Terms and Conditions

Dutch law applies to these terms & conditions

Toc:

Article 1 – Definitions

Article 2 – Identity of the entrepreneur

Article 3 – Applicability

Article 4 – The offer

Article 5 – The Agreement

Article 6 – Herroepingsrecht

Article 7 – Consumer obligations during the cooling-off period

Article 8 – Exercise of the right of withdrawal by the consumer and its costs

Article 9 – Obligations of the entrepreneur in the case of withdrawal

Article 10 – Exclusion of revocation right

Article 11 – De prijs

Article 12 – Fulfilment and additional warranty

Article 13 – Delivery and execution

Article 14 – Duration transactions: duration, termination and renewal

Article 15 – Payment

Article 16 – Complaints scheme

Article 17 – Disputes

Article 18 – Additional or different provisions

Article 1 – Definitions

These conditions shall mean:

1. Additional agreement means an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance agreement and these matters, digital content and/or services are provided by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
2. Reflection period: the time limit within which the consumer can use his right of withdrawal;
3. Consumers shall mean the natural person who does not act for purposes relating to his commercial, business, crafts or professional activity;
4. Day: Calendar Day;
5. Digital content means data produced and delivered in digital form;
6. Duration Agreement means an agreement extending to the regular delivery of business, services and/or digital content over a given period;
7. Sustainable data carrier: any tool – including included e-mail – that allows the consumer or entrepreneur to store information that is personally directed at him in a way that is future consultation or use over a period that has been aligned with the purpose for which the information is intended and which allows unchanged reproduction of the stored information;
8. Repeal law means the possibility of the consumer abandoning the agreement remotely within the period of reflection;
9. Entrepreneur: the natural or legal person offering products, (access to) digital content and/or remote services to consumers;
10. Distance Agreement: an agreement concluded between the entrepreneur and the consumer under an organised system for distance sales of products, digital content and/or services, using one or more remote communication techniques until the conclusion of the agreement;
11. Draft form for revocation means the European draft form for withdrawal set out in Annex I to these conditions. Annex I does not need to be made available if the consumer does not have a right to withdraw from his order;
12. Remote communication technology: means that can be used to conclude an agreement, without the need for consumers and entrepreneur to have gathered simultaneously in the same space.

Article 2 – Identity of the entrepreneur

LiftMotive Europe B.V.

Melkweg 16A
1841JJ Stompetoren
The Netherlands

Phone number: +31 627365781
Monday to Friday 09:00 – 17:00

Email address: info@liftmotive.com

KvK number: 92287980

Vat identification number: NL865978360B01

If the activity of the entrepreneur is subject to a relevant licensing system:

data on the supervisory authority.

If the entrepreneur pursues a regulated profession:

– the professional association or organisation in which he is affiliated,

– the professional title, the place in the EU or the European Economic Area where it has been granted,

– a reference to the professional rules applicable in the Netherlands and indications of where and how these professional rules are accessible.

Article 3 – Applicability

1. These terms and conditions shall apply to any offer of the entrepreneur and to any distance agreement between the entrepreneur and consumer.
2. Before the agreement is concluded remotely, the text of these terms and conditions shall be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the contract is concluded at a distance, the manner in which the terms and conditions can be seen by the entrepreneur and that they will be free of charge as soon as possible at the request of the consumer. sent.
3. Where the contract is concluded electronically remotely, by way of derogation from the previous paragraph and before the agreement is concluded remotely, the text of these terms and conditions may be made available to the consumer by electronic means in such a way that it can be stored by the consumer in a simple way on a sustainable data carrier. If this is not reasonably possible, before the agreement is concluded remotely, it will indicate where the general conditions can be adopted by electronic means and that, at the request of the consumer, they will be informed by electronic means or otherwise be sent free of charge.
4. In the event that, in addition to these terms and conditions, specific product or service conditions also apply, the second and third members shall apply mutatis mutandis and, in the event of conflicting conditions, the consumer may always apply invoke the applicable provision which is most favourable to him.

