Article 1 – Definitions

In these terms and conditions:

Reflection period: the period within which the consumer can make use of his 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 Accu-Swap
Product: a new device/part or raw material that is supplied as a commodity without further processing.
Refurbished product: a used device, part or raw material that is made available to Accu-Swap by the consumer, whereby Accu-Swap uses a combination of materials and services to realize an improved functioning of the used device.
Day: calendar day;
Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that prevents future
consultation and unaltered reproduction of the stored information.
Right of withdrawal: the option for the consumer to waive 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 agreement: an agreement whereby, within the framework of a system organized by Accu-Swap for the distance sale of products and/or services, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the agreement ;
Technique for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur coming together in the same room at the same time.
General Terms and Conditions: the present General Terms and Conditions of Accu-Swap

Article 2 – Identity of the entrepreneur

Company name: Accu-Swap

Neerloopweg 17, 4814RS Breda

Telephone number: +31 (0) 765 33 93 05 (available from Mon-Fri: 08:30-17:30)

E-mail address: info@accu-swap.nl

KVK Number: 53025199

Website: www.accu-swap.nl

VAT identification number: NL850713092B01

Article 3 – Applicability

These general terms and conditions apply to every offer from Accu-Swap and to every distance contract concluded and orders between entrepreneur and consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer in digital form. The general terms and conditions can be viewed at Accu-Swap and will be sent free of charge as soon as possible at the request of the consumer.
If the distance contract is concluded electronically, contrary to 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 can be easily stored 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 free of charge at the request of the consumer electronically or otherwise.
In the event that specific product or service conditions 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 that is most favorable to him in the event of conflicting general terms and conditions. is.
If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are nullified, the agreement and these terms and conditions will otherwise remain in effect and the provision in question will be immediately replaced in mutual consultation by a provision that has the purport of 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.
Uncertainties about the explanation or content of one or more provisions of our terms and conditions must be explained ‘in the spirit’ of these general terms and conditions.

Article 4 – The offer

If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.

The offer is without obligation. Accu-Swap 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 a proper assessment of the offer by the consumer. If Accu-Swap uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind Accu-Swap.
All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Images accompanying products are a true representation of the products offered. Entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
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 it
special:
the price including taxes;
any shipping costs;
the way in which the agreement will be concluded and which actions are required for this;
the method of payment, delivery and performance of the agreement.

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 corresponding conditions.
If the consumer has accepted the offer electronically, Accu-Swap will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by Accu-Swap, the consumer can terminate the agreement.
If the agreement is concluded electronically, Accu-Swap will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer can pay electronically, Accu-Swap will observe appropriate security measures.
Accu-Swap can – within legal frameworks – inform itself 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, Accu-Swap has good reasons not to enter into the agreement, it is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
Accu-Swap 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 address of the Accu-Swap branch where the consumer can go with complaints;
the conditions under which and the manner in which the consumer of the right of withdrawal
can make use of, or a clear statement regarding the exclusion of the right of withdrawal;
the information about warranties and existing after-sales service;
Every agreement is entered into under the conditions precedent of sufficient availability of the relevant products.

Article 6 – Right of withdrawal

Upon delivery of products:

When purchasing products, the consumer has the option of dissolving the contract without giving reasons during 14 days. This cooling-off period starts 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 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 Accu-Swap, in accordance with the reasonable and clear instructions provided by Accu-Swap.
If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to Accu-Swap within 14 days after receipt of the product. The consumer must make this known by means of the model form. After the consumer has indicated that he wishes to make use of his right of withdrawal, the customer 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 dispatch.
If the customer has not made it known after the expiry of the periods referred to in paragraphs 2 and 3 that he wishes to make use of his right of withdrawal resp. has not returned the product to Accu-Swap, the purchase is a fact.
Upon delivery of refurbished products:

To make use of his right of withdrawal, the consumer will refer to the information provided by Accu-Swap with the offer and/or at the latest with the delivery: “To exercise the right of withdrawal, you must inform us (Accu-Swap B.V.) via a unambiguous statement (e.g. in writing by post, fax or e-mail) of your decision to withdraw from the contract.

To comply with the withdrawal period, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. You can also electronically complete and send the model withdrawal form or another clearly formulated statement via our website www.accu-swap.nl. If you make use of this option, we will immediately send you a confirmation of receipt of your revocation on a durable data carrier (e.g. by e-mail).

