If this text does not appear in Dutch: This document is a translation. In the event of any dispute to the interpretation of any of these conditions, the official Dutch language version shall prevail.
- E-Mobility Service: E-Mobility Service, established in Amersfoort under Chamber of Commerce no. 72442530.
- Customer: the person with whom E-Mobility Service has entered into an agreement.
- Parties: E-Mobility Service and customer together.
- Consumer: a customer who is also an individual and who acts as a private person.
Applicability of general terms and conditions
- These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of E-Mobility Service.
- Parties can only deviate from these conditions if they have expressly agreed in writing.
- Parties explicitly exclude the applicability of additional and / or deviating general terms and conditions from the customer or from third parties.
- All prices charged by E-Mobility Service are in euros, are exclusive of VAT and exclusive of any other costs such as administration costs, levies and travel, shipping or transport costs, unless explicitly stated otherwise or agreed otherwise.
- All prices that E-Mobility Service uses for its products or services, on its website or that are otherwise made known, can be changed by E-Mobility Service at any time.
- Increases in the cost prices of products or parts thereof, which E-Mobility Service could not foresee at the time of making the offer or the conclusion of the agreement, may give rise to price increases.
- The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.
- The price with regard to a service is determined by E-Mobility Service on the basis of the hours actually spent.
- The price is calculated in accordance with E-Mobility Service's usual hourly rates, applicable for the period in which it performs the work, unless a different hourly rate has been agreed.
- If the parties have agreed on a total amount for a service provided by E-Mobility Service, this is always a target price, unless the parties have expressly agreed in writing on a fixed price, which cannot be deviated from.
- E-Mobility Service is entitled to deviate up to 10% from the target price.
- If the target price is more than 10% higher, E-Mobility Service must inform the customer in good time why a higher price is justified.
- If the target price is more than 10% higher, the customer has the right to cancel the part of the order that exceeds the target price plus 10%.
- E-Mobility Service has the right to adjust the prices annually.
- Prior to its commencement, E-Mobility Service will communicate price adjustments to the customer.
- The consumer has the right to cancel the agreement with E-Mobility Service if he does not agree with the price increase.
Payments and payment term
- E-Mobility Service may require a down payment of up to 50% of the agreed amount upon entering into the agreement.
- The customer must make payments in arrears, depending as agreed, within a maximum of 30 days after delivery of the product.
- Payment terms are regarded as strict payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default and in default, without E-Mobility Service having to send the customer a reminder or give notice of default. .
- E-Mobility Service reserves the right to make a delivery conditional on immediate payment or to demand a security for the total amount of the services or products.
Consequences of not paying on time
- If the customer does not pay within the agreed term, E-Mobility Service is entitled to charge an interest of 1% per month from the day the customer is in default, whereby part of a month is counted as a whole month.
- If the customer is in default, he also owes extrajudicial collection costs and any compensation to E-Mobility Service.
- The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
- If the customer does not pay on time, E-Mobility Service may suspend its obligations until the customer has fulfilled its payment obligation.
- In the event of liquidation, bankruptcy, attachment or suspension of payments on the part of the customer, the claims of E-Mobility Service against the customer are immediately due and payable.
- If the customer refuses to cooperate with the execution of the agreement by E-Mobility Service, he is still obliged to pay the agreed price to E-Mobility Service.
Right to claim
- As soon as the customer is in default, E-Mobility Service is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.
- E-Mobility Service invokes the right of advertising by means of a written or electronic communication.
- As soon as the customer has been informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to E-Mobility Service, unless the parties agree otherwise.
- The costs for returning or returning the products will be borne by the customer.
Right of Withdrawal
- A consumer can cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that:
- the product has not been used
- it is not a product that can spoil quickly, such as food or flowers
- it is not a product that has been tailor-made or modified especially for the consumer
- it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.)
- the seal is still intact if it concerns data carriers with digital content (DVDs, CDs, etc.)
