These terms apply to orders, delivery, installation and services from IP Camera Installatie.
Contents
- 1. Definitions
- 2. Identity of the trader
- 3. Applicability
- 4. The offer
- 5. The agreement
- 6. Right of withdrawal
- 7. Costs of withdrawal
- 8. Exclusions from the right of withdrawal
- 9. Prices
- 10. Conformity and warranty
- 11. Delivery and performance
- 12. Continuing agreements
- 13. Payment
- 14. Disputes
- 15. Additional provisions for installation and service
- 16. Cameras per month
1. Definitions
Cooling-off period: the period during which a consumer may exercise the right of withdrawal.
Consumer: a natural person acting outside their trade or profession who enters into a distance contract with the trader.
Day: calendar day.
Continuing agreement: a distance contract for a series of products or services delivered or received over time.
Durable medium: any means enabling a consumer or trader to store personally addressed information for later consultation and unchanged reproduction.
Right of withdrawal: the consumer’s option to withdraw from a distance contract during the cooling-off period.
Model form: the withdrawal form made available by the trader when a consumer wishes to exercise the right of withdrawal.
Trader: the natural or legal person offering products or services to consumers at a distance.
Distance contract: an agreement concluded exclusively through one or more means of distance communication up to and including its conclusion.
Means of distance communication: a means of concluding an agreement without the consumer and trader being present in the same place at the same time.
Terms and conditions: these general terms and conditions of the trader.
2. Identity of the trader
IP Camera Installatie BV, Stekkenbergweg 3B, 1105AH Amsterdam.
Phone: 085 - 02 12 771. Email: info@ipcamerainstallatie.com. Dutch Chamber of Commerce number: 78664675. VAT identification number: NL.86.14.88.453.B01.
3. Applicability
These terms and conditions apply to every offer by the trader and every distance contract and order between the trader and a consumer.
Before a distance contract is concluded, these terms are made available to the consumer. If this is not reasonably possible, we explain where they can be viewed and provide them free of charge on request.
For electronic contracts, these terms are provided electronically so the consumer can easily store them on a durable medium.
If specific product or service terms also apply, the consumer may rely on the provision most favourable to them in the event of a conflict.
If one or more provisions are wholly or partly invalid or void, the agreement and the remaining terms remain in force.
Situations not covered by these terms are assessed in their spirit.
Uncertainties about the interpretation or content of provisions are also interpreted in the spirit of these terms.
4. The offer
If an offer is valid for a limited period or subject to conditions, we state this clearly. Offers are non-binding; the trader may change them.
The offer describes the products and services fully and accurately. Obvious mistakes or errors in an offer do not bind the trader.
Images, specifications and information are indicative. The trader cannot guarantee that displayed colours exactly match the actual products.
Each offer states, among other things, the price including taxes, any shipping costs, how the agreement is concluded, whether the right of withdrawal applies, the payment method, delivery and performance.
Where relevant, the offer also states the acceptance period, price guarantee period, any charges for distance communication, contract archiving, how supplied data can be checked and corrected, available languages, codes of conduct and the minimum term of a continuing agreement.
5. The agreement
The agreement is concluded when the consumer accepts the offer and meets its conditions.
If the consumer accepts electronically, the trader promptly confirms receipt electronically. Until receipt is confirmed, the consumer may dissolve the agreement.
For electronic agreements, the trader takes appropriate technical and organisational measures to secure data transfer and provide a safe online environment.
Within legal limits, the trader may check whether the consumer can meet payment obligations and may refuse an order or request with reasons or make it subject to special conditions.
With the product or service, the trader provides information on the address for complaints, withdrawal conditions and procedure, warranties and post-purchase service, offer details and any cancellation requirements.
For a continuing agreement, this information obligation applies to the first delivery.
Every agreement is subject to sufficient availability of the products concerned.
6. Right of withdrawal
For products, a consumer may withdraw from the agreement without giving a reason within 14 days. This period begins the day after receiving the product.
