty days, unless otherwise indicated in writing. Prices stated in an offer are exclusive of VAT and stated in Euros and exclusive of shipping costs. Prices in non-EU countries are exempt from VAT. The customer is responsible for import duties and similar national taxes.
2.2 Each quote and/or offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance thereof. This concerns in particular the price including taxes, any delivery costs, the manner in which the agreement will be concluded and which actions are required for this purpose, whether or not the right of withdrawal is applicable, the method of payment, delivery or implementation of the contract, the period for acceptance or the period for honoring the price, the level of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic tariff for the means of communication used, whether the agreement will be filed after it has been concluded, and if so, how it can be consulted by the consumer; furthermore, the manner in which the consumer, prior to the conclusion of the agreement, can check the information provided by him as part of the agreement and correct it if desired; and the minimum duration of the distance agreement in the case of an extended transaction.
Article 3 Agreement
3.1 Offers displayed by WATT E-MOBILITY are not binding on WATT E-MOBILITY and only apply as an invitation to place an order, which order only leads to a final agreement between the parties after WATT E-MOBILITY has accepted and confirmed the order in writing and has executed the order. WATT E-MOBILITY will then charge the price that is applied in accordance with the most recent price list of WATT E-MOBILITY. WATT E-MOBILITY strives to ensure that the most recent prices in euros are always listed on the price list on the WATT E-MOBILITY website, but reserves the right to deviate from the listed price, more specifically if the prices shown do not correspond to the most current price list used by WATT E-MOBILITY due to technical malfunctions or the actions of third parties. WATT E-MOBILITY will inform the consumer in such cases. The consumer will then be able to invoke the right to terminate the agreement. If this right is not exercised within 8 days of notification by WATT E-MOBILITY, WATT E-MOBILITY will implement the agreement in accordance with the provisions of this article.
3.2 Subject to the above, an agreement is also concluded when the consumer accepts an offer and meets the corresponding conditions. If the consumer has accepted the offer electronically, WATT E-MOBILITY will immediately confirm receipt of acceptance of the offer electronically. The consumer can dissolve the contract as long as receipt of acceptance has not been confirmed.
3.3 If the agreement is concluded electronically, WATT E-MOBILITY will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer wishes to pay electronically, WATT E-MOBILITY will observe appropriate security measures.
3.4 WATT E-MOBILITY will send the following information to the consumer with the product or service, 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 exercise 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 information included in article 2, paragraph 2 of these conditions, unless WATT E-MOBILITY has already provided this information to the consumer 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 of indefinite duration .
3.5 WATT E-MOBILITY may - within the law - ascertain whether the consumer can meet their payment obligations, as well as all the facts and factors relevant to responsibly entering into the agreement on other party. If, based on this investigation, WATT E-MOBILITY has good reason not to enter into the agreement, it is entitled to refuse an order or request, giving reasons, or to attach special conditions to the execution .
3.6 Notwithstanding the foregoing, WATT E-MOBILITY may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market over which WATT E-MOBILITY has no influence. This exposure to fluctuations and the fact that any stated prices are target prices are stated in the offer.
Article 4 Delivery ring
4.1 Delivery will be made ex-warehouse of WATT E-MOBILITY in the Netherlands or any other location designated by WATT E-MOBILITY, unless otherwise agreed in writing.
4.2 The consumer is obliged to take delivery of the purchased goods at the time of delivery . The risk of loss, theft and damage with regard to the products to be delivered shall 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, shall be borne by the consumer ent.
4.3 If at any time WATT E-MOBILITY has reasonable doubt regarding the creditworthiness of the consumer, WATT E-MOBILITY has the right, before (further) performing, to demand that the consumer makes an advance payment or provides security, to the amount of the sums that WATT E-MOBIL ITY, whether or not due and payable from the consumer, has or will have to claim, such at the discretion of WATT E-MOBILITY.
4.4 If the consumer does not pay on the due date, WATT E-MOBILITY is entitled to refuse any further delivery of goods or services until payment has been made in full.
