Terms and Conditions CarpCam

Article 1. Definitions
1.1. In these general terms and conditions, the following terms are used with the following meanings, unless expressly stated otherwise or the context shows otherwise:
a. CarpCam: the user of these general terms and conditions: CarpCam, located at de Marke 3m, Dieren, registered with the Chamber of Commerce under number 71170863;
b. Agreement: the agreement between CarpCam and the customer;
c. Customer: the natural person or legal entity who enters into an agreement with CarpCam;
d. Company: the customer is a legal entity or natural person acting in the context of their profession or business;
e. Consumer: the customer being a natural person who is not acting in the context of their profession or business;
f. Distributor: the company appointed by CarpCam as distributor;
g. Website: the website www.CarpCam.eu, which is managed by CarpCam and where the products can be ordered.

Article 2. General
2.1 These general terms and conditions apply to every agreement between CarpCam and the customer.
2.2 Deviations from these general terms and conditions are only valid if expressly agreed upon in writing or by e-mail.
2.3 The applicability of any purchasing or other conditions of the company is expressly rejected.
2.4 If one or more of the provisions in these general terms and conditions are void or annulled, the other provisions remain fully applicable. The void or voided provisions will be replaced by CarpCam, taking into account the purpose and intent of the original provision(s) as much as possible.

Article 3. Offer
3.1 CarpCam's offer is without obligation.
3.2 Obvious mistakes or errors, such as typographical errors, on the website, social media, or in quotations, agreements, publications, and e-mail messages do not bind CarpCam.
3.3 Offers do not automatically apply to future orders.

Article 4. Prices and Shipping Costs
4.1 The prices for the products stated on the website include 21% VAT and exclude shipping costs.
4.2 CarpCam has the right to adjust its prices from time to time.
4.3 The amount of the shipping costs will be communicated to the customer before or upon conclusion of the agreement.

Article 5. Payment
5.1 If the customer has ordered a CarpCam camera, they must pay 50% of the invoice amount in advance. After CarpCam has received the down payment, the building of the CarpCam will start. The customer must pay the remaining 50% of the invoice amount by bank transfer before picking up the camera from CarpCam or before it is shipped.

Article 6. Delivery
6.1 The order placed via the website will be sent by CarpCam to the address specified by the customer.
6.2 A CarpCam ordered by the distributor will be sent by registered and insured mail to the address specified by the distributor.

Article 7. Delivery Time
7.1 All delivery times indicated by CarpCam have been determined to the best of its knowledge and will be observed as much as possible. A stated delivery period can never be regarded as a strict deadline.
7.2 If CarpCam cannot deliver the product within 30 days after the order has been placed via the website, CarpCam will inform the customer by e-mail, and the consumer will then have the right to terminate the agreement free of charge. If the consumer terminates the agreement, CarpCam will refund any amounts already paid within 14 days after termination.
7.3 Article 7.2 does not apply when ordering a CarpCam camera. The camera is handmade, so a longer delivery period than 30 days is often agreed upon with the customer.

Article 8. Right of Withdrawal for the Consumer
8.1 If the order has been placed via the website, the consumer has the right to terminate the agreement for 14 days without giving reasons. This period starts from the moment the consumer has received the entire order from CarpCam. The consumer will be informed of the right of withdrawal via email before delivery or in writing upon delivery of the ordered products.
8.2 During the withdrawal period as described in Article 8.1, the consumer will handle the product and packaging with care. The consumer will only unpack and use the product to the extent necessary to assess whether they wish to keep the product.
8.3 If the consumer wishes to exercise their right of withdrawal, they must expressly inform CarpCam of this within 14 days of receipt of the entire order. The consumer will be provided with the “Model Withdrawal Form” that they can use if they wish to terminate the agreement.
8.4 After the consumer has invoked their right of withdrawal, they must return the product to CarpCam within 14 days, provided it is undamaged and unchanged and, if reasonably possible, in the original packaging.
8.5 The consumer can also, without first informing CarpCam that they are invoking their right of withdrawal, return the product to CarpCam within the withdrawal period as described in Article 8.1. In such a case, the consumer must complete the “Model Withdrawal Form” or another unambiguous statement showing that they are invoking their right of withdrawal to be included with the return shipment.
8.6 If the consumer informs CarpCam electronically that they are invoking their right of withdrawal, CarpCam will send the consumer a confirmation of receipt after receiving this notification.
8.7 If the returned product is damaged or shows signs of wear, this damage will be deducted from the amount that CarpCam refunds to the consumer in accordance with Article 8.10.
8.8 If the consumer terminates the agreement in accordance with this article, the shipping costs associated with returning the product will be borne by the consumer.
8.9 The risk of returns rests with the consumer. The consumer must provide sufficient postage for the return shipment.
8.10 In the event of a termination as described in this article, CarpCam will refund any monies already paid (purchase price + shipping costs for sending the order) within 14 days after the consumer has invoked their right of withdrawal and CarpCam has received the product back. If the consumer retains part of the order, the shipping costs will not be returned to the consumer.

