Article 1. General
1.1
In these terms and conditions, Shop4Power, located at Duisterendijk 5a in Wijhe, will be referred to as Shop4Power and its contractual partner as the buyer. In the case of services, Shop4Power will be deemed to be the co-contractor and the buyer will be deemed to be the co-principal.
Shop4power.nl
Duisterendijk 5a
8131 RA WIJHE
Chamber of Commerce registration: 63967588
IBAN: NL70 INGB 0006 9459 97
VAT number: NL001646847B50
1.2
These terms and conditions apply to all agreements with Shop4Power concerning the sale, delivery, repair and maintenance of components, peripherals, software and related products and/or services.
1.3
These terms and conditions apply to every offer and every agreement or legal relationship between Shop4Power and a (potential) buyer, unless the parties have expressly deviated from these terms and conditions in writing and to the exclusion of any general terms and conditions of the other party.
1.4
The buyer shall not be considered an agent or distributor of Shop4Power unless appointed as such by written agreement.
1.5
Deviations from and/or additions to these terms and conditions are only valid if confirmed in writing to the buyer.
1.6
A copy of these terms and conditions is available free of charge from Shop4Power.
1.7
Shop4Power reserves the right to change these terms and conditions from time to time.
Article 2. Offer and order
2.1
All Shop4Power quotations, in whatever form, are always without obligation, non-binding and while supplies last, unless otherwise agreed.
2.2
If the buyer accepts a non-binding offer, Shop4Power reserves the right to revoke or deviate from the offer within two business days of receiving that acceptance. Shop2Power will notify the buyer of this in writing or by email, stating the reasons.
2.3
Oral commitments only bind Shop4Power after they have been expressly confirmed in writing by the management of Shop4Power.
2.4
All images, drawings, and information regarding weights, dimensions, colors, and data regarding the equipment's suitability for new technologies, in price lists, brochures, and leaflets, are compiled with the utmost care. Minor deviations from the information provided by Shop4Power are permitted provided they do not result in a materially different service being performed by Shop4Power. However, Shop4Power expressly reserves the right, subject to the foregoing, to make changes and improvements to the information provided that are conducive to technical progress. However, the buyer cannot derive any rights from this.
Article 3. Agreements
3.1
With the exception of cash sales and advance payments, agreements are not concluded by a verbal 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.
3.2
A digital order confirmation or a confirmation of a change to an agreement is deemed to accurately and completely reflect the agreement, unless the buyer objects without delay.
3.3
An agreement is only concluded after an order or assignment has been confirmed in writing or by other means of acceptance by Shop4Power. Additions, amendments, and further agreements regarding placed orders and assignments are only valid if confirmed in writing by Shop4Power.
3.4
Shop4Power has the right to cancel the agreement (order) at any time up to 10 days after the order has been placed, without giving any reason.
Article 4. Prices
4.1
Shop4Power products are delivered at the prices valid at the time of ordering from Shop4Power, subject to typographical errors. Shop4Power's services are provided at the price that Shop4Power calculates after providing the services, in its usual manner.
4.2
All Shop4Power offers are non-binding and serve as invitations. Prices listed on the website are subject to typographical errors. All prices quoted to customers are valid for a maximum of 14 days.
4.3
For orders below a certain net value, an amount will be charged for order and administration costs.
Article 5. Delivery
5.1
The delivery time of orders is normally a maximum of 30 days, unless otherwise stated or mentioned.
5.2
Unless otherwise agreed in writing, Shop4Power determines the shipping method. If Shop4Power has chosen the shipping method, the goods travel at Shop4Power's risk. Shop4Power transfers the risk for the goods upon receipt at the specified address. Shipments abroad are shipped without Track & Trace, so the buyer bears the risk for international transport.
5.3
If delivery is postponed or expedited at the request of the buyer, the buyer is obliged to reimburse the associated costs.
