Terms and Condition

General Terms and Conditions

Article 1 - Definitions In these terms and conditions, the following definitions apply:

  • Cooling-off Period: the period within which the consumer can exercise their right of withdrawal;
  • Consumer: a natural person not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
  • Day: calendar day;
  • Ongoing Transaction: a distance contract concerning a series of products and/or services, with obligations spread over time;
  • Durable Medium: any device that allows the consumer or entrepreneur to store information addressed personally to them in a way that enables future access and unchanged reproduction of the stored information;
  • Right of Withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;
  • Entrepreneur: the natural or legal person offering products and/or services remotely to consumers;
  • Distance Contract: an agreement where, in the context of a system organized by the entrepreneur for the remote sale of products and/or services, only one or more means of remote communication are used up to the conclusion of the agreement;
  • Means of Remote Communication: any method that can be used to conclude a contract without the simultaneous presence of the consumer and the entrepreneur.

General Terms and Conditions: the current general terms and conditions of the entrepreneur.

Article 2 - Identity of the Entrepreneur
Bolt Recharged
Valetastaat 36
7323SG Apeldoorn

info@boltrecharged.com
Chamber of Commerce: 78262453
VAT: NL003314551B09

Article 3 - Applicability These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed and that they will be sent to the consumer free of charge upon request.

If the distance contract is concluded electronically, the text of these general terms and conditions will be made available electronically in a way that allows the consumer to store it easily on a durable medium. If this is not reasonably possible, it will be indicated where the general terms and conditions can be accessed electronically and that they will be sent free of charge upon request, either electronically or otherwise.

In cases where specific product or service conditions apply, paragraphs 2 and 3 apply accordingly, and the consumer can always invoke the most favorable condition in the event of conflicting general terms and conditions.

If one or more provisions of these General Terms and Conditions are void or voided, the rest of the agreement and these General Terms and Conditions will remain in effect. The void provision(s) will be replaced by a provision that approximates the original intent as closely as possible.

Situations not covered by these General Terms and Conditions should be assessed "in the spirit" of these General Terms and Conditions.

Any uncertainties regarding the interpretation or content of one or more provisions of our General Terms and Conditions should be interpreted "in the spirit" of these General Terms and Conditions.

Article 4 - The Offer If an offer has a limited validity or is subject to conditions, this will be explicitly stated in the offer.

The offer is subject to change. The entrepreneur reserves the right to modify and adjust the offer.

The offer includes a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these will be a true representation of the offered products and/or services. Obvious errors or mistakes in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot serve as grounds for any compensation or the dissolution of the contract.

Product images are a faithful representation of the products offered. However, the entrepreneur cannot guarantee that the colors shown will exactly match the actual colors of the products.

Each offer includes information that makes it clear to the consumer what rights and obligations are associated with accepting the offer, including:

  • The price, excluding customs and import VAT. These additional costs are borne by the customer. The postal or courier service uses a special regulation for postal services upon import. This regulation applies when goods are imported into the EU destination country. The postal or courier company collects VAT (including customs fees) from the recipient;
  • Shipping costs, if applicable;
  • The manner in which the contract will be concluded and the necessary steps for its conclusion;
  • Whether the right of withdrawal applies;
  • The method of payment, delivery, and execution of the contract;
  • The acceptance period of the offer or the period during which the entrepreneur guarantees the price;
  • The rate for remote communication, if different from the basic rate for the communication technology used;
  • Whether the contract will be archived and, if so, how the consumer can access it;
  • The way in which the consumer can check and correct the information provided in the context of the agreement before concluding it;
  • The languages other than Dutch in which the contract can be concluded;
  • Any codes of conduct to which the entrepreneur is subject and how the consumer can access these electronically;
  • The minimum duration of the distance contract in the case of an ongoing transaction.

Article 5 - The Agreement The agreement comes into effect, subject to the provisions in paragraph 4, upon the consumer's acceptance of the offer and fulfillment of the conditions set therein.

