Article 1 – Definitions
In these terms and conditions the following definitions apply:
1. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
2. Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
3. Distance contract: an agreement in which, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for communication on distance;
4. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur meeting simultaneously in the same room;
5. Reflection period: the period within which the consumer can make use of his right of withdrawal;
6. Right of withdrawal: the option for the consumer to waive the distance contract within the cooling-off period;
7. Day: calendar day;
8. Duration of transaction: a distance contract with regard to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
9. Durable data carrier: any means that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that allows future consultation and unaltered reproduction of the stored information.
Article 2 – Identity of the entrepreneur
Article 3 – Applicability 1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and 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 consumer electronically in such a way that it is consumer can be stored in a simple way 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 consulted electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
4. In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision in the event of conflicting general terms and conditions. most favorable.
Article 4 – The offer
If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular: • the price including taxes; • any costs of delivery; • the manner in which the agreement will be concluded and which actions are required for this; • whether or not the right of withdrawal is applicable; • the method of payment, delivery or performance of the agreement; • the term for acceptance of the offer, or the term for maintaining the price; • the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the basic rate; • if the agreement is archived after its conclusion, how it can be consulted by the consumer; can become aware of unintended acts, as well as the way in which he can rectify these before the agreement is concluded; • the possible languages in which, in addition to the Dutch, the agreement can be concluded;• the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically;• and the minimum duration of the distance contract in the event of an agreement that extends to continuous or periodic delivery of products or services.
Article 5 – The agreement
1. Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by the consumer of the offer and the fulfillment of the associated conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement.
3. If the agreement 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 observe appropriate security measures.
4. Within legal frameworks, the entrepreneur can inform himself whether the consumer 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, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons, or to attach special conditions to the execution.
5. If the entrepreneur has undertaken to deliver a series of products or services, the provision in the previous paragraph only applies to the first delivery.
6. The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier: where the consumer can go with complaints; • the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; conditions included data, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement; • the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
Article 6a – Right of withdrawal upon delivery of products
1. When purchasing products, the consumer has the option to dissolve the agreement without stating reasons during fourteen working days. This period starts on the day after receipt of the product by or on behalf of the consumer.
2. During this period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories supplied and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
Article 6b – Right of withdrawal when providing services
1. When providing services, the consumer has the option to dissolve the agreement without stating reasons during fourteen working days, commencing on the day of entering into the agreement.
2. To make use of his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.
Article 7 – Costs in case of withdrawal 1. If the consumer makes use of his right of withdrawal, the costs of return will be for his account at most.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.
Article 8 – Exclusion right of withdrawal
1. If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur has stated this clearly in the offer, at least in time for the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products or services: • which have been created by the entrepreneur in accordance with the consumer’s specifications; • which are clearly personal in nature; • which cannot be returned due to their nature; • which are quickly may spoil or become obsolete; • the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence; • for loose newspapers and magazines; • for audio and video recordings and computer software of which the consumer has broken the seal; • concerning accommodation, transport, restaurant business or leisure activities on a specific date or during a specific period; • the delivery of which has started with the express consent of the consumer before the cooling-off period has expired; • regarding betting and lotteries.
Article 9 – 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. Contrary to the previous paragraph, the entrepreneur can offer variable prices for products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This dependence on fluctuations and the fact that any prices quoted 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 statutory regulations or provisions.
4. The prices stated in the offer of products or services include VAT.
5. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and: • they are the result of statutory regulations or provisions; whether the consumer has the authority to cancel the agreement on the day on which the price increase takes effect. The prices stated in the offer of products or services include VAT.
Article 10 – The defect 1. Repairs are based on the complaints/defects described by the customer on the repair form.
2. Only the defect/complaint will be repaired, other defects or substance will not be removed or repaired.
Article 11 – Conformity and Warranty
1. 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 the statutory provisions existing on the date of the conclusion of the agreement. regulations and/or government regulations.
2. A scheme offered by the entrepreneur, manufacturer or importer as a guarantee does not affect the rights and claims that the consumer can assert against the entrepreneur with regard to a shortcoming in the fulfillment of the entrepreneur’s obligations towards the entrepreneur on the basis of the law. and/or the distance contract.
3. Sales; The items that The Power Chase sells have a warranty period of 1 year. The Power Chase uses the warranty conditions as Apple supplies them with all products. If these conditions are not provided in the correct language, they are always available on the website www.thepowerchase.com under the heading support.
1. Furthermore, the warranty expires if the device is opened by the customer or third party after the repair or date of sale.
1. Repairs with 3 months warranty; Our repairs come with a standard warranty period of 3 months* on the replacement parts. If the complaints (as described in article 10) return within 3 months after shipment of the repaired product, The Power Chase will quote the price for a new repair, see article 11.7. and 11.8.
2. Repairs with 6 months warranty; On our repairs where an extra warranty period has been concluded up to 6 months* on the replacement parts. If the complaints (as described in article 10) return within 6 months after shipment of the repaired product, The Power Chase will provide a statement of the price for a new repair, see article 11.7. and 11.8.
3. For the same cause of the complaint, only those parts that were not replaced during the previous repair will be charged.
4. If it appears that the cause of the complaint is different from that of the previous repair, the costs of the new repair as referred to in Article 2 will be passed on to the customer, after which the customer either agrees or does not agree to further handling. of the repair. After renewed repair, the warranty starts again.