Article 4 – The offer

1. Where an offer has a limited period of validity or is carried out under conditions, this shall be explicitly stated in the offer.
2. The offer shall contain a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a good assessment of the offer by the consumer. If the entrepreneur uses images, they are a truthful representation of the products, services and/or digital content offered. Apparently mistakes or apparent errors in the offer do not bind the entrepreneur.
3. Each offer shall contain such information that it is clear to the consumer what the rights and obligations are, which are linked to the acceptance of the offer.

Article 5 – The Agreement

1. The Agreement shall, subject to paragraph 4, be established at the time of acceptance by the consumer of the offer and the fulfilment of the conditions laid down therein.
2. If the consumer has accepted the offer by electronic means, the entrepreneur shall immediately electronically confirm receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may terminate the agreement.
3. If the agreement is established electronically, the entrepreneur shall take appropriate technical and organisational measures to ensure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will comply with appropriate safety measures to do so.
4. The entrepreneur may inform himself within legal frameworks whether the consumer can meet his payment obligations, as well as all those facts and factors relevant to a responsible entry into account of the contract at a distance. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the contract, he is entitled to refuse an order or application or to attach special conditions to the implementation.
5. The entrepreneur shall, at the latest, when the product, service or digital content is delivered to the consumer the following information, in writing or in such a way that it can be stored in an accessible manner by the consumer in a sustainable manner data carrier, most important:

(a) the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;

(b) the conditions under which and the manner in which the consumer may use the right of withdrawal or a clear notification of the exclusion of the right of withdrawal;

(c) the information on guarantees and existing service after purchase;

(d) the price including all taxes of the product, service or digital content; to the extent applicable the cost of delivery; and the method of payment, delivery or execution of the contract remotely;

(e) the requirements for denunciation of the agreement if the agreement is a duration of more than one year or indefinite duration;

(f) if the consumer has a right of withdrawal, the design form for withdrawal.

1. In the event of an expensive transaction, the provision in the previous paragraph shall apply only to the first delivery.

Article 6 – Herroepingsrecht

For products:

1. The consumer may terminate an agreement relating to the purchase of a product for a period of at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for revocation, but do not oblige them to give up his reason(s).
2. The cooling-off period referred to in paragraph 1 shall enter the day after the consumer, or a third party designated in advance by the consumer, which is not the carrier, has received the product, or:

(a) if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, received the last product. The entrepreneur may, provided that he has clearly informed the consumer about this prior to the ordering process, refuse an order of several products with a different delivery time.

(b) if the supply of a product consists of several consignments or parts: the day on which the consumer, or a third party designated by him, received the last consignment or component designated by him;

in the case of regular supply agreements for products for a certain period of time: the day on which the consumer, or a third party designated by him, received the first product.

In the case of services and digital content that has not been delivered on a material carrier:

1. Consumers may terminate a service agreement and a digital content supply agreement not delivered on a material carrier for at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for revocation, but do not oblige them to give up his reason(s).
2. The cooling-off period referred to in paragraph 3 shall take place on the day following the conclusion of the Agreement.

Extended cooling-off period for products, services and digital content that has not been delivered to a material carrier in the case of non-information about right of withdrawal:

1. If the trader has not provided the consumer with the legally required information on the right of withdrawal or the withdrawal model form, the cooling-off period shall expire 12 months after the end of the original, in accordance with the previous members of this Article adopted the cooling-off period.
2. Where the trader has provided the information referred to in the preceding paragraph to the consumer within 12 months of the effective date of the original cooling-off period, the period period shall expire 14 days after the date on which the consumer has that information Received.

Article 7 – Consumer obligations during the cooling-off period

1. During the cooling-off period, the consumer will be careful with the product and packaging. It will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The starting point here is that the consumer is only allowed to use and inspect the product as he should in a shop.
2. The consumer shall be liable only for impairment of the product resulting from a way of dealing with the product that goes beyond permitted in paragraph 1.
3. The consumer shall not be liable for impairment of the product if the trader has not provided him with any legally required information on the right to withdraw before or when concluding the agreement.

