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General terms and conditions

Article 1 – The Webshop


1.1 These are the general terms and conditions of:

Bar2Charge Europe B.V.

Molenstraat 118

5701 KJ Helmond
The Netherlands
T (085) 744-4344
E info@bar2charge.eu
Chamber of Commerce 98246372
VAT number NL868414529B01

1.2 To keep these terms and conditions understandable, the following terms have a fixed
meaning:



Concept



Meaning:



Consumer


The Customer acting for purposes outside his business or professional activity

Right of withdrawal


The right of a Consumer to a distance contract or a contract outside the
dissolve sales premises without stating reasons, as referred to in Article 230o of the Civil Code

Customer


Anyone (including legal entities) who enters into an Agreement with the Webshop;

 

Agreement


Any contractual relationship between The Webshop and the Customer;

 

Webshop


The party referred to in Article 1.1.


1.3 In these General Terms and Conditions, the Webshop and the Customer are jointly referred to as "We" or "Us". The terms
“You” and “Your” refer to the Customer.

Article 2 – Applicability


2.1 These general terms and conditions apply to every offer from De Webwinkel and to every
Agreement between you and the Webshop. General terms and conditions used by you yourself are not
applicable. This is only different if the Webshop informs you of this in writing and explicitly.
has confirmed.

2.2 If anything in these general terms and conditions is 'void' or 'can be annulled', the
all other provisions apply. In that case, we will make new agreements together that the
replace void or voidable provisions. The intent of the new provision(s)
must resemble the intent of the original provision(s) as much as possible.

2.3 If the Agreement states otherwise than these general terms and conditions, the latter shall apply.
states in the Agreement. In this way, we can also make agreements that deviate from
what is stated in these general terms and conditions. Agreements that deviate from what is stated in these
However, the general terms and conditions state that they apply only if the Webshop does so in writing and
has expressly confirmed to you.

Article 3 – Offers


3.1 Every offer from De Webwinkel is without obligation and you may accept it within the period stated in the
offer is stated. If you do not do so, the offer lapses. If no term is stated,
a period of 14 days applies. It is not possible to accept only a part of an offer
to accept or reject from The Webshop. In that case too, the (entire) offer lapses.

3.2 The Webshop ensures that an offer accurately and fully describes on which
products and/or (digital) content and services the offer relates to. If the offer
contains graphic elements (such as images or videos), then these provide a
true and fair view of those products and/or (digital) content and services.

3.3 If an offer contains an obvious mistake or error (such as a typographical error or calculation error), the
Webshop not bound by the offer.

Article 4 – Performance of the Agreement and delivery


4.1 You have an Agreement with The Webshop from the moment you accept the offer from the
Webshop has accepted and has complied with the requirements that the Webshop has in doing so
mentioned. You will receive confirmation thereof within a reasonable period after the conclusion of the
Agreement a confirmation from the Webshop, in any case upon delivery of the goods, or
before the service is performed. That confirmation contains:

- all information referred to in Article 230m paragraph 1 of the Dutch Civil Code, unless you have already provided this before concluding the
has received the Agreement on a durable data carrier from the
Webshop; and

- where applicable: the confirmation of the express prior
consent and the declaration referred to in Article 230p, part g of the Dutch Civil Code;

As long as you have not yet received the aforementioned confirmation, you may
Terminate agreement.

4.2 The Webshop does its best to execute the Agreement as carefully and quickly as possible.
to carry out and deliver the orders placed by you as soon as possible. The
Webshop in any case within 30 days after the Agreement has been concluded,
unless a different delivery period has been agreed. If the Webshop is unable to deliver within
if you fail to deliver within that period, you may dissolve the agreement.

4.3 Deliveries are made to the address you have provided to the Webshop. If that
if the address is located outside the Netherlands, the Webshop has the right to
refuse, without the Webshop being liable for compensation.

4.4 The Webshop carefully determines who within its organization is designated to the
to execute the Agreement. The Webshop may also engage third parties for this purpose, such as
subcontractors and/or assistants. The party that engages the Webshop for the
she informs you in advance of the delivery of ordered products. If during that delivery
If products are lost or damaged, this is at the risk of the Webshop. That is only
unless you have expressly agreed otherwise with the Webshop.

