PowerOak BV General Terms and Conditions for Consumers
Version: 01-10-2023 v1.0
Generally
Terms and Conditions are often rightly viewed as "difficult fine print". For this reason we try to speak in plain language in these terms and conditions on subjects such as price, delivery time, time of payment and what exactly is delivered. As not everyone is familiar with the content of the legal process that applies to a contract of sale, we will start with a brief explanation of your statutory rights as a buyer.
The person who supplies you with a product or service (for the sake of simplicity this is referred to as "Seller" in these terms and conditions) has a legal obligation to supply what they supply and to have the qualities that a buyer might expect as a result of the (purchase) contract he has concluded with the seller (this is called conformity). The type of product and the statements made by the seller play a role here, for example on special properties of the product. Otherwise, for the sake of clarity, it is advisable to record such matters separately in writing. The buyer can also rely on advertising from the manufacturer, unless the seller has expressly stated that he does not agree with these statements. For the record we have included a declaration of conformity in Article 7.
If it turns out that the product does not have the characteristics expected on the basis of the contract of sale, the buyer can demand from the seller - in addition to any other rights that the law grants him (e.g. suspension of payment):
Delivery of what is missing;
Repair of the defects, unless this is impossible or cannot be required by the seller;
or
Replacement unless this is impossible or cannot be required by the seller.
Seller may refuse repair or replacement if the cost is disproportionate to other reasonable solutions, e.g. B. Reduction of the purchase price or refund of the purchase price and compensation for damage suffered.
Identity of PowerOak BV
PowerOak BV
Kanaaldijk-Noord 111
5642JA Eindhoven
Netherlands
Telephone +31 40 240 5888
Email info@poweroak.nl
Website www.https://poweroak.eu
Authorized representative Ibrahim Ahmic
Responsible for the content Ibrahim Ahmic
VAT ID NL.8559.71.289.B.01
Commercial register 65077687
We try to put our agreements about the price, the characteristics of the product to be delivered, the delivery time, the time of payment etc. in writing as far as possible. Additional agreements are also recorded in writing. Agreements on repairs are also recorded in writing.
Article 2. The offer
If our offer (and its price) has a limited validity or is subject to conditions, this shall apply as mentioned in the offer.
The product range is available while stocks last.
We describe the products/services offered in such a way that you as a consumer can give a good rating. The images placed with the offer are truthful; If this is not possible, we will mention it.
As far as possible and where applicable, we indicate in the offer for which hardware or software the products/services (such as software) offered are appropriate.
Our prices include VAT, without additional costs such as shipping and handling costs and levies such as disposal fees or copying levies. These will also be announced in good time for the conclusion of the agreement.
During the period in which the offer is valid, the prices of the products/services offered will not be increased, unless this is the result of legal regulations (this includes, for example, an increase in the VAT rate).
If the price increase is from 3 months after entering into the agreement with you, you can terminate this agreement effective from the day on which the price increase takes effect.
An exception applies to prices that relate to fluctuations in the financial market, over which we have no influence. In this case, we can offer variable prices, but if this is the case, we will indicate in the offer that these are target prices associated with fluctuations in the financial market.
Article 3. The price
Our prices include VAT, without additional costs such as shipping and handling costs and levies such as disposal fees or copying levies. These will also be announced in good time for the conclusion of the agreement.
During the period in which the offer is valid, the prices of the products/services offered will not be increased, unless this is the result of legal regulations (this includes, for example, an increase in the VAT rate).
If the price increase is from 3 months after entering into the agreement with you, you can terminate this agreement from the day on which the price increase takes effect.
An exception applies to prices that relate to fluctuations in the financial market, over which we have no influence. In this case, we can offer variable prices, but if this is the case, we will indicate in the offer that these are target prices associated with fluctuations in the financial market.
Article 4. Payment
We offer different payment methods which may vary from time to time. After receipt of payment you will receive an invoice from us.
Just like you, we have our payment obligations. If you delay your payment, we will incur costs.
Where permitted by law, we may charge you for the damage we suffer as a result (loss of interest and reasonable costs to recover the outstanding balance).
Article 5. Delivery and execution
Of course, we try to deliver at the latest at the agreed time. This will be done as soon as possible, but no later than 14 days, unless a shorter or longer delivery time has been agreed. If the delivery is still delayed and there is no question of force majeure, you as a buyer have the right to defer payment until delivery if it was agreed that you would pay at the same time. If you wish, you can dissolve the purchase contract in whole or in part in the event of late delivery, unless the seriousness of exceeding the delivery time does not justify it.
