Content

1. Definitions
2. General & Application
3. Offers and establishment of agreements
4. Prices
5. Payment
6. Delivery
7. Risk transfer
8. Cooling Period
9. Omission / dissolution
10. Technical requirements
11. Guarantee
12. Research, advertising
13. Retention of
14. Debt Costs
15. Intellectual property and copyright
16. Liability
17. Force majeure
18. Arbitration service
19. Governing Law

1. Definitions

1.1. In these Terms and Conditions ThisiPod, established in Haarlem at the Leidsevaart 594 2014 HT, as registered ThisiPod with the Chamber of Commerce under registration number: 34115451 to Zaandam.

1.2. Sale Conditions: these Terms and Conditions and any Additional Terms.

1.3. Buyer: any natural or legal person related with ThisiPod into a contractual relationship, under a purchase agreement signed with us or any other agreement, and any natural or legal person with us; a sale or other agreement is to be stated. The buyer shall be the particular person to whose order, and on whose behalf the products are delivered.

1.4. Customer: every ThisiPod customer (read customer).

1.5. Written contact: contact letter by mail, fax and contact by e-mail.

1.6. Oral contact means any form of verbal contact (eg. also phone).

1.7. Webshop System: software that runs the ThisiPod where the customer data to / from the database can be executed / retrieved.

1.8. Proforma invoice: unofficial model bill that you should pay as agreed. With the delivery you receive the actual invoice for your records.

1.9. Products and / or Offer includes the provision of services and activities of any kind.

1.10. Message: Any of this notification of ThisiPod to customers, including - but not limited to -, brochures, advertisements, catalogs, offers, order confirmations, price lists, invoices, EDI, E-mail, fax on demand, bulletin board, faxes and letters.

1.11. Order means any contract to the Buyer ThisiPod.

1.12. Documentation: This by or on behalf of ThisiPod made available documentation and manuals for products for use by Buyer

2. General & Application

2.1. The Sale Conditions apply to all products & offerings of ThisiPod and all ThisiPod agreements, either in writing, orally, by shop system or in any other way.

2.2. In addition to these Terms and Conditions, Additional Conditions may apply to certain services and / or products. If there are differences between the Additional Terms and Conditions of these differences exist then, in principle, those provisions of the Additional Conditions over the General Conditions, unless otherwise specified.

2.3. If the customer refers to general applicability of any specific conditions or terms of the customer, then ThisiPod will explicitly rejected, unless expressly per signed letter or fax is agreed by ThisiPod.

2.4. By using the internet site of ThisiPod and / or placing an order, the customer accepts these Terms and Conditions, the Additional conditions and all other rights and obligations as set out on the Internet site.

2.5. ThisiPod is empowered to make use of third parties in the implementation of an agreement with the customer.

2.6. This iPod reserves the right to change these Terms and Conditions and the content of the website to unilaterally amend or add to it.

2.7. If (a) provision (s) from this sale void Conditions have been destroyed or appear, the remaining provisions of these Terms of Buy remains. ThisiPod and the customer will then consult with each other in order to (a) new provision (s ) To replace the invalid or void provision (s) to be agreed, as far as possible the object and purpose of the invalid or void provision (s) is / are taken.

3. Offers and establishment of agreements

3.1. An offer or (price) doesn’t binds ThisiPod and and should only be used as an invitation to place an order, unless explicitly stated otherwise.

3.2. This agreement between ThisiPod and the customer is reached after the customer:

* An order is placed on the website of This iPod, with full and accurate completion of the necessary forms on the website ThisiPod;
* The customer then click on the 'confirm' icon on the website of ThisiPod, which by the Customer confirms that the Customer information is correct;
* the e-mail address of the customer has received a confirmation that ThisiPod has received the order of this customer (the acknowledgment + = e-mail a link to the proforma invoice);
* If the customer did not receive such acknowledgment, the Customer of ThisiPod can notify within 3 working days on the issue. The customer will then receive E-mail or mail a receipt yet.

3.3. The acknowledgment contains at least the following information:

* A description of the product purchased by the customer, and the number of products purchased by the customer;
* The price of the product and the total amount to be paid;
* All data related to pay;
* Customer information such as name, account number, home address, address where the product is sent to sites, billing address (if different from home address of the customer and / or delivery address) and e-mail address and telephone number of the customer;
* The number of the agreement;
* E-mail address and / or phone number of the ThisiPod department, where the customer with questions about the order could consult;

3.4. This iPod reserves the right without giving any reasons, orders or instructions not to accept or to accept only under the condition that the order by the customer is confirmed by letter.

3.5. Special offers are only valid for the duration as specified in the offerlist or while supplies last. This listing is printed in a brochure or be listed on the Internet site on which special offer. These periods always comply with each other. If such an indication of validity is lacking, then the offer is valid while stocks last

3.6. The administration of ThisiPod applies, subject to proof, if proof of the customer to ThisiPod provided assignments and payments made by ThisiPod delivery. ThisiPod recognizes that electronic communications may be used as evidence. By accepting the Terms of Buy it also recognizes the customer.