4.5 All data that the Webshop has indicated are necessary for
the performance of the Agreement or which You ought reasonably to understand that these
are necessary, you must provide to the Webshop in a timely manner. If you fail to do so, the
Webshop, among other things, to suspend the performance of the Agreement. The Webshop may
in addition to the right to suspend the Agreement, (continue to) make use of its
any other rights.

Article 5 – Prices


5.1.Are you a consumer? Then the prices and rates stated by the Webshop apply.
stated including surcharges, levies and taxes (such as VAT) and including additional
costs (such as any shipping and administrative costs). If you are not a Consumer,
It applies as a general principle that prices are stated excluding VAT and other levies, unless
the price is explicitly stated otherwise.

5.2. Products and/or services whose price is subject to fluctuations in the financial
market(s) and over which the Webshop has no influence, the Webshop can subject to variable
offer prices. The webshop then clearly states this alongside the price.

5.3. The Webshop has the right to within 3 months after the Agreement has been concluded
to implement price changes that have occurred, insofar as these are the result of a change in
laws and regulations. If more than 3 months have passed since the Agreement to
once the agreement has been reached, the Webshop also has the right to charge increases in delivery,
to pass on transport, shipping, delivery, and administrative costs to you.

5.4. If you are a Consumer, you have, in the event of the price increases referred to in
Article 5.3. the right to dissolve the Agreement. If you are not a Consumer, you have
only the right to dissolve the agreement if the increase is more than 5% of the
amounts to the agreed total price, unless the Webshop offers the price difference (for
to bear its own account to the extent that it exceeds the intended 5%.

Article 6 – Payment


6.1. You are obliged to pay invoices from the Webshop within 14 days after closing
of the Agreement, unless you have agreed otherwise with the Webshop. Are you
Are you a consumer? Then, under the law, the online store may not require you to pay more.
than to pay 50% of the price in advance.

6.2. If you are a Consumer, you are only in default with the performance of
payment obligations if the Webshop has given you notice of default and a reasonable period
has granted a period of at least 14 days (commencing on the day after receipt of the aforementioned
referred to notice of default) to still fulfill your payment obligations and You also
has not paid within that 14-day period. In that case, you are also liable for statutory interest.
due and reimbursement of extrajudicial collection costs. The extrajudicial
collection costs amount to (with a minimum of € 40, -) :

- 15% on outstanding amounts up to € 2.500, -;

- 10% on the subsequent € 2.500, -;

- 5% on the subsequent € 5.000, =;

- 1% over the subsequent € 190.000, -;

- 0.5% on the remainder.

6.3. If you are not a Consumer, you may not set off payments to the Webshop,
suspend and/or reduce and that you are immediately in default if you make a payment to the
has not performed on time. In that case, the Webshop also has the right to from
the invoice due date until the day you have paid in full the legal
to charge commercial interest. For this, the Webshop does not first need to
demand payment or put in default.The Webshop can also all its potential
(continue to) exercise other rights against you.

6.4. Payments made by you will first be deducted from accrued interest and costs.
Next, on the due invoices that have been outstanding the longest.

6.5. In the event of liquidation, dissolution, bankruptcy or suspension of payments of the Customer and
if the Customer wholly or partially lacks the free management or free disposal of its
loses assets, the (payment) obligations of the Customer become immediately due and payable.

Article 7 – Warranties


7.1. The Webshop ensures that the products and/or services it supplies to you comply with
the Agreement. This means, among other things, that those products and/or services
meet what you could reasonably expect from it based on the type
matter and the statements the Webshop has made regarding it. For example, with
with regard to quantities, the size and/or weight of a product. The
products and/or services that the Webshop supplies to you comply with the applicable laws and regulations
at the time the Agreement is concluded. If you are not a Consumer, the
Webshop to make other or additional agreements with you.

7.2. If you are a Consumer, any additional warranties that the Webshop provides to you apply.
has provided, never restrict the statutory rights of consumers. You can therefore always
exercise your statutory (consumer) rights.

Article 8 - Intellectual property rights


8.1. The intellectual property rights, including the copyrights on all offers,
designs, images, drawings and models provided to you by the Webshop remain
of the Webshop, unless the Webshop has agreed otherwise with you in writing and explicitly
agreed. Documents, data and materials provided by the Webshop to you
are also intended solely for use by you as a Customer and you may not
reproduced, make public or disclose to third parties, without
prior written consent from The Webshop, unless by the nature of that
modest, data and materials something else follows.

