Article 1. General
In these terms and conditions, Shop4Power, located at Duisterendijk 5a in Wijhe, is referred to as Shop4Power and its contracting partner as the buyer. In the case of the delivery of services, Shop4Power is also referred to as the contractor and the buyer as the client.
8131 RA WIJHE
CoC registration: 63967588
IBAN: NL70 INGB 0006 9459 97
These terms and conditions apply to all agreements with Shop4Power regarding the sale, delivery, repair and maintenance of components, peripherals, software and related products and/or services.
These terms and conditions apply to every offer and every agreement or legal relationship between Shop4Power and a (potential) buyer, unless expressly and in writing deviated from by the parties and to the exclusion of any general terms and conditions of the other party.
The buyer is not considered a (commercial) agent or distributor of Shop4Power unless appointed as such in writing.
Deviations and/or additions to these terms and conditions only apply if they have been confirmed in writing to the buyer.
A copy of these terms and conditions is available free of charge from Shop4Power.
Shop4Power reserves the right to change these terms and conditions.
Article 2. Offer and order
All offers from Shop4Power, in any form, are always non-binding, non-obligatory and while stocks last, unless otherwise agreed.
Upon acceptance of a non-binding offer by the buyer, Shop4Power reserves the right to withdraw or deviate from the offer within 2 working days of receipt of that acceptance. Verbal commitments only bind Shop4Power after they have been expressly and in writing confirmed by the management of Shop4Power.
Verbal commitments only bind Shop4Power after they have been expressly and in writing confirmed by the management of Shop4Power.
All images, drawings and data regarding weights, dimensions, colors, data regarding the applicability of the equipment for new technologies, in price lists, brochures and brochures are compiled with the utmost care. Minor deviations in the data provided by Shop4Power are permitted as long as they do not result in a substantially different performance to be carried out by Shop4Power. However, Shop4Power expressly reserves the right to make changes and improvements with respect to the provided data, which are beneficial to technical progress, in accordance with the above. The buyer cannot derive any rights from this.
Article 3. Agreements
Except for cash sales and advance payments, agreements are not concluded by an oral order or by sending an order by fax, letter, email or other medium, but only by an order via the Shop4Power website with a subsequent digital order confirmation from Shop4Power.
A digital order confirmation or a confirmation of a change in an agreement is considered to correctly and fully reflect the agreement, unless the buyer objects immediately.
An agreement only comes into effect after an order or instruction has been confirmed in writing or by means of another expression of acceptance by Shop4Power. Additions, changes and further agreements with regard to placed orders and instructions only apply if they have been confirmed in writing by Shop4Power.
Shop4Power always has the right to withdraw from the agreement (order) within 10 days of the conclusion of the instruction, without giving a reason.
Article 4. Prices
Shop4Power’s goods are delivered at the prices applicable at the time of ordering from Shop4Power, subject to typing errors. Shop4Power’s services are carried out at the price calculated by Shop4Power in its usual manner after the services have been provided.
All offers from Shop4Power are non-binding and are an invitation. Prices as listed on the website are subject to typing errors. All prices we quote to customers are valid for a maximum of 14 days.
For orders below a certain net value, a fee for order and administrative costs will be charged.
Article 5. Delivery
The delivery time for orders is normally a maximum of 30 days, unless otherwise stated or mentioned.
Unless agreed in writing otherwise, Shop4Power determines the method of dispatch. In the event that Shop4Power has chosen the method of dispatch, the goods travel at the risk of Shop4Power. Shop4Power transfers the risk of the goods at the time the goods are offered for receipt at the specified address. Shipments abroad are carried out without Track & Trace, therefore shipments abroad are at the risk of the buyer.
If the delivery is postponed or accelerated at the request of the buyer, the buyer is obliged to pay the resulting costs.
The maximum delivery time for an order is 30 days, except for orders containing pre-order products or products with an unknown delivery time. These products are marked with a special status, of which the buyer is aware. If the delivery time of the order is not achievable within 30 days, Shop4Power will inform the buyer in good time and offer the possibility to choose an alternative product, agree on a new delivery time or dissolve the agreement. Already paid amounts will be refunded within 30 days in the event of dissolution.
Shop4Power is not obliged to supply products that have been delivered once if these products have been discontinued from production by him or his suppliers or have otherwise been discontinued from his sales program for any other reason.
