Article 1 – Definitions
In these terms and conditions, the following terms shall have the following meanings:
Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
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;
Day: calendar day;
Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to cancel the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: an agreement whereby, within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
Technique for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur being together in the same room at the same time.
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
Company name: Online Services Guanaco
Chamber of Commerce number: 81625960
Trade name: DockCharger (US) / iCharge (EU)
VAT number: NL003584804B07
Customer service email: info@ichargingdocks.com
Company address: Nico Jessekade 33, 1087MG, Amsterdam
Article 3 – Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order concluded 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 that the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the consumer's request.
If the distance contract is concluded electronically, in deviation from 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 the consumer can easily store them on a durable data carrier. 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 electronically and that they will be sent free of charge electronically or otherwise at the consumer's request.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly and the consumer can always rely on the applicable provision that is most favourable to them in the event of conflicting general terms and conditions.
If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the agreement and these conditions will otherwise remain in force and the provision in question will be replaced without delay by mutual agreement with a provision that approximates the purport of the original as closely as possible.
Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
Any ambiguities regarding the interpretation or content of one or more provisions of our conditions must be interpreted 'in the spirit' of these general terms and conditions.
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 is without obligation. The entrepreneur is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the colours displayed correspond exactly to the real colours of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer. This includes:
the price, excluding customs clearance costs and import VAT. These additional costs will be at the expense and risk of the customer. The postal and/or courier service will apply the special arrangement for postal and courier services with respect to import. This arrangement applies if the goods are imported into the EU destination country, which is the case in this instance. The postal and/or courier service collects VAT (with or without the charged customs clearance costs) from the recipient of the goods;
any shipping costs;
the manner in which the agreement will be concluded and the actions required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery, and execution of the agreement;
the period for accepting the offer or the period within which the entrepreneur guarantees the price;
the level of the rate for distance communication if the costs for using the technology for distance communication are calculated on a basis other than the regular basic rate for the means of communication used; whether the agreement is archived after it has been concluded, and if so, how the consumer can consult it;
the way in which the consumer can check the data provided by them in the context of the agreement before concluding the agreement and, if necessary, rectify it;
any other languages in which the agreement can be concluded, in addition to Dutch;
the codes of conduct to which the entrepreneur has submitted 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 a long-term transaction.
Optional: available sizes, colours, and types of materials.
Article 5 – The agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set therein.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement.
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 secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures for this purpose.
The entrepreneur can – within legal frameworks – inform themselves about whether the consumer can meet their payment obligations, as well as all facts and factors that are important for responsibly entering into the distance contract. If the entrepreneur has good reasons not to enter into the agreement based on this investigation, they are entitled to refuse an order or request with reasons or to attach special conditions to the execution.
The entrepreneur will send the following information to the consumer with the product or service, in writing or in a way that allows the consumer to store it on a durable data carrier:
- the address of the entrepreneur's establishment where the consumer can go with complaints;
- 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 guarantees and existing after-sales service;
- the data included in article 4 paragraph 3 of these conditions, 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.
In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
Each agreement is entered into under the suspensive condition of sufficient availability of the products in question.
Article 6 – Right of withdrawal
When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 14 days. This cooling-off period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
During the cooling-off 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 the product. If they exercise the right of withdrawal, they 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.
If the consumer wishes to exercise the right of withdrawal, they are obliged to notify the entrepreneur within 14 days of receipt of the product. The consumer must make this known by means of a written message/email. After the consumer has indicated that they wish to exercise the right of withdrawal, they must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.
If the customer has not indicated that they wish to exercise the right of withdrawal after the expiry of the periods mentioned in paragraphs 2 and 3 or has not returned the product to the entrepreneur, the purchase is a fact.
Article 7 – Costs in case of withdrawal
If the consumer exercises their right of withdrawal, the costs for returning the products are borne by the consumer.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. The condition is that the product has already been received by the webshop or conclusive proof of complete return can be provided.