Article 9. Exclusion of Right of Withdrawal
9.1 The right of withdrawal as described in Article 8 expressly does not apply:
a. to a product ordered via the website and built to the customer's specifications, such as CarpCam
b. for the company that ordered a product via the website.

Article 10. Obligation of the Customer
10.1 The customer is obliged to use the delivered product only as follows from the instructions given and/or supplied and the technical specifications.

Article 11. Warranty
11.1 The delivered CarpCam has a warranty of 24 months.
11.2 The warranty on the cameras is 24 months.
11.3 Supplied batteries are provided with a warranty that is equal to the warranty provided by the manufacturer. This warranty is 24 months.
11.4 The manufacturer's warranty applies to the other delivered products and the warranty never extends beyond the warranty given by the manufacturer or supplier on the product.
11.5 The invoice is the guarantee certificate.
11.6 The customer must give CarpCam the opportunity to investigate the warranty claim. The fact that CarpCam investigates a warranty claim does not imply that CarpCam accepts the warranty claim.
11.7 If the product shows a defect within the warranty period and the warranty claim is accepted by CarpCam, CarpCam will repair the product.
11.8 Repairing (parts of) the product does not extend the warranty period.
11.9 If, when investigating the warranty claim or a complaint, it appears that one of the situations below applies, the warranty claim will be rejected, or the complaint will not be processed further:
a. Defects are the result of improper use, incorrect maintenance or cleaning, careless use, or poor storage conditions of the product, such as, but not limited to, storing the camera without allowing it to evaporate (stored covered/wet), unnecessarily charging or discharging a battery too often, using the wrong charger to charge a battery, and rough handling of the product causing visible damage;
b. Work and/or (construction) changes and/or repairs have been carried out on the product by the customer and/or a third party without the prior written or electronic permission of CarpCam. In this context, third party does not include the distributor, provided that the distributor has acted in accordance with CarpCam's guidelines;
c. The damage was caused by the user of the product or by a third party (destruction);
d. The product has not been used in accordance with the given and/or supplied instructions and/or the technical specifications;
e. The product has not been used for the purpose for which it is intended;
f. Defects are caused by external circumstances such as fire, natural disasters, explosions, cleaning agents, dirt accumulation, etc.
11.10 To repair the product and/or replace a part, the customer must deliver or send the product to CarpCam.
11.11 The customer can only invoke the warranty after they have fulfilled all their payment obligations to CarpCam.
11.12 If the customer is not entitled to rely on the warranty and/or the warranty claim is rejected, and CarpCam has carried out repair work on the product on behalf of the customer and/or supplied one or more replacement parts, the costs for this repair work and/or the replacement parts will be charged to the customer.

Article 12. Liability and Limitation Period
12.1 The colors visible on the customer's screen may differ from the colors of the product. CarpCam is not liable for such color deviations.
12.2 CarpCam is not liable for damage of any nature whatsoever because CarpCam relied on incorrect and/or incomplete information provided by the customer.
12.3 CarpCam is not liable for damage to or caused by the product, for example, due to incorrect or incompetent use or use of the product contrary to the instructions for use or the instructions given.
12.4 CarpCam is not liable for damage if the customer or a third party has made adjustments or (construction) changes to the product.
12.5 Under no circumstances is CarpCam liable for damage caused by the delivered product being used for a purpose other than that for which it was intended.
12.6 CarpCam is not liable for damage, such as physical injury, material damage, or damage to third parties, as a result of using the product. The use of the product is entirely at your own risk.
12.7 CarpCam is never obliged to pay compensation as a result of consequential damage. In any case, consequential damage is considered to be lost turnover, lost profit, missed savings, production damage, business damage, business interruption, stagnation damage, delay damage, reputational damage, labor costs, environmental damage, imposed fines, and indirect damage, regardless of their origin.
12.8 If CarpCam is liable for any damage, CarpCam's liability is limited to the amount of the payment made by CarpCam's insurer. If the insurer does not pay out or the damage is not covered by the insurance, CarpCam's liability is limited, insofar as this is not contrary to any mandatory legal provision, to the invoice amount, or at least to that part of the agreement to which the liability relates.
12.9 The limitations of liability included in this article do not apply if the damage is due to intent or deliberate recklessness on the part of CarpCam.
12.10 Rights of claim expire after 1 year, with the understanding that a limitation period of 2 years applies to the consumer.

Article 13. Contact and Complaints
13.1 For questions about the order or submitting a complaint, the customer can contact CarpCam. CarpCam can be reached:
a. via the e-mail address info@carpcam.nl;
b. via telephone number 026-2001223.
13.2 For a question and/or complaint submitted by e-mail that cannot be answered immediately, a confirmation of receipt will be sent to the customer stating the period within which the customer can expect a response.
13.3 Complaints submitted to CarpCam will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, CarpCam will respond within 14 days with an acknowledgment of receipt and an indication of when the customer can expect a more detailed answer.

Article 14. Applicable Law and Competent Court
14.1 Dutch law applies to the agreement between CarpCam and the customer.
14.2 All disputes relating to agreements between the customer and CarpCam will be submitted to the competent court in the district where CarpCam is located. The consumer has 1 month after CarpCam has invoked this clause in writing to the consumer to choose the legally competent court to settle the dispute.