Terms and conditions
General Terms and Conditions 'BoosterMe' effective October 01, 2020
Article 1. Definitions
In these general terms and conditions, the following terms, both plural and singular, are used in the following definitions unless expressly stated otherwise:
- Reflection Period: the period within which the Customer can exercise his right of withdrawal;
- BoosterMe: the private company: BoosterMe B.V., registered with the Chamber of Commerce under number 80917232;
- Withdrawal Form: the European model withdrawal form;
- Right of withdrawal: the Customer's legal option to withdraw from the distance contract within the withdrawal period;
- Customer: the natural person not acting in the exercise of his profession or business;
- Distance agreement: an agreement concluded between BoosterMe and the Customer, whereby up to and including the conclusion of the agreement exclusive or joint use is made of one or more techniques for distance communication.
Article 2. Applicability
- These General Terms and Conditions apply to all offers, quotations, agreements and deliveries of BoosterMe, of whatever nature, unless their applicability is expressly excluded in full or in part in writing or explicitly agreed otherwise.
- Before the agreement is concluded, the text of these General Terms and Conditions shall be made available to the Client. If this is not reasonably possible, BoosterMe shall, before the agreement is concluded, indicate the manner in which the general conditions can be inspected at BoosterMe and that they will be sent free of charge as soon as possible at the Customer's request.
- 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 may be made available to the Customer electronically in such a way that it can be easily stored by the Customer 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 inspected electronically and that they will be sent electronically or otherwise free of charge at the Customer's request.
- Should one or more of the provisions of these General Terms and Conditions or any other agreement with BoosterMe be in conflict with a mandatory statutory provision or any applicable legal provision, this will have no effect whatsoever on the validity of all other provisions of these General Terms and Conditions or the underlying agreement and the provision in question will cease to apply and will be replaced by a new, legally permissible and comparable provision to be determined by BoosterMe.
- In case of conflict between the content of an agreement concluded between the Customer and BoosterMe and these terms and conditions, the content of the agreement shall prevail.
Article 3. Offers and quotations
- All offers and quotations of BoosterMe are revocable and made without obligation, unless otherwise indicated in writing.
- Obvious errors or clerical errors in the offer of BoosterMe shall not bind BoosterMe.
- A compound quotation does not oblige BoosterMe to execute part of the order at a corresponding part of the quoted price.
- The prices in BoosterMe's offers and quotations include VAT and other government levies, unless otherwise indicated.
Article 4. The Agreement
- The Agreement will be established at the moment of acceptance by the Customer of the offer and the fulfilment of the conditions thereby stipulated.
- If the client has accepted the offer electronically, BoosterMe will immediately confirm receipt of electronic acceptance of the offer. Until receipt of this acceptance is confirmed by BoosterMe, the Client may dissolve the agreement.
- If BoosterMe has good grounds for not entering into the agreement, it shall be entitled to refuse an order or request, giving reasons.
- BoosterMe will provide the Client with the model withdrawal form no later than at the time of delivery of its products if the Client is entitled to the right of withdrawal.
Article 5. Delivery
- The Customer states the desired delivery address for the delivery of the products.
- BoosterMe will execute accepted orders within 30 days at the latest, unless another delivery period has been agreed.
- If delivery is delayed, or if an order cannot or can only be partially carried out, the Client will be informed at the latest 30 days after the order was placed. In that case, the Client has the right to dissolve the agreement without costs and without the right to possible compensation.
Article 6. Right of withdrawal
- The Customer may dissolve an agreement relating to the purchase of a product during a reflection period of at least 14 days without giving reasons. BoosterMe may not oblige the Customer to give its reason(s).
- The cooling-off period referred to in paragraph 1 commences on the day after the Customer, or a third party designated in advance by the Customer, other than 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 of this prior to the ordering process, refuse an order of multiple products with different delivery times.
- if the delivery of a product consists of several consignments or parts: the day on which the Customer, or a third party designated by him, has received the last consignment or part.
Article 7. Obligations of the Customer during the cooling-off period
- During the reflection period, the Customer shall 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. He will also not (unnecessarily) damage the packaging.
- The Customer is only liable for diminished value of the product resulting from a way of handling the product and packaging that goes beyond what is allowed in paragraph 1.
Article 8. Exercise of the right of withdrawal
- In cases where the Customer exercises his right of withdrawal, he shall notify BoosterMe within the withdrawal period by means of the withdrawal form or by other unambiguous means.
- As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the Customer shall return the product, or hand 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 complied with the return period if he returns the product before the cooling-off period has expired.
- The Customer shall return the product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by BoosterMe.
- The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the Customer.
- The Customer shall bear the direct costs of returning the product. If BoosterMe has not notified the Customer that the Customer must bear these costs or if BoosterMe indicates that it will bear the costs itself, the Customer need not bear the costs of return shipment.
- 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 it of the withdrawal. Unless BoosterMe offers to collect the product itself, it may withhold reimbursement until it has received the product or until the Customer proves that he has returned the product, whichever is earlier.
- BoosterMe will use the same means of payment used by the Customer for reimbursement, unless the Customer agrees to another method. The refund will be free of charge to the Customer.
- If the Customer has chosen a more expensive method of delivery than the cheapest standard delivery, BoosterMe does not have to refund the additional costs for the more expensive method refund.
- BoosterMe may exclude from the right of withdrawal, the 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
- BoosterMe has included the warranty conditions in a separate document made available to the Customer upon delivery of the products.
- The warranty terms are also published on BoosterMe's website.
Article 10. Payment
- To the extent not otherwise provided for in the agreement or additional conditions, the amounts owed by the Customer shall be paid within 14 days after the start of the reflection period, or in the absence of a reflection period within 14 days after the conclusion of the agreement.
- BoosterMe may require the Customer to pay 50% of the amounts due in advance. As long as the Client has not fulfilled this prepayment obligation, the Client may not assert any rights regarding the execution of the order in question.
- The Client shall report inaccuracies in payment details provided or mentioned to BoosterMe without delay.
Article 11. Collection costs
- If the client fails to fulfill his payment obligation(s) in time, he will be placed in default by BoosterMe and given a period of 14 days to fulfill his payment obligations. If payment is not made within this period of 14 days, interest will be charged at the statutory rate and BoosterMe will be entitled to charge extrajudicial collection costs.
- The collection costs referred to above shall be a minimum of € 40,- and a maximum of:
- 15% on outstanding amounts up to € 2,500;
- 10% over the next € 2,500;
- 5% over the next € 5,000.
Article 12. Dutch law and contact details
- All agreements between BoosterMe and the Client are exclusively governed by Dutch law.
- You can reach us as follows:
- Address: Winkler Prinsstraat 5, 9403 AZ Assen
- Email: [email protected]
- Opening hours: Monday to Friday from 8.30 AM to 5.00 PM
For all other questions
+31 85 401 7174
Winkler Prinsstraat 5
9403 AZ Assen
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