3.7. Information, graphics, communications oral or written statements and et cetera with respect to all offers and the main characteristics of the products are given as accurate as possible (again) or done. This iPod does not guarantee that all items and products with the full information et cetera are in line. Deviations in principle can not give rise to compensation and / or dissolution.

4. Prices

4.1. Unless expressly agreed in documents or otherwise, all prices listed in Products & Offers Messaging, such as catalogs, price lists and / or Proforma invoices ThisiPod, expressed in euros, are in line with the laws and this includes VAT. Unless otherwise expressly stated, shall the the cost of packing and shipping paid by the customer, as specified in the relevant information, and all other levies or taxes imposed or levied in respect of the Products, transport and payments, which are clearly specified for confirmation of Order.

4.2. Prices are based on the at the time of the conclusion of the Agreement for ThisiPod current conditions, including currency rates, freight rates and dealer prices. If these conditions after the conclusion of the Agreement but before the closure, for example by changing laws, the right iPod This has the resulting costs to customers. However, we will at all times consult with you, in order to ask you to verify the agreement to dissolve.

5. Payment

5.1. The customer is the person whose amount is owed by ThisiPod is formatted and listed on the Proforma invoice in accordance with Article 3.3 of this Sale Conditions shared with her co. Manifest (manipulation) errors in the quotation, as obvious errors, are not following the completion of the agreement by ThisiPod will be corrected, but only by price increases resulting from statutory provisions may, after the buyer in writing to indicate that these costs pass. When the customer wants the order (Proforma invoice) to modify and where within 24 hours by the customer after the conclusion of the Agreement ThisiPod has been notified, the previous agreement expires and a new agreement will be signed by the customer to a new order send.

5.2. All amounts charged by ThisiPod without discount or deduction should be met. The customer is not entitled to settle. The customer has no right to any commitment to suspend payments at ThisiPod.

6. Delivery

6.1. Unless otherwise agreed, delivery is at the stock of ThisiPod.

6.2. If ThisiPod for the implementation of the information or tools needed by the customer should be provided, the delivery period will never go on the day that all the necessary information or tools is in the possession of ThisiPod.

6.3. The customer is required to provide the items purchased to take with him at the moment it is available to him or to be made.

6.4. ThisiPod reserves the right to partially deliveries to the customer to proceed, so that an order in two or more items will be sent.

6.5. If ThisiPod needs the customer’s data in the context of implementation of the agreement, the delivery begins after to the customer if thi available for use for ThisiPod.

6.6. If ThisiPod indicated a deadline for delivery it is used as a guide. A specified delivery time is never a deadline. The final delivery, the delivery but never with more than a week crossing unless it is overdue or no stock of products. Where the customer has the power to ThisiPod agreement to dissolve this by writing to notify This iPod.

According to the Law buy at a distance, the maximum delivery is 30 days unless otherwise agreed. If the delivery is not feasible, ThisiPod will inform the buyer about this for accepting the agreement or to dissolve or a new delivery to be agreed. Already paid will be dissolved within 30 days will be refunded. This additional explanation of the law to buy at a distance.

The customer has the right of return within 7 days after delivery of the product. Without giving any reason a customer can return the product purchase price will be paid back. The cost to send the return of the product for the customer.

What are the conditions for the right of return.
The unopened product must be returned, seals and packaging must not be damaged or broken. The product should not be used and sold. The right of return does not apply to purchases made specially to order and are therefore tailor. Tailor falls outside this law. The right of return does not apply to a service that allows ThisiPod, with the consumer is started before the cooling-off period is passed. The purchase amount will be credited within 30 days.

6.7. Possibly in the context of previous article cited by the customer payments are made as soon as possible but in any case within thirty (30) business days after ThisiPod in Article 6.6 shall request to rescind the agreement has received the bank account of the buyer returned.

6.8. Customer - not in the capacity of consumers – is compelled during the delivery in receiving it. Failing this, the business expense and risk are for the buyer. ThisiPod will inform this customer as soon as possible for the time and place of it’s products and the customer will as soon as possible but no later than within 7 (seven) days after notification, receive it.

6.9. If customer doesn’t accept the delivery- not in the capacity of consumers – and didn’t inform us on time, he will without any notice in default. ThisiPod is in this case entitled to save or sell the Products on behalf of the customer to third party. The customer remains the sum, plus interest and costs including cancellation charges, but at a reduced where appropriate with the proceeds of the sale to that third party.

7. Risk transfer

7.1. The risk of loss or damage of the products subject of the agreement, goes on to the customer at a time when they are submitted to the customer legally and / or actually delivered and in the power of the customer or by the customer to designate a third party be brought. These risk scheme applies only if the sum of the order does not exceed EUR 11.000, -. Amounts are at higher risk to the customer at the time the order was issued to the carrier.