5.4
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, which the buyer is aware of. If the delivery time for the order cannot be met within 30 days, Shop4Power will inform the buyer in a timely manner and offer the buyer the option to choose an alternative product, agree on a new delivery time, or cancel the agreement. Any amounts already paid will be refunded upon cancellation within 30 days.
5.5
Shop4Power is not obliged to deliver subsequent products once they have been delivered if these products have been discontinued by ShopXNUMXPower or its suppliers, or have been removed from its sales programme for any other reason.
5.6
If, despite a formal notice to do so, the buyer fails to collect the goods from the warehouse specified by Shop4Power within three weeks, Shop4Power reserves the right to sell the goods privately or publicly, at its discretion, and to hold the original buyer liable for any loss. The original buyer is always obligated to reimburse the costs of the aforementioned storage and any (additional) shipping and administration costs incurred by Shop4Power.
5.7
Exceeding a delivery date never entitles the buyer to any compensation from Shop4Power.
5.8
Except in the case of cash sales, payment via iDeal, credit card, or cash on delivery, payment for goods and/or services delivered by Shop4Power must be made within 8 days of the invoice date, unless otherwise agreed in writing. After 30 days from the invoice date, the buyer who fails to pay on time is legally in default, without any notice of default being required, and owes interest on the outstanding invoice amount of 1,5% per month, with part of a month counting as a full month. Furthermore, Shop4Power is hereby entitled to increase the amount owed by the buyer with (extra)judicial collection costs, including those of lawyers, bailiffs, internal costs, etc. If these costs are not paid on time, they will be provisionally set at 15% of the unpaid invoice, with a minimum of €225, pending the determination of the actual costs.
5.9
Payments made by the buyer always serve to settle, firstly, all interest and costs due, and secondly, the oldest outstanding invoices, even if the other party states that the payment relates to a later invoice.
5.10
When paying by credit card, PaySquare (credit card payment acceptance company) requires us to request a copy of the buyer's ID for amounts exceeding €1.500. This provides additional protection against credit card fraud.
5.11
Shipping will be made to the address provided by the buyer in the webshop. Additional costs incurred by the seller due to an incorrectly provided delivery address will be charged to the buyer. If Shop4power or its carrier announces delivery twice and the buyer does not accept the delivery, the order will be returned to Shop4power. At that time, the buyer and Shop4power will discuss how the order can be delivered. Costs apply to subsequent deliveries or to cancellations after two delivery attempts.
5.12
Shop4power only supplies/sells batteries to the Netherlands, Belgium, and Germany, and only UPS systems to the Netherlands and Belgium. For heavier batteries, there is a small additional charge for transport to Belgium and Germany.
Shop4power only delivers/sells batteries to The Netherlands, Belgium and Germany. Also we only sell UPS systems to The Netherlands and Belgium.
Article 6. Cooling-off period
6.1
After the buyer has received the product ordered by him/her, the buyer has the right to cancel the underlying agreement with Shop14Power within fourteen (4) working days after receiving this product. The buyer does not have to give a reason for this. The buyer can use this to return the product. formThe product must be returned to Shop4power in its original packaging with all accessories, including a provided RMA number, after approval by Shop4power. Shop4power will only refund the payment once the product is complete, undamaged, suitable for resale, and in its original packaging. This is provided that Articles 4 and 6.4 have been met.
6.2
If the buyer wishes to cancel the agreement pursuant to Article 5.1 of these terms and conditions, they must notify Shop4Power in writing (by email, letter, or fax). After requesting an RMA number, the buyer must send the product to a return address specified by Shop4Power. In this case, the buyer must bear the costs and risk of shipping.
6.3
If the buyer has already made any payments at the time the buyer revokes the agreement with Shop4Power pursuant to Articles 6.1 and 6.2 of these Terms of Sale, Shop4Power will refund the purchase price of the returned products to the buyer within fourteen (14) days after Shop4Power receives the product returned by the buyer. Shop4Power will not charge the buyer any additional costs.
