Terms en Conditions

Definitions In these general terms and conditions, the following words have the meaning stated therein, unless the context shows the opposite: General terms and conditions means these general terms and conditions. Day means calendar day. thesmartphone.eu B.V. means the company thesmartphone.eu B.V., established at Schieland 18, in Beverwijk and registered in the Trade Register of the Chamber of Commerce under number 85808490. Customer means any legal or natural person, acting in the exercise of his profession or business, who enters into or wants to enter into an agreement with thesmartphone.eu B.V.. Website means the website of thesmartphone.eu B.V., being www.thesmartphone.eu.

Applicability 1. These general terms and conditions apply to all offers, quotations, agreements and all resulting commitments with the customer made by thesmartphone.eu B.V. Insofar as the customer (also) orders other products or services to which special general terms and conditions apply, these are also declared applicable to the agreement between the customer and thesmartphone.eu B.V. 2. If the customer declares or refers to his own general terms and conditions to an agreement with thesmartphone.eu B.V., those general terms and conditions will not be accepted by thesmartphone.eu B.V. and the general terms and conditions of thesmartphone.eu B.V. shall prevail, unless expressly agreed otherwise at an earlier stage. 3. The general terms and conditions have been communicated to the customer in advance and can always be consulted via the website and can also be downloaded there as a PDF- file. The terms and conditions will be sent free of charge on request. 4. Everything stipulated in these general terms and conditions and in any further agreements for the smartphone.eu B.V. is also stipulated for the benefit of third parties engaged by thesmartphone.eu B.V. 5. These general terms and conditions do not apply to offers to and agreements with natural persons who do not act in the exercise of a profession or business.

Offers/quotes 1. All offers/quotes from thesmartphone.eu B.V. are without obligation and can always be revoked by it, even if they contain a period of acceptance. Offers/quotes can also be revoked in writing by thesmartphone.eu B.V. within seven days of receipt of acceptance, in which case no agreement has been reached between the parties. 2. Offers/quotes can only be accepted in writing (including General Terms and Conditions 1 including acceptance by fax or by electronic means). thesmartphone.eu B.V. is nevertheless entitled to accept an oral acceptance as if it had been done in writing. If the customer places an order on the smartphone.eu B.V. website, this order is final the moment the customer presses the order button or receives an order confirmation by email. The moment the customer receives a confirmation by email from thesmartphone.eu B.V., a binding agreement is concluded between the parties. 3. Data included in advertising material in the broadest sense of the word, such as catalogs, price lists, leaflets, third-party websites, etc., are never binding for thesmartphone.eu B.V. 4. Unless otherwise stated, express and written agreements, statements of measurements, weights and other data are as reliable estimates as possible.

Price 1. All prices used by thesmartphone.eu B.V. are based on the price-determining factors known at the time of the offer/offer. 2. Unless expressly agreed otherwise in writing, the prices indicated by thesmartphone.eu B.V. always exclude VAT and exclude shipping costs. 3. thesmartphone.eu B.V. is entitled to adjust the prices or parts thereof for goods or services not yet delivered and/or not paid for to any changes in price-determining factors, such as raw material prices, wages, taxes, production costs, currency exchange rates and the like. 4. thesmartphone.eu B.V. is always authorized to adjust the prices without delay if a legal price determining factor gives rise to this.

Payment 1. thesmartphone.eu B.V. is entitled at all times to demand security from the customer for the correct and timely fulfillment of his payment obligations. 2. If the delivery is made in parts, each part can be invoiced separately by thesmartphone.eu B.V., unless otherwise agreed in writing with the customer. 3. Payment must be made within 14 days of the invoice date. 4. In the event of default in payment, thesmartphone.eu B.V. is entitled to suspend or dissolve the execution of the agreement and all related agreements. 5. All payments must be made to a bank account number to be designated by thesmartphone.eu B.V. in the Netherlands. 6. Payments made by the customer are always aimed at settlement of all interest and costs due and then of due invoices that are open the longest, even if the customer mentions that the payment relates to a later invoice. 7. The customer waives any right to settlement of amounts due back and forth. Settlement by the customer is not allowed. 8. The making of payments by the customer to thesmartphone.eu B.V. by electronic means, including via the internet and by credit cards, is at the risk of the customer. thesmartphone.eu B.V. is not liable for damage caused by the customer or the result of payments by electronic means, via the internet or by means of General Terms and Conditions 2 credit cards. Providing credit card information by the customer to thesmartphone.eu B.V. via the internet or otherwise is at the customer's own risk. 9. thesmartphone.eu B.V. reserves the right to use a deposit of 50 to 100% with newly registered companies.