Article 5 Right of withdrawal right
5.1 When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for a period of 14 (fourteen) days. This period commences on the day after the consumer receives the product or a representative previously designated by the consumer and made known to WATT E-MOBILITY. .
5.2 During this period, the consumer shall handle the product and the packaging with care. He shall 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 shall return the product with all delivered accessories and - if reasonably possible - in the original condition and packaging to WATT E-MOBILITY, in accordance with the reasonable and clear instructions provided by WATT E-MOBILITY. .
5.3 If the consumer exercises his right of withdrawal, he shall only be responsible for the costs of return shipment.
5.4 If the consumer has paid an amount, WATT E-MOBILITY shall refund this amount as soon as possible, but no later than 14 days after the goods have been returned and the consumer has withdrawn from the contract.
Article 6 Delivery time d
6.1 Delivery times are approximate and are provided by WATT E-MOBILITY to the best of its knowledge, but are not binding on WATT E-MOBILITY . If the stated delivery time is exceeded, the consumer shall first be entitled to terminate the agreement after WATT E-MOBILITY has been given written notice of default, allowing a reasonable period of time for fulfillment, and delivery has not been made within this period . In that case, the consumer cannot assert any right to compensation, except insofar as provided for by law, or non-fulfillment of any obligation on his part arising from the agreement .
6.2 In the event of a delay in delivery compared to the expected delivery date stated in the previous paragraph, WATT E-MOBILITY will inform the consumer .
6.3 The estimated delivery time stated by WATT E-MOBILITY commences at the moment that the acceptance of the offer by the consumer has been confirmed in writing by WATT E-MOBILITY and all information or resources necessary for the execution of the delivery have been received by WATT E-MOBILITY from the consumer .
6.4 Subject to the provisions of these general terms and conditions, WATT E-MOBILITY shall execute accepted orders with due speed, but no later than within 30 days, unless a longer delivery period was agreed . If delivery is delayed, or if an order cannot be filled or can be filled only partially, the consumer will be informed of this no later than one month after placing the order. In that case, the consumer has the right to terminate the contract without penalty . In the event of dissolution in accordance with this paragraph, WATT E-MOBILITY will refund the amount that the consumer has paid as soon as possible, but no later than 30 days after the dissolution.
6.5 WATT E-MOBILITY has the right at all times to fulfill an agreement in parts and to demand payment for these parts . In the case of partial deliveries, these are deemed to be based on separate agreements, to which these terms and conditions apply.
Article 7 Images, drawings, models, etc.
7.1 Images, drawings, size and weight specifications, models or samples are only provided to the consumer by WATT E-MOBILITY by way of indication . The quality of the goods to be delivered may differ from the image, the drawing, the measurements and weight specifications, the model or the sample, unless it is explicitly stated in writing that delivery will be in accordance with the information provided.
Article 8 Warranty Warranty
8.1 The provisions of the WATT E-MOBILITY Warranty Program apply to all WATT E-MOBILITY products unless explicitly agreed otherwise in writing and. In all other respects, the terms and conditions and guarantees of the producers and third parties who supply goods to WATT E-MOBILITY apply. At the consumer's request, WATT E-MOBILITY will inform the consumer about the applicability and content of the guarantee(s) provided by these producers and third parties, insofar as this guarantee is.
8.2 A guarantee provided by WATT E-MOBILITY, the manufacturer or importer does not affect the legal rights and claims that the consumer can assert against WATT E-MOBILITY on the basis of the agreement
Article 9 Retention of title old
9.1 All goods delivered by WATT E-MOBILITY remain its property until the consumer has fulfilled all obligations from agreements (of whatever nature) concluded with WATT E-MOBILITY . The retention of title referred to here also extends to claims due to failure to fulfill the agreement referred to in this article, including claims for damages and compensation for extrajudicial and judicial costs, contractual and statutory interest, as well as fines and penalties.
Article 10 Defects / complaint period 10.1 The consumer must carefully inspect the purchased goods upon delivery or have them inspected. The consumer must check whether the delivered goods comply with the agreement, namely: Whether the correct goods have been delivered; Whether the delivered goods correspond with the number stated on the accompanying consignment note.