The delivery is to the address specified by you. If delivery is delayed or if an order or service cannot be carried out or can only be carried out partially, you will be notified as soon as possible. The deadline for this is 14 days after the conclusion of the (purchase) contract. After this period you have the right to terminate the contract free of charge and you are entitled to compensation.
After dissolution, we will refund the amount you have paid as soon as possible, but no later than 14 days after dissolution.
If delivery of a separately ordered product proves impossible, we will do our best to provide you with a replacement item. deliver. This will be reported clearly and comprehensibly at the latest upon delivery. If it is a distance purchase (see Article 10), you can still use your right of withdrawal. In this case, the costs for the return are on our account.
The risk of damage and/or loss of product exists up to the time of delivery to you or a third party nominated by you to us unless you have chosen a shipping method that we do not offer as standard.
Article 6. Warranty
All of our new products come with a one-year warranty. Manufacturers or importers of products or specific components may offer their own warranty. You can also contact us if you want to rely on such a guarantee. As a seller, we remain your contact at all times.
Danger!
Please note that warranty rights may expire if you make changes to the delivered products.
Article 7. Conformity
We guarantee that our products and services comply with the (purchase) agreement, the specifications stated in our offer, the reasonable requirements for solidity and usability, as well as the legal provisions and government regulations existing at the time of the realization of the (purchase) agreement. Guarantees under Article 6 do not affect the right referred to in this Article.
Article 8. Privacy Policy
We attach great importance to a clear and transparent data protection policy. Therefore, the following rules apply:
Only the personal information that may or may be necessary to maintain and improve our services to you or at our time is collected based on laws and regulations;
Your personal data will be processed, stored and managed in accordance with the applicable data protection regulations.For further information on this, please refer to the privacy policy that we have published on our website:
All your personal data that our employees see will be kept strictly confidential (documents, emails, etc.). All our employees have also signed a confidentiality clause in their employment contract.
We only pass on your personal data to third parties if we have entered into written agreements with these parties regarding the processing of your personal data.
As a consumer, you have various rights. Within four weeks of receipt of the request to exercise your legal rights, we will inform you about your request and how it will be processed.
More information on how we deal with your privacy? In our privacy policy, we indicate what personal data we process from you and how we collect it, for what purposes we do it, to whom we provide your personal data, how long we keep your personal data, how we protect your personal data, and how to do this. Submit complaints and/or contact us.
Article 9. Retention of title
We reserve the title as long as the purchase has not been paid for in full. In our repair orders, we provide as clear a description as possible of the items you offer for repair, so your property rights are not affected if the repair company goes bankrupt while your items are just there.
Article 10. Buy at a distance
In a so-called remote sales contract, which is usually referred to as a remote sales contract (e.g. an order in a web shop), special additional rules apply which we have listed separately in this article.
We speak of a distance purchase when it is a purchase contract where there is no direct contact between the seller and the consumer. In the vernacular: without both being in the same room. This therefore applies not only to purchases via the Internet (web shops), but also to telephone or written orders that fall under the term "distance selling".
The most important part of a distance purchase is that the consumer has a cooling-off period of 14 days (starting the day after delivery) to cancel the purchase. Within this period he can exercise his right of withdrawal, the right to cancel the purchase.
Article 10a. information
The information you receive prior to your purchase is such that you can properly evaluate the offer, for example through images that are a true representation of the products. The information is clear and understandable and can also be found quickly and easily (in time for the conclusion of the agreement) on our website.
You will also receive clear information about your rights and obligations, e.g. e.g.:
- the total price to be paid, including any additional costs (these will also be specified separately), including, for example, any home copy levies or shipping costs;
- the manner in which the agreement is concluded;
- whether the right of withdrawal applies or not, how you use the right of withdrawal, the model withdrawal form, but also who bears what costs if the right of withdrawal is used;
- the method of payment, delivery or performance of the agreement;
- the period during which the price or the opportunity to accept the offer is valid;
- The prices you need to pay when you want to contact us are different from the base price. If you are already a customer and want to contact the concluded contract, the price is never higher than the basic price;
- Access to the data we hold about you;
- the minimum duration of the distance contract if it is a matter of continuous or regular delivery of products or services. In addition, the total price and the total costs per billing period are given. If such an agreement is subject to a flat fee, the total price includes the total monthly costs.
You will also receive the following information:
our visiting address at which a complaint may be made;
how to exercise your right of withdrawal;
Information on existing after-sales services and guarantees;
the data mentioned above in 10a and under identity;
the conditions for terminating the contract.