Article 8 – Exclusion of the right of withdrawal
The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
- that have been created by the entrepreneur in accordance with the consumer's specifications;
- that are clearly personal in nature;
- that cannot be returned due to their nature;
- that can spoil or age quickly;
- whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
- for individual newspapers and magazines;
- for audio and video recordings and computer software of which the consumer has broken the seal;
- for hygiene products of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services: - relating to accommodation, transport, restaurant services, or leisure activities to be performed on a specific date or during a specific period;
- the delivery of which has begun with the consumer's express consent before the cooling-off period has expired;
- concerning bets and lotteries.
Article 9 – The price
During the validity period 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.
Notwithstanding the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This subjection to fluctuations and the fact that any stated prices are target prices are stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
- they result from statutory regulations or provisions; or
- the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
The place of delivery is, pursuant to article 5, paragraph 1, of the Turnover Tax Act 1968, in the country where the transport commences. In the present case, this delivery takes place outside the EU. Subsequently, the postal or courier service will collect import VAT or customs clearance costs from the customer. Therefore, the entrepreneur will not charge VAT.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 – Conformity 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 the statutory provisions and/or government regulations in force on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims that the consumer can assert against the entrepreneur based on the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. The products must be returned in the original packaging and in new condition.
The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the final suitability of the products for each 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 processed the delivered products themselves or had them repaired and/or processed by third parties;
The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the instructions of the entrepreneur and/or treated on the packaging;
The defect is wholly or partly the result of regulations that the government has introduced or will introduce 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 orders for products.
The place of delivery is the address that the consumer has provided to the company.
Subject to the provisions of article 4 of these general terms and conditions, the company will execute accepted orders with due speed but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without cost and is entitled to any compensation.
In the event of termination 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 14 days after termination.
If the delivery of an ordered product proves impossible, the entrepreneur will make every effort to provide a replacement item. At the latest upon delivery, it will be clearly and understandably stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative previously designated by the consumer and made known to the entrepreneur, unless otherwise expressly agreed.
Article 12 – Duration transactions: duration, termination, and extension
Termination
The consumer may terminate an agreement entered into for an indefinite period that extends to the regular delivery of products (including electricity) or services, at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate an agreement entered into for a definite period that extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed period, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements referred to in the previous paragraphs:
at any time and not be limited to termination at a specific time or during a specific period;
at least terminate in the same manner as they were entered into by them;
always terminate with the same notice period as the entrepreneur has stipulated for themselves.
Extension
A contract entered into for a fixed period that extends to the regular delivery of products (including electricity) or services cannot be tacitly extended or renewed for a fixed period.
Notwithstanding the previous paragraph, a contract entered into for a fixed period that extends to the regular delivery of daily newspapers, weekly newspapers, and magazines may be tacitly extended for a fixed period of up to three months if the consumer can terminate this extended contract at the end of the extension with a notice period of no more than one month.
A contract entered into for a fixed period and intended for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month, and a notice period of no more than three months if the contract concerns regular, but less than once a month, delivery of daily newspapers, weekly newspapers, and magazines.
A limited-term contract for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly renewed 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 at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement.
The consumer has the duty to report any inaccuracies in the payment details provided or stated to the entrepreneur without delay.
In the event of non-payment by the consumer, the entrepreneur has the right, subject to statutory restrictions, to charge the reasonable costs that were made known to the consumer in advance.
Article 14 – Complaints procedure
Complaints about the performance of the agreement must be submitted to the entrepreneur within 7 days, fully and clearly described, after the consumer has discovered the defects.
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 respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing.
If the entrepreneur finds that a complaint is justified, they will, at their discretion, either replace or repair the delivered products free of charge.
Article 15 – Disputes
Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. This also applies if the consumer resides abroad.
Article 16 – CESOP
Due to the measures introduced and tightened as of 2024 regarding the “Amendment to the Turnover Tax Act 1968 (Payment Service Providers Directive Implementation Act)” and thus the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may register data in the European CESOP system.