Term & Conditions

GENERAL TERMS AND CONDITIONS BUSINESS TO BUSINESS

These general terms and conditions are used by N.T. Mobiel Accessoires B.V., located at Innsbruckweg 46, 3047 AH Rotterdam, the Netherlands, registered at the Dutch Chamber of Commerce under number 55180167.

CONTENTS

1. Definitions
2. Applicability
3. Offers and orders
4. Performance
5. Prices/Payments
6. Delivery and transport
7. Warranty
8. Liability
9. Force majeure
10. Termination
11. Intellectual property rights
12. Customer data, privacy and confidentiality
13. Right of withdrawal
14. Complaints procedure
15. Other
16. Applicable law and disputes

1. Definitions

1.1 In these general terms and conditions, the following terms have the following meanings: Customer: the purchaser of Products, not being a consumer or end user; Agreement: all agreements between the Customer and Seller, including all amendments and additions related to the purchase and sale of Products; Parties: Customer and Seller; Products: all products and services of the Seller; Seller: N.T. Mobiel Accessoires B.V.

Terms: these general terms and conditions; Website: www.nt-mobiel.nl. All definitions have the same meaning in singular and plural unless explicitly stated otherwise.

2. Applicability

2.1 These Terms apply to all quotations and offers from the Seller, as well as all Agreements and resulting legal consequences, unless Parties explicitly agree otherwise.

2.2 The applicability of the Customer's (purchase) conditions is expressly excluded.

2.3 If any provision of these Terms is void or annulled, the remaining provisions remain fully valid. Seller and Customer will then consult to replace the void or annulled provision with a new one reflecting the original purpose as much as possible.

2.4 Seller is authorised to amend these Terms at any time. The most recent version applies. Amendments take effect fourteen (14) days after notification to the Customer. If Customer objects in writing within these fourteen (14) days, the original Terms remain applicable to that Customer.

3. Offers and orders

3.1 All offers and quotations by Seller are without obligation and non-binding unless explicitly stated otherwise.

3.2 All offers and quotations remain valid for 30 days unless specified otherwise.

3.3 Customer guarantees the accuracy and completeness of the information on which Seller bases its offer.

3.4 Seller is not bound by obvious errors or mistakes. If a price deviates more than 10 percent from the intended price, Seller may terminate the Agreement and refund the Customer. Seller is not liable for any damages resulting from such termination.

3.5 Orders may be placed via: the Website, telephone, or e-mail.

3.6 An Agreement is concluded only after Seller has accepted the order. Seller will inform the Customer about acceptance and shipment and will provide a tracking number.

3.7 Seller may refuse an order (fully or partially) without reason and without liability, for example in case of suspicion of non-payment or unavailability of Products.

4. Performance

4.1 Seller will perform the Agreement to the best of its ability and, where applicable, according to written arrangements. All activities are obligations of effort unless explicitly agreed otherwise.

4.2 Seller may engage third parties if necessary for proper performance. Article 7:404 of the Dutch Civil Code is excluded.

4.3 Seller will select third parties with care but is not liable for any damage caused by such third parties.

5. Prices/Payments

5.1 Unless agreed otherwise, all payments must be made in advance. Seller will perform the Agreement only after receipt of payment. Post-payment is possible only after Seller’s approval.

5.2 Seller may demand partial or full payment or security at any time and suspend performance until payment or security is provided.

5.3 All prices are in euros unless stated otherwise. Prices are exclusive of VAT, taxes, transport, packaging, insurance, and import/export duties.

5.4 Seller may adjust prices based on the Consumer Price Index. Government measures increasing costs may be passed on to Customer even with fixed pricing.

5.5 If Customer fails to pay, Customer is in default and must pay interest of 1.25 percent per month plus collection costs of 15 percent with a minimum of EUR 250.

5.6 Payments will first cover collection costs, then interest, then principal.

6. Delivery and transport

6.1 All delivery dates are estimates. Seller aims to deliver on time but is not liable for delays caused by carriers or suppliers.

6.2 Customer must report defects within 8 working days after receipt.

6.3 If items are out of stock, Seller may deliver in parts.

6.4 Risk transfers to Customer once Products are handed to the carrier.

6.5 Customer must check quantity and condition upon delivery and note discrepancies on the delivery slip. Without such notes, Seller accepts no liability.

7. Warranty

7.1 Products meet the usual standards for normal use in the Netherlands.

7.2 Warranty is limited to the manufacturer’s warranty provided by suppliers.

7.3 If a Product has a design, material or manufacturing defect and this is reported in time, Seller will repair or replace it.

