General Terms and Conditions for Consumers of the private limited company WATT E-MOBILITY, located in Breda, the Netherlands. Filed with the Chamber of Commerce and Industry Brabant under number 96273437.

Consumer Version

Article 1 Applicability of the conditions

1.1 These terms and conditions apply to all agreements, including the distance contract as well as every offer and every (legal) act from which such a distance contract may arise, (including any amendment or supplement to an agreement as well as all (legal) acts in preparation and in execution of that agreement, including these terms and conditions and any other specifications and conditions as applicable to the agreement) of the private limited company WATT E-MOBILITY, hereinafter referred to as: WATT E-MOBILITY, and every agreement between WATT E-MOBILITY and a consumer, not acting in the exercise of a profession or business, to which WATT E-MOBILITY has declared these terms and conditions applicable and to the extent that the parties have not expressly deviated from these terms and conditions in writing.
1.2 A distance contract exists if, within the framework of a system for the distance sale of products and/or services organised by WATT E-MOBILITY, up to and including the conclusion of the contract, exclusive use is made of distance communication techniques, therefore without the consumer and (employees of) WATT E-MOBILITY having been in each other's personal presence.
1.3 Before a distance contract is concluded, the text of these general terms and conditions will be made available to the consumer electronically, in such a way that they can be easily stored by the consumer. If it is not reasonably possible to make these general terms and conditions available to the consumer in this way, the consumer will be informed before the distance contract is concluded that the general terms and conditions are available for inspection at WATT E-MOBILITY and will be sent to them free of charge as soon as possible upon request.
1.4 The agreement between the consumer and WATT E-MOBILITY is concluded when the consumer has received proof of receipt of approval from WATT E-MOBILITY electronically.

Article 2 Quotations

2.1 Quotes made by WATT E-MOBILITY are non-binding. They are valid for thirty days, unless otherwise stated in writing. Prices stated in a quote are exclusive of VAT, quoted in euros, and exclude shipping costs. Prices in non-EU countries are VAT-exclusive. The customer is responsible for any import duties and similar national levies.
2.2 Each quotation and/or offer contains such information that it is clear to the consumer what rights and obligations are attached to its acceptance. This concerns in particular the price including taxes, any delivery costs, the manner in which the agreement will be concluded and the actions required for this, the applicability or otherwise of the right of withdrawal, the method of payment, delivery, or performance of the agreement, the period for acceptance or the period for honoring the price, the amount of the rate for distance communication if the costs of using the distance communication technology are calculated on a basis other than the regular basic rate for the communication medium used, whether the agreement is archived after its conclusion, and if so, how it can be consulted by the consumer, and furthermore, the way in which the consumer, before concluding the agreement, can check and, if necessary, correct the data provided by them in connection with the agreement, and the minimum duration of the distance contract in the case of a long-term transaction.

Article 3 Agreement

3.1 Offers displayed by WATT E-MOBILITY are not binding on WATT E-MOBILITY and serve only as an invitation to place an order. This order will only definitively result in an agreement between the parties after WATT E-MOBILITY has accepted and confirmed the order in writing and executes it. WATT E-MOBILITY will then charge the price that is used in accordance with WATT E-MOBILITY's most current price list. WATT E-MOBILITY strives to always display the most current prices in euros on the price list on its website, but reserves the right to deviate from the displayed price, particularly if the displayed prices do not correspond to the most current price list used by WATT E-MOBILITY due to a technical malfunction or the actions of third parties. WATT E-MOBILITY will inform the consumer in such a case. The consumer will then be able to invoke the right to terminate the agreement. If this right is not exercised within 8 days of notification by WATT E-MOBILITY, WATT E-MOBILITY will implement the agreement in accordance with the provisions of this article.
3.2 Subject to the foregoing, an agreement is also concluded when the consumer accepts any offer and meets the conditions set forth therein. If the consumer has accepted the offer electronically, WATT E-MOBILITY will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed, the consumer may terminate the agreement.
3.3 If the agreement is concluded electronically, WATT E-MOBILITY will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer wishes to pay electronically, WATT E-MOBILITY will implement appropriate security measures.
3.4 WATT E-MOBILITY 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: the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal, the information about existing after-sales service and guarantees, the information included in Article 2, paragraph 2 of these terms and conditions, unless WATT E-MOBILITY has already provided this information to the consumer prior to the performance of the agreement, as well as the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
3.5 WATT E-MOBILITY may, within legal frameworks, investigate whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, WATT E-MOBILITY has good reason not to enter into the contract, it is entitled to reject an order or request with reasons or to impose special conditions on its execution.
3.6 Regardless of the foregoing, WATT E-MOBILITY may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market over which WATT E-MOBILITY has no control. This subjection to fluctuations and the fact that any stated prices are target prices will be stated in the offer.