This information is also clear and understandable and can be found quickly and easily on our website before the agreement is concluded.
After the conclusion of the contract, but at the latest after delivery of the product or service, you as a buyer will receive all the information referred to in 10a in such a way that you can easily save it on what is legally called a durable data carrier. A durable medium is a means by which information is stored in a way that allows you to read it later, such as B. a CD, a PDF file, or a document that can be printed. An e-mail is also regarded as a permanent medium. If you have already received the information in this way before the conclusion of the agreement, this is sufficient and the information does not have to be provided again.
Section 10b. Consideration period upon delivery of the products (right of withdrawal)
When purchasing products, you as a consumer have a cooling-off period of 14 days. The cooling off period begins the day after you receive the product or if this was done on your behalf.
Or:
- if you have ordered several products in one order: on the day on which you or one of your named third parties received the last product from this order.
- If the delivery of a product consists of several shipments or parts: the day on which you or a third party designated by you received the last shipment or part
- in the case of contracts for the regular delivery of products during a certain period of time, e.g. B. a magazine every month: the day on which you or a third party designated by you received the first product.
During this period you have the option to terminate the contract without giving any reason. You can use the model cancellation form or tell us in another clear way that you want to cancel the contract. If the notification is made online, we will confirm receipt. You must return the products within 14 days of withdrawal. This is known as the right of withdrawal.
During the reflection period, you should handle the product and packaging with care. This means that you only unpack or use the product to the extent necessary to assess whether you wish to keep it. If you exercise your right of withdrawal, you should return the product to us with all accessories that came with it and - if possible - in the original condition and packaging. We will give you clear information about it.
You are only liable for any depreciation resulting from the handling of the product beyond what is permitted in paragraph 2. We are entitled to offset the depreciation against the amount you get back.
If you exercise your right of withdrawal, you do not have to pay more than the cost of the return. If this is not possible by post we will estimate the cost for you. If we bear the return shipping costs, we will state this clearly.
We will inform you as soon as possible, in any case no later than 14 days. Refund after cancellation. We are entitled to withhold a refund until we have received the products or until you have proven that you have returned the products.
If you have chosen a more expensive shipping method than the cheapest standard delivery, we do not have to reimburse the additional costs of paying for the more expensive method.
Article 10c. Exclusion of the right of withdrawal
Sometimes you as a consumer do not have a right of withdrawal, but this must be clearly stated by us before entering into the agreement. This concerns, among other things:
Products or services whose price depends on fluctuations in the financial market, over which we have no control and which are within the withdrawal period may occur.
Agreements concluded during a public auction. Products purchased at an internet auction are generally not covered. The right of withdrawal applies to this.
Services rendered, but only if:
- the performance has started with your express prior consent; and
- You declared that you lose your right of withdrawal after we have fully performed the agreement within the cooling off period.
Products made to your specifications that are not prefabricated and are made to your liking choice or decision, whether clearly intended for a specific person;
Products that spoil quickly or have a limited shelf life.
Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal is affixed after delivery separately.
Products which, by their very nature, are irrevocably mixed with other products after delivery.
Sealed audio, video recordings and computer software whose seal has been broken after delivery.
Individual newspapers, periodicals or magazines, with the exception of subscriptions.
Section 10d. payment
Each time a consumer makes a purchase, full prepayment is made in the terms and conditions with the different payment methods offered to be able to pay.
Section 10e. cancellation
An order can be canceled free of charge if it has not yet been shipped, except for products and / or services that are excluded from the right of withdrawal.
Article 11. Complaints and Complaint Period
Because we want to provide our customers with the best possible service, we think it's important to hear from you if you have any complaints about our services. Do this - in part to limit damage - as quickly as possible. By law, a complaint will be timely reported if it is made within two months of discovery. This also applies in the event that the purchased product does not have the properties that you can expect based on the purchase contract. It is in your interest to make your complaints known in writing.
If you submit a complaint to us, it will be answered within 14 days at the latest. If we need more time to do this, we will let you know within 14 days when you can expect a response. Note: The above only applies to complaints regarding the products and/or services we supply. Different rules apply to complaints related to our processing of your personal data. For more information, see the privacy policy on our website or contact us.
Article 12. Disputes
The agreements to which these general terms and conditions apply are exclusively governed by Dutch law. All disputes related to the above agreements will be submitted to the competent court.
If a distance purchase is made under Article 10, you can also file a complaint / bring the dispute via the European Online Dispute Resolution (ODR) platform. You can find this platform at https://ec.europa.eu/consumers/odr/.
