Terms and Conditions

General terms and conditions for consumer purchase/delivery General provisions Article 1 - Definitions In these terms and conditions the following definitions apply: 1. Additional agreement: an agreement whereby the Customer acquires Products, digital content and/or Services in connection with a distance contract and these matters, digital content and/or Services are provided by BlackCharge or by a third party based on an agreement between that third party and BlackCharge. 2. Reflection period: the period within which the Consumer can exercise his right of withdrawal; 3. BlackCharge.: the provider of the Products and Services, established in Veenendaal, with Chamber of Commerce number 84337834. 4. Consumer: the natural person who does not act for purposes related to his trade, business, craft or professional activity . 5. Day: calendar day. 6. Digital content: data produced and delivered in digital form. 7. Term Agreement: an agreement that extends to the regular delivery of Products, Services and/or digital content during a certain period. 8. Durable data carrier: any tool - including e-mail - that enables the Consumer or BlackCharge to store information that is personally addressed to him in a manner that allows future consultation or use for a period tailored to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information. 9. Right of withdrawal: the Consumer's option to cancel the distance contract within the cooling-off period. 10. Customer: the natural person or legal entity who has purchased Products and/or Services from BlackCharge or intends to do so. BlackCharge. Email: info@blackcharge.nl Govert Flinckstraat 17 Telephone: +31(0)648473441 3904VE KVK: 84337834 11. Distance agreement: an agreement concluded between BlackCharge and the Customer in the context of an organized system for distance selling of Products, digital content and/or Services, where one or more techniques for distance communication are used exclusively or partly up to and including the conclusion of the agreement. 12. Product(s): movable property purchased from BlackCharge. 13. Model withdrawal form: the European model withdrawal form included in Appendix I of these conditions. 14. Remote communication technology: means that can be used to conclude an agreement, without the Customer and BlackCharge having to be in the same room at the same time. Article 2 – Identity of BlackCharge. Company name: BlackCharge. Address: Govert Flinckstraat 17 Postal code: 3904 VE City: Veenendaal Country: Netherlands Telephone number: +31 (0)648473441 E-mail address: info@blackcharge.nl Chamber of Commerce number: 84337834 VAT identification number: NL003950588B34 Article 3 - Applicability 1. This general conditions apply to every offer from BlackCharge and to every distance contract concluded between BlackCharge and the Customer. 2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the Customer. If this is not reasonably possible, BlackCharge will indicate before the distance contract is concluded how the general terms and conditions can be viewed at BlackCharge and that they will be sent free of charge as soon as possible at the request of the Consumer. 3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the Customer electronically in such a way that it can be read by the Customer can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise at the request of the Customer. BlackCharge. Email: info@blackcharge.nl Govert Flinckstraat 17 Telephone: +31(0)648473441 3904VE Veenendaal KVK: 84337834 4. In the event that, in addition to these general terms and conditions, specific Product or Service Terms and Conditions also apply, the second and third paragraphs of corresponding application and in the event of conflicting conditions, the Customer can always rely on the applicable provision that is most favorable to him. Conclusion of the agreement Article 4 - The offer 1. If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer. 2. The offer contains a complete and accurate description of the Products, digital content and/or Services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the Customer. If BlackCharge uses images, these are a true representation of the Products, Services and/or digital content offered. Obvious mistakes or errors in the offer do not bind BlackCharge. 3. Each offer contains such information that it is clear to the Customer what the rights and obligations are associated with acceptance of the offer. Article 5 - The agreement 1. The agreement is concluded, subject to the provisions of paragraph 4, at the time of the Customer's acceptance of the offer and compliance with the conditions set. 2. If the Customer has accepted the offer electronically, BlackCharge will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by BlackCharge, the Customer who is also a Consumer can terminate the agreement. 3. If the agreement is concluded electronically, BlackCharge will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the Customer can pay electronically, BlackCharge will take appropriate security measures. 