If the consumer accepts the offer electronically, the entrepreneur will confirm receipt of the acceptance electronically without delay. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the contract.

If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

The entrepreneur may, within legal limits, gather information about whether the consumer can meet their payment obligations, as well as about facts and factors relevant to a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reason not to conclude the agreement, they are entitled to refuse an order or attach special conditions to the execution.

The entrepreneur will provide the following information to the consumer, either in writing or in a manner that allows it to be stored on a durable medium:

  1. The entrepreneur’s business address where the consumer can address complaints;
  2. The conditions under which and how the consumer can exercise the right of withdrawal or a clear statement if the right of withdrawal is excluded;
  3. Information about existing warranties and after-sales services;
  4. The details specified in Article 4, paragraph 3, unless the entrepreneur has already provided these to the consumer before executing the contract;
  5. The conditions for terminating the contract if it lasts for more than one year or is indefinite.

In the case of an ongoing contract, the provisions of the previous paragraph apply only to the first delivery.

Each agreement is concluded under the suspensive condition of sufficient availability of the ordered products.

Article 6 - Right of Withdrawal When purchasing products, the consumer has the right to cancel the contract without giving any reason within 14 days. This cooling-off period begins the day after the consumer, or a representative appointed by the consumer and the entrepreneur, receives the product.

During the cooling-off period, the consumer must handle the product and packaging with care. The consumer should only unpack or use the product to the extent necessary to decide whether to keep it. If the consumer exercises the right of withdrawal, they must return the product, including all delivered accessories, and, where reasonable, in the original condition and packaging, following the reasonable and clear instructions provided by the entrepreneur. The consumer bears the return shipping costs.

If the consumer wishes to exercise the right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product, via written notice or email.

Once the consumer has indicated that they wish to exercise the right of withdrawal, they must return the product within 14 days. The consumer must provide proof of timely return, for example, through a receipt for the return shipment.

If the consumer has not expressed their intention to use the right of withdrawal or has not returned the product after the periods mentioned in paragraphs 2 and 3, the purchase is final.

Article 7 - Costs in Case of Withdrawal If the consumer has made a payment, the entrepreneur will refund this amount as soon as possible but no later than 14 days after the withdrawal, provided that the goods have been received by the entrepreneur or conclusive proof of the return can be provided.

Article 8 - Exclusion of the Right of Withdrawal The entrepreneur may exclude the consumer from the right of withdrawal for products described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur clearly stated this in the offer or at least before the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for products:

  1. Made according to the consumer’s specifications;
  2. That are clearly personal in nature;
  3. That cannot be returned due to their nature;
  4. That spoil or age quickly;
  5. Whose price is subject to fluctuations on the financial market beyond the entrepreneur’s control;
  6. For separate newspapers and magazines;
  7. For audio and video recordings and computer software where the consumer has broken the seal;
  8. For hygiene products where the seal has been broken.

Exclusion of the right of withdrawal is only possible for services:

  1. Regarding accommodation, transport, hospitality, or leisure to be provided on a specific date or during a specific period;
  2. Where the delivery has begun with the consumer’s explicit consent before the end of the cooling-off period;
  3. Related to betting and lotteries.

Article 9 - Price During the offer's validity period, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.

Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the entrepreneur's control at variable prices. These price fluctuations and the fact that any listed prices are target prices will be mentioned in the offer.

Price increases within 3 months after the agreement’s conclusion are only permitted if they result from statutory regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated it and:

  1. They are the result of statutory regulations or provisions;
  2. The consumer has the right to cancel the contract from the date the price increase takes effect.

According to Article 5, paragraph 1, of the VAT Act of 1968, the place of delivery is the country where the transport begins. In such cases, the delivery takes place outside the EU, and accordingly, the postal or courier company will charge the customer the VAT at import and/or any clearance fees. Therefore, the entrepreneur will not charge VAT. All prices are subject to printing and typographical errors. No liability will be accepted for the consequences of such errors. In the case of printing or typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 - Compliance and Warranty The entrepreneur 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 any legal provisions and/or government regulations in effect on the date the agreement was concluded. If agreed upon, the entrepreneur also guarantees that the product is suitable for uses other than normal use.