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10.2 If visible defects to the packaging or shortages are detected, the consumer must report these visible defects or shortages to WATT E-MOBILITY immediately by telephone upon delivery and subsequently in writing within a maximum of 5 working days after delivery ng.
10.3 The consumer must report any non-visible defects in delivered goods to WATT E-MOBILITY by telephone immediately after discovery and subsequently confirm this in writing within seven days, on the understanding that such defects must be reported to WATT E-MOBILITY by the consumer within three months of delivery at the latest. ld.
10.4 After the discovery of any defect, the consumer is obliged to immediately cease using the product(s) in question and furthermore to do and/or refrain from doing everything reasonably possible to prevent (further) dam .
10.5 WATT E-MOBILITY is not liable with regard to the defect in question if the consumer fails to fulfill the provisions of paragraphs 1 to 4 of this article.
Article 11 Collection costs ten
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 of obtaining an out-of-court settlement, in accordance with the Voorwerk II report, will be borne by the consumer. ment. In any case, the consumer owes a minimum of €40, 15% of the first €2,500 and 10% of the next €2,500. If WATT E-MOBILITY demonstrates that it has incurred higher costs that were reasonably necessary, these will also be eligible for compensation .
Article 12 Liability
12.1 The total liability of WATT E-MOBILITY is always limited to compensation for damages of at most the invoice value of the goods delivered by WATT E-MOBILITY to the consumer for which the claim is made . Under no circumstances shall the total compensation for damages exceed what WATT E-MOBILITY receives from its insurance company, whereby WATT E-MOBILITY is obliged to maintain reasonable insurance. .
12.2 Liability of WATT E-MOBILITY for direct damage is excluded, except in the case of intent or gross negligence or otherwise arising from any legal obligation to pay compensation. Direct damage is exclusively understood to mean :
a) damage to property, which is understood to mean material damage as well as defective or non-functioning of other material damage to other property of the consumer and/or third parties;
b) costs of necessary alterations and/or changes in equipment to limit or repair direct damage damage;
c) reasonable costs incurred to determine the cause and extent of the damage, insofar as the determination relates to the 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 a limitation of direct damage as referred to in this article icle.
12.3 Except insofar as mandatory law does not allow a limitation of liability, the total liability of WATT E-MOBILITY for damage resulting from death or physical injury, in deviation from the provisions of this article , the maximum amount paid out to WATT E-MOBILITY by its insurance company, whereby WATT E-MOBILITY is obliged to maintain reasonable insurance. 12.4 Liability of WATT E-MOBILITY for indirect damage: including all damage other than consequential damage, loss of profit, missed savings, damage due to business interruption, damage due to loss of data, environmental damage and/or immaterial damage is excluded. cluded.
12.5 Any legal claims with regard to damages shall expire within twelve months after discovery of the damage.
Article 13 Email messages
13.1 Within the framework of these general terms and conditions and all agreements, an email message can 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, the log file data of WATT E-MOBILITY will serve as conclusive evidence .
13.3 Email messages are considered to have been received if they are accessible to the other party, which in any case includes the moment that they have reached the mailbox of the receiving party.
Article 14 Telecommunication Facilities
14.1 The party that uses telecommunication facilities is responsible for the choice of these facilities. . If WATT E-MOBILITY uses telecommunications facilities, and if data corruption or a delay in transmission occurs during data transport, WATT E-MOBILITY will be liable for the resulting damage, without prejudice to the other provisions of the General Terms and Conditions only if and insofar as this damage can be recovered from the relevant telecom provider and subject to any legal basis on the basis of which WATT E-MOBILITY can be held liable for damages.
Article 15 Materials and digital information t
15.1 All materials and digital information relating to the order and which should be made available to the consumer in this context will be transferred to the consumer at the first request of the consumer, but only after the consumer has fulfilled all his obligations towards WATT E-MOBILITY. The costs for the data carriers required for this purpose shall be borne by the consumer . The same applies to the consumer with regard to materials and digital information from WATT E-MOBILITY, unless otherwise agreed.