If the buyer has not picked up the goods from the storage location specified by Shop4Power within three weeks despite being summoned to do so, Shop4Power has the right to sell the goods privately or publicly at its discretion and hold the original buyer liable for any loss The original buyer is always obliged to reimburse the costs of the aforementioned storage and the (additional) shipping and administrative costs incurred by Shop4Power.
The exceeding of a delivery date never gives the buyer the right to any compensation from Shop4Power.
Unless it is a cash sale, payment via iDeal, credit card, or shipping COD, payment for the goods and/or services delivered by Shop4Power must be made within 8 days of the invoice date, unless agreed in writing otherwise. After 30 days have passed from the invoice date, the buyer who remains in default of timely payment, without the need for a default notice, is automatically in default by operation of law and is due interest on the outstanding invoice amount of 1.5% per month, with part of a month considered as a full month. In addition, Shop4Power is entitled to increase the amount owed by the buyer with (external) collection costs, including costs for lawyers, bailiffs, internal costs, etc. Included. If these costs are not paid on time, they will be provisionally determined in advance at an amount of 15% of the unpaid invoice, with a minimum of €225,=
Payments made by the buyer always serve to first settle all due interest and costs, and then to settle the oldest claimable invoices that are still outstanding, even if the other party specifies that the payment relates to a later invoice.
For payments made by Credit Card, we are required by PaySquare (credit card payment acceptance company) to request a copy of the buyer’s ID for amounts above 1,500 EUR. This is an additional protection for the buyer against credit card fraud.
Shipping is made to the address specified by the buyer in the online shop. Additional costs incurred by the seller as a result of an incorrectly specified delivery address will be passed on to the buyer.
Shop4Power only delivers/sells batteries to The Netherlands, Belgium and Germany.
Shop4power only delivers/sells batteries to The Netherlands, Belgium and Germany.
Article 6. Cooling-off period
After the buyer has received the ordered product, the buyer has the authority to dissolve the underlying agreement with Shop4Power within fourteen (14) working days after receiving this product. The buyer does not have to provide a reason for this. To return the product, the buyer can use this form. The product must be returned to Shop4Power, with a provided RMA number, in the original packaging with all accompanying accessories. Only when the product, complete, undamaged and in the original packaging has been received by Shop4Power will Shop4Power proceed to refund payment. Provided that the provisions of Articles 6.4 and 6.5 have been met.
If the buyer wishes to dissolve the agreement with Shop4Power under Article 5.1 of these terms and conditions, the buyer must notify Shop4Power in writing (via email, letter or fax). The buyer must send the product – after requesting an RMA number – to an address specified by Shop4Power. The buyer must bear the costs and risks of sending in this case.
If the buyer has already made any payments at the time the buyer dissolves the agreement with Shop4Power in accordance with Articles 6.1 and 6.2 of these Purchase Conditions, Shop4Power will refund the purchase amount of the returned products to the buyer within fourteen (14) days after Shop4Power has received the product returned by the buyer. Shop4Power will not charge the buyer any additional costs.
Shop4Power reserves the right to refuse returned products or to only credit a portion of the amount already paid if it is suspected that the product has already been used or has been damaged due to the fault of the buyer (other than that of Shop4Power or the supplier of the product).
If a product is returned that has, in the opinion of Shop4Power, suffered damage that is due to an act or omission of the buyer or otherwise at the risk of the buyer, Shop4Power will notify the buyer in writing (via fax, letter or email). Shop4Power has the right to deduct the value loss of the product resulting from this damage from the amount to be refunded to the buyer. Shop4Power has the right, with companies, not to refund the shipping costs upon refund of the purchase amount.
Batteries are excluded from the Distance Selling Act as it is impossible to check if these have been damaged by the buyer or not. Shop4Power cannot sell the batteries to another customer after they have been returned. The buyer accepts that batteries are excluded from the right of withdrawal when accepting the terms and conditions. The batteries can only be returned if the buyer wants to claim the product warranty. Of course, the batteries are not excluded from the warranty terms.
All UPS systems larger than 3kVA and all Salicru UPS systems are excluded from the right of withdrawal when accepting the terms and conditions. These UPS systemes are ordered especially for the customer and often also cabled for the customer. The buyer accepts when accepting the terms and conditions that these items are excluded from the right of withdrawal and that they can only be returned if the buyer wants to claim the product warranty.
Article 7. Retention of title
Shop4Power retains ownership of all goods delivered by it until full payment of the price of all goods delivered or to be delivered by Shop4Power to the buyer, as well as any claims for work performed or to be performed by Shop4Power on behalf of the buyer in the context of the delivery of goods, services, and any claims Shop4Power may have against the buyer for breach of contract between Shop4Power and the buyer, including collection costs, interest, and penalties.