- the product is not a travel, transport ticket, catering assignment or form of leisure activity
- the product is not a loose magazine or newspaper
- it is not an (order for) emergency repair
- the consumer has not waived his right of withdrawal
- The cooling-off period of 14 days as referred to in paragraph 1 starts:
- on the day after the consumer has received the last product or part of 1 order
- as soon as the consumer has received the first product with a subscription
- as soon as the consumer has purchased a service for the first time
- as soon as the consumer has confirmed that he will purchase digital content via the internet
- The consumer can make his appeal to the right of withdrawal known via email, if desired using the withdrawal form that can be downloaded from the website of E-Mobility Service, www.e-mobilityservice.nl.
- The consumer is obliged to return the product to E-Mobility Service within 14 days after making his right of withdrawal known, failing which his right of withdrawal will lapse.
- The costs for return are only for the account of E-Mobility Service if the complete order is returned.
- If the purchase costs and any other costs (such as shipping and return costs) are eligible for a refund according to the law, E-Mobility Service will refund these costs to the consumer within 14 days after receipt of the timely appeal to the right of withdrawal, provided that the consumer has returned the product to E-Mobility Service in a timely manner.
Unless the customer is a consumer, the customer waives the right to suspend performance of any obligation under this agreement.
Right of retention
- E-Mobility Service can invoke its right of retention and in that case keep the customer's products in its possession until the customer has paid all outstanding invoices with regard to E-Mobility Service, unless the customer has provided sufficient security for those costs. .
- The right of retention also applies on the basis of previous agreements from which the customer still owes payments to E-Mobility Service.
- E-Mobility Service is never liable for any damage that the customer may suffer as a result of using his right of retention.
Unless the customer is a consumer, the customer waives his right to set off a debt owed to E-Mobility Service against a claim against E-Mobility Service.
- E-Mobility Service remains the owner of all delivered products until the customer has fully complied with all his payment obligations with regard to E-Mobility Service under any agreement concluded with E-Mobility Service, including claims for shortcomings in the fulfillment.
- Until then, E-Mobility Service can invoke its retention of title and take back the goods.
- Before ownership is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
- If E-Mobility Service invokes its retention of title, the agreement will be deemed dissolved and E-Mobility Service will be entitled to claim compensation, lost profit and interest.
- Delivery takes place while stocks last.
- Delivery takes place at E-Mobility Service, unless the parties have agreed otherwise.
- Delivery of products ordered online takes place at the address indicated by the customer.
- If the agreed amounts are not paid or are not paid on time, E-Mobility Service has the right to suspend its obligations until the agreed part has been paid.
- In the event of late payment, there is default by creditors, with the result that the customer cannot object to E-Mobility Service for a late delivery.
- The delivery times specified by E-Mobility Service are indicative and, if they are exceeded, do not entitle the customer to dissolution or compensation, unless the parties have expressly agreed otherwise in writing.
- The delivery time starts at the moment that the customer has fully completed the (electronic) ordering process and has received an (electronic confirmation) from E-Mobility Service.
- Exceeding the specified delivery time does not entitle the customer to compensation or the right to dissolve the agreement, unless E-Mobility Service is unable to deliver within 14 days after being required to do so in writing or if the parties have agreed otherwise.
The customer must ensure that the actual delivery of the products ordered by him can take place on time.
Transport costs are for the account of the customer, unless the parties have agreed otherwise.
Packaging and shipping
- If the packaging of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product, failing which E-Mobility Service cannot be held liable. for any damage.
- If the customer takes care of the transport of a product himself, he must report any visible damage to products or the packaging to E-Mobility Service prior to transport, failing which E-Mobility Service cannot be held liable for any damage.
- The customer undertakes to adequately insure and keep the following insured against fire, explosion and water damage as well as theft:
- delivered goods that are necessary for the execution of the underlying agreement
- matters of E-Mobility Service that are present at the customer
- items delivered under retention of title
- At the first request of E-Mobility Service, the customer makes the policy of these insurance policies available for inspection.
- If the customer orders ordered products only later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
- Any additional costs as a result of early or late purchase of products will be fully borne by the customer.