Article 4 Delivery

4.1 Delivery takes place ex warehouse of WATT E-MOBILITY in the Netherlands or any other location designated by WATT E-MOBILITY, unless otherwise agreed in writing.
4.2 The consumer is obligated to accept the purchased items upon delivery. The risk of loss, theft, and damage to the delivered products will pass to the consumer upon delivery. If acceptance is refused, the items will be stored at the consumer's expense and risk. All additional costs incurred in this regard, including but not limited to storage costs, will be borne by the consumer.
4.3 If at any time WATT E-MOBILITY has reasonable doubts about the creditworthiness of the consumer, WATT E-MOBILITY has the right, before performing (further), to demand that the consumer make an advance payment or provide security for the amounts that WATT E-MOBILITY has or will have to claim from the consumer, whether or not due and payable, such at the discretion of WATT E-MOBILITY.
4.4 If the consumer does not pay on the due date, WATT E-MOBILITY is entitled to refuse any further delivery of goods or services until payment has been made in full.

Article 5 Right of withdrawal

5.1 When purchasing products, the consumer has the right to cancel the agreement without giving reasons within 14 (fourteen) days. This period commences on the day after the consumer, or a representative designated in advance by the consumer and notified to WATT E-MOBILITY, receives the product.
5.2 During this period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they will return the product with all accessories supplied and – if reasonably possible – in its original condition and packaging to WATT E-MOBILITY, in accordance with the reasonable and clear instructions provided by WATT E-MOBILITY.
5.3 If the consumer exercises his right of withdrawal, he will be responsible for at most the costs of return.
5.4 If the consumer has paid an amount, WATT E-MOBILITY will refund this amount as soon as possible, but no later than 14 days after cancellation and receipt of the returned goods.

Article 6 Delivery time

6.1 Delivery times are approximate and provided to the best of WATT E-MOBILITY's knowledge, but are not binding on WATT E-MOBILITY. Exceeding the stated delivery time only entitles the consumer to terminate the agreement after WATT E-MOBILITY has received written notice of default, setting a reasonable period for compliance, and delivery has not taken place within this period. In such a case, the consumer will not be entitled to any compensation, except insofar as any statutory provision so provides, or to non-compliance with any obligation on their part arising from the agreement.
6.2 In the event of a delay in delivery compared to the estimated delivery date specified in the previous paragraph, WATT E-MOBILITY will inform the consumer thereof.
6.3 The estimated delivery time specified by WATT E-MOBILITY commences at the moment that the acceptance of the quotation by the consumer has been confirmed in writing by WATT E-MOBILITY and all data or resources necessary for the execution of the delivery have been received by WATT E-MOBILITY from the consumer.
6.4 Subject to the provisions of these general terms and conditions, WATT E-MOBILITY will fulfill accepted orders expeditiously, but no later than 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than one month after placing the order. In that case, the consumer has the right to terminate the agreement free of charge. In the event of termination in accordance with this article, WATT E-MOBILITY will refund the amount paid by the consumer as soon as possible, but no later than 30 days after termination.
6.5 WATT E-MOBILITY reserves the right at any time to execute an agreement in parts and to request payment for these. In the event of partial deliveries, these are deemed to be based on separate agreements, to which these terms and conditions apply.

Article 7 Images, drawings, models, etc.

7.1 Images, drawings, dimensions and weight specifications, models, or samples are provided by WATT E-MOBILITY to the consumer for illustrative purposes only. The quality of the delivered goods may deviate from the image, drawing, dimensions and weight specifications, model, or sample, unless expressly stated in writing that delivery will be in accordance with the information provided.

Article 8 Warranty

8.1 The provisions of the WATT E-MOBILITY Warranty Program apply to all WATT E-MOBILITY products, unless expressly agreed otherwise in writing. Furthermore, the terms and conditions and warranties of the manufacturers and third parties supplying goods to WATT E-MOBILITY apply. At the consumer's request, WATT E-MOBILITY will inform them about the applicability and content of the warranty(s) provided by these manufacturers and third parties, if any.
8.2 A warranty provided by WATT E-MOBILITY, the manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against WATT E-MOBILITY under the agreement.