Accounts and registration 1. The consumer can create an account or otherwise register on the website. thesmartphone.eu B.V. reserves the right to refuse an application for such registration or to cancel the registration, for example after detection of irregularities. 2. The login details are strictly personal and may not be made available to third parties. The consumer is responsible for the use of his login data, even if this happens without his knowledge. 3. The consumer will immediately notify thesmartphone.eu B.V. if he suspects that his login details are known to a third party or that irregularities otherwise occur. 4. The consumer is not allowed to request or manage more than one account. Furthermore, the consumer is not allowed to (re) request or manage an account after thesmartphone.eu B.V. has refused the consumer's request for an account or terminated a consumer account after registration.

Delivery 1. The place of delivery applies in all cases - unless otherwise stated in writing - the actual or the place of business of business specified by the customer at the time of order of the customer or his establishment with which was contracted. 2. The statement of delivery terms in offers/quotes, confirmations and/or contracts is made to the best of our knowledge and these will be observed as much as possible, but they can never be considered as a fatal term. 3. The customer undertakes to enable thesmartphone.eu B.V. to make the delivery. 4. The customer guarantees for his own account and risk that: a. thesmartphone.eu B.V. is provided with the necessary cooperation to perform the performance; b. the ordered goods or services are taken; and c. the delivery under normal working conditions, during normal working hours from 08.00-18.00 can take place. 5. If the ordered goods or services have been offered to the customer for delivery, but delivery has not been shown to be possible on the basis of the fact that the customer has not fulfilled one of the obligations referred to in paragraphs 3 and 4 above, acceptance is deemed to have been refused. From this moment on, the customer is automatically in default without further notice of default by thesmartphone.eu B.V. being required. The day on which refusal of acceptance takes place is deemed to be the delivery date of the ordered goods or services. The things are also at the customer's risk from this moment on, in accordance with the article 'Risk- transition' in these general terms and conditions. 6. Without prejudice to the obligation to pay, the customer is obliged in the case referred to in paragraph 5 to reimburse thesmartphone.eu B.V. as a result of the refusal General Terms and Conditions 3 damage, including the incurring of costs for storage and transport, the latter costs are related to the usual rates on the spot.

Risk transition Regardless of what has been agreed between thesmartphone.eu B.V. and the customer regarding transport and insurance costs, the business at the smartphone.eu B.V.'s risk will continue to be signed by the customer's bills of letters, signature of letters and/or packing lists or by actual delivery in the actual delivery power of the customer or of the customer's power of delivery.

Retention of title 1. The ownership of the goods delivered to the customer by thesmartphone.eu B.V. only passes to the customer if he has satisfied everything that thesmartphone.eu B.V. may have or receive to claim by virtue of all agreements with the customer and services or work performed in that context. 2. Notwithstanding the provisions of paragraph 1, the customer is authorized to use the items he has received from thesmartphone.eu B.V. in the context of his normal business. 3. The customer is never authorized to object, pledge, transfer for security and/or to give (or loan) and/or out of hands goods delivered under retention of title in any way. Nor is the customer entitled to make any change to the case. 4. If the customer is in default with the performance of his obligations, thesmartphone.eu B.V. is entitled to (have) the goods belonging to it recovered from the place where they are located at the expense of the customer.

Advertisements 1. The customer must check with or without delay after delivery whether the goods delivered or the services provided comply with the agreement. 2. The customer cannot claim that goods delivered or services performed do not comply with the agreement, if he fails to investigate this or has not informed thesmartphone.eu B.V. of the defects in writing within the period mentioned below. 3. Visible defects must be reported in writing to thesmartphone.eu B.V. within five working days of delivery or after the provision of the relevant services. 4. Hidden defects must be reported in writing immediately after the customer has discovered them, but no later than two months after delivery of goods or service. 5. Claimed goods may only be returned to thesmartphone.eu B.V. with the express prior consent of thesmartphone.eu B.V.. Returns must be provided with the original packaging. In all cases, the return must be made according to the smartphone.eu B.V. instructions. thesmartphone.eu B.V. reserves the right to request that such items be sent to an address specified by it. 6. In the case of complaints well-founded and duly submitted in the opinion of thesmartphone.eu B.V. General Terms and Conditions 4, thesmartphone.eu B.V., at its discretion, taking into account the interests of the customer and the nature of the complaint, is obliged to either replace/exchange the goods provided or services rendered or to provide a price discount. 7. The right of advertising expires if the delivered good is no longer in the same condition in which it was delivered. 8. Claims about invoices must be submitted in writing within five working days of the date of dispatch of the invoice.