6.4
Shop4Power reserves the right to refuse returned products or to credit only a portion of the amount already paid if there is reason to suspect that the product has already been used, damaged, or mishandled due to the buyer's fault (other than that of Shop4Power or the product's supplier). Using chargers to test an installation and then returning them is prohibited.
6.5
If a product is returned that, in Shop4Power's opinion, has been damaged due to an act or omission of the buyer, or is otherwise at the buyer's risk, Shop4Power will notify the buyer in writing (by fax, letter, or email). Shop4Power reserves the right to deduct any diminished value of the product resulting from this damage from the amount refunded to the buyer. Shop4Power reserves the right not to reimburse shipping costs for businesses when refunding the purchase price.
6.6
Batteries are excluded from the Distance Selling Act because it is impossible to verify whether they have been damaged by the buyer. Shop4power cannot resell the batteries to a subsequent customer after returning them. By accepting the Terms and Conditions, the buyer accepts that the batteries are therefore excluded from the cooling-off period and can only be returned if the buyer wishes to make a claim under the product warranty. Batteries are, of course, not excluded from the warranty conditions.
6.7
All UPS systems above 3kVA and all Salicru UPS systems are excluded from the Distance Selling Act. These UPS systems are ordered specifically for you and are usually also specially wired. By accepting the terms and conditions, the buyer agrees that these items are excluded from the cooling-off period and can only be returned if a warranty claim is made.
6.8
Orders placed by business customers are final. If the customer cancels, they can notify Shop4power. With Shop4power's written consent, the customer can request to cancel the sale and take back the goods. Depending on the product, Shop4power will then deduct a 25% restocking fee from the credit for the returned goods, provided they are returned to Shop4power within 30 days of delivery, are still in their original packaging, and are in such a condition that they can be sold as "new" by Shop4power.
Article 7. Retention of title
7.1
Shop4Power retains ownership of all goods delivered by it until full payment has been made of the price of all goods delivered or yet to be delivered by Shop4Power to the buyer, as well as of any claims for work and/or services performed or yet to be performed by Shop4Power on behalf of the buyer in connection with the delivery of goods, and any amounts Shop4Power may be entitled to claim from the buyer due to a failure by the buyer to comply with the agreement concluded between Shop4Power and the buyer, including collection costs, interest and fines.
Article 8. Delivery and complaints
8.1
Delivery times are approximate, unless otherwise agreed. Except in cases of intent or gross negligence, Shop4Power is never liable for any delays.
8.2
Complaints about improper or incomplete delivery must be made known to Shop5Power by the customer within 4 days of receipt of the goods, preferably in writing.
8.3
The customer is not entitled to suspend payment on the basis of complaints.
8.4
Batteries for e-scooters, mobility scooters, and golf carts are determined based on information provided by manufacturers, dealer websites, or battery resellers. Shop4power does not guarantee the accuracy of this information. It is always the buyer's responsibility to verify dimensions and capacity.
Article 9. Guarantee
9.1
The buyer must deliver items eligible for replacement or repair at their own risk to the address specified by Shop4Power, stating an RMA number to be requested from Shop4Power.
9.2
Shop4Power provides a carry-in warranty on manufacturing and material defects. This means that the costs of returning the product to and from the buyer after 8 days of purchase are at the buyer's expense.
9.3
If the packaging or its contents are damaged upon arrival, you must file a report with the TPG post office. This report must be submitted to Shop4Power within two days of delivery of the goods, after which Shop2Power will handle the handling of the transport damage.
9.4
To claim under the warranty, you must send a copy of the original invoice by fax, email, or include it with your return shipment. If a copy of the invoice is not included, the return will not be processed and will be returned to you immediately. A €15 administration and processing fee will then be charged.
9.5
When returning the product, please include a description of the device's fault. A description such as "x defect" is insufficient. The returned item must also be properly packaged for return. If the item arrives damaged due to inadequate packaging, a report will be filed, and the warranty will be void. This, of course, only applies if the item was not adequately packaged.