4. BlackCharge can, within legal frameworks, inquire whether the Customer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, BlackCharge has good reasons not to enter into the agreement, it is entitled to refuse an order or request with reasons or to attach special conditions to the execution. 5 BlackCharge will send the following information, in writing or in such a way that this information can be stored by the Customer in an accessible manner on a durable data carrier, no later than upon delivery of the Product, Service or digital content to the Customer: BlackCharge. Email: info@blackcharge.nl Govert Flinckstraat 17 Telephone: +31(0)648473441 3904VE Veenendaal Chamber of Commerce: 84337834 - the visiting address of the BlackCharge branch where the Customer can go with complaints; - the conditions under which and the manner in which the Customer who is also a Consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; - information about warranties and existing after-sales service; - the price including all taxes of the Product, Service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or execution of the distance contract; - the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration; - if the Consumer has a right of withdrawal, the model withdrawal form. 6. In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery. Reflection period and right of withdrawal Article 6 – Right of withdrawal This article only applies to the Customer who is also regarded as a Consumer. Withdrawal is excluded for the Customer who is not regarded as a Consumer. For Products: 1. The Consumer can terminate an agreement regarding the purchase of a Product during a cooling-off period of at least 14 days without giving reasons. BlackCharge may ask the Consumer for the reason for withdrawal, but the Consumer is not obliged to state his reason(s). 2. The cooling-off period referred to in paragraph 1 starts on the day after the Consumer, or a third party designated in advance by the Consumer, who is not the carrier, has received the Product, or: 3. If the Consumer has multiple Products in the same order ordered: the day on which the Consumer, or a third party designated by him, has received the last Product. BlackCharge may, provided it has clearly informed the Consumer of this prior to the ordering process, refuse an order for multiple Products with different delivery times. 4. If the delivery of a Product consists of several shipments or parts: the day on which the Consumer, or a third party designated by him, has received the last shipment or part; BlackCharge. Email: info@blackcharge.nl Govert Flinckstraat 17 Telephone: +31(0)648473441 3904VE Veenendaal KVK: 84337834 - in the case of agreements for regular delivery of Products during a certain period: the day on which the Consumer, or a third party designated by him, receives the first Product received. For Services and digital content that is not delivered on a tangible medium: 5. The Consumer can terminate a Services Agreement and an agreement for the supply of digital content that is not delivered on a tangible medium for at least 14 days without giving reasons. BlackCharge may ask the Consumer for the reason for withdrawal, but does not oblige him to state his reason(s). 6. The reflection period referred to in paragraph 5 starts on the day following the conclusion of the agreement. Extended reflection period for Products, Services and digital content that is not delivered on a tangible medium in the event of failure to inform about the right of withdrawal: 7. If BlackCharge has not provided the Consumer with the legally required information about the right of withdrawal or the model form for withdrawal, the reflection period expires twelve months after the end of the original reflection period established in accordance with the previous paragraphs of this article. 8. If BlackCharge has provided the information referred to in the previous paragraph to the Consumer within twelve months after the commencement date of the original reflection period, the reflection period will expire 14 days after the day on which the Consumer received that information. Article 7 - Obligations of the Consumer during the cooling-off period This article only applies to the Customer who is also regarded as a Consumer. Withdrawal is excluded for the Customer who is not regarded as a Consumer. 1. During the cooling-off period, the Consumer will handle the Product and its packaging with care. He will only unpack or use the Product to the extent necessary to determine the nature, characteristics and operation of the Product. The basic principle here is that the Consumer may only handle and inspect the Product as he would in a store. 2. The Consumer is only liable for depreciation of the Product that is the result of a way of handling the Product that goes beyond what is permitted in paragraph 1. 3. The Consumer is not liable for depreciation of the Product if BlackCharge does not provide him with or has provided all legally required information about the right of withdrawal when concluding the agreement. BlackCharge Email: info@blackcharge.nl Govert Flionckstraat 17 Telephone: +31(0)648473441 3904VE Veenendaal KVK: 84337834 Article 8 - Exercise of the right of withdrawal and costs This article only applies to the Customer who is also regarded as a Consumer. Withdrawal is excluded for the Customer who is not regarded as a Consumer. 