General terms & Agreements

Table of Contents:

Article 1 - Definitions

Article 2 - Identity of the Entrepreneur

Article 3 - Applicability

Article 4 - The Offer

Article 5 - The Agreement

Article 6 - Right of Withdrawal

Article 7 - Costs in Case of Withdrawal

Article 8 - Exclusion of the Right of Withdrawal

Article 9 - The Price

Article 10 - Conformity and Guarantee

Article 11 - Delivery and Execution

Article 12 - Continuing Transactions: Duration, Termination, and Extension

Article 13 - Payment

Article 14 - Complaints Procedure

Article 15 - Disputes

Article 16 - Additional or Deviating Provisions

Article 1 - Definitions

In these conditions, the following terms are understood to mean:

1. Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
2. Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance contract relating to a series of products and/or services, of which the delivery and/or purchase obligation is spread over time;
5. Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
6. Right of withdrawal: the consumer's ability to waive the distance contract within the cooling-off period;
7. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
8. Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, only use is made of one or more techniques for distance communication;
9. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being simultaneously in the same space.
10. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the Entrepreneur

Accurate B.V.
- Website: www.refurbishedebikebattery.com
- Address: Scheiweg 31, 5421XL, Gemert
- Email: info@refurbishedebikebattery.com
- Chamber of Commerce (KVK): 77844858
- VAT ID (BTW): NL861167727B01

Article 3 - Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded and orders between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, it will be indicated, before the distance contract is concluded, that the general terms and conditions are available for inspection at the entrepreneur and they will be sent to the consumer free of charge at his request as soon as possible.
3. If the contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer by electronic means in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent to the consumer free of charge upon request by electronic means or in another way.
4. In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply by analogy, and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.
5. If one or more provisions in these general terms and conditions are void or are annulled at any time, the agreement and these terms and conditions will remain in effect for the rest, and the relevant provision will be replaced in consultation as soon as possible by a provision that approaches the meaning of the original as much as possible.
6. Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
7. Ambiguities about the interpretation or content of one or more provisions of our conditions must be explained 'in the spirit' of these general terms and conditions.
8. These conditions are governed by and interpreted in accordance with the laws of the Netherlands.

Article 4 - The Offer

1. If an offer has a limited duration or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
3. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
4. All images, specifications, data in the offer are indicative and cannot lead to compensation or termination of the agreement.
5. Images with products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
6. The entrepreneur tests the stock sample-wise to ensure the quality of the products. The e-bike batteries are periodically tested in the e-bike to determine their condition. These e-bike batteries may possibly return to stock.
7. Every offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:

• the price including taxes;
• any shipping costs;
• the way in which the agreement will be concluded and which actions are necessary for this;
• whether or not the right of withdrawal applies;
• the method of payment, delivery, and implementation of the agreement;
• the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
• the height of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a different basis than the regular basic rate for the used communication medium;
• whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer. See the privacy statement for this;
• the way in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, restore it;
• any languages ​​other than Dutch in which, in addition to Dutch, the agreement can be concluded;
• the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and
• the minimum duration of the distance contract in the case of a continuing performance transaction.

Article 5 - The Agreement

1. The agreement is concluded, subject to the provisions of clause 4, at the moment of acceptance by the consumer of the offer and compliance with the stipulated conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur immediately confirms the receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this.
4. The entrepreneur may - within legal frameworks - inquire whether the consumer can meet his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance agreement. If, on the basis of this investigation, the entrepreneur 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 entrepreneur will send the following information about the product or service to the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
6. the visiting address of the entrepreneur's establishment where the consumer can address complaints, as specified in the general terms and conditions;
7. the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
8. information about guarantees and existing service after purchase;
9. the data included in article 4, paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
10. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.
11. In the case of a continuing transaction, the provision in the previous paragraph applies only to the first delivery.
12. Every agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.

Article 6 - Right of Withdrawal

In the case of delivery of products:

1. With the purchase of products, the consumer has the option to dissolve the agreement without giving any reason within 14 days, in accordance with the law. This cooling-off period starts on the day after the consumer receives the product. As a gesture of goodwill, the entrepreneur extends the aforementioned 14 days to 30 days. This means that the consumer has 30 days to dissolve the agreement. However, after 14 days, the consumer must provide a reason for withdrawal.
2. 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 retain the product. If he makes use of his right of withdrawal, he will return the product to the entrepreneur with all accessories supplied and - if reasonably possible - in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. With the "reasonable and clear instructions provided by the entrepreneur," the document with important information sent with each order confirmation and invoice is meant, among other things. The entrepreneur explicitly expects the consumer to take note of this.
4. If the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the entrepreneur within 30 days, after receiving the product, by means of an email or via the online return form. After the consumer has indicated that he wants to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example, by means of proof of dispatch.
5. If the customer has not made it known within the periods mentioned in paragraphs 2 and 3 that he wishes to make use of his right of withdrawal, respectively, has not returned the product to the entrepreneur, the purchase is a fact.

Article 7 - Costs in Case of Withdrawal

1. If the consumer makes use of his right of withdrawal, the costs of returning the goods will be at most for his account.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. The condition here is that the product has already been received by the webshop or conclusive evidence of complete return can be provided. Repayment will be made using the same payment method used by the consumer, unless the consumer expressly gives permission for another payment method.
3. In the event of damage to the product due to careless handling by the consumer himself, the consumer is liable for any depreciation of the product. The depreciation is determined by a technical specialist in the employ of Accurate B.V.
4. The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, this must be done before the conclusion of the purchase agreement.

Article 8 - Exclusion of the Right of Withdrawal

1. The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraph 2. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, or at least in a timely manner before the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
3. that have been produced by the entrepreneur in accordance with the consumer's specifications;
4. that are clearly of a personal nature;
5. that cannot be returned due to their nature;
6. Batteries and chargers where the consumer has broken the seal.
7. When the technical specialist of Accurate B.V. has determined that changes have been made to the product.

Article 9 - The Price

1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, unless price changes result from changes in VAT rates.
2. Price increases within 3 months after the conclusion of the agreement and before receipt by the consumer are only permitted if they result from legal regulations or contractual provisions.
3. Price increases from 3 months after the conclusion of the agreement and before receipt by the consumer are only permitted if the entrepreneur has stipulated this and:
4. they result from legal regulations or contractual provisions; or
5. the consumer has the authority to terminate the agreement from the day the price increase takes effect.
6. The prices mentioned in the offer of products or services are inclusive of VAT.
7. All prices are subject to printing and typesetting errors or typos. No liability is accepted for the consequences of printing and typesetting errors or typos. In the case of printing and typesetting errors or typos, the entrepreneur is not obliged to deliver the product at the incorrect price.