9.6
Items are always thoroughly tested first, and in the event of an error diagnosis (defect), most items are exchanged for the same item, provided it is still available and in stock. For individuals and businesses, the exchange period is up to three (3) months after the invoice date. For resellers, this exchange period is 14 days. If items are no longer in stock or do not fall under this policy, they will be returned to our supplier for repair. In that case, we are dependent on that supplier's repair timeframe. However, resellers have a warranty period of six (6) months, unless the manufacturer offers a longer warranty.
Planet products carry a 3-year warranty on switches and industrial manufacturers, and a 2-year warranty on all other products. 4Power products carry a 2-year warranty. All lead-acid battery solutions and lead-acid batteries carry a 1-year warranty. All lithium batteries carry a 2-year warranty.
An exception to the warranty is the incorrect use of Intercel CPC batteries. These are not suitable for scooter applications. We do not provide a warranty on the use of CPC batteries in scooters unless they are specifically designed for this purpose.
9.7
If, upon testing the returned product, it is determined that the defect is not covered by the product/manufacturer's warranty, Shop4power will notify the customer. Shop4power will also offer the customer a proposal for repair, replacement, or return without repair or replacement. If the customer does not agree to the repair, they can choose between returning the product at their own expense or not accepting the defective product.
9.8
The warranty for Shop4Power products that have factory-applied serial numbers extends to free repairs if a manufacturing or material defect is discovered by Shop12Power within 4 months of the date of purchase.
This will only happen if the defective product is returned in consultation with Shop4Power.
9.9
With regard to third-party products, Shop4Power is not bound by any further warranty than that which it has obtained from its supplier or which the supplier grants directly to the end user.
9.10
Repairs and/or replacements do not restart the warranty period. However, the repairs themselves are covered by a 90-day warranty.
9.11
In the event of improper use, unauthorized modifications, incorrect connections, incorrect mains voltage, lightning strike, damage due to moisture, or other causes beyond Shop4Power's control, the warranty will be void. The warranty never extends to reimbursement of costs or damage caused by the buyer's own modifications or repairs to the products, or if the products have been used for purposes other than their intended use, or have been handled or maintained carelessly or improperly. If "viruses" are detected, Shop4Power reserves the right to remove them and charge the associated costs. Batteries may experience accelerated wear due to, for example, incorrect charging, the wrong charger, excessive storage, wear and tear of the device, poor wiring, etc. Accelerated wear is not covered by the warranty.
9.12
If the buyer has placed an order with Shop4Power for repairs and has not collected the returned item within three months of the delivery date, and has paid the amount due for the inspection or repair, they are deemed to have relinquished ownership of the item returned for repair to Shop4Power. The buyer will indemnify Shop4Power against all third-party claims relating to this item.
9.13
Shop4Power does not provide any warranty on assembled products and parts, or on consumables, unless a warranty has been expressly promised in writing.
9.14
Shop4Power is not bound by any other warranty than that stipulated in this article.
9.15
Shop4Power only supplies the batteries for UPS battery replacements; all connection sets are reusable.
9.16
All products in our "Special Offers" menu item are end-of-life products. These products are no longer being produced. We offer no warranty on these products, which is why the prices are also lowered.
Article 10. Liability
10.1
Shop4Power will not be liable for any direct or indirect damage for which Shop4Power has not expressly accepted liability in these terms and conditions, except for damage caused by intent or gross negligence on the part of Shop4Power.
10.2
The buyer indemnifies Shop4Power in this regard against all claims from third parties.
10.3
Notwithstanding the foregoing, Shop4Power shall in no event be liable:
– due to non-delivery or late delivery;
– for data in brochures, catalogues, advertising material, quotations, etc.;
– in the event of non-attributable shortcomings (force majeure); if the buyer himself or a third party repairs the delivered goods, makes changes to them, uses them
for purposes other than those for which it is suitable or intended, the delivered item is overloaded or otherwise used unprofessionally;
– for the property of third parties that are located in Shop4Power's business premises for repair, storage or for any other reason;
– for business and/or consequential damage, regardless of the cause;
– for damage caused by intent or gross negligence of assistants;
– for damage caused by supplied software;
– for damage resulting from the loss of any data recorded on magnetic information carriers;
– for damage caused by the use of a modem connected to the telephone network, including loss of data, theft of data, incorrect transmission of data, corruption of data or other files, and the leaving of telephone lines open.