Article 8. Delivery and complaints
Delivery times are approximate unless otherwise agreed. Shop4Power is not liable for any delays except in cases of intent or gross negligence.
Complaints about defective or incomplete delivery must be made known to Shop4Power by the customer within 5 days of receipt of the goods, preferably in writing.
The customer is not entitled to suspend payment on the grounds of complaints.
Batteries for E-scooters, Scootmobiels, Golf Trolleys are determined by means of specifications from manufacturers, dealer websites or resellers of batteries. The accuracy of this information is not guaranteed by Shop4Power. It is always the responsibility of the buyer to check dimensions and capacity.
Article 9. Warranty
The buyer must deliver the items eligible for replacement or repair at their own risk to the address specified by Shop4Power, mentioning an RMA number obtained from Shop4Power.
Shop4Power provides a “carry-in” warranty for manufacturing and material defects on the supplied items, which means that the costs of returning the items to the buyer within 8 days of purchase are the responsibility of the buyer.
If the packaging or its contents are found to be damaged upon arrival, you must file a report with the TPG post office. You must submit this report to Shop4Power within 2 days of receiving the goods, after which Shop4Power will handle the transport damage.
To claim a warranty, you must send a copy of the original invoice by fax, email or attach it to the return shipment. If no copy invoice is included, the return will not be processed and will be returned to you immediately. A fee of €15 for administration and processing will then be charged.
When returning an item, you must also include a description of the device’s error. A description such as “x defect” is not sufficient. The item being returned must also be properly packed for return. If the item is damaged upon arrival due to insufficient packaging, a report will be made and the warranty will be void.
Items are always thoroughly tested first, and in the event of a fault diagnosis (defect), most items will be exchanged for the same item if it is still available and in stock. For individuals and businesses, the exchange period is a maximum of three (3) months from the invoice date. For resellers, this exchange period is 14 days. If items are not (any longer) in the range or do not fall under this regulation, they will be returned to our supplier for repair, and we will be dependent on the repair period of that supplier. For resellers, however, the warranty period is six (6) months, unless the manufacturer has a longer warranty period.
For Planet products, there is a 3 year warranty on switches and industrial manufacturer, and a 2 year warranty on all other products. For 4Power products, there is a 2 year warranty. For all lead battery solutions and lead batteries, there is a 1 year warranty. For all lithium batteries, there is a 2 year warranty.
The exception to the warranty is the incorrect application of Intercel CPC batteries, these are not suited for use in scooters, if they are used in scooters they are not covered by the warranty.
The warranty for Shop4Power products that are equipped with factory-applied serial numbers covers free repair if a manufacturing or material defect is detected within 12 months from the date of purchase by Shop4Power.
This only takes place when the defective product is returned to Shop4Power after consultation.
With regard to products from third parties, Shop4Power is not liable for any further warranty than what it has received from its supplier or what the supplier directly grants to the end user.
The warranty period does not restart upon repair and/or replacement. However, a 90-day warranty is given on the repairs themselves.
If there is improper use, unauthorized modifications, incorrect connection, incorrect voltage, lightning strike, damage caused by moisture or other causes outside the control of Shop4Power, the warranty will expire. The warranty will never extend to the reimbursement of costs or damage caused by the customer making or having changes or repairs made to the products, or if the products are used for purposes other than those for which they are intended, or if they are handled or maintained carelessly or recklessly. If “viruses” are detected, Shop4Power reserves the right to remove them and charge the related costs.
If the customer has given Shop4Power an assignment for repair and has not picked up the item delivered within three months of the date of delivery, against payment of the amount due for investigation or repair, it is deemed to have waived the item delivered for repair in favour of Shop4Power. The customer will then indemnify Shop4Power from all claims by third parties regarding this item.The customer will then indemnify Shop4Power from all claims by third parties regarding this item.
Shop4Power does not offer a warranty on composite products and components, and consumables, unless a warranty is explicitly promised in writing.
Shop4Power is not responsible for any other warranties other than those specified in this article.
When replacing UPS batteries, Shop4Power only provides the batteries, all connection sets can be reused.
Article 10. Liability
Shop4Power will not be liable for any direct or indirect damage for which it has not explicitly accepted liability in these terms and conditions, except for damage caused by intent or gross negligence on the part of Shop4Power.
