General terms and conditions Rovary B.V. t.h.o.d.n. and ChargeBlock – version December 2023

1. Definitions

In these terms and conditions, the following definitions shall apply:

 

General Terms and Conditions: these general terms and conditions;

 

ChargeBlock: Rovary B.V. also trading as ChargeBlock, having its registered office at (3045 AP) Rotterdam, Rotterdam Airportplein 29, registered in the Trade Register of the Chamber of Commerce under number 87065924,

 

email address: info@chargeblock.nl
website: www.chargeblock.nl
VAT number: NL864193476B01;

 

Consumer: the Customer being a natural person not acting in the exercise of a profession or business;

Service(s): work performed or commissioned by ChargeBlock, usually in conjunction with or in response to one or more of its Products, for example but not limited to: assembly, installation and/or maintenance;

Customer: the person with whom ChargeBlock has entered into an agreement;

Agreement means any agreement, written or oral, made between ChargeBlock and Customer;

Product(s): the products provided by ChargeBlock, as included in the Agreement;

Pre-inspection: an inspection by or on behalf of ChargeBlock of the place of performance of the Service(s) to assess the suitability thereof before actually proceeding to do so.

 

2. Applicability

   • These Terms and Conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of ChargeBlock.
   • Third parties engaged by ChargeBlock in the performance of the Agreement may also rely on these General Terms and Conditions to the exclusion of Article 6:254 of the Dutch Civil Code.
   • Deviations from these Terms and Conditions are only valid to the extent that they have been expressly agreed upon in writing and the deviation in question does not violate any laws and/or regulations.
   • General terms and conditions of the Customer are expressly rejected.
   • In the event that, in addition to these general terms and conditions, specific product or service terms and conditions also apply (for example, from suppliers or installers) and there are conflicting general terms and conditions, the Customer may always rely on the applicable provision that is most favorable to him.
   • To the extent that one or more provisions in the Agreement or General Terms and Conditions are at any time void or destroyed in whole or in part, the validity of the remaining provisions shall not be affected. In that case, the invalid provision will be replaced by mutual agreement as soon as possible, in accordance with the purpose and purport of the Agreement or General Terms and Conditions, and in such a way that the new provision is of the same purport as the invalid provision.

3. Offer and Agreement

   • Any offer, whether in the form of a quotation or otherwise, is without obligation and valid for up to 2 weeks, unless otherwise indicated in writing by ChargeBlock.
   • The Agreement comes into effect when the Customer has accepted the offer electronically. ChargeBlock promptly acknowledges receipt of acceptance of the offer.
   • In the case of Services to be performed by or on behalf of ChargeBlock, a Pre-inspection shall be conducted prior to performance thereof at the Customer’s expense.
   • In the case of Services to be performed by or on behalf of ChargeBlock, whether or not in combination with the purchase of Product(s) by the Customer, there may be a price on the basis of stage work (hourly rates, unit prices of required materials, storage, etc.) or contract price (fixed price). The offer may also include line items. Prices included are broken down with VAT.
   • All information provided by ChargeBlock, including non-limiting, yields, weight, dimensions, quotations, illustrations, colors, yields, payback periods, materials and/or other indications of the Products and/or Services, is without obligation. No rights can be derived from this data. A deviation from this shall not result in a failure of performance by ChargeBlock. Neither are obvious mistakes and/or obvious (spelling) errors. Information and/or advice provided by ChargeBlock in response to (incorrect) information provided by the Customer shall never lead to a failure to perform by ChargeBlock. ChargeBlock is further free to use other materials at its discretion.
   • An Agreement is established after the Customer accepts the offer and ChargeBlock confirms it in writing or ChargeBlock, or a third party on behalf of ChargeBlock, commences performance thereof.
   • An Agreement for the provision of Services, whether or not in combination with the Customer’s purchase of Product(s), is established under the resolutive conditions that:
     1. Customer has answered all questions truthfully, does not withhold any information and provides ChargeBlock with information required for the performance of the Agreement;
     2. the designated location where the Services are to be performed is suitable for performing the Agreement, unless the parties agree that making the designated location suitable is also the subject of the Agreement;
   • Each Agreement is entered into under the condition precedent of sufficient availability of the relevant Products.
   • If the Agreement (also) extends to the performance of Service(s), it is entered into under the suspensive condition that it follows from the Preliminary Inspection that performance of the Agreement is deemed possible.
   • ChargeBlock is entitled to engage third parties in the performance of the Agreement, or to have an Agreement performed by a third party.
   • If the Customer consists of several (legal) persons, they are each jointly and severally liable for the obligations under the Agreement and these General Terms and Conditions.