8. Cooling Period

Consumers have a right to a cooling-off period of 7 days after delivery of the product. They may return a product within that period, with only paying the postage for returning. The seller may have conditions on the return channel.
When the seller has financed the product, for example by providing a loan, the financing agreement is automatically terminated if the consumer uses the cooling-off period.
The product must be delivered no later than 30 days after to the consumer. When this doesn’t happen, consumers can dissolve the purchase immediately. This does not apply if the parties have agreed another delivery.
If the consumer product within the cooling-off period return, the seller is obliged within 30 days the amount paid to repay.

8.1


Depending on the state of the product will (or part of) the amount of your purchase returned. You will arrange for yourself the cost and risk of the return shipment.

If you break a contract, the amount (or part) that is listed on the invoice will be refunded within 14 days bye ThisiPod to the particular account which is indicated on the invoice. If you return a product you should include the bill, which has received your order.

The return of a product must be send to the address in Haarlem stated on the website and also on the bill.



8.2. For agreements with customers - only in the capacity of consumers - who have been established via the internet site or in any other manner which only use is made of electronic and / or telephone communication, is that this customer has the right without penalty and without Submissions that have a right to exercise within seven (7) business days after delivery of the product in question.

8.3. If the customer agreement pursuant to Article 8.1 of those intending to dissolve, the customer must notify ThisiPod in a document. The customer can only - after consultation with ThisiPod - send products back to ThisiPod fixed return address. The client is responsible in this case for the cost and risk.

8.4. If the customer already has made some payments at the time of the customer agreement with the ThisiPod under Article 8.1. and 8.2 of these Terms Buy has revoked ThisiPod will these payments within thirty (30) business days after the iPod This customer returned product has received to repay the customer after the minus sign in and thus fixed costs of returning the fee under the following conditions:

* Products are not purchased for professional / commercial use;
* Products which (the seal of) the package is opened and / or broken, are not reversed;
* It must be 100% delivered sales are decent. On whether the delivered may no modifications are made and delivered intact to be able to, all included documentation, guarantee certificates and packaging materials should be attached to the return shipment;
* The return will be complete by the 9th day after receipt of goods supplied by the customer back into the possession of his This iPod;
* The cost of postage and the risk of returning to the Buyer;

9. Omission/ dissolution

9.1. User has the power to fulfill their obligations to suspend or terminate the agreement if:

* The Buyer's obligations under the Agreement or not does not fully comply.
* After the conclusion of the user learns of circumstances giving good ground to fear that the customer will not fulfil his obligations. In case there is good reason to fear that the customer only partially or not will fulfill the suspension is only allowed as far as the shortcoming warrants.
* The customer at the conclusion of the agreement was requested security for the fulfillment of his obligations under the agreement and that this security or insufficient.

9.2. Furthermore, the user is authorized to (do) dissolve if circumstances arise of such a nature that fulfillment of the contract impossible or to standards of reasonableness and fairness can no longer be or if other circumstances arise of such nature that the natural conservation of the agreement can not reasonably be expected.

9.3. If the agreement is dissolved, the progress of user on the customer immediately due and payable. If the user fulfillment of the obligations deferrals, he retains his rights under the law and the agreement.

9.4. User always retains the right to claim damages.

10. Technical requirements

10.1. If the products to be delivered outside the Netherlands be used, ThisiPod is responsible for the supplies that meet the technical requirements or standards required by laws or provisions of the country where matters are to be used, if at the close the sale of the use abroad have been reported.

10.2. Also all other technical requirements for the buyer to be delivered to and different from the normal requirements, before the conclusion of the purchase by the buyer emphatically to be reported.

11. Guarantee

11.1. ThisiPod ensures that the sold products by its business are free from design, materials and manufacturing defects for a period of 3 months.
Not covered under warranty: battery packs and motors, they are acting as delivered.

11.2. ThisiPod provides the customer a written warranty. Failing this, the sales receipt as proof regarding the warranty.

11.3. If the business does not deliver to meet these guarantees, ThisiPod will try within a reasonable time after receipt thereof or, if return not reasonably practicable after written notification to the lack of respect by the customer, depending on the choice of ThisiPod to be replaced or ensured of recovery. In case of replacement, the customer has already decided to be replaced to be returned and the ownership there to provide to ThisiPod.

11.4. The latter said warranty does not apply when the defect is created as a result of improper or inappropriate use or when, without the written permission of ThisiPod, the customer or third parties have made changes or try to bring the case or have used for purposes which is not the case.
Under improper use will include, but not exclusively, means:

* Failure to follow the instructions and / or use instructions;
* The customer has tried to repair the defect;
* A more intensive use, not as a normal use by a customer can be identified;
* The dropping of their