10.4
If Shop4Power is liable for any damage in any case, despite the above, Shop4Power will only accept liability to the extent that this liability is covered by its insurance, up to the amount of the payment made by the insurance.
10.5
If the insurance company does not pay out in any case, Shop4Power will never be liable for more than the invoice amount for the relevant agreement.
10.6
The limitation of liability as stipulated in this article applies equally to employees, workers and all other persons used by Shop4Power for the performance of the agreement.
Article 11. Dissolution
11.1
If the buyer fails to fulfil, fails to fulfil in a timely manner or fails to properly fulfil his obligations towards Shop4Power, as well as if his bankruptcy is applied for/is filed, he is declared bankrupt, he requests a suspension of payments, or offers his creditors or part of them a settlement or an agreement, furthermore in the event of seizure of his assets or part thereof, or if he proceeds to sell or liquidate his company, as well as in the event of death, placement under guardianship or if he otherwise loses the management or management of his company, affairs or part thereof, the buyer is legally in default and any claim that Shop4Power has or obtains against him is immediately and immediately due and payable without any notice of default being required.
11.2
In the cases mentioned under 11.1, Shop4Power has the right, without any notice of default, to suspend the further performance of the agreement or to terminate it in whole or in part.
11.3
Shop4Power is at all times entitled to claim damages from the buyer, as well as to take back the delivered goods.
11.4
In the event the buyer wishes to terminate the agreement, he will first notify Shop4Power in writing of the default and grant it a reasonable period to fulfil its obligations or to remedy any shortcomings, which shortcomings the buyer must describe in detail in writing.
11.5
The buyer has no right to terminate the agreement in whole or in part, or to suspend his obligations, if he himself was already in default in fulfilling his obligations.
11.6
In the event of partial termination, the buyer cannot claim undoing of services already performed by Shop4Power, and Shop4Power is fully entitled to payment for the services already performed.
AArticle 12. Software
12.1
The manufacturer's license or other terms and conditions accompanying the data carrier (e.g., CD-ROM) apply to the delivery of software. By opening the seal affixed to the data carrier, the buyer expressly acknowledges the aforementioned terms and conditions. A buyer who does not acknowledge the applicability of the aforementioned terms and conditions has the right to return the sealed data carrier, which right must be exercised in writing within eight days of receipt of the software.
Article 13. Relevance
13.1
These terms and conditions and the agreements to which they apply are governed by Dutch law if the quotations, orders and/or deliveries are made or performed from and/or in the Netherlands.
13.2
Subject to Article 100 of the Dutch Code of Civil Procedure, all disputes arising from or related to an agreement concluded between Shop4Power Nederland and its customer shall be settled exclusively by the competent court in Zwolle, with the understanding that Shop4Power reserves the right to bring any dispute before the court with jurisdiction in the customer's place of residence.
Article 14. Payment
14.1
Businesses are permitted, under certain conditions, to place orders on account. The invoice sent by email must be paid within 14 days of the invoice date.
Article 15. Other provisions
15.1
Should individual provisions contained in these general terms and conditions lose their validity in whole or in part, this will not affect the validity of the remaining provisions of these general terms and conditions.
15.2
The buyer of goods from Shop4Power in the Netherlands and Belgium gives permission for the registration and use of his personal data, within the meaning of the Dutch Personal Data Registration Act, which Shop4Power has obtained in the normal course of its business, for Shop4Power's own use.
15.3
The description of the battery replacement kits clearly indicates the number of blocks supplied. The buyer is responsible for verifying 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 applies.
15.4
The battery terminals may differ from the images. If the batteries you receive do not fit, the buyer may exchange them for ones that do fit. Shipping and handling costs are the buyer's responsibility.