 

4. Revocation

   • A Consumer may rescind the Agreement during a 14-day cooling-off period without giving reasons. The cooling-off period begins on the day after the Product is delivered or the day after the Agreement relating to the Service is concluded.
   • During the reflection period, the Consumer will handle the Product and its packaging with care. He shall unpack or use the Product only to the extent necessary to determine its nature, characteristics and operation. The premise here is that the Consumer may only handle and inspect the product as he would be permitted to do in a retail store.
   • If the Consumer wishes to exercise his right of withdrawal, he is obliged to make this known to ChargeBlock within the withdrawal period, using the model form(Appendix). The Consumer shall then return the Product with all delivered accessories in its original condition and packaging to ChargeBlock within 14 days, in accordance with the instructions provided by ChargeBlock.
   • Costs for exercising the right of withdrawal, such as for return shipping, shall be borne by the Consumer, unless otherwise agreed in writing.
   • Upon receipt of returned Product(s), ChargeBlock aims to refund the purchase price within 14 days, provided Product(s) are in undamaged condition.
   • The Consumer is only liable for the depreciation of the Product(s) resulting from their use beyond what is necessary to establish the nature, characteristics and functioning of the goods.
   • The right of withdrawal is excluded for Products and/or Services:
     1. which have been brought about by the entrepreneur in accordance with the Consumer’s specifications;
     2. that are clearly personal in nature.
   • If ChargeBlock and the Consumer agree that the delivery of Service(s) will take place before the cooling-off period has expired, the Consumer expressly waives his right of withdrawal.

 

5. Prices and payment

   • The price of Product(s) and Service(s), as well as the Pre-inspection, are included in ChargeBlock’s offer and set forth in the Agreement.
   • Circumstances may arise in the performance of Services that ChargeBlock could not anticipate in advance. If ChargeBlock considers that additional work is involved, such Services will be performed and charged to the Customer, after consultation with the Customer.
   • In case of an increase in cost-determining components after the conclusion of the Agreement, ChargeBlock has the right to increase the agreed price. Adjusted prices are communicated to the Customer as soon as possible, at which time the Customer has the right to terminate the Agreement on that basis.
   • All prices are subject to printing errors. No liability is accepted for the consequences of this. ChargeBlock is then not obliged to deliver the product according to the incorrect price.
   • The Customer is obliged to report inaccuracies in provided or stated (payment) data to ChargeBlock without delay.
   • Unless otherwise specified in the Agreement, payment must be made within 14 days of receipt of the invoice. ChargeBlock may require a deposit before proceeding to execute the Agreement.
   • If payment is not made, the Customer is legally in default and owes statutory (commercial) interest on the outstanding amount. All judicial and extrajudicial (collection) costs related to the collection of the claim shall be borne by the Customer. These (collection) costs are due without further notice.
   • ChargeBlock is entitled to suspend fulfillment of its obligations under the Agreement until the Customer has fulfilled all its (due) obligations under the Agreement and the General Terms and Conditions. This is without prejudice to the exercise of other rights to which ChargeBlock is entitled under the law or the Agreement and Terms and Conditions.
   • Without ChargeBlock’s written consent, Customer shall not be entitled to suspend and/or set off any payment obligation(s) to ChargeBlock. Reliance on warranty, complaints and/or other claims shall not suspend the Customer’s payment obligation(s).
   • Regardless of the outcome of the Pre-inspection, Customer shall be obligated to pay the cost thereof to ChargeBlock unless otherwise agreed in writing.