The product must be handled carefully and, where reasonably possible, returned complete, in its original condition and packaging. The consumer must be able to show that the return was sent on time.
The consumer must tell us within 14 days of receipt that they wish to withdraw, for example using the model form or by email. The product must then be returned within 14 days.
If the consumer does not notify us or return the product within these periods, the purchase becomes final.
For services, the cooling-off period is at least 14 days from conclusion of the agreement. The consumer follows the reasonable, clear instructions given in the offer or at delivery at the latest.
If the consumer expressly asks for a service to begin during the cooling-off period and withdraws in time, they may owe only a proportionate amount for the part already performed. The right of withdrawal ends only after full performance if the consumer expressly consented to the start in advance and acknowledged that the right would end after full performance.
7. Costs of withdrawal
The consumer pays the direct cost of returning a product unless we state otherwise.
We refund payments received within 14 days of withdrawal, provided we have received the product or conclusive proof that it was returned. We use the same payment method unless agreed otherwise.
If careless handling damages a product, the consumer is responsible for any reduction in value.
The consumer is not responsible for a reduction in value if the trader failed to provide all legally required information about the right of withdrawal before the purchase agreement was concluded.
Reasonable costs for services already performed at the consumer’s express request are charged only as far as the law allows and if these consequences were clearly explained before the agreement.
8. Exclusions from the right of withdrawal
The trader may exclude the right of withdrawal only if this was clearly stated in the offer or in good time before the agreement was concluded.
Exclusion may apply to products made to the consumer’s specifications, clearly personal products, products that by their nature cannot be returned, products that spoil or become outdated quickly, products priced according to financial market fluctuations, individual newspapers and magazines, audio or video recordings or software with broken seals, and hygiene products with broken seals.
For services, exclusion may apply to accommodation, transport, restaurant services or leisure activities on a specific date or within a specific period, where performance began with express consent before the cooling-off period ended, and to betting and lotteries.
For a system including installation, we ask when scheduling for express consent to install during the cooling-off period, with acknowledgement that the right of withdrawal for that service ends once it is fully performed. The right of withdrawal for delivered equipment continues as long as it has not been installed. Parts that cannot be removed after installation without damaging the home or product fall under the exclusion for goods that by their nature cannot be returned.
9. Prices
All prices are in euros and include VAT. We do not raise prices during an offer’s validity period unless a legal rule, such as a VAT change, requires it.
For products or services tied to financial market fluctuations, the trader may offer variable prices. The offer states this connection and any indicative prices.
Price increases within three months of the agreement are permitted only when required by laws or regulations.
Price increases after three months are permitted only where agreed, required by laws or regulations, or where the consumer may cancel from the day the increase takes effect.
All prices are subject to printing, typesetting and entry errors. We are not obliged to supply at a clearly incorrect price.
10. Conformity and warranty
We ensure that products and services meet the agreement, stated specifications and reasonable standards of quality and usability.
A warranty provided by the trader, manufacturer or importer does not affect the consumer’s statutory rights and claims.
Defects or incorrectly delivered products must be reported in writing within two months of delivery. Returns should be in original packaging and as new where reasonably possible.
In the Netherlands, the statutory warranty has no fixed term and lasts as long as a consumer may reasonably expect the product to work properly. A manufacturer’s or commercial warranty never limits these statutory rights.
Warranty does not apply where the consumer repaired or altered products themselves, had a third party do so, exposed products to abnormal conditions, handled them carelessly or contrary to instructions, or where a defect results from government regulations.
11. Delivery and performance
The trader takes the greatest possible care in receiving and fulfilling orders and requests for services.
The delivery address is the address supplied by the consumer.
Accepted orders are fulfilled promptly and within 30 days at the latest unless the consumer agreed to a longer delivery period. If delivery is delayed or only partly fulfilled, the consumer is informed within 30 days and may dissolve the agreement without cost.
All delivery periods are indicative. They do not create enforceable rights, and exceeding them does not entitle the consumer to compensation.
On dissolution, we refund payments received as soon as possible and within 14 days at the latest.
