Terms and Conditions Parkeerapparatuur.nl

Article 1 – Definitions
In these general terms and conditions, the following definitions apply:
1. The seller: parkeerapparatuur.nl, established in Nuenen and with offices at Hooibeemd 1a, 5705 DD Helmond, registered with the Chamber of Commerce under number 54071828.
2. The buyer: the business buyer or the consumer.
3. The business buyer: a legal entity or natural person acting in the course of a profession or business.
4. The consumer: a natural person not acting in the course of a profession or business.
5. The agreement: any legal relationship between the seller and the buyer concerning the sale and delivery of products ordered in the webshop.
6. Product: any item offered, to be delivered, or delivered by the seller under the agreement.
7. The webshop: parkeerapparatuur.nl.
8. Durable data carrier: any means that enables the buyer to store information addressed to him personally in a way that allows future consultation and unchanged reproduction of the stored information.

Article 2 – Applicability
1. These general terms and conditions apply exclusively to all agreements arising from the use of the webshop. All other terms and conditions used by the seller for its other business activities do not apply to agreements arising from the use of the webshop.
2. Deviations from these general terms and conditions are only possible insofar as they have been expressly agreed in writing with the seller, in which case the other provisions remain in force.
3. The buyer’s general terms and conditions are not part of the agreement and are not binding on the seller, unless the seller has expressly and in writing accepted them.
4. Before the agreement is concluded, the text of these general terms and conditions will be made available to the buyer electronically in such a way that the buyer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated before the agreement is concluded where the general terms and conditions can be viewed electronically and that they will be sent free of charge at the buyer’s request, electronically or otherwise.

Article 3 – The Offer
1. If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to enable a proper assessment of the offer by the buyer. If the seller uses images, these are a true representation of the offered products. Obvious mistakes or obvious errors in the offer do not bind the seller.
3. If there are limitations or conditions attached to the offer, these will be clearly stated.
4. Each offer contains information making it clear to the buyer what rights and obligations are attached to acceptance of the offer. 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;
• in the case of consumer purchases: whether or not the right of withdrawal applies;
• the method of payment, delivery, and execution of the agreement;
• the period for acceptance of the offer, or the period within which the seller guarantees the price;
• the way in which the buyer, before concluding the agreement, can check and, if desired, correct the data provided in the context of the agreement.
5. Each offer relates only to the sale of a product and excludes assembly and/or installation. Assembly and/or installation is always at the buyer’s expense and risk.
6. By entering into an agreement with the seller, the buyer accepts the applicability of the seller’s general terms and conditions.

Article 4 – The Agreement
1. The agreement is concluded, subject to the provisions of paragraph 4 and the suspensive condition of sufficient availability of the relevant product, at the moment the buyer accepts the offer and complies with the associated conditions.
2. If the buyer accepts the offer electronically, the seller will immediately confirm receipt of acceptance electronically.
3. If the agreement is concluded electronically, the seller will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment.
4. The seller may – within legal frameworks – inquire whether the buyer can meet his payment obligations, as well as all those facts and factors important for a responsible conclusion of the agreement. If, based on this investigation, the seller has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution.
5. The seller will include with the product to the buyer the following information, in writing or in such a way that it can be stored by the buyer in an accessible manner on a durable data carrier:
• the visiting address of the seller’s establishment where the buyer can file complaints;
• the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
• information about warranties and existing after-sales service;
• the information referred to in Article 3(3), unless the seller has already provided this to the buyer before the performance of the agreement.

Article 5 – The Price
1. All prices are in euros, including VAT and excluding packaging, delivery, or shipping costs, unless expressly agreed otherwise in writing. The seller will notify the buyer of all additional costs in good time before concluding the agreement.
2. During the validity period stated in the offer, the prices of the products offered will not be increased, except for changes resulting from changes in VAT rates or other legal levies, and except as provided in paragraph 3.
3. Price increases after the conclusion of the agreement are only permitted if the seller has stipulated this or if they are the result of:
• legal regulations or provisions;
• a price increase implemented by the seller’s manufacturer/supplier.
4. If there is a price increase by the manufacturer passed on by the seller to the buyer, the buyer has the right to terminate the agreement free of charge.

Article 6 – Delivery
1. Delivery will only take place after the buyer has paid the purchase price, delivery and shipping costs, and any other costs in the manner indicated by the seller.
2. The seller will exercise the greatest possible care in receiving and executing orders for products.
3. The delivery address is the address the buyer has provided to the seller.
4. The buyer is obliged to do what is reasonably necessary or desirable to enable (timely) delivery. The seller may assume that the products can be delivered with usual transport means to easily accessible locations, and that the buyer can receive the product on the delivery date indicated by the seller. If this is not possible and delivery incurs additional costs, these costs will be borne by the buyer.
5. The delivery and execution date specified by the seller is only indicative, unless an expressly binding term has been agreed in writing. If delivery is not timely, the seller must be given written notice of default, allowing the seller an additional 30 days for delivery. The seller is only in default after the buyer has given such notice.
6. If delivery of an ordered product proves impossible, the buyer will be notified within 14 days of placing the order. In that case, the seller will make efforts to provide a replacement product. The seller will inform the buyer about the replacement, the (additional) price, and delivery time. If the buyer does not agree to the replacement product, he has the right to terminate the agreement free of charge. If it is impossible for the seller to provide a replacement product, the seller is entitled to terminate the agreement.

Article 7 – Payments
1. All products, packaging costs, delivery and shipping costs, and any additional costs must be paid simultaneously with placing the order. The buyer is obliged to promptly report any inaccuracies in provided or stated (payment) details related to the agreement to the seller.
2. If advance payment has been agreed, the buyer cannot claim any rights regarding the execution of the relevant order until the agreed advance payment has been made.
3. The business buyer is not entitled, for any reason whatsoever, to suspend payment of the purchase price or any other obligation, nor to set off amounts owed.