 

6. Implementation Agreement

   • ChargeBlock shall perform the Agreement to the best of its ability.
   • Prior to commencement of the Service(s), Customer shall, at its own expense and risk:
     1. ensuring that the designated location is free of obstacles and clean;
     2. arrange any necessary permits;
     3. That the Customer has working Internet at the location;
     4. electricity is present at the site;
     5. make other arrangements to the extent reasonably necessary for the performance of the Service(s);
   • If no or inadequate action has been taken on the previous paragraph, a new appointment will be made for performance of the Services, which will be charged to the Customer as additional work. ChargeBlock is also entitled to make necessary adjustments to the site and charge the Customer as additional work.
   • ChargeBlock and the Customer jointly schedule a time for the performance of the Services.
   • ChargeBlock shall not be liable for any damage suffered by the Customer as a result of not being able to perform the Agreement (within the deadline). ChargeBlock is not liable to the Customer for compensation for days off taken, lost profits or other (in)direct damages.
   • If an appointment to perform the Service(s) or Pre-inspection cannot take place, a new appointment will be scheduled by mutual agreement. If the Customer cancels within 48 hours before the scheduled appointment to perform the Services, ChargeBlock is entitled to charge for additional work.
   • If interim changes in the performance of the Agreement become necessary, whether or not at the request of the Customer, ChargeBlock will make the necessary adjustments on behalf of the Customer, whereby ChargeBlock is entitled to charge for additional work.
   • All ChargeBlock services are performed on a best-efforts basis, unless expressly and unambiguously agreed otherwise. This also applies insofar as a plan of action/timeline/delivery time has been agreed upon. The terms included are expressly not deadlines.
   • The Customer will not (attempt to) hack ChargeBlock’s software and is not entitled to reproduce, copy, duplicate or resell (parts of) the software without ChargeBlock’s permission.
   • ChargeBlock reserves the right to put servers or software temporarily out of service for the purpose of maintenance, modification or improvement of ChargeBlock’s (computer) systems, without being liable for any compensation to the Customer as a result. In the event of a failure, ChargeBlock shall also not be liable.

 

7. Delivery

   • ChargeBlock shall arrange for the delivery of Product(s) and Service(s).
   • The risk of depreciation or loss of the Product(s), whether or not a Service is associated with them, passes at the time the Product(s) are in the Customer’s control.
   • The place of delivery shall be the address provided by the Customer to ChargeBlock.
   • ChargeBlock will perform the Agreement with due diligence. If the delivery and / or implementation is delayed or if an order is not or only partially carried out, the consumer receives notice of this no later than 30 days after the order was placed. ChargeBlock is not liable for damages due to a delay.
   • If delivery of ordered Product(s) proves to be impossible, ChargeBlock will endeavor – to the extent possible – to make available a replacement item.

 

8. Retention of title

   • The Products delivered by ChargeBlock remain the property of ChargeBlock until the Customer has fulfilled all its obligations, including payment obligations, under the Agreement and General Terms and Conditions. The Customer is not permitted to dispose of, encumber or give these goods in use to third parties. The Customer is liable for any damage to the Product from the date of delivery.

 

9. Warranty

   • Customer accepts that Product(s) are sold and/or processed with all known, unknown, visible and invisible, factual and legal defects, burdens and limitations.
   • ChargeBlock only provides warranty on its Product(s) in accordance with the warranty terms of its supplier and as included in the Agreement. ChargeBlock makes no warranties for Service(s) provided.
   • The warranty granted applies only in the event of correct and careful use of the Product(s) supplied.
   • The warranty period commences from the time the Product is delivered.
   • The Customer’s claims under the warranty shall lapse if:
     1. Damages and/or defects/defects to the Product(s) have occurred due to overdue maintenance, (normal) wear and tear, neglect, improper use and/or actions by the Customer (whether knowingly or unknowingly);
     2. damages and/or defects/defects to the Product(s) caused by third parties;
     3. there is discoloration of Product(s), in the case of a home battery;
     4. there is damage and/or defects/defects to the Product(s) and/or parts supplied by third parties;
     5. damages and/or defects/defects caused by external factors including, but not limited to, fire, overload, short circuit, defects on/failure of electrical grid, water, meter box defects, lightning strikes, vandalism, theft, damage by animals and/or humans, careless use, abnormal testing and contact with chemical substances;
     6. damages and/or defects/defects to the Product(s) caused by the Customer’s failure to comply with its obligations under the Agreement and these General Terms and Conditions.
   • If the Customer successfully invokes the warranty (in a timely manner), the Customer is entitled to repair or replacement, unless otherwise included in the Agreement. This warranty expires if the ChargeBlock supplier can no longer provide it. The cost of replacing the Product(s) is not covered by this warranty. ChargeBlock is entitled to refund the price, if appropriate.
   • ChargeBlock is entitled to supply a comparable Product/material in case of replacement or repair (of parts), without being in default and/or liable for damages.