- When the parties have entered into an agreement with a service-providing nature, this only contains obligations of effort for E-Mobility Service, not obligations of results.
- The warranty with regard to products only applies to defects caused by faulty manufacture, construction or material.
- The warranty does not apply in the case of normal wear and damage caused by accidents, changes to the product, negligence or improper use by the customer, as well as when the cause of the defect cannot be clearly determined.
- The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, passes to the customer at the moment when they are legally and / or actually delivered, at least in the control of the customer or from a third party who receives the product for the benefit of the customer.
- Exchange is only possible if the following conditions are met:
- exchange takes place within 14 days after purchase against presentation of the original invoice
- the product is returned in its original packaging or with the original (price) tags still attached
- the product has not yet been used
- Discounted items, non-perishable items such as foodstuffs, custom-made items or items specially adapted for the customer cannot be exchanged.
Execution of the agreement
- E-Mobility Service will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
- E-Mobility Service has the right to have the agreed services (partially) performed by third parties.
- The execution of the agreement takes place in mutual consultation and after written agreement and payment of any agreed advance by the customer.
- It is the customer's responsibility that E-Mobility Service can start executing the agreement on time.
- If the customer has not ensured that E-Mobility Service can start the execution of the agreement in time, the resulting additional costs and/or extra hours will be borne by the customer.
Provision of information by the customer
- The customer makes all information, data and documents relevant for the correct execution of the agreement available to E-Mobility Service in a timely manner and in the desired form and manner.
- The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if they come from third parties, unless the nature of the agreement dictates otherwise.
- If and insofar as the customer requests this, E-Mobility Service will return the relevant documents.
- If the customer does not provide the information, data or documents reasonably required by E-Mobility Service, or does not timely or properly, and the execution of the agreement is delayed as a result, the resulting additional costs and extra hours will be borne by the customer. .
- E-Mobility Service retains all intellectual property rights (including copyright, patent law, trademark law, drawing and model law, etc.) on all designs, drawings, writings, carriers with data or other information, quotations, images, sketches, models, models, etc. ., unless the parties have agreed otherwise in writing.
- The customer may not copy, show to third parties and/or make them available or use them in any other way without the prior written consent of E-Mobility Service.
- The customer will keep secret any information (in whatever form) he receives from E-Mobility Service.
- The same applies to all other information regarding E-Mobility Service, which the customer knows or can reasonably suspect to be secret or confidential, or which he can expect that dissemination could cause damage to E-Mobility Service.
- The customer takes all necessary measures to ensure that he also keeps the information referred to in paragraphs 1 and 2 confidential.
- The duty of confidentiality described in this article does not apply to information:
- that was already public before the customer learned this information or that has subsequently become public without being the result of a violation of the customer's duty of confidentiality
- which is made public by the customer on the basis of a legal obligation
- The confidentiality obligation described in this article applies for the duration of the underlying agreement and for a period of 3 years after its expiry.
- If the other party violates the article of these general terms and conditions regarding confidentiality or intellectual property, it forfeits an immediately due and payable fine for each violation for the benefit of the trade name.
- if the other party is a consumer, this fine is € 1.000
- if the other party is a legal person, this fine is € 5.000
- In addition, the other party forfeits an amount of 5% of the amount referred to in paragraph 1 for each day that that violation continues.
- No prior notice of default or legal proceedings are required for the forfeiture of this fine. There is also no need for any kind of damage.
- Forfeiture of the fine referred to in the first paragraph of this article does not affect the other rights of E-Mobility Service, including its right to claim compensation in addition to the fine.
The customer indemnifies E-Mobility Service against all claims from third parties related to the products and/or services supplied by E-Mobility Service.
- The customer must examine a product or service provided by E-Mobility Service as soon as possible for any shortcomings.
- If a delivered product or service does not meet what the customer could reasonably expect from the agreement, the customer must inform E-Mobility Service of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings. .
- Consumers must inform E-Mobility Service of this within 2 months after discovery of the shortcomings.
