Terms and Conditions
Article 1. All agreements in writing
We strive to record our agreements about the price, characteristics of the product to be delivered, delivery time, time of payment, etc. as much as possible in writing. Agreements regarding repairs are also recorded in writing.
Article 2. The offer
If our offer (and the price thereof) is subject to a limited period of validity or special conditions apply, this will be stated in the offer.
The offer with regard to products is valid as long as stocks last.
We describe the offered products / services in such a way that you as a consumer can make a good assessment. The images placed with the offer are truthful; if this is not possible, then we will mention that.
Article 3. The price
Our prices include VAT and exclude additional costs such as shipping and delivery costs. These will also be mentioned in the purchasing proces or in the offer if applicable.
During the period that the offer is valid, the prices of the offered products / services are not increased, unless they are the result of statutory regulations (this includes, for example, the increase in the VAT rate).
Article 4. Payment
We offer various payment methods, which may differ from time to time. You will receive an invoice from us upon request.
Just like you, we have our payment obligations. If you postpone your payment, there are costs for us. If legally permitted, we can charge you for the damage we suffer as a result (interest loss and reasonable costs to still collect the outstanding amount).
Article 5. Delivery and execution
We naturally strive to deliver at the latest at the agreed time. This happens as quickly as possible but no later than 30 days, unless a longer delivery period has been agreed. Should delivery be made too late, and there is no case of force majeure, then as a buyer – if it has been agreed that you would pay at the time of delivery – you have the right to postpone the payment until delivery has been made. If you wish, you can terminate the purchase agreement in whole or in part in the event of late delivery, unless the seriousness of the delivery period is not justified.
Delivery takes place at the address you have given us. If the delivery is delayed, or if an order or service can not or only partially be executed, you will receive notice of this as soon as possible. The deadline for this is 30 days after you have concluded the (purchase) agreement. After this period you have the right to terminate the contract without penalty and the right to any compensation.
After dissolution, we will refund the amount you have paid as soon as possible but no later than 30 days after termination.
If the delivery of a separately ordered product proves to be impossible, we do our best to provide you with a replacement product. This will be reported in a clear and comprehensible manner no later than on delivery. If it concerns a distance purchase (see article 10), you can still use your right of withdrawal. The costs of return shipment are in that case for our account.
If a product has to be ordered from the supplier especially for you, it is not possible to return that product if the product meets the set specifications.
The risk of damage and / or loss of products is up to the moment of delivery to you, with us, unless other agreements have been made explicitly.
Article 6. Warranty
A one-year guarantee applies to all our new products. This does not include batteries: these are not covered under warranty.
A warranty will not affect your statutory rights.
Pay attention! We would like to point out that rights to the guarantee can be forfeited if you make changes to the delivered products yourself.
Failure to comply with the technical specifications for range or battery life is not part of the warranty. Battery life is affected by use. Range can depend on the situation the product is used in.
Article 7. Conformity
We guarantee that our products and services comply with the purchase agreement, the specifications stated in our offer, the reasonable requirements of soundness and usability and the legal provisions and government regulations existing on the date of the conclusion of the purchase agreement.
Article 8. Privacy regulation
– only those personal data are collected that are necessary to maintain and improve our service to the customer;
– your personal data will be processed, stored and managed in compliance with the applicable privacy legislation;
– all other information that our employees come across are handled strictly confidentially (documents, e-mails, etc. ).
Exceptions are those cases where the law requires us to pass on data to competent authorities.
Article 9. Retention of title
We retain ownership for as long as the purchase has not been paid in full. On our repair assignments we give as clear a description as possible of the articles you have offered for repair, so that your property rights are not in question if the repair shop goes bankrupt while your articles are just there at that moment.
Article 10. Buy at a distance
When it concerns a so-called distance contract, usually called distance selling (for example an order at a webshop), special additional rules apply which we have included separately in this article.
A distance purchase is used when it concerns a purchase agreement in which there is no direct contact between seller and consumer. Most popularly: without both being in the same room. That does not only apply to purchases via the internet (web shops), but also telephone or written orders fall under the concept of distance selling.