10. Complaints & liability

    • The Customer is obliged to check each (delivery) within 48 hours afterwards.
    • The Customer is responsible for reporting a complaint, defect, deficiency, damage and/or claim of warranty(s). A report in this regard must be made in writing and as soon as possible, but no later than 8 days after the observation, clearly described and accompanied by evidence, to ChargeBlock, under penalty of forfeiture.
    • ChargeBlock shall not be liable for any damage suffered by the Customer as a result of the Service(s) provided or the use of Product(s), except as warranted.
    • ChargeBlock is not liable for damage in the performance of the Service(s), such as the (de)assembly of Product(s). ChargeBlock is not required to restore (to original condition) walls or other items (including discoloration) damaged by assembly/disassembly/use.
    • ChargeBlock is not liable for damage caused by the Customer’s failure to fulfill any obligations it has to ChargeBlock, including in any case the obligations arising from the Agreement and these General Terms and Conditions, or damage caused by the Customer providing (or having provided) incorrect information.
    • ChargeBlock is not liable for damages resulting from improper use of Product(s), such as, but not limited to, overuse of the Product(s).
    • All liability is limited to amounts ChargeBlock is entitled to under its insurance policy.
    • ChargeBlock shall never be liable for lost revenue/profit and/or business losses.
    • ChargeBlock is not liable for consequences in tax and/or energy legislation, as a result of which the revenues, or the savings from the Product(s) for the Customer become lower than at the time of the formation of the Agreement.
    • ChargeBlock shall never be liable in the event of a force majeure situation and as a result the obligations under the Agreement cannot be fulfilled. In such case, ChargeBlock is entitled to suspend performance of the Agreement for the duration of the force majeure or to terminate the Agreement in whole or in part, without ChargeBlock being obliged to pay any compensation. Force majeure shall mean: any circumstance independent of the will of ChargeBlock – even if already foreseeable at the time of the conclusion of the Agreement – which permanently or temporarily prevents or makes performance of the Agreement difficult.
    • ChargeBlock may, without judicial intervention, suspend the performance of the Agreement or terminate the Agreement in whole or in part, without being liable for compensation, if the Customer does not (properly) or does not properly or in a timely manner fulfill any obligation under the Agreement and/or these General Terms and Conditions.

 

11. Privacy

    • For the purpose of executing the Agreement, ChargeBlock processes personal data. ChargeBlock’s privacy policy can be found on its website.
    • The Customer authorizes ChargeBlock to share its data with third parties involved in the performance of the Agreement.

 

12. Intellectual property

    • All information provided by ChargeBlock, including information in offers, quotations, designs, illustrations, drawings, etc. and related industrial and intellectual property rights or equivalent rights (including copyrights, patent rights, etc.) and know-how are the property of ChargeBlock.
    • It is forbidden, without written permission from ChargeBlock, to copy in any way, in whole or in part, the property rights referred to in the preceding paragraph, make them available to third parties or make them available for inspection and/or communicate their contents to third parties.

 

13. Other provisions

    • ChargeBlock is entitled to amend and/or supplement the General Terms and Conditions (unilaterally) at any time it chooses, provided that the amendment takes effect if the Customer has accepted it. If ChargeBlock is required to make any governmental changes to the Agreement, you hereby consent to such changes to the Agreement.
    • ChargeBlock is authorized to assign its rights and obligations under this Agreement to a third party.
    • In all cases where the relationship between ChargeBlock and the Customer terminates, pursuant to any provision of these General Terms and Conditions or through the intervention of the courts, these General Terms and Conditions shall remain in effect.
    • All legal relations between ChargeBlock and the Customer are governed by Dutch law.
    • Disputes between ChargeBlock and the Customer shall be submitted exclusively to the competent court in the district of The Hague. In the case of a Consumer, he shall be granted a period of one month to submit the dispute for settlement by the court competent under the law.

 

Appendix 1

Model Rescission/Revocation Consumer
Model cancellation/revocation form
Complete and return this form only if you wish to rescind/revoke the Agreement.

 

To:
ChargeBlock B.V.
Rotterdam Airportplein 29, 3045AP, Rotterdam, Netherlands
support@ChargeBlock.com
Chamber of Commerce number 87065924
VAT number NL864193476B01

 

Ordered on (*)/Received on (*)
Name/Names Consumer-Customer(s).
Address Consumer-Consumer(s).
Signature of Consumer-customer(s).
Date

(*) Delete what does not apply.