- The customer provides as detailed a description as possible of the shortcoming, so that E-Mobility Service is able to respond adequately.
- The customer must demonstrate that the complaint relates to an agreement between the parties.
- If a complaint relates to ongoing work, this can in any case not lead to E-Mobility Service being obliged to perform other work than has been agreed.
Notice of default
- The customer must notify E-Mobility Service of any notice of default in writing.
- It is the customer's responsibility that a notice of default actually reaches E-Mobility Service (on time).
Joint and several liability of the customer
If E-Mobility Service enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts owed to E-Mobility Service under that agreement.
Liability E-Mobility Service
- E-Mobility Service is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or willful recklessness.
- If E-Mobility Service is liable for any damage, it is only liable for direct damage arising from or related to the execution of an agreement.
- E-Mobility Service is never liable for indirect damage, such as consequential damage, lost profit, lost savings or damage to third parties.
- If E-Mobility Service is liable, this liability is limited to the amount that is paid out by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount to which the liability relates.
- All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and / or (partial) termination of the agreement and / or suspension of any obligation.
Any right of the customer to compensation from E-Mobility Service expires in any case 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.
Right to dissolution
- The customer has the right to dissolve the agreement if E-Mobility Service imputably fails to fulfill its obligations, unless this shortcoming does not justify termination due to its special nature or minor significance.
- If the fulfillment of the obligations by E-Mobility Service is not permanently or temporarily impossible, dissolution can only take place after E-Mobility Service is in default.
- E-Mobility Service has the right to dissolve the agreement with the customer if the customer does not fully or not timely fulfill its obligations under the agreement, or if E-Mobility Service has taken cognizance of circumstances that give it good grounds to fear that the customer will not be able to fulfill his obligations properly.
- In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure by E-Mobility Service in the fulfillment of any obligation with regard to the customer cannot be attributed to E-Mobility Service in any of E-Mobility's will. Service-independent situation, as a result of which the fulfillment of its obligations towards the customer is wholly or partially prevented or as a result of which the fulfillment of its obligations cannot reasonably be expected from E-Mobility Service.
- The force majeure situation referred to in paragraph 1 also includes - but is not limited to: a state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom outages; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
- If a force majeure situation occurs as a result of which E-Mobility Service cannot fulfill 1 or more obligations to the customer, those obligations will be suspended until E-Mobility Service can meet them again.
- From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
- E-Mobility Service does not owe any (damage) compensation in a force majeure situation, even if it benefits from any advantage as a result of the force majeure situation.
Modification of the agreement
If, after the conclusion of the agreement for the execution thereof, it appears necessary to change or supplement its content, the parties will adjust the agreement accordingly in a timely manner and by mutual agreement.
Change of general terms and conditions
- E-Mobility Service is entitled to change or supplement these general terms and conditions.
- Changes of minor importance can be made at any time.
- E-Mobility Service will discuss major substantive changes with the customer in advance as much as possible.
- Consumers are entitled to terminate the agreement in the event of a material change to the general terms and conditions.
Transfer of rights
- Rights of the customer under an agreement between the parties cannot be transferred to third parties without the prior written consent of E-Mobility Service.
- This provision applies as a clause with property law effect as referred to in Section 3:83 (XNUMX) of the Dutch Civil Code.
Consequences of nullity or voidability
- If one or more provisions of these general terms and conditions prove to be void or voidable, this will not affect the other provisions of these terms and conditions.
- A provision that is void or voidable will in that case be replaced by a provision that comes closest to what E-Mobility Service had in mind when drafting the conditions on that point.
Applicable law and competent court
- Dutch law applies exclusively to every agreement between the parties.
- The Dutch court in the district where E-Mobility Service is located / has its practice / has its office has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise.
- The E-mobility Service bv website is available in several languages.
- Translations are subject to any incorrect translations. In case of disputes about the interpretation of these terms and conditions, the official Dutch version is decisive.
Prepared on 01-02-2022.