1. If the Consumer exercises his right of withdrawal, he must report this to BlackCharge within the cooling-off period by means of the model withdrawal form or in another unambiguous manner. 2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the Consumer shall return the Product or hand it over to (an authorized representative of) BlackCharge. This is not necessary if BlackCharge has offered the Product itself. to pick up. The Consumer has in any case observed the return period if he returns the Product before the cooling-off period has expired. 3. The Consumer returns the Product with all accessories supplied, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by BlackCharge. 4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the Consumer. 5. The Consumer bears the direct costs of returning the Product. If BlackCharge has not indicated that the Consumer must bear these costs or if BlackCharge indicates that it will bear the costs itself, the Consumer does not have to bear the costs for return. 6. If the Consumer revokes after having first expressly requested that the performance of the Service or the supply of gas, water or electricity that are not prepared for sale in a limited volume or specified quantity commence during the cooling-off period, the Consumer is BlackCharge an amount is due that is proportional to that part of the obligation fulfilled by BlackCharge at the time of withdrawal, compared to the full fulfillment of the obligation. 7. The Consumer shall not bear any costs for the performance of Services or the supply of water, gas or electricity that are not prepared for sale in a limited volume or quantity, or for the supply of district heating, if; - BlackCharge has not provided the Consumer with the legally required information about the right of withdrawal, the cost reimbursement in case of withdrawal or the model form for withdrawal, or; - the Consumer has not expressly requested the start of the performance of the Service or delivery of gas, water, electricity or district heating during the cooling-off period. 8. The Consumer shall not bear any costs for the full or partial delivery of digital content not delivered on a tangible medium, if: 1. prior to its delivery, he has not expressly agreed to commence performance of the agreement before the end of the reflection period; BlackCharge Email: info@blackcharge.nl Govert Flionckstraat 17 Telephone: +31(0)648473441 3904VE Veenendaal KVK: 84337834 2. he has not acknowledged losing his right of withdrawal when granting his consent; or 3. BlackCharge has failed to confirm this statement by the Consumer. 9. If the Consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law. Article 9 - Obligations of BlackCharge in the event of withdrawal This article applies exclusively to the Customer who is also regarded as a Consumer. Withdrawal is excluded for the Customer who is not regarded as a Consumer. 1. If BlackCharge enables the notification of withdrawal by the Consumer electronically, it will immediately send a confirmation of receipt after receiving this notification. 2. BlackCharge will reimburse all payments made by the Consumer, including any delivery costs charged by BlackCharge for the returned Product, without delay but within 14 days following the day on which the Consumer notifies him of the withdrawal. Unless BlackCharge offers to collect the Product itself, it may wait to pay back until it has received the Product or until the Consumer proves that it has returned the Product, whichever is the earlier. 3. BlackCharge uses the same payment method that the Consumer used for reimbursement, unless the Consumer agrees to a different method. The refund is free of charge for the Consumer. 4. If the Consumer has opted for a more expensive method of delivery than the cheapest standard delivery, BlackCharge does not have to reimburse the additional costs for the more expensive method. Article 10 - Exclusion of the right of withdrawal BlackCharge can exclude the following Products and Services from the right of withdrawal, but only if BlackCharge has clearly stated this in the offer, or at least in a timely manner before concluding the agreement: 1. Products or Services whose price is subject to fluctuations in the financial market over which BlackCharge has no influence and which may occur within the withdrawal period; 2. Agreements concluded during a public auction. A public auction is defined as a sales method in which Products, digital content and/or Services are offered by BlackCharge to the Consumer who is personally present or has the opportunity to be personally present at the auction, under the supervision of an auctioneer, and in which the successful the bidder is obliged to purchase the Products, digital content and/or Services; BlackCharge Email: info@blackcharge.nl Govert Flionckstraat 17 Telephone: +31(0)648473441 3904VE Veenendaal KVK: 84337834 3. Service agreements, after full execution of the Service, but only if: - the execution has started with the express prior consent of the Consumer; and - the Consumer has stated that he loses his right of withdrawal as soon as BlackCharge has fully executed the agreement; - Products manufactured according to the Consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the Consumer, or which are clearly intended for a specific person; - Products that are irrevocably mixed with other Products after delivery due to their nature. The Product and the delivery Article 11 - The price 1. During the period of validity stated in the offer, the prices of the Products and/or Services offered will not be increased, except for price changes as a result of changes in VAT rates. 