Terms of Service

Article 1 - Definitions

1. slimmelaadpunt.nl: slimmelaadpunt.nl, located in Gorinchem under Chamber of Commerce number 42010296, is referred to as the seller in these general terms and conditions.
2. The counterparty of the seller is referred to as the buyer in these general terms and conditions.
3. The parties are the seller and the buyer together.
4. The agreement refers to the purchase agreement between the parties.

Article 2 - Applicability of general terms and conditions

1. These conditions apply to all offers, proposals, agreements and deliveries of services or goods by or on behalf of the seller.
2. Deviation from these conditions is only possible if explicitly agreed upon in writing by the parties.

Article 3 - Payment

1. The full purchase price is always paid immediately in the webshop. For reservations, a deposit is expected in some cases. In that case, the buyer receives proof of the reservation and the advance payment.
2. If the buyer does not pay on time, he is in default. If the buyer remains in default, the seller is entitled to suspend obligations until the buyer has fulfilled his payment obligation.
3. If the buyer remains in default, the seller will proceed with collection. The costs related to that collection will be borne by the buyer. These collection costs are calculated based on the Decree on compensation for extrajudicial collection costs.
4. In the event of liquidation, bankruptcy, attachment, or moratorium of payment of the buyer, the claims of the seller against the buyer are immediately due and payable.
5. If the buyer refuses to cooperate in the execution of the order by the seller, he is still obliged to pay the agreed price to the seller.

Article 4 - Offers, quotes and price

1. Offers are without obligation, unless a period for acceptance is stated in the offer. If the offer is not accepted within that specified period, the offer expires.
2. Delivery times in quotes are indicative and do not entitle the buyer to dissolution or compensation in case of exceeding them, unless the parties have explicitly agreed otherwise in writing.
3. Offers and quotes do not automatically apply to repeat orders. The parties must explicitly agree on this in writing.
4. The price stated on offers, quotes, and invoices consists of the purchase price including the VAT due and any other government levies.

Article 5 - Right of withdrawal

1. The consumer has the right to dissolve the agreement without stating reasons within 30 days after receipt of the order. The period starts from the moment the entire order has been received by the consumer.
2. There is no right of withdrawal when the products are custom-made according to his specifications or have a short shelf life.
3. There is no right of withdrawal when the products have been installed (warranty then applies).
4. The consumer can use a withdrawal form from the seller. The seller is obliged to make this available to the buyer immediately after the buyer's request.
5. During the cooling-off period, the consumer will handle the product and its packaging with care. He will only unpack 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 unused and undamaged product with all delivered accessories and - if reasonably possible - in the original shipping packaging to the seller, in accordance with the reasonable and clear instructions provided by the entrepreneur.
6. The right of withdrawal expires once the charging point has been installed.

Article 6 - Amendment of the agreement

1. If, during the execution of the agreement, it appears that it is necessary to change or supplement the work to be performed for a proper execution of the assignment, the parties will adjust the agreement accordingly in good time and in mutual consultation.
2. If the parties agree that the agreement is changed or supplemented, the time of completion of the execution may be affected thereby. The seller will inform the buyer of this as soon as possible.
3. If the change or supplement to the agreement has financial and/or qualitative consequences, the seller will inform the buyer of this in writing beforehand.
4. If the parties have agreed on a fixed price, the seller will indicate to what extent the change or supplement to the agreement will result in an exceeding of this price.
5. In deviation from the provisions of the third paragraph of this article, the seller cannot charge additional costs if the change or supplement is the result of circumstances attributable to him.

Article 7 - Delivery and transfer of risk

1. As soon as the purchased item has been received by the buyer, the risk transfers from the seller to the buyer.

Article 8 - Inspection and complaints

1. The buyer is obliged to examine the delivered goods at the time of delivery, or at least as soon as possible. In doing so, the buyer should examine whether the quality and quantity of the delivered goods correspond to what the parties have agreed, or at least that the quality and quantity meet the requirements that apply to them in normal (commercial) traffic.
2. Complaints regarding damage, shortages, or loss of delivered goods must be submitted in writing to the seller by the buyer within 10 working days after the day of delivery of the goods.
3. If the complaint is found to be justified within the stipulated period, the seller has the right to either repair, re-deliver, or refrain from delivery and send the buyer a credit note for that part of the purchase price.
4. Minor and/or customary deviations in the industry and differences in quality, quantity, size, or finish cannot be held against the seller.
5. Complaints regarding a specific product do not affect other products or parts belonging to the same agreement.
6. After processing the goods at the buyer's premises, no more complaints will be accepted.

Article 9 - Samples and models

1. If a sample or model has been shown or provided to the buyer, it is presumed to have been provided only as an indication without the delivered item having to correspond to it. This is different if the parties have explicitly agreed that the delivered item will correspond to it.
2. In agreements concerning immovable property, the mention of the surface area or other dimensions and indications is also presumed to be intended only as an indication, without the delivered item having to correspond to it.

Article 10 - Delivery

1. Delivery takes place 'ex-works/shop/warehouse'. This means that all costs are for the buyer.
2. The buyer is obliged to take delivery of the goods at the moment the seller delivers them to him or has them delivered, or at the moment these goods are made available to him according to the agreement.
3. If the buyer refuses to take delivery or is negligent in providing information or instructions necessary for delivery, the seller is entitled to store the goods at the expense and risk of the buyer.
4. If the goods are delivered, the seller is entitled to charge any delivery costs.
5. If the seller requires data from the buyer for the execution of the agreement, the delivery period commences after the buyer has made these data available to the seller.
6. A delivery period stated by the seller is indicative. This is never a strict deadline. If the period is exceeded, the buyer must give the seller written notice of default.
7. The seller is entitled to deliver the goods in parts, unless the parties have agreed otherwise in writing or partial delivery has no independent value. When delivering in parts, the seller is entitled to invoice these parts separately.