5. Warranty matters are always and only received and sent by post, warranties are always implemented as soon as possible with a final solution within 30 days after receipt of the device.
* Warranty on the replacement parts lapses upon detection of fall and/or moisture damage, even if the customer’s device has been opened by the customer or a third party, the warranty is voided.
Article 12 – Services
The Power Chase uses 4 different types of services, At home/at work service, 1H service, 24H service and Weekly service. Each type of service has a certain speed and conditions for it.
1. At home / at work service; The device will be repaired within the agreed period (by appointment), at least 2 hours after appointment, people will be present to repair your device. You must provide us with a table and a chair to allow us to carry out the repair work correctly. Additional costs for this service are €0.48 per kilometer driven (back and forth) from our location. On top of this are the incurred repair costs of the defect.
2. 1H service; The device will be repaired within 1 hour (by appointment), 1 hour after delivery of the device. So when a device arrives late, this will directly affect the time of pick-up. Additional costs for this service are €9.95.
3. 24H service; The device will be repaired within 24H (by post). 24H after receipt, the device will be returned (provided the payment has been received). Explanation based on an example; We will receive your device on Tuesday and you pay immediately, then your device will be returned the next working day (Wednesday in this case no later than 6.30 pm). TNT will then normally offer your device back to your delivery address on Thursday. Additional costs for this service are €4.95.
4. Weekly service; The device will be repaired within 1 week (by post). 5 working days after receipt, the device will be returned (provided payment has been received). Explanation based on an example; We receive your device on Tuesday and you pay immediately, then your device will be returned 1 week later (Tuesday in this case no later than 6.30 pm). TNT will then normally offer your device back to your delivery address on Wednesday. There are no additional charges for this service.
Article 13 – Delivery and execution
1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but at the latest within 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than one month after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
4. In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 30 days after dissolution.
5. If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to make a replacement article available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items right of withdrawal can not be excluded. The costs of return shipment are for the account of the entrepreneur.
6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless expressly agreed otherwise.
7. The entrepreneur is liable for loss and theft of the product, fittings and accessories, as well as for damage thereto, arising from the time of receipt until the time of return shipment. Return shipments are always sent with insurance (TNT) -Damage compensation for registered shipment is a maximum of 50.00 euros, Compensation for registered insured shipment is a maximum of 5400.00 euros, -Only material damage is compensated in the form of an identical or equivalent device.
8. The entrepreneur offers an insured shipment as standard, this insurance is issued by TNT Post and in the event of any loss or damage will be handled by The Power Chase with TNT.
9. The entrepreneur is not responsible for any loss of data. A number of repairs, such as replacement of motherboards or hard disks, are associated with loss of data. The customer is responsible for securing this by means of a backup.
10. Service types, The Power Chase uses four different types of services, namely At home / at work service, 1 hour service’, ’24H service’ and ‘Week service’.
• Home/work service; the problem (if possible) will be solved at your home or work based on an appointment. Additional costs for the service are €0.48 per kilometer driven (back and forth) and is only carried out by appointment. The appointment for this can be scheduled in the online agenda system that is located on the website.
• 1 hour service; the problem (if possible) will be resolved within 1 hour of receipt. Additional costs for the service are €9.95 and are only performed by appointment. The appointment for this can be scheduled in the online agenda system that is located on the website.
• 24H service; the problem (if possible) will be resolved and returned within 24 hours of receipt. Additional costs for the service are €4.95 and will only be carried out by means of a delivery by post. 24 hours means that the device will be returned 1 working day after receipt. For example: if a device is received on Friday, it will be returned by post the next working day, Monday.
• Weekly service; the problem (if possible) will be solved within 1 week after receipt and sent back. There are no additional costs for this service and is only carried out by means of a delivery by post. 1 week means that the device will be returned 5 working days after receipt. For example: when a device is received on Friday, it will be returned by post no later than 5 working days later, Friday.
Article 14 – Duration transactions
1. The consumer can terminate an agreement that has been entered into for an indefinite period of time with due observance of the agreed cancellation rules and a notice period of no more than one month.
2. An agreement entered into for a definite period of time has a maximum term of two years. If it has been agreed that the distance contract will be extended if the consumer is silent, the agreement will be continued as an agreement for an indefinite period and the notice period after continuation of the agreement will be a maximum of one month.
Article 15 – Payment
1. Payment must be received no later than 4:00 PM on the day that the shipment should be returned.
2. Payment must be completed as agreed in the repair or sale application. When the product (from repair or sale) is sent by post, this is only done after the full invoice amount has been completed, unless another payment method has been explicitly agreed with iPhoneService.nl.
3. When payment is made on account, a payment term of 14 days after issuance of this agreement applies to all services and products.
4. When selling products to consumers, an advance payment of more than 50% may never be stipulated in general terms and conditions. When advance payment is stipulated, the consumer cannot assert any rights with regard to the execution of the relevant order or service(s) before the stipulated advance payment has been made.
5. The consumer has the obligation to immediately report inaccuracies in the payment details provided or stated to the entrepreneur.
6. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
Article 16 – Complaints procedure
1. The entrepreneur 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 to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will answer within the period of 14 days with a notification of receipt and an indication when the consumer can expect a more detailed answer.
Article 17 – Additional or different provisions
Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.