7.4 Warranty does not apply in case of wear, improper use, expiry date, or attempts by Customer to repair defects.

7.5 Warranty applies only if Customer fulfils all obligations.

7.6 Replacement or repair does not extend the warranty period. Costs outside warranty are at Customer’s expense.

8. Liability

8.1 Seller is not liable for indirect damages including consequential loss, lost profit, lost data or business interruption.

8.2 Liability is limited to direct damages up to the amount paid under the Agreement unless insurance covers more.

8.3 Customer must first give Seller written notice and a reasonable period to comply.

8.4 Claims must be reported within 30 days after occurrence.

9. Force majeure

9.1 Seller is not obliged to fulfil obligations in case of force majeure.

9.2 Force majeure includes but is not limited to strikes, supplier delays, war, terrorism, embargoes, epidemics, transport issues, fire, theft, and energy failures.

10. Termination

10.1 Seller may suspend or terminate the Agreement without notice or liability if: a) Customer fails to pay; b) Customer faces bankruptcy; c) Customer applies for suspension of payment; d) Customer cannot freely dispose of funds; e) Customer dissolves the business; f) ownership changes; g) circumstances arise making performance unreasonable.

10.2 All claims become immediately due in such cases.

11. Intellectual property rights

11.1 All designs, drawings, samples and related materials remain Seller’s property and may not be reproduced or shared without written permission.

11.2 Seller retains all intellectual property rights under copyright and other laws.

11.3 Customer guarantees no infringement of Seller’s or suppliers’ rights.

12. Customer data, privacy and confidentiality

12.1 Seller collects Customer data only when necessary. Data may be used within Seller’s organisation or affiliated companies and will not be stored longer than needed. Customer grants irrevocable consent.

12.2 Customer guarantees correctness of provided data and must inform Seller of changes.

12.3 Seller may share data with third parties when necessary for the Agreement, for collection, for credit reports or if legally required.

12.4 Both Parties must maintain confidentiality during and after the Agreement.

13. Right of withdrawal

1. The consumer has the right to withdraw the agreement within 14 days without giving any reason. This period starts the day after receipt of the product.
2. Return requests must be submitted via the personal customer account in the Lightspeed environment of NT Mobiel.
3. After registration, the consumer has another 14 days to return the product.
4. Returned products must be in good condition, undamaged, and preferably in original packaging.
5. Returns are only accepted if the full purchase amount has been paid.
6. When the return meets all requirements, the purchase amount will be refunded within 14 days after receipt.
7. NT Mobiel may offer repair or replacement instead of refund if possible and agreed by the customer.
8. Return costs are borne by the consumer unless the product is defective or incorrectly delivered.
9. Electronic devices have a warranty of one (1) year. Accessories such as phone cases are excluded from warranty.
10. Complaints must first be submitted to NT Mobiel. If unresolved, consumers may contact: Stichting WebwinkelKeur: https://www.webwinkelkeur.nl/kennisbank/consumenten/geschil EU ODR platform: http://ec.europa.eu/odr

14. Complaints procedure

1. Our complaints form is available at: https://www.nt-mobiel.nl/nl/service/klachten/
2. The entrepreneur has a complaints procedure and handles complaints accordingly.
3. Complaints must be submitted clearly within 7 days after discovering the issue.
4. Complaints are answered within 14 days. If more time is needed, the customer will be informed.
5. If the complaint cannot be resolved, a dispute arises covered by the dispute procedure.
6. If the shop is affiliated with WebwinkelKeur, unresolved complaints can be submitted to WebwinkelKeur for mediation. If still unresolved, the independent dispute committee may be approached.
7. A complaint does not suspend obligations unless stated otherwise.
8. If a complaint is justified, Seller will repair or replace the products free of charge.

15. Other

15.1 Customer may not transfer any rights arising from the Agreement without written permission. Seller may transfer its rights at any time.

16. Applicable law and disputes

16.1 Dutch law applies to these Terms and all Agreements.

16.2 Disputes will be submitted exclusively to the competent court of Oost-Brabant, location ’s-Hertogenbosch.

16.3 The Vienna Sales Convention (CISG) does not apply.

NT Mobiel Accessoires B.V. 4 April 2016, Rotterdam

Innsbruckweg 46
3047AH Rotterdam

Tel: +31 (0)102298903
Email: [email protected]

Chamber of Commerce: 55180167
VAT number: 851597518B01
IBAN: NL08INGB0103832556
BIC: INGBNL2AXXX