2. Notwithstanding the previous paragraph, BlackCharge may offer Products or Services with variable prices, the prices of which are subject to fluctuations in the financial market and over which BlackCharge has no influence. This liability to fluctuations and the fact that any prices stated are target prices are stated in the offer. 3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions. 4. Price increases from 3 months after the conclusion of the agreement are only permitted if BlackCharge has stipulated this and: - they are the result of legal regulations or provisions; or - the Consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect. - The prices stated in the offer of Products or Services include VAT. Article 12 - Compliance and additional warranty 1. BlackCharge guarantees that the Products and/or Services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the on the date of the conclusion of the agreement existing legal provisions and/or government regulations. If agreed, BlackCharge also guarantees that the Product is suitable for other than normal use. 2. An additional warranty provided by BlackCharge, its supplier, manufacturer or importer never limits the legal rights and claims that the Consumer has against BlackCharge Email: info@blackcharge.nl Govert Flionckstraat 17 Telephone: +31(0)648473441 3904VE Veenendaal KVK: 84337834 under the agreement against BlackCharge if BlackCharge has failed to fulfill its part of the agreement. 3. An additional guarantee means any obligation of BlackCharge, its supplier, importer or manufacturer in which it grants the Consumer certain rights or claims that go beyond what it is legally obliged to do in the event that it has failed to fulfill its part of the contract. agreement. Article 13 - Delivery and execution 1. BlackCharge will exercise the utmost care when receiving and executing orders for Products and when assessing requests for the provision of Services. 2. The place of delivery is the address that the Customer has provided to BlackCharge. 3. Taking into account what is stated in Article 4 of these general terms and conditions, BlackCharge will execute accepted orders expeditiously, but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the Customer will be notified of this no later than 30 days after he has placed the order. In that case, the Customer has the right to terminate the agreement without costs and is entitled to any compensation. 4. After dissolution in accordance with the previous paragraph, BlackCharge will immediately refund the amount paid by the Customer. 5. The risk of damage and/or loss of Products rests with BlackCharge until the moment of delivery to the Customer or a representative designated in advance and made known to BlackCharge, unless expressly agreed otherwise. Article 14 - Payment 1. Unless otherwise stated in the agreement or additional conditions, the amounts owed by the Customer must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period, within 14 days after concluding the agreement. In the case of an agreement to provide a Service, this period starts on the day after the Consumer has received confirmation of the agreement. 2. When selling Products to Consumers, the Consumer may never be obliged to pay more than 50% in advance in general terms and conditions. If advance payment has been stipulated, the Consumer cannot assert any rights regarding the execution of the relevant order or Service(s) before the agreed advance payment has been made. 3. The Customer has the obligation to immediately report any inaccuracies in payment details provided or stated to BlackCharge. BlackCharge Email: info@blackcharge.nl Govert Flionckstraat 17 Telephone: +31(0)648473441 3904VE Veenendaal KVK: 84337834 4. If the Customer does not fulfill his payment obligation(s) on time, he will be liable, after being informed by BlackCharge of the late payment and BlackCharge has granted the Customer a period of 14 days to still meet his payment obligations, after failure to pay within this 14-day period, statutory interest is owed on the amount still due and BlackCharge is entitled to to charge him extrajudicial collection costs incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40. BlackCharge may deviate from the amounts and percentages mentioned to the benefit of the Consumer. The installation agreement BlackCharge liability Article 19 – General liability 1. BlackCharge accepts no liability in the cases mentioned below in this article. This applies to every ground of possible liability. 