Article 16 Data and files
16.1 These conditions apply to the websites operated by WATT E-MOBILITY and to all services offered and delivered by WATT E-MOBILITY via the internet. d.
16.2 WATT E-MOBILITY treats consumer data with the strictest confidence. This data is not made available to third parties, unless WATT E-MOBILITY is required to do so by law, or when necessary for the delivery of services. WATT E-MOBILITY applies, at the very least, the applicable legal regulations for privacy .
16.3 If the consumer provides data to WATT E-MOBILITY, this data will be stored in a file. If the consumer places an order via a WATT E-MOBILITY website, WATT E-MOBILITY will register these orders according to . 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 will also be used to make the consumer personal offers, unless the consumer indicates via the WATT E-MOBILITY website that he/she objects to this The file can also be used to create statistical and personal analyses.
16.5 Some of the WATT E-MOBILITY files may be registered with the Dutch Data Protection Authority in The Hague, in accordance with the provisions of the Dutch Personal Data Protection Act. The holder of the file is WATT E-MOBILITY B.V. in Breda. a.
16.6 WATT E-MOBILITY draws the consumer's attention to the fact that it is not possible to prevent third parties from registering, for example, the frequency with which the consumer visits the WATT E-MOBILITY websites.
Article 17 Intellectual property rights.
1 7.1 If the consumer sends a message to WATT E-MOBILITY, for example with the aim of publishing that message via a WATT E-MOBILITY website, the consumer thereby grants WATT E-MOBILITY the right to publish, reproduce and/or edit that message (including the name provided by the consumer) without any further compensation being due. s.
17.2 All intellectual property rights relating to the WATT E-MOBILITY websites, including the software, texts, images and sounds, are vested in WATT E-MOBILITY and/or in those from whom WATT E-MOBILITY has obtained a license . This means, among other things, that it is not permitted to publish, reproduce and/or edit the information on the WATT E-MOBILITY websites without the permission of WATT E-MOBILITY, except for personal use.
Article 18 Security id
18.1 Data provided by the consumer to WATT E-MOBILITY regarding bank account numbers or credit cards are sent over the internet via a secure protocol. Other registrations and orders are not sent securely. d.
18.2 WATT E-MOBILITY periodically runs a virus check to ensure as much as possible that the WATT E-MOBILITY websites are and remain virus-free. However, WATT E-MOBILITY cannot guarantee that the websites are virus-free.
Article 19 Information via the WATT E-MOBILITY website es
19.1 Information that the consumer finds on the WATT E-MOBILITY website has been compiled with great care. However, WATT E-MOBILITY cannot guarantee that the information on the website is complete and correct at all times . As a user, the consumer is always responsible for his or her own decisions and the resulting and related actions, even if these decisions are made based on the information as displayed on the WATT E-MOBILITY website.
9.2 Information on the WATT E-MOBILITY websites is periodically updated . This also applies to the general terms and conditions that apply to other services offered via the websites. The amended terms and conditions come into effect as soon as they are posted on the site.
19.3 If the consumer finds errors on the WATT E-MOBILITY websites, WATT E-MOBILITY would greatly appreciate it if the consumer would report this to WATT E-MOBILITY .
19.4 If the WATT E-MOBILITY site contains links to third-party websites, it is important that WATT E-MOBILITY chooses the websites to which it refers with the greatest possible care. However, WATT E-MOBILITY cannot guarantee the content and functioning of third-party websites.
Article 20 Shipping conditions and
20.1 All shipments are made through third parties. Delivery is always subject to availability. The purchase agreement becomes effective from the moment that WATT E-MOBILITY meets its conditions, i.e. it only becomes legally valid when the product is delivered. s.
20.2 All shipments are insured during the transportation period. The customer must check the package for any damage immediately after delivery. Any damage must be reported to the supplier within 24 hours.
Article 21 Dispute resolution and applicable law ht
21.1 Any agreement between WATT E-MOBILITY and the consumer shall be governed exclusively by Dutch law. All disputes arising in connection with the agreement to which these general terms and conditions apply, including disputes about the existence and validity thereof, shall be settled by the combined judge of the Breda
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