The buyer indemnifies Shop4Power against all claims from third parties.
Without prejudice to the foregoing, Shop4Power shall in no event be liable:
• for non-delivery or late delivery;
• for data contained in folders, catalogues, advertising material, quotations, etc.;
• in case of non-attributable shortcoming (force majeure); if the buyer or a third party repairs or modifies the goods delivered, uses
them for purposes other than for which they are suitable or intended, overloads the goods delivered or otherwise uses them improperly;
• for the property of third parties which is located on Shop4Power’s premises for the purposes of repair, storage or for any other reason;
• for business or consequential damages of any kind whatsoever;
• for damages caused by intent or gross negligence of assistants;
• for damages resulting from delivered software;
• for damages caused by loss of any data recorded on magnetic information carriers;
• for damages caused by the use of a modem connected to the telephone network, including loss of data, theft of data, incorrect transmission of data, mutilation of data or other files, and the maintenance of open telephone lines.
If Shop4Power is liable for any damages in any event, despite the above, Shop4Power shall only be liable to the extent that such liability is covered by its insurance, up to the amount of the payout made by the insurance.
If the insurance does not pay out in any event, Shop4Power shall never be liable for more than the invoice amount for the relevant agreement.
The limitation of liability as specified in this article applies in the same way to employees, workers and all other persons used by Shop4Power in the performance of the agreement.
Article 11. Termination
If the buyer fails to fulfill his obligations towards Shop4Power, if he fails to do so on time or properly, if he files for bankruptcy, is declared bankrupt, applies for a suspension of payment, offers a settlement or agreement to his creditors or a part of them, if his assets or a part thereof are seized, if he sells or liquidates his business, in case of death, curatorship or if he loses the management or control over his business, affairs or a part thereof in any other way, the buyer is in default by operation of law and all claims that Shop4Power has or will obtain against him are immediately and fully due without any requirement for notice of default.
In the cases referred to in 11.1, Shop4Power has the right, without any notice of default, to suspend the further performance of the agreement or to terminate it in full or in part.
Shop4Power is entitled to claim damages from the buyer in such cases and to take back the delivered goods.
If the buyer wishes to terminate the agreement, he must first give Shop4Power written notice of default and grant it a reasonable period of time to fulfil its obligations or to remedy any deficiencies, which deficiencies the buyer must describe in writing in detail.
The buyer has no right to terminate the agreement in full or in part or to suspend his obligations if he himself is already in default in fulfilling his obligations.
In case of partial termination, the buyer cannot claim restoration of the performance already carried out by Shop4Power, and Shop4Power retains the right to payment for the performance already carried out by it.
Article 12. Software
The terms and conditions of the manufacturer are applicable to the delivery of software. By opening the seal on the information carrier (such as a CD-ROM), the buyer explicitly acknowledges the aforementioned terms and conditions. The buyer who does not acknowledge the applicability of the aforementioned terms and conditions has the right to return the sealed information carrier, which right must be exercised in writing within 8 days of receipt of the software by the buyer.
Article 13. Applicability
These terms and conditions and the agreements to which they apply are governed by Dutch law if the offers, orders and/or deliveries are made from and/or in the Netherlands, respectively.
In accordance with Article 100 of the Dutch Civil Code, all disputes arising from or in connection with an agreement between Shop4Power Netherlands and its customer shall be exclusively adjudicated by the competent court in Zwolle, without prejudice to the right of Shop4Power to bring any dispute before the court having jurisdiction in the place of residence of the customer.
Article 14. Payment
Companies are allowed to place orders on credit, subject to certain conditions. The invoice sent by email must be paid within 14 days of the invoice date.
Article 15. Other provisions
If any individual provisions contained in these general terms and conditions lose their effect in full or in part, this will not affect the validity of the other provisions of these general terms and conditions.
The buyer of goods from Shop4Power in the Netherlands and Belgium gives permission for their personal data to be recorded and used, in accordance with the Dutch Personal Data Registrations Act, which Shop4Power has obtained in the normal course of its business for its own use.
The description of the battery replacement sets clearly states the number of blocks supplied. The buyer is responsible for checking that this number matches the number of blocks required. If the buyer fails to check the correct number of blocks and therefore receives the wrong number, there is no right to a refund, unless Article 6 is applicable.
The connection poles of the batteries may differ from the images. If the delivery does not fit, the buyer may exchange the batteries for ones that do fit (if they are not yet used). The transport/shipping costs are the responsibility of the buyer.