Liability 1. If one of the parties fails to comply with one or more of its obligation(s) under the agreement, the other party will therefore default on it, unless compliance with the relevant obligation(s) is already permanently impossible, in which case the negligence is immediately in default. The notice of default will be made in writing, whereby the insuing party will be granted a reasonable period of time to still meet its obligations. This term has the character of a fatal term. The liability of thesmartphone.eu B.V. to the customer for direct damage in the event of failure, timely or improper performance is limited to the net invoice value of the relevant items or services, but up to a maximum amount of € 100. 2. The limitation referred to in paragraph 1 also applies if thesmartphone.eu B.V. is held liable by the customer for reasons other than the agreement concluded between them. 3. Direct damage is understood only to mean: a. reasonable costs that a party would have to have a performance of the other party comply with the agreement. However, this damage will not be compensated if that other party has dissolved the agreement; b. incurred reasonable costs to determine the cause and extent of the damage to the extent that the determination relates to direct damage within the meaning of the general terms and conditions; and/or c. incurred reasonable costs to prevent or limit damage to the extent that the damage-committing party demonstrates that these costs have led to a limitation of direct damage within the meaning of these terms and conditions. 4. thesmartphone.eu B.V. is never liable for indirect damage, including consequential damage, lost profit, missed savings, damage due to business stagnation and all damage that is not covered by the direct damage within the meaning of these general terms and conditions. 5. The limitation of liability does not apply if there is intent or gross negligence on the part of directors and executives of thesmartphone.eu B.V.. 6. thesmartphone.eu B.V. is never liable for the materials made available by the customer to thesmartphone.eu B.V. in connection with the agreement. The customer undertakes to take out adequate insurance for these materials. 7. Without prejudice to the above, thesmartphone.eu B.V. is not liable if the damage is due to intent and/or gross negligence and/or culpable action or improper or improper use of the delivered goods by the customer.

Indemnification 1. The customer indemnifies thesmartphone.eu B.V. to the extent permitted by law, with regard to the General Terms and Conditions 5 liability to one or more third parties, which arose from and/or related to the execution of the agreement, regardless of whether the damage was caused or caused by thesmartphone.eu B.V. or by its auxiliary person(s), auxiliary matters or (delivered) goods or services. In addition, the customer indemnifies thesmartphone.eu B.V., to the extent permitted by law, from all claims by third parties in connection with any infringement of intellectual property rights of these third parties. 2. The customer shall ensure adequate insurance with regard to the risks referred to above. 3. The customer is always obliged to do everything in the effort to limit the damage.

Force Majeure and unforeseen circumstances 1. If performance by thesmartphone.eu B.V. or purchase by the customer is delayed by force majeure for more than one month, each of the parties - excluding further rights - is entitled to dissolve the agreement in accordance with the law. What has already been fulfilled or performed under the agreement will then be settled pro rata between the parties. 2. Force majeure by thesmartphone.eu B.V. is understood in any case to mean: a. the fact that thesmartphone.eu B.V. does not, not, not be delivered in time or properly, in time or improperly a performance of the customer's performance (including a performance by the customer) that is carried out; b. strikes; d. government measures that prevent thesmartphone.eu B. B.V. from fulfilling its obligations in a timely or proper manner; e. riots, riot, war; f. extreme weather conditions; g. fire; and/or h. in-, out and/or. 3. If there are unforeseen circumstances that are of such a nature that the customer cannot reasonably and fairly expect the smartphone.eu B.V. to comply, the court may terminate the agreement in whole or in part at the request of one of the parties.