Article 9 – Right of withdrawal

9.1. When purchasing products, the Consumer has the option to dissolve the Agreement without giving reasons for a period of 14 days. This cooling-off period commences on the day after receipt of the product by the Consumer or a representative designated in advance by the Consumer and made known to the Webshop.

In the case of the provision of services, the Consumer has the option to dissolve the Agreement without giving reasons for at least 14 days, commencing on the day the Agreement was entered into.

9.2. During the cooling-off period, the Consumer shall handle the product and packaging with care. The product may only be unpacked or used to the extent necessary to determine the nature, characteristics, and functioning of the product. If the Consumer exercises the Right of Withdrawal, the product must be returned with all supplied accessories and – if reasonably possible – in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the Webshop.

If the Consumer wishes to exercise the Right of Withdrawal, this must be notified to the Webshop within 14 days of receipt of the product. This can be done using the model withdrawal form or by e-mail via support@bar2charge.eu

9.3. After the Consumer has indicated that they wish to exercise the Right of Withdrawal, the product must be returned within 14 days. The Consumer must demonstrate that the product was returned in a timely manner, for example by means of proof of shipment.

If, after the expiry of the said periods, the Consumer has not indicated that he wishes to exercise the Right of Withdrawal or has not returned the product, the purchase is final.

9.4. The direct costs for returning the product are for the account of the Consumer.

In the event of damage to the product caused by careless handling by the Consumer, the Consumer is liable for any resulting decrease in the value of the product.

The Consumer is not liable for any decrease in the value of the product if the Webshop has not provided all legally required information regarding the Right of Withdrawal before the conclusion of the Agreement.

9.5. If the Consumer has paid an amount, the Webshop will refund this amount as soon as possible, but no later than 14 days after the withdrawal. The Webshop may withhold reimbursement until the product has been received or until the Consumer has provided conclusive proof of return.

Refunds will be made via the same payment method used by the Consumer, unless the Consumer expressly agrees to a different payment method.

9.6. The Consumer bears the risk and the burden of proof for the proper and timely exercise of the Right of Withdrawal.

9.7. If the product is damaged or the packaging is more damaged than necessary to try the product, we may charge you for this reduction in the product's value. Therefore, handle the product with care and ensure it is properly packaged when returning it.


Article 10 – Exclusion of the right of withdrawal

10.1. The Webshop may exclude the Consumer's Right of Withdrawal for products as described in section 10.2. The exclusion of the Right of Withdrawal applies only if the Webshop has clearly stated this in the offer, or at least in good time before the conclusion of the Agreement.

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

  • which have been produced by the Webshop in accordance with the Consumer's specifications;
  • which are clearly personal in nature;
  • which by their nature cannot be returned;
  • that can spoil or become stale quickly;
  • the price of which is subject to fluctuations on the financial market over which the Webshop has no influence;
  • for individual newspapers and magazines;
  • for audio and video recordings and computer software of which the Consumer has broken the seal;
  • for hygiene products where the Consumer has broken the seal.

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

  • relating to accommodation, transport, restaurant services or leisure activities performed on a specific date or during a specific period;
  • the performance of which commenced with the express consent of the Consumer before the cooling-off period expired;
  • regarding bets and lotteries.

Article 11 – Termination


11.1. If the Agreement can be terminated, the termination must be effected in accordance with the
cancellation rules and notice period that you have agreed with the Webshop.

11.2. If you are a Consumer, the following rules apply with regard to cancellations and
terms. The Webshop may not deviate from these to your detriment as a Consumer:

- If the Agreement has been entered into for an indefinite period and extends to the regulation
delivery of goods, including electricity, heat and cold, or to the
regularly performing activities, you have the right to terminate the Agreement at any time
to say.

- If the Agreement has been entered into for a fixed term and relates to the regulation
delivery of goods, including electricity, heat and cold, or to the
If you regularly perform services, you have the right to terminate the Agreement.
towards the end of the (fixed) term. If that Agreement is tacit
extended, however, you may terminate the Agreement at any time.