Article 8 – Retention of Title
1. Ownership of the delivered products transfers to the buyer once the amount due has been paid.
2. The risk of the delivered products transfers to the buyer at the time of delivery.

Article 9 – Personal Data
1. The parties are obliged to keep confidential all information they receive about the other party’s business. This also applies to third parties engaged.
2. Information is confidential if designated as such by either party.
3. The seller, as data controller within the meaning of the General Data Protection Regulation (GDPR), is responsible for the protection of personal data required for the proper performance of the agreement.
4. When the seller processes personal data of the customer, this is done with the utmost propriety and care and in accordance with the GDPR.
5. The seller will only use personal data insofar as necessary to serve the customer. The personal data will not be kept longer than legally permitted or necessary for the execution of the agreement.
6. The seller will take technical and organizational measures to ensure an appropriate level of security for personal data, taking into account the state of the art and the nature of the processing.

Article 10 – Withdrawal
1. The buyer is entitled to unilaterally terminate the agreement, without giving reasons and free of charge, within 14 days. This period starts on the day after the product has been received by or on behalf of the buyer.
2. During this period, the buyer will handle the product and its packaging with care. If exercising the right of withdrawal, the buyer will return the product with all supplied accessories, undamaged and in the original condition and packaging to the seller, in accordance with the reasonable and clear instructions provided by the seller.
3. If the buyer exercises the right of withdrawal, the return shipping costs are borne by the buyer.
4. If the buyer has already paid the purchase amount, the seller will refund this amount as soon as possible, but no later than 30 days after receipt of the returned product, provided the conditions in paragraph 2 have been met.
5. The buyer’s right of withdrawal lapses once the original packaging has been opened and/or the product has already been assembled and/or installed. In that case, the product can, by its nature and in all reasonableness, no longer be returned to the seller.
6. The buyer has no right of withdrawal if the product has been manufactured according to the buyer’s specifications. In that case, the product can, by its nature and in all reasonableness, no longer be returned to the seller.
7. The right of withdrawal lapses if the buyer has broken the seal of the packaging or the product after delivery.

Article 11 – Force Majeure
1. Failures by the seller in the performance of the agreement that are not due to his fault, and which are not for his account under the law, legal act, or generally accepted standards, cannot be attributed to him.
2. If, due to circumstances of force majeure (such as strikes, floods, fire, war, unrest, transport disruptions, suspension or limitation of energy supply, union actions, vandalism, accidents, non-delivery of necessary materials and semi-finished products by third parties, intent or gross negligence of assistants, and other similar circumstances), performance of the agreement cannot reasonably be demanded or is delayed or impossible, this does not entitle the buyer to terminate the agreement or claim damages.

Article 12 – Liability
1. The seller is never liable for direct or indirect, material or immaterial damage to the buyer and/or third parties related to or arising from the agreement, or related to defects of the product and/or the use and installation instructions provided by the manufacturer.
2. The seller is never liable for direct or indirect, material or immaterial damage to the buyer and/or third parties caused by incorrect installation, assembly, and/or use of the product by the buyer.
3. The seller’s liability towards the buyer, for any reason whatsoever, is in any case limited to an amount equal to the purchase price of the product under the agreement.
4. Subject to Article 13, the buyer indemnifies the seller against all claims from third parties, for any reason whatsoever, concerning compensation for damage arising from or related to the agreement.

Article 13 – Complaints Procedure
1. The buyer is obliged to inspect the product immediately upon receipt for defects. Complaints must be submitted in writing and clearly formulated within 14 days after the buyer has received the product, to the seller’s address. After this period, complaints are no longer admissible and the buyer can no longer invoke a defect in performance.
2. Complaints are also inadmissible if the text is illegible or drafted in such a way that it is unclear what the complaint is.
3. Complaints submitted to the seller will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the seller will respond within the 14-day period with an acknowledgment of receipt and an indication of when the buyer can expect a more detailed answer.

Article 14 – Warranty and Conformity
1. The warranty relating to products delivered by the seller is limited, both in content and duration, to the warranty granted by the manufacturer. The buyer has rights to warranty from the seller only if and insofar as the manufacturer still provides warranty.
2. The buyer has no right to warranty if he has carried out or had carried out modifications and/or repairs to the delivered product, or in case of damage due to negligent maintenance or damage not resulting from normal use.
3. The buyer also has no right to warranty if the complaint/defect results from or is related to normal wear and tear, incorrect assembly, and/or incorrect installation of the product.
4. The seller guarantees that the products have the properties necessary for normal use, taking all circumstances into account, provided the products have been correctly and properly assembled and installed by the buyer.
5. For custom-made products, the buyer is responsible for the provided measurements and instructions.
6. If a complaint is valid within the warranty period, the call-out and/or shipping costs, repair costs, and/or replacement costs will be borne by the seller.
7. In case of an unfounded complaint, the costs incurred, including possible call-out and shipping costs, labor costs, material costs, and extrajudicial (legal) costs, are borne by the buyer. The minimum amount owed by the buyer is €150.

Article 15 – Applicable Law
All legal relationships between the seller and the buyer are exclusively governed by Dutch law, with the exclusion of the Vienna Sales Convention.

The webshop Parkeerapparatuur.nl is a separate division of the private limited company BitTuning B.V. The webshop is completely separate from the products and services provided and offered by BitTuning. BitTuning and Parkeerapparatuur.nl therefore each apply their own terms and conditions.