Retention right thesmartphone.eu B.V. is authorized to keep all matters that thesmartphone.eu B.V. of the customer has before it until the customer has fulfilled all his obligations to thesmartphone.eu B.V., with which the matters in question are directly or sufficiently related. If things that fall under this right fall out of the power of thesmartphone.eu B.V., then thesmartphone.eu B.V. is entitled to claim these items, as if it were the owner herself.

Dissolution 1. Each of the parties has, in the cases described below and to the extent granted below, the right to terminate the agreement without further notice of default and judicial intervention, in whole or in part, with immediate effect: a. when the other party has requested suspension of payment or General Terms and Conditions 6 obtained or the other party has been declared bankrupt; b. when the other party's company is voluntarily or involuntarily liquidated; c. when the other party's enterprise merges or is taken over; d. when a significant part of the assets of the other party is seized; and/or e. when other circumstances arise in which a reasonable continuation of the agreement cannot be required. 2. Each of the parties shall have the power to dissolve the agreement only if the other party - after a proper and as detailed as possible written notice of default with a proposal for a reasonable period for the purification of the default, is attributable in the performance of essential obligations under the agreement and provided that such failure justifies the dissolution. 3. If the agreement is terminated, the claims of thesmartphone.eu B.V. on the customer are immediately due. If thesmartphone.eu B.V. suspends the fulfillment of the obligations, it retains its claims under the law and agreement. 4. thesmartphone.eu B.V. always reserves the right to claim damages.

Intellectual property 1. thesmartphone.eu B.V. guarantees that the goods it has delivered as such do not infringe Dutch patent rights, model rights or other industrial or intellectual property rights of third parties. 2. If, nevertheless, must be recognized by thesmartphone.eu B.V. or is determined by a Dutch court in a lawsuit in a decision that is no longer subject to appeal, that any case delivered by thesmartphone.eu B.V. does infringe the rights of third parties as referred to here, thesmartphone.eu B.V. will, at its discretion, after consultation with the customer, replace the case in question with a case that does not infringe the right in question or acquire a license right in the matter, or take back the case in question against reimbursement of the price paid for it, less the normal depreciation, without being subject to further compensation to be. 3. However, the customer loses the right to the services referred to in paragraph 2 if he has not informed thesmartphone.eu B.V. as such in a timely and complete manner about claims of third parties as referred to in this article, as a result of which thesmartphone.eu B.V. has also not been able to properly defend its rights in this regard.

Transfer The customer is not allowed to transfer rights and obligations arising from the agreement to third parties without the written permission of thesmartphone.eu B.V.

Privacy and security 1. thesmartphone.eu B.V. respects the privacy of the customer. thesmartphone.eu B.V. treats and processes all personal data provided to it in accordance with applicable legislation, in particular the General Data Protection Regulation. The customer agrees to this processing. To protect the customer's personal data, General Terms and Conditions 7 thesmartphone.eu B.V. uses appropriate security measures. 2. For more information about privacy, refer to the website of thesmartphone.eu B.V..

Other 1. Any deviations from these general terms and conditions can only be agreed in writing. No rights can be derived from such derogations with regard to later legal relationships entered into. 2. The administration of thesmartphone.eu B.V. is, subject to proof to the contrary, as proof of the requests and/or orders made by the customer. The customer acknowledges that electronic communication can serve as evidence. 3. If and to the extent that any provision of the general terms and conditions is declared void or destroyed, the remaining provisions of these general terms and conditions shall remain in force without prejudice. the smartphone.eu B.V. will then adopt a new provision to replace the void/destired provision, whereby the scope of the void/dennified provision will be observed as far as possible. 4. The place of performance of the agreement is deemed to be the place where thesmartphone.eu B.V. is located.

Applicable law and forum choice 1. All disputes between thesmartphone.eu B.V. and the customer, which may arise as a result of an agreement concluded by thesmartphone.eu B.V. with the customer, or of agreements resulting therefrom, will, unless thesmartphone.eu B.V. and the customer have agreed otherwise in writing in this regard, will initially be settled by the competent court in the place of establishment or the district of thesmartphone.eu B.V.. 2. Agreements, and all resulting non-contractual obligations, between thesmartphone.eu B.V. and the customer to whom these general terms and conditions relate, are exclusively subject to Dutch law. The 1980 Sale of the Sale of thes of the Wes of the Sale of the West is expressly excluded. Terms and Conditions 8