The most important part of a distance purchase is that the consumer has a cooling off period of 14 working days after delivery to cancel the purchase. Within that time he can use his right of withdrawal, the right to cancel the purchase.
Article 10a. Information
The information you receive prior to the purchase is such that you can properly assess the offer, for example through images that are a true reflection of the products. In addition, you will receive clear information about your rights and obligations, such as:
– the total price to be paid, including all additional costs, including, for example, delivery costs;
– the way in which the agreement is concluded;
– whether or not to apply the right of withdrawal;
– the method of payment, delivery or execution of the agreement;
– the period that the price or the possibility to accept the offer applies;
– the rates you have to pay if you want to contact us if this is different from the basic rate;
– access to the data that we have stored about you;
– the minimum duration of the distance contract when it concerns a continuous or periodic delivery of products or services.
By the time of delivery of the product or service, you will receive the following information as the buyer:
a. our address, where a complaint can be submitted;
b. the way you can use your right of withdrawal;
c. information about service after purchase and guarantees;
d. the aforementioned information, unless you have received it prior to the execution of the agreement;
e. the conditions for terminating the agreement if it lasts longer than one year or is indefinite.
You will receive this information in such a way that it can easily be stored by you on a durable data carrier, as it is legally called.
Article 10b. Confirmation and security
Once you have placed an order, you will receive confirmation from us electronically. As long as this has not happened, you can still cancel the purchase by dissolving the agreement. If you order over the internet, we provide security for the exchanged data and for a secure web environment.
Article 10c. Reflection period for delivery of products (right of withdrawal)
When purchasing products, you as a consumer have a cooling off period of 14 working days. The reflection period starts the day after you receive the product or it has been received on your behalf.
During this period you have the option to terminate the agreement without having to give a reason for this. This can be done by letting the seller know or return the product within the period is also sufficient. This is called the right of withdrawal.
During the cooling-off period you should carefully handle the product and the packaging. This means that you only unpack or use the product to the extent that this is necessary to be able to assess whether you want to keep it. If youuse your right of withdrawal, you should return the product with all accessories and – if reasonably possible – in the original condition and packaging.
If you make use of your right of withdrawal, you will only have to pay the costs of return. If we take care of the return costs, we will clearly state this. All other costs that you have already paid, we will refund you as soon as possible, in any case no later than 14 days after the return or cancellation.
The right of withdrawal does not apply to products specifically ordered for you by the manufacturer.
Article 10d. Exclusion of right of withdrawal
Sometimes there is no right of withdrawal for you as a consumer, but that must be clearly stated by us and before the contract is concluded. It concerns products:
a) The right of withdrawal does not apply to products specifically ordered for you by the manufacturer.
b) that we have created in accordance with the consumer’s specifications;
b) that are clearly personal in nature;
d) which can not be returned due to their nature;
e) the price of which is subject to fluctuations in the financial market on which the entrepreneur has no influence;
f) for audio and video recordings and computer software of which the consumer has broken the seal.
Article 10f. Payment
With every consumer purchase, the general terms and conditions can never ask for a prepayment of more than 50% and that, insofar as nothing else has been agreed, the buyer pays (the remainder of) the purchase price upon or after delivery of the order.
Article 10g. Cancellation
An order can be canceled free of charge if it has not yet been sent, except when it concerns so-called customization (an order that was made in accordance with the consumer’s specifications) or specially ordered products for the customer.
Article 11. Complaints and complaint term
Because we want to give our customers an optimal service, we think it is important to hear from you if you have complaints about our products and/or services. Do this – also to limit any damage – as soon as possible. According to the law, a complaint is made known in time if this happens within two months of discovery. This also applies in the event that the purchased product does not have the properties that you could expect on the basis of the purchase agreement. 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 for this, we will let you know within 14 days when you can expect an answer.
Article 12. Disputes
Dutch law applies exclusively to agreements to which these general terms and conditions apply.
Article 13. Return / take back product.
When returning, the package must be in original condition. Use an outer packaging (envelope / box) to return the product. The costs for returning a product, upon return or guarantee, are at the expense of the buyer. Both the product costs and any shipping costs paid will be refunded when the product is taken back.
DearFinder (part of MetJeMobiel Accessoires)