2. Liability for direct damage is at all times limited to a maximum percentage of 50% of the amount of the invoice (excluding VAT) of (the part of) the relevant Product or Service that has been charged to the Customer. 3. BlackCharge accepts no liability for indirect damage suffered by the Customer, including but not limited to consequential damage, lost turnover and/or lost profit. 4. BlackCharge is under no circumstances liable for damage in the event of force majeure. 5. The Customer never has the right to suspend the payment obligation or to offset a possible claim for damages, unless the Customer can also be regarded as a Consumer. 6. Any possible claim for compensation will lapse if and as soon as one year has passed since the delivery of the Product or Service in question without the claim being submitted to BlackCharge in writing. 7. The foregoing does not affect BlackCharge's liability as a result of intent or deliberate recklessness. 8. The Customer indemnifies BlackCharge against any claims from third parties regarding the Product or Service, more specifically from Installers. 9. The Customer must limit any damage as much as possible. BlackCharge Email: info@blackcharge.nl Govert Flionckstraat 17 Telephone: +31(0)648473441 3904VE Veenendaal Chamber of Commerce: 84337834 Article 20 - Duration transactions: duration, cancellation and extension 1. The The Customer may terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of Products (including electricity) or Services at any time, taking into account the agreed cancellation rules and a notice period of no more than one month. 2. The Customer can terminate an agreement that has been entered into for a fixed period and which extends to the regular delivery of Products (including electricity) or Services at any time towards the end of the fixed duration, taking into account the agreed cancellation rules and a notice period. of a maximum of one month. 3. The Customer can cancel the agreements referred to in the previous paragraphs: - at any time and are not limited to cancellation at a certain time or in a certain period; - at least cancel in the same manner as they were entered into by him; - always cancel with the same notice period as BlackCharge has stipulated for itself. 4. An agreement that has been entered into for a specific period and that extends to the regular delivery of Products (including electricity) or Services may not be tacitly extended or renewed for a specific period. 5. An agreement that has been entered into for a definite period and that extends to the regular delivery of Products or Services may only be tacitly extended for an indefinite period if the Customer may cancel at any time with a notice period of no more than one month. The notice period is a maximum of three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines. 6. If an agreement has a duration of more than one year, the Customer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness dictate against termination before the end of the agreed duration. to postpone. Complaints and disputes Article 21 - Complaints procedure 1. BlackCharge has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure. 2. Complaints about the execution of the agreement must be submitted fully and clearly described to BlackCharge within a reasonable time after the Customer has discovered the defects. 3. Complaints submitted to BlackCharge will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, BlackCharge will respond within 14 days with an acknowledgment of receipt and an indication of when the Customer can expect a more detailed response. BlackCharge Email: info@blackcharge.nl Govert Flionckstraat 17 Telephone: +31(0)648473441 3904VE Veenendaal Chamber of Commerce: 84337834 Article 22 - Disputes 1. Agreements between BlackCharge and the Customer to which these general terms and conditions apply are exclusively governed by Dutch law. . Even if the Customer lives abroad. 2. The Vienna Sales Convention does not apply. Article 23 - Additional or deviating provisions Additional or deviating provisions from these general terms and conditions may not be to the detriment of the Customer and must be recorded in writing or in such a way that they can be stored by the Customer in an accessible manner in a durable manner. data carrier. BlackCharge Email: info@blackcharge.nl Govert Flionckstraat 17 Phone: +31(0)648473441 3904VE Veenendaal Chamber of Commerce: 84337834 Appendix I: Model withdrawal form Model withdrawal form (only complete and return this form if you want to withdraw from the agreement) To: XX Concerning order number: [Order number] I/We* hereby inform you that I/we* have terminated our agreement regarding the sale of the following Products: [product designation]* the supply of the following digital content: [digital content designation ]* the performance of the following Service: [designation of Service]*, revoked/revoked* Ordered on*/received on* [date of order for Services or receipt for Products] [Name of Consumer(s)] [Address of Consumer(s)] [Signature of Consumer(s)] (only when this form is submitted on paper) * Delete what is not applicable or fill in what is applicable. BlackCharge Email: info@blackcharge.nl Govert Flionckstraat 17 Phone: +31(0)648473441 3904VE Veenendaal KVK: 84337834