The consumer/you have no right of withdrawal from an agreement to provide services, after fulfillment of the agreement, if the fulfillment has started with the express prior consent of the consumer; and the consumer has declared that he waives his right of withdrawal as soon as the

trader has fulfilled the contract.

Article 7 – Costs in case of withdrawal

If the consumer makes use of his right of withdrawal, the costs of return will be borne at most.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after cancellation. The condition is that the product has already been received back by the web retailer or that conclusive proof of complete return can be submitted.

Article 8 – The price

The prices stated in the offer of products or services include VAT.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, Accu-Swap is not obliged to deliver the product according to the incorrect price.

Article 9 – Conformity and Warranty

Accu-Swap guarantees that the products and/or services comply with the agreement, the specifications stated in the offer and the statutory provisions and/or government regulations existing on the date of the conclusion of the agreement.

Any defects or incorrectly delivered products must be reported to Accu-Swap in writing within 4 weeks after delivery. Return of the products must be in the original packaging and in new condition.
The warranty period for new products supplied by Accu-Swap corresponds to the manufacturer’s warranty period. However, Accu-Swap is never responsible for the ultimate 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 period for refurbished products is 2 years unless otherwise agreed in writing.
The warranty does not apply if:
The consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal circumstances such as water damage or otherwise careless handling or are contrary to the instructions of Accu-Swap and/or have been treated on the packaging;
The defect is wholly or partly the result of regulations that the government has set or will set with regard to the nature or quality of the materials used.

Article 10 – Delivery and performance

Accu-Swap will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.

The place of delivery is the address that the consumer has made known to the company.
With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously, but no later than within 14 days, unless the consumer has agreed to a longer delivery period. 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 14 days after he has placed the order.
All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.
In the event of dissolution in accordance with paragraph 3 of this article, Accu-Swap will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves to be impossible, Accu-Swap will endeavor to make a replacement item available.
The risk of damage and/or loss of products rests with Accu-Swap until the moment of delivery to the consumer or a representative designated in advance and made known to Accu-Swap, unless expressly agreed otherwise.
The risk of damage and/or loss of products offered for revision by the consumer lies with the consumer until the moment of delivery to Accu-Swap, unless expressly agreed otherwise.
During revision there is a risk that the condition of the product may deteriorate during the investigation and/or repair. This risk is for the consumer and in no way for Accu-Swap. The consumer should only offer products for revision/repair with defects or excessive degradation (a condition that is not sufficient for the consumer). Accu-Swap will not charge any costs in such situations and will return the product free of charge.

Article 11 – 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 as referred to in Article 6 paragraph 1. In the case of an agreement to provide a revision service, this period commences after the consumer has received confirmation of the agreement.
The consumer is obliged to immediately report any inaccuracies in payment details provided or stated to Accu-Swap.
In the event of non-payment by the consumer, Accu-Swap has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 12 – Complaints procedure

Accu-Swap has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

Complaints about the performance of the agreement must be submitted fully and clearly described to Accu-Swap within 7 days after the consumer has discovered the defects.
Complaints submitted to Accu-Swap will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Accu-Swap will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.
In the event of complaints, a consumer must first turn to Accu-Swap. In the event of complaints that cannot be resolved in mutual consultation, the consumer must turn to Stichting Geschil Online (www.geschilonline.com) to have the Dispute handled, the decision of which is binding and both entrepreneur and consumer agree with this binding decision . There are costs associated with submitting a dispute to this disputes committee, which must be paid by the consumer to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend Accu-Swap’s obligations, unless Accu-Swap indicates otherwise in writing.
If a complaint is found to be justified by Accu-Swap, Accu-Swap will, at its option, replace or repair the delivered products free of charge.

Article 13 – Disputes

Only Dutch law applies to agreements between Accu-Swap and the consumer to which these general terms and conditions apply. Even if the consumer lives abroad.

Article 14 – Additional or deviating provisions

Additional or deviating provisions 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.

Model withdrawal form Model withdrawal form (only complete and return this form if you wish to withdraw from the contract)

To: [name of entrepreneur] [geographical address of entrepreneur] [fax number of entrepreneur, if available] [e-mail address or electronic address of entrepreneur]
I/We* share(s)* hereby inform you that I/we* our agreement regarding the sale of the following products:

* the supply of the following digital content: [digital content designation]* the provision of the next service: [designation service], revoked/revoked
Ordered on/received on [date of order for services or receipt for products]
[Name of consumer(s)]
[Address consumer(s)]
[Signature consumer(s)] (only if this form is submitted on paper)