If an ordered product cannot be delivered, we will try to offer a replacement. We clearly state by the time of delivery that a replacement is supplied. The trader pays return costs for replacement products.
The risk of damage to or loss of products remains with us until delivery to the consumer or a designated representative.
12. Continuing agreements
A consumer may cancel an indefinite agreement for regular delivery of products or services at any time, subject to the agreed cancellation rules and a notice period of no more than one month.
A consumer may cancel a fixed-term agreement for regular delivery of products or services at the end of its fixed term, with a notice period of no more than one month.
Cancellation may not be restricted to a specific time or period, must be possible at least by the same means used to conclude the agreement and must have the same notice period as the trader applies to itself.
A fixed-term agreement for regular delivery of products or services may not be silently renewed for another fixed term except where the law permits it.
Silent renewal for an indefinite term is allowed only if the consumer can cancel at any time with no more than one month’s notice, or no more than three months’ notice for newspapers and magazines delivered less than monthly.
A trial or introductory subscription does not continue silently and ends automatically after its term.
If an agreement lasts longer than a year, the consumer may cancel after one year with no more than one month’s notice unless reasonableness and fairness prevent this.
13. Payment
Unless agreed otherwise, amounts due must be paid within seven working days after the cooling-off period begins. For services, this period starts after the consumer receives confirmation of the agreement.
The consumer must promptly report errors in payment details. In the event of non-payment, we may charge reasonable costs disclosed in advance within legal limits.
14. Disputes
Agreements with IP Camera Installatie BV are governed exclusively by Dutch law, even if the consumer lives abroad.
The United Nations Convention on Contracts for the International Sale of Goods does not apply.
15. Additional provisions for installation and service
All quotations are non-binding unless expressly stated otherwise. If information supplied by the customer proves incorrect, IP Camera Installatie may adjust prices.
After payment by the customer and signature of our work orders, the customer accepts our general terms and conditions.
Installed systems are subject to the statutory rules for withdrawal, conformity and services. Only an applicable statutory exception can restrict the right of withdrawal; we explain this clearly before the agreement. Statutory warranty rights for delivered products remain fully in force.
Changes to the order, whether requested by the customer or required by a different method of performance, are treated as additional or reduced work and invoiced accordingly.
For second-hand or trade-in products, consumers retain statutory warranty rights, taking account of the disclosed condition, age and reasonable expectations for the specific product.
IP Camera Installatie gives no warranty on software repair or installation, virus damage, computer settings or similar causes.
Malfunctions caused by lack of knowledge, incorrect settings or installation work are not covered by warranty. We charge €29.50 per half hour for service.
Investigation, shipping, repair or replacement under a valid statutory warranty claim is free of charge. Outside statutory or commercial warranty, we charge investigation fees only if clearly agreed in advance.
Delivered goods remain the property of IP Camera Installatie BV until paid in full. If obligations are not met, we may dissolve agreements and repossess goods within legal limits.
If the customer does not meet obligations under the agreement or these terms, IP Camera Installatie may dissolve the agreements concerned without notice of default or court intervention.
16. Cameras per month
The Cameras per month subscription for consumers has an initial fixed term of 12 months. It then continues indefinitely and the consumer may cancel at any time with no more than one month’s notice.
Prices shown before ordering exclude VAT for business customers and include VAT for consumers.
Recurring subscription fees are collected under a continuing SEPA mandate given by the customer. The customer is informed of the amount and collection date in advance. Under the standard European direct debit scheme, a debit may be refunded through the customer’s bank within eight weeks.
Cameras and related equipment installed under the Cameras per month package remain the property of IP Camera Installatie BV during the agreement. The customer handles the equipment carefully and provides reasonable access for necessary maintenance, repair or replacement.
Ongoing service for the equipment is provided during the agreement. Equipment that fails under normal use is repaired or replaced free of charge. Damage caused by misuse, deliberate action or unauthorised changes is excluded.
After the subscription ends, IP Camera Installatie will arrange a time with the customer to collect the equipment.