Article 8 – Exercise of the right of withdrawal by the consumer and its costs

1. If the consumer uses his right of withdrawal, he shall notify the entrepreneur within the period of thought by means of the revocation model form or otherwise unambiguously to the entrepreneur.
2. As soon as possible, but within 14 days of 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) the entrepreneur. This does not have to be done if the entrepreneur has offered to take the product himself. In any case, the consumer has observed the return period if it returns the product before the cooling-off period has expired.
3. The consumer shall return the product with all the accessories delivered, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the operator.
4. The risk and burden of proof for the proper and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer shall bear the direct cost of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates that they bear the costs themselves, the consumer does not have to bear the costs of return.
6. If the consumer recalls after first expressly requesting that the operation of the service or supply of gas, water or electricity not prepared for sale commences in a limited volume or quantity during the cooling-off period, the consumer owes the entrepreneur an amount proportional to that part of the undertaking honoured by the entrepreneur at the time of withdrawal, compared to the full fulfilment of the undertaking.
7. The consumer shall not bear any costs for the provision of services or the supply of water, gas or electricity, which have not been prepared for sale in a limited volume or quantity, or to the supply of district heating, if:

(a) the trader has not provided the consumer with the legally required information on the right of withdrawal, the reimbursement of costs upon withdrawal or the revocation model form, or;

(b) the consumer has not explicitly requested the commencement of the implementation of the service or supply of gas, water, electricity or district heating during the cooling-off period.

1. The consumer shall not bear any costs for the full or partial delivery of digital content not delivered on a material carrier, if:

(a) prior to its delivery, he did not expressly agree to begin the fulfilment of the agreement before the end of the cooling-off period;

1. he has not acknowledged losing his right to withdrawal when granting his consent; Or
2. the entrepreneur has failed to confirm this statement from the consumer.
3. If the consumer makes use of his right of withdrawal, all additional agreements shall be terminated by law.

Article 9 – Obligations of the entrepreneur in the case of withdrawal

1. If the entrepreneur makes the notification of withdrawal by the consumer electronically possible, he shall immediately send a receipt upon receipt of this notification.
2. The trader shall reimburse all consumer payments, including any delivery costs charged by the trader for the returned product, without delay but within 14 days of the day the consumer reports the withdrawal . Unless the entrepreneur offers to collect the product himself, he may wait to repay until he has received the product or until the consumer proves that he has returned the product, according to which time falls earlier.
3. The trader shall use the same means of payment used by the consumer for reimbursement, unless the consumer agrees to another 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, the entrepreneur does not have to repay the additional costs for the more expensive method.

Article 10 – Exclusion of revocation right

The entrepreneur may exclude the following products and services from the right to withdraw, but only if the entrepreneur has stated this clearly in the offer, at least in time before the conclusion of the agreement:

1. Products or services whose price is tied to fluctuations in the financial market to which the trader has no influence and which may occur within the withdrawal period;
2. Agreements concluded during a public auction. A public auction means a sales method whereby products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or given the opportunity to be present personally at the auction, led by an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
3. Services agreements, after full implementation of the service, but only if:

(a) implementation has begun with the express prior consent of the consumer; And

1. the consumer has stated that he loses his right to withdrawal once the entrepreneur has fully implemented the contract;
2. Package holidays referred to in Article 7:500 BW and passenger transport agreements;
3. Services contracts for accommodation provision, if the Agreement implements a certain date or period and unlike for residential purposes, freight transport, car hire services and catering;
4. Agreements relating to leisure activities if the Agreement provides for a certain date or period of implementation thereof;
5. Products manufactured in accordance with consumer specifications, which are not prefabricated and manufactured on the basis of an individual consumer choice or decision, or which are clearly intended for a specific person;
6. Products that quickly spoil or have a limited shelf life;
7. Sealed products which are not suitable for health protection or hygiene reasons to be returned and whose sealing has been broken after delivery;
8. Products which are irrevocably mixed with other products after delivery;
9. Alcoholic beverages whose price has been agreed upon the conclusion of the contract, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market on which the trader does not influence;
10. Sealed audio, video recordings and computer software, the sealing of which has been broken after delivery;
11. Newspapers, magazines or magazines, with the exception of subscriptions to them;
12. The delivery of digital content other than on a material carrier, but only if:

(a) implementation has begun with the express prior consent of the consumer; And

1. the consumer has stated that it will lose his right to withdraw.

Article 11 – De prijs

1. During the period of validity indicated in the offer, the prices of the products offered and/or services shall not be increased, subject to price changes resulting from changes in VAT rates.
2. By way of derogation from the previous paragraph, the entrepreneur may offer products or services whose prices are tied to fluctuations in the financial market and which the entrepreneur does not affect, with variable prices. This tie to fluctuations and the fact that any prices mentioned are target prices shall be indicated in the supply.
3. Price increases within 3 months of the conclusion of the Agreement shall be permitted only if they are the result of legal arrangements or provisions.
4. Price increases from 3 months after the conclusion of the agreement shall be permitted only if the entrepreneur has negotiated this and:

(a) they are the result of legislation or provisions; Or

1. the consumer has the power to terminate the agreement from the day on which the price increase goes into effect.
2. The prices listed in the range of products or services shall include VAT.

Article 12 – Compliance agreement and additional guarantee

1. The entrepreneur shall ensure that the products and/or services comply with the agreement, the specifications set out in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government rules existing on the date of the conclusion of the Agreement. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.
2. An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer shall never restrict the legal rights and claims which the consumer may assert against the entrepreneur on the basis of the contract if the entrepreneur is the trader failed in the fulfilment of his part of the agreement.
3. Additional guarantee shall mean any undertaking by the trader, his supplier, importer or producer in which it grants to the consumer certain rights or claims which go beyond what is legally required in the event of his failed in the fulfilment of his part of the agreement.

Article 13 – Delivery and execution

1. The entrepreneur shall take into account the utmost care when receiving and in the implementation of orders of products and in assessing applications for services.
2. As a place of delivery, the address that the consumer has made known to the entrepreneur shall apply.
3. Taking into account what is mentioned in Article 4 of these terms and conditions, the trader shall carry out accepted orders with a competent urgency but not later than 30 days, unless another delivery period has been agreed. If the delivery is delayed, or if an order cannot or can only be partially executed, the consumer will receive it no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the agreement at no cost and to seek any compensation.
4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately repay the amount paid by the consumer.
5. The risk of damage and/or disappearance of products shall rest with the entrepreneur until the time of delivery to the consumer or a pre-designated representative and made known to the trader, unless expressly otherwise agreed.
6. LiftMotive Europe B.V. uses Transmission and DHL Freight for pallet transport. Our carrier delivers your shipment up to the first door. This can be the front door but also the first gate. If you request the driver to continue the shipment beyond the above and if this is possible, LiftMotive Europe B.V. and its carrier are never liable for damages or claims that may arise from this.

Article 14 – Duration transactions: duration, termination and renewal

Termination:

1. Consumers may terminate an agreement which has been entered into indefinitely which extends to the regular delivery of products (including electricity) or services at any time in accordance with agreed termination rules and a notice period not exceeding one month.
2. Consumers may terminate an agreement entered into for a certain period of time which shall be necessary to regularly supply products (including electricity) or services at any time by the end of the period of time in accordance with the provisions of agreed termination rules and a notice period not exceeding one month.
3. Consumers may:

– cancel at any time and are not limited to denunciation at a given time or in a given period,

– at least to cancel in the same way that they have entered into by him,

– always cancel with the same notice period as the entrepreneur has negotiated for himself.

Extension:

1. An agreement entered into for a certain period of time and which extends to the regular delivery of products (including electricity) or services should not be tacitly renewed or renewed for a certain period of time.
2. By way of derogation from the previous paragraph, an agreement entered into for a certain period of time and extends to the regular delivery of daily news and weekly magazines may be tacitly extended for a certain period of up to three months, if the consumers may terminate this extended agreement by the end of the extension with a notice period not exceeding one month.
3. An agreement entered into for a fixed period of time and extends to the regular delivery of products or services may only be tacitly extended indefinitely if the consumer may cancel at any time with a notice period not exceeding one month. The notice period is not more than three months in case the agreement extends to the settled, but less than once a month, delivering daily, news and weekly magazines and magazines.
4. An agreement with limited duration to the regular delivery of day, news and weekly magazines and magazines (pilot or introductory subscription) shall not be tacitly continued and automatically ends at the end of the trial or introductory period.

Duration:

1. If an agreement has a period of more than one year, after one year the consumer may cancel the agreement at all times with a notice period not exceeding one month, unless reasonableness and fairness oppose stode before the end of the agreement overs duration.

Article 15 – Payment

1. To the extent that no other is provided for in the agreement or additional conditions, the amounts due by the consumer should be met within 14 days of entering the period of reference, or in the absence of a period of thought within 14 days of the conclusion of the agreement. In the event of an agreement to grant a service, this period shall begin on the day after the consumer has received confirmation of the agreement.
2. When selling products to consumers, consumers may never be required to prepay more than 50% on general terms. Where prepayment has been negotiated, the consumer cannot assert any right to implement the order or service(s) in question before the prepayment has been negotiated.
3. The consumer has a duty to immediately report inaccuracies in payment information provided or mentioned to the entrepreneur.
4. If the consumer does not meet his obligation to pay in time(s), it shall be, after being pointed out by the entrepreneur, the late payment and the entrepreneur has given the consumer a period of 14 days to meet his payment obligations after the absence of payment within this 14-day period, the statutory interest due and the entrepreneur is entitled to charge the out-of-court debt collection costs he incurred. These collection costs are maximum: 15% over outstanding amounts up to € 2,500,=; 10% for the subsequent € 2,500,= and 5% over the next € 5,000,= with a minimum of € 40.=. The entrepreneur may deviate from those amounts and percentages for the benefit of the consumer.

Article 16 – Complaints scheme

1. The entrepreneur has a sufficiently publicised complaints procedure and shall deal with the complaint in accordance with this complaints procedure.
2. Complaints concerning the implementation of the contract must be submitted to the entrepreneur in full and clearly defined within a time of the time after the consumer has identified the defects.
3. Complaints submitted to the entrepreneur shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur replies with a message of receipt within the 14-day period and an indication when the consumer can expect a more comprehensive response.
4. The consumer shall give the entrepreneur at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute is created which is open to the dispute settlement.

Article 17 – Disputes

1. Agreements between the entrepreneur and the consumer covered by these terms and conditions shall apply only To Dutch law.

Article 18 – Additional or different provisions

Additional provisions or derogations from these terms and conditions may not be to the detriment of the consumer and must be laid down in writing or in such a way that they can be made accessible by the consumer in an accessible manner stored on a durable data carrier.

Annex I: Revocation Model form

Revocation model form

(fill out and return this form only when you want to revoke the agreement)

– To: LiftMotive Europe B.V.

Melkweg 16A
1841JJ Stompetoren

info@liftmotive.com

– I/We* share/share* you hereby, that I/we* our agreement on

the sale of the following products: *

the delivery of the following digital content: *

the operation of the following service: *,

recalls/repeals*

– Ordered on*/received on* [date order at services or receipt of products]

– [Name consumers(s)]

– [Adres consume]

– [Signature consumer(s)] (only when this form is submitted on paper)

* Overtaking what does not apply or filling out what applies.