Article 9 Retention of title

9.1 All items delivered by WATT E-MOBILITY remain its property until the consumer has fulfilled all obligations arising from the agreements concluded with WATT E-MOBILITY (of whatever nature). The retention of title referred to here also extends to claims arising from failure to perform the agreement referred to in this article, including claims for damages and compensation for extrajudicial and judicial costs, contractual and statutory interest, as well as fines and penalty payments.

Article 10 Defects / complaint periods

10.1 The consumer must carefully inspect the purchased items upon delivery. In doing so, the consumer must verify whether the delivered items comply with the agreement, namely: Whether the correct items have been delivered; Whether the delivered items correspond in quantity to the quantity stated on the accompanying consignment note.
10.2 If visible defects or shortages are found in the packaging, the consumer must report these visible defects or shortages to WATT E-MOBILITY by telephone immediately upon delivery and subsequently in writing within a maximum of 5 working days after delivery.
10.3 The consumer must report any hidden defects in delivered goods to WATT E-MOBILITY by telephone immediately upon discovery and confirm this in writing within seven days, with the understanding that such defects must be reported to WATT E-MOBILITY within three months of delivery to the consumer.
10.4 After discovering any defect, the consumer is obliged to immediately stop using the product(s) in question and to do and/or refrain from doing everything reasonably possible to prevent (further) damage.
10.5 WATT E-MOBILITY shall not be liable for the defect in question if the consumer fails to comply with the provisions of paragraphs 1 through 4 of this article.

Article 11 Collection costs

11.1 If the consumer is in default or in breach of one or more of their payment obligations and has not paid the amount owed within 14 days after a reminder, all reasonable costs incurred in obtaining satisfaction out of court, in accordance with the Voorwerk II report, will be borne by the consumer. In any case, the consumer owes 15% of the first €2,500 and 10% of the subsequent €2,500, with a minimum of €40.00. If WATT E-MOBILITY demonstrates that it has incurred higher costs that were reasonably necessary, these will also be eligible for reimbursement.

Article 12 Liability

12.1 WATT E-MOBILITY's total liability is always limited to compensation for damages up to the invoice value of the goods supplied by WATT E-MOBILITY to the consumer for which the claim arose. In no event will the total compensation for damages exceed the amount paid to WATT E-MOBILITY by its insurance company, in which case WATT E-MOBILITY is obligated to maintain reasonable insurance.
12.2 WATT E-MOBILITY's liability for direct damages is excluded, except in cases of intent or gross negligence, or otherwise arising from any statutory obligation to pay damages. Direct damages are defined exclusively as:
a) damage to goods, including material damage as well as defective or non-functioning goods and material damage to other property of the consumer and/or third parties;
b) costs of necessary modifications and/or changes in equipment to limit or repair direct damage;
c) reasonable costs incurred in determining the cause and extent of the damage, insofar as the determination relates to direct damage within the meaning of this article;
d) reasonable costs incurred to prevent or limit damage, insofar as the consumer has demonstrated that these costs have led to a limitation of direct damage as referred to in this article.
12.3 Except to the extent mandatory law does not permit a limitation of liability, the total liability of WATT E-MOBILITY for damage resulting from death or bodily injury, notwithstanding the provisions of this article, shall amount to a maximum of the amount paid to it by its insurance company, whereby WATT E-MOBILITY is obliged to maintain reasonable insurance.
12.4 WATT E-MOBILITY's liability for indirect damage: including all damage other than consequential damage, lost profits, lost savings, damage due to business stagnation, damage due to loss of data, environmental damage and/or immaterial damage is excluded.
12.5 Any legal claims regarding damages shall expire within twelve months of discovery of the damage.

Article 13 Email messages

13.1 An e-mail message may be considered equivalent to a written statement in the context of these general terms and conditions and all agreements.
13.2 In the event of a dispute regarding the receipt or non-receipt of email messages, WATT E-MOBILITY's log file data will constitute conclusive evidence.
13.3 Email messages are deemed to have been received when they are accessible to the other party, which in any case includes the moment they reach the mailbox of the receiving party.

Article 14 Telecommunications facilities

14.1 The party using telecommunications facilities is responsible for their selection. If WATT E-MOBILITY uses telecommunications facilities, and if data corruption or transmission delays occur during data transport, WATT E-MOBILITY will be liable for any resulting damage, without prejudice to the other provisions of the General Terms and Conditions, only if and to the extent that this damage can be recovered from the relevant telecommunications provider and without prejudice to any legal basis on which WATT E-MOBILITY could be held liable for damages.