Article 11 - Force majeure

1. If the seller cannot, not timely, or not properly fulfill his obligations under the agreement due to force majeure, he is not liable for damages suffered by the buyer.
2. Force majeure is understood by the parties in any case to mean any circumstance that the seller could not have taken into account at the time of entering into the agreement and as a result of which the normal execution of the agreement cannot reasonably be demanded by the buyer, such as, for example, illness, war or danger of war, civil war and riots, insurrection, sabotage, terrorism, power failure, flood, earthquake, fire, occupation, strikes, lockout, changed government measures, transport difficulties, and other disruptions in the seller's business.
3. Furthermore, the parties understand force majeure to mean the circumstance that suppliers on whom the seller depends for the execution of the agreement fail to fulfill their contractual obligations towards the seller, unless this is attributable to the seller.
4. If a situation as referred to above arises as a result of which the seller cannot fulfill his obligations towards the buyer, these obligations will be suspended for as long as the seller cannot fulfill his obligations. If the situation referred to in the previous sentence has lasted for 30 calendar days, the parties have the right to dissolve the agreement in writing, in whole or in part.
5. In case the force majeure lasts longer than three months, the buyer has the right to dissolve the agreement with immediate effect. Dissolution can only be done by registered letter.

Article 12 - Transfer of rights

1. Rights of a party under this agreement cannot be transferred without the prior written consent of the other party. This provision applies as a clause with proprietary effect as referred to in Article 3:83, second paragraph, Dutch Civil Code.

Article 13 - Retention of title and right of retention

1. The goods present at the seller's premises and the delivered goods and parts remain the property of the seller until the buyer has paid the entire agreed price. Until that time, the seller can invoke his retention of title and take back the goods.
2. If the agreed advance payments are not made or not made on time, the seller has the right to suspend the work until the agreed part has still been paid. This then constitutes default by the creditor. A delayed delivery cannot then be held against the seller.
3. The seller is not authorized to pledge or otherwise encumber the goods subject to his retention of title.
4. The seller undertakes to insure the goods delivered to the buyer under retention of title and to keep them insured against fire, explosion and water damage, as well as against theft, and to provide the policy for inspection at first request.
5. If goods have not yet been delivered, but the agreed advance payment or price has not been paid in accordance with the agreement, the seller has the right of retention. The goods will then not be delivered until the buyer has paid in full and in accordance with the agreement.
6. In the event of liquidation, insolvency or moratorium of payment of the buyer, the obligations of the buyer become immediately due and payable.

Article 14 - Liability

1. Any liability for damage arising from or related to the execution of an agreement is always limited to the amount paid out in the relevant case by the concluded liability insurance(s). This amount is increased by the amount of the deductible according to the relevant policy.
2. The seller's liability for damage resulting from intent or deliberate recklessness of the seller or his senior subordinates is not excluded.

Article 15 - Complaint duty

1. The buyer is obliged to report complaints about the work performed directly to the seller. The complaint must contain as detailed a description as possible of the shortcoming, so that the seller is able to respond adequately.
2. If a complaint is justified, the seller is obliged to repair the good and possibly replace it.

Article 16 - Guarantees

1. If guarantees are included in the agreement, the following applies. The seller guarantees that the sold item complies with the agreement, that it will function without defects, and that it is suitable for the use the buyer intends to make of it. This guarantee applies for a period of two calendar years after receipt of the sold item by the buyer.
2. The intended guarantee aims to establish a risk distribution between the seller and the buyer such that the consequences of a breach of a guarantee are always entirely for the account and risk of the seller, and that the seller can never invoke Article 6:75 BW in respect of a breach of a guarantee. The provisions of the previous sentence also apply if the breach was known or could have been known to the buyer through investigation.
3. The stated guarantee does not apply when the defect has arisen as a result of improper or inappropriate use or when - without permission - the buyer or third parties have made or attempted to make changes or have used the purchased item for purposes for which it is not intended.
4. If the guarantee provided by the seller relates to an item produced by a third party, the guarantee is limited to the guarantee provided by that producer.
   
   

Article 17 - Intellectual property

1. slimmelaadpunt.nl retains all intellectual property rights (including copyright, patent law, trademark law, design and model rights, etc.) to all products, designs, drawings, writings, data carriers or other information, offers, images, sketches, models, mock-ups, etc., unless the parties have agreed otherwise in writing.

2. The customer may not copy, show to third parties, and/or make available, or otherwise use the aforementioned intellectual property rights without prior written consent from slimmelaadpunt.nl.

Article 18 - Amendment of general terms and conditions

1. slimmelaadpunt.nl is entitled to amend or supplement these general terms and conditions.

2. Minor changes can be implemented at any time.

3. slimmelaadpunt.nl will discuss major substantive changes with the customer in advance as much as possible.

4. Consumers are entitled to terminate the agreement in the event of a significant change to the general terms and conditions.

Article 19 - Applicable law and competent court

1. Dutch law applies exclusively to every agreement between the parties.

2. The Dutch court in the district where slimmelaadpunt.nl is located has exclusive jurisdiction to hear any disputes between the parties, unless the law mandatorily prescribes otherwise.

3. The applicability of the Vienna Sales Convention is excluded.

4. If, in legal proceedings, one or more provisions of these general terms and conditions are deemed unreasonably onerous, the other provisions remain in full force and effect.

Article 20 - Attribution

These general terms and conditions have been in effect since: March 22, 2023