- The notice period is a maximum of one month, unless the Agreement extends to
the regular delivery of magazines, daily papers, news papers and/or weekly papers, whereby the
delivery takes place less than once a month. In that case, the
notice period maximum of three months.

- If the Agreements have been entered into for a fixed term and extend to the regulation
delivery of goods, including electricity, heat and cold, or to the
for the regular performance of activities, the Agreement may not be tacitly
extended or renewed for a fixed term, unless the Agreement relates to the
regular delivery of magazines, daily newspapers, news papers, and/or weekly papers. In the last
in that event, the Agreement may be tacitly extended for a fixed term.
of a maximum of three months and you have the right to terminate the Agreement
towards the end of the extension with a notice period of maximum one month.

- An Agreement for the delivery of magazines, daily papers, news papers and/or weekly papers
which has a limited duration and is intended for introduction (a trial subscription),
is not tacitly continued and ends automatically (without notice of termination) at the
end of the (limited) duration of the Agreement (the trial period).

- For any Agreement lasting longer than a year, you may terminate it at any time after the first year.
give notice of termination, unless reasonableness and fairness preclude termination before
the end of the agreed duration.

11.3. If you are not a Consumer, you may only terminate the Agreement if this is expressly
is stipulated in the Agreement and according to the termination rules stipulated therein and
notice periods

Article 12 – Personal Data


12.1.The Webshop processes personal data only in accordance with applicable laws and regulations.
That means, among other things, that:

- the webshop only processes personal data to the extent that such processing can be
based on one of the grounds set out in Article 6 of the General Regulation
Personal data (GDPR);

- the Webshop takes appropriate technical and organizational measures to the
to properly secure personal data that it processes;

- the Webshop will only share personal data with third parties if this is compatible
with the purpose for which the data were collected and if all (other) requirements have been met
legal requirements that apply to the sharing of personal data;

- personal data are not retained longer than necessary for the purposes
for which they were collected, unless the Webshop is required by law to the
to retain data longer;

- You have the right, among other things, to access, correct, and have your personal data
to delete, to have processing restricted, to object to processing or –
if applicable – to transfer data;

Article 13 – Complaints


13.1. The Webshop has a clear complaints procedure. The Webshop handles every
complaint according to this complaints procedure.

13.2. If you have a complaint regarding the performance of the Agreement, you must submit it within two
to be submitted, fully and clearly described, within months after you discovered the defect, to
the online store.

13.3. The Webshop will respond as much as possible within 14 days of receipt of the complaint. If a
If the complaint requires a longer processing time, you will receive within the aforementioned period.
an acknowledgment of receipt after 14 days, containing at least an indication of when you
you can expect a more detailed answer.

13.4.In the event of complaints, a consumer must first turn to the entrepreneur. If the webshop is affiliated with WebwinkelKeur and in the event of complaints that cannot be resolved through mutual agreement, the consumer must turn to WebwinkelKeur (www.webwinkelkeur.nl), this will mediate for free. Check if this webshop has an active membership via https://www.webwinkelkeur.nl/leden/. If a solution cannot be reached, the consumer has the option to have their complaint handled by the independent disputes committee appointed by WebwinkelKeur; its decision is binding, and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this disputes committee involves costs that must be paid by the consumer to the committee.

Article 14 – Law and choice of forum


14.1. The Agreement is exclusively governed by Dutch law.

14.2. In addition to the possibility of making use of the ones described in Article 13
complaints procedure, you may submit disputes to the court. In those cases, the following applies:
judge of the district in which the Webshop is established, is competent to of the
to hear the dispute, to the exclusion of other competent judicial authorities and
arbitration. Unless a judge in another
place is authorized.

Appendix 1: Model withdrawal form:


Withdrawal form

(only fill in and return this form if you wish to withdraw from the agreement)

- At:

Bar2Charge Europe B.V.

Molenstraat 118

5701 KJ, Helmond Netherlands

info@bar2charge.eu

- I/We (*) hereby inform you that I/we (*) our agreement concerning the sale
of the following goods/delivery of the following service (*) revoke/revoke (*)

- Ordered on (*)/Received on (*):

- Name(s) of Consumer(s):

- Consumer(s) address:

- Signature of consumer(s) (only when this form is submitted on paper)

- Date:

- End -