Article 15 Materials and digital information

15.1 All materials and digital information relating to the assignment and which must be made available to the consumer in this context will be transferred to the consumer upon the consumer's first request, but only after the consumer has fulfilled all their obligations to WATT E-MOBILITY. The costs of the necessary data carriers for this purpose shall be borne by the consumer. The same applies to the consumer with regard to materials and digital information from WATT E-MOBILITY, unless otherwise agreed.

Article 16 Data and files

16.1 These terms and conditions apply to the websites operated by WATT E-MOBILITY and to all services offered and provided by WATT E-MOBILITY via the internet.
16.2 WATT E-MOBILITY treats consumer data as strictly confidential. This data will not be shared with third parties unless WATT E-MOBILITY is legally obligated to do so, or if this is necessary for the provision of services. WATT E-MOBILITY complies with, at a minimum, the applicable statutory privacy regulations.
16.3 If the consumer provides information to WATT E-MOBILITY, this information will be stored in a file. If the consumer places an order through a WATT E-MOBILITY website, WATT E-MOBILITY will register those orders in their name. The consumer's information will not be shared with third parties unless this is necessary to fulfill the consumer's order.
16.4 The file containing the consumer's orders is also used to make personalized offers to the consumer, unless the consumer objects via the WATT E-MOBILITY website. The file may also be used for statistical analyses and personalized analyses.
16.5 Some of WATT E-MOBILITY's files, in accordance with the provisions of the Personal Data Protection Act, can be registered with the Dutch Data Protection Authority in The Hague. The data controller is WATT E-MOBILITY BV in Breda.
16.6 WATT E-MOBILITY informs the consumer that it is unavoidable that third parties can register, for example, the frequency with which the consumer visits the WATT E-MOBILITY websites.

Article 17 Intellectual property rights.

17.1 If the consumer sends WATT E-MOBILITY a message, for example with the aim of publishing that message via a WATT E-MOBILITY website, the consumer thereby grants WATT E-MOBILITY the right to publish, reproduce and/or edit that message (including the name provided by the consumer) without any further compensation being due.
17.2 All intellectual property rights relating to the WATT E-MOBILITY websites, including the software, text, images, and sounds, belong to WATT E-MOBILITY and/or the party from whom WATT E-MOBILITY has obtained a license. This means, among other things, that it is not permitted to publish, reproduce, and/or edit information contained on the WATT E-MOBILITY websites without WATT E-MOBILITY's permission, except for personal use.

Article 18 Safety

18.1 Data that consumers provide to WATT E-MOBILITY, such as bank account numbers and credit cards, is sent over the internet via a secure protocol. Other registration and order information is not sent securely.
18.2 WATT E-MOBILITY periodically performs a virus check to ensure that the WATT E-MOBILITY websites are and remain virus-free. However, WATT E-MOBILITY cannot guarantee that the websites are virus-free.

Article 19 Information via the WATT E-MOBILITY websites

19.1 Information found on the WATT E-MOBILITY website has been compiled with great care. However, WATT E-MOBILITY cannot guarantee that the information on the website is always complete and accurate. As a user, the consumer is always responsible for their own decisions and any resulting and related actions, even if these decisions are based on the information displayed on the WATT E-MOBILITY website.
9.2 Information on the WATT E-MOBILITY websites is updated periodically. This also applies to the general terms and conditions and terms applicable to other services offered through the websites. The amended terms and conditions will take effect as soon as they are posted on the site.
19.3 If the consumer encounters errors on the WATT E-MOBILITY websites, WATT E-MOBILITY would greatly appreciate it if the consumer reported this to WATT E-MOBILITY.
19.4 If the WATT E-MOBILITY website contains links to third-party websites, it is important that WATT E-MOBILITY selects the websites to which it links as carefully as possible. However, WATT E-MOBILITY cannot guarantee the content and functionality of third-party websites.

Article 20 Shipping Conditions

20.1 All shipments are handled by third parties. Delivery is always subject to availability. The purchase agreement becomes effective upon WATT E-MOBILITY's compliance with its terms and conditions; it only becomes legally valid upon delivery of the product.
20.2 All shipments are insured during transit. The customer must inspect the package for damage immediately upon delivery. Any damage must be reported to the supplier within 24 hours.
Article 21 Dispute resolution and applicable law
21.1 Dutch law applies exclusively to any agreement between WATT E-MOBILITY and the consumer. All disputes arising in connection with the agreement to which these general terms and conditions apply, including disputes concerning its existence and validity, will be settled by the competent court of the Breda District Court.

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