Any guarantee provided by the trader, manufacturer, or importer does not affect the statutory rights and claims that the consumer may assert against the trader under the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Products must be returned in their original packaging and in new condition.

The warranty period offered by the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for any individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

  • The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by a third party;
  • The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the entrepreneur’s instructions and/or the instructions on the packaging;
  • The defect is wholly or partially due to government regulations regarding the nature or quality of the materials used.

Article 11 - Delivery and Execution The entrepreneur will exercise the utmost care when receiving and executing product orders.

The delivery address is the one that the consumer has provided to the entrepreneur. It is the consumer's responsibility to provide accurate and complete address details when placing an order. If the information provided by the consumer is incorrect and results in the package not being delivered, the consumer is liable for any resulting damages and costs.

In compliance with what is stated in Article 4 of these terms and conditions, the entrepreneur will execute accepted orders with due speed but no later than 30 days unless a longer delivery period has been agreed upon with the consumer. If the delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be informed no later than 30 days after the order was placed. In that case, the consumer has the right to terminate the agreement free of charge and may be entitled to compensation.

In the event of termination in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after the termination.

If delivering an ordered product proves impossible, the entrepreneur will make an effort to provide a substitute item. At the latest upon delivery, it will be clearly communicated that a substitute item is being delivered. The right of withdrawal cannot be excluded for substitute items. The return shipping costs are always the responsibility of the consumer, unless otherwise agreed.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a designated representative known to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Continuation of Services: Duration, Termination, and Renewal

Termination
The consumer may terminate an indefinite agreement for the regular supply of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period not exceeding one month.

The consumer may terminate a fixed-term agreement for the regular supply of products (including electricity) or services at any time, at the end of the specified period, subject to the agreed termination rules and a notice period not exceeding one month.

The consumer may terminate the agreements mentioned in the previous paragraphs at any time, without being restricted to a specific time or period, and with the same method as the one used for concluding the agreement, always subject to the same notice period that the trader has set for themselves.

Extension
A fixed-term agreement for the regular supply of goods (including electricity) or services cannot be tacitly renewed or extended for a fixed period.

Contrary to the previous paragraph, a fixed-term agreement for the periodic supply of daily, weekly, or monthly newspapers or magazines may be tacitly renewed for a fixed period of no more than three months, provided that the consumer can terminate the extended agreement at the end of the extension period with a notice period of no more than one month.

A fixed-term agreement for the regular supply of goods or services may only be tacitly renewed for an indefinite period if the consumer can terminate the agreement at any time with a notice period not exceeding one month, or three months for agreements involving the regular supply of daily, weekly, or monthly newspapers or magazines, but less than once a month.

A trial or introductory subscription for the regular supply of daily, weekly, or monthly newspapers or magazines does not automatically continue and ends automatically at the end of the trial or introductory period.

Duration
If an agreement has a duration of more than one year, the consumer may terminate the agreement after one year at any time with a notice period not exceeding one month, unless reasonableness and fairness dictate otherwise before the end of the agreed period.

Article 13 - Payment Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period mentioned in Article 6, paragraph 1. In the case of a service agreement, this period starts after the consumer has received the confirmation of the agreement.

The consumer is obliged to report any inaccuracies in the payment details provided to the trader without delay.

If the consumer fails to make payment, the entrepreneur, subject to legal limitations, has the right to charge any reasonable costs incurred, provided that the consumer was informed of these in advance.

Article 14 - Complaints Complaints about the execution of the agreement must be submitted to the entrepreneur in full and clearly described within 7 days after the consumer has discovered the defects.

Complaints submitted to the trader will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the trader will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved by mutual agreement, it will result in a dispute that is subject to the dispute resolution procedure.

A complaint does not suspend the trader’s obligations unless the trader indicates otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.

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