General Terms and Conditions ‘BoosterMe’ applicable from 01 October 2020
Article 1. Definitions
In these general terms and conditions, the following terms, both in the plural and in the singular, are used in the following sense, unless expressly indicated otherwise:
1. Cooling-off period: the period within which the Customer can make use of his right of withdrawal;
2. BoosterMe: the private limited company: BoosterMe B.V., registered with the Chamber of Commerce under number 80917232;
3. Withdrawal form: the European model withdrawal form;
4. Right of withdrawal: the legal possibility of the Customer to waive the distance contract within the cooling-off period;
5. Customer: the natural person who does not act in the course of his profession or business;
6. Distance Agreement: an agreement that is concluded between BoosterMe and the Customer, whereby exclusive or joint use is made of one or more techniques for distance communication up to and including the conclusion of the agreement.
Article 2. Applicability
1. The present general terms and conditions apply to all offers, quotations, agreements and deliveries of BoosterMe, of whatever nature, unless that applicability in whole or in parts has been expressly excluded in writing or explicitly agreed otherwise.
2. Before the agreement is concluded, the text of these general terms and conditions is made available to the Customer. If this is not reasonably possible, BoosterMe will indicate, before the agreement is concluded, how the general terms and conditions can be viewed at BoosterMe and that they will be sent free of charge as soon as possible at the request of the Customer.
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 the Customer can can be stored in a simple way in a sustainable way If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the request of the Customer electronically or otherwise.
4. If one or more of the provisions of these general terms and conditions or any other agreement with BoosterMe should be in conflict with a mandatory statutory provision or any applicable legal provision, this will not affect the validity of all other provisions of these general terms and conditions or the underlying agreement and the relevant provision will lapse and will be replaced by a new, legally permissible and comparable provision to be determined by BoosterMe.
5. In the event of a conflict between the content of an agreement concluded between the Customer and BoosterMe and these terms and conditions, the content of the agreement will prevail.
Article 3. Offers and quotes
1. All offers and quotations from BoosterMe are revocable and are made without obligation, unless stated otherwise in writing.
2. Obvious errors or clerical errors in BoosterMe’s offer are not binding on BoosterMe.
3. A composite quotation does not oblige BoosterMe to perform part of the assignment for a corresponding part of the stated price.
4. The prices in Skoren’s offers and quotations include VAT and other government levies, unless indicated otherwise.
Article 4. The agreement
1. The agreement is concluded at the moment of acceptance by the Customer of the offer and the fulfillment of the associated conditions.
2.If the Customer has accepted the offer electronically, BoosterMe will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by BoosterMe, the Customer can dissolve the agreement.
3. If BoosterMe has good reasons not to enter into the agreement, it is entitled to refuse an order or request with reasons.
4.BoosterMe will make the model withdrawal form available at the latest upon delivery of its products to the Customer if the Customer has the right of withdrawal.
Article 5. Delivery
1. The Customer states the desired delivery address for the delivery of the products.
2. BoosterMe will execute accepted orders within 30 days at the latest, unless a different delivery period has been agreed.
3. If the delivery is delayed, or if an order cannot or only partially be executed, the Customer will be notified of this no later than 30 days after placing the order. In that case, the Customer has the right to dissolve the agreement without costs and without the right to any compensation.
Article 6. Right of withdrawal
1. The Customer can dissolve an agreement with regard to the purchase of a product during a reflection period of at least 14 days without stating reasons. BoosterMe may not oblige the Customer to state his reason(s).
2. The reflection period referred to in paragraph 1 starts on the day after the Customer, or a third party designated in advance by the Customer, who is not the carrier, has received the product, or:
– if the Customer has ordered several products in the same order: the day on which the Customer, or a third party designated by him, has received the last product. BoosterMe may, provided it has clearly informed the Customer about this prior to the ordering process, refuse an order for several products with different delivery times.
– if the delivery of a product consists of several shipments or parts: the day on which the Customer, or a third party designated by him, has received the last shipment or the last part.
Article 7. Obligations Customer during the cooling-off period
1. During the cooling-off period, the Customer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics,
and determine the operation of the product. He will also not (unnecessarily) damage the packaging.
2. The Customer is only liable for depreciation of the product that is the result of a way of handling the product and packaging that goes beyond what is allowed in paragraph 1.
Articlel 8. Use of the right of withdrawal
1.In cases where the Customer makes use of his right of withdrawal, he will report this to BoosterMe within the reflection period by means of the 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 Customer returns the product or hands it over to (an authorized representative of) BoosterMe. This is not necessary if BoosterMe has offered to collect the product itself. The Customer has in any case observed the return period if he returns the product before the reflection period has expired.
3. The Customer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by BoosterMe.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the Customer.
5. The Customer bears the direct costs of returning the product. If BoosterMe has not stated that the Customer has to bear these costs or if BoosterMe indicates that it will bear the costs itself, the Customer does not have to bear the costs for return.
6. BoosterMe will reimburse all payments made by the Customer, including any delivery costs charged by BoosterMe for the returned product, without delay but within 14 days following the day on which the Customer notifies him of the withdrawal. Unless BoosterMe offers to collect the product itself, it may withhold payment until it has received the product or until the Customer demonstrates that he has returned the product, whichever is earlier.
7. oosterMe uses the same payment method that the Customer has used for reimbursement, unless the Customer agrees to another method. The refund is free of charge for the Customer.
8. If the Customer has opted for a more expensive method of delivery than the cheapest standard delivery, BoosterMe does not have to pay the additional costs for the more expensive method
9. BoosterMe may exclude from the right of withdrawal, products manufactured according to the Customer’s specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the Customer.
Article 9. warranty
1. BoosterMe has included the warranty conditions in a separate document that is made available to the customer when the products are delivered.
2. The warranty conditions are also published on the BoosterMe website.
Article 10. Payment
1.Insofar as not provided otherwise in the agreement or additional terms and conditions, the amounts owed by the Customer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement. 2. BoosterMe may oblige the Customer to pay 50% of the amounts due in advance. As long as the Customer has not fulfilled this obligation to pay in advance, the Customer cannot assert any rights with regard to the execution of the order concerned.
3. The Customer will immediately report inaccuracies in payment details provided or stated to BoosterMe.
Article 11. Collection costs
1. If the Customer does not meet his payment obligation(s) in time, he will be given notice of default by BoosterMe and has been granted a one-off period of 14 days to still meet his payment obligations. If payment is not made within this period of 14 days, the statutory interest will be charged on the amount still owed and BoosterMe is entitled to charge the extrajudicial collection costs incurred.
2. The collection costs referred to above are a minimum of € 40 and a maximum of:
– 15% on outstanding amounts up to € 2,500;
– 10% on the subsequent € 2,500;
– 5% on the next €5,000.
Article 12. Dutch law and contact details
1. All agreements between BoosterMe and the Customer are exclusively governed by Dutch law.
2. You can reach us as follows:
– Address: Winkler Prinsstraat 5, 9403 AZ Assen The Netherlands
– Opening hours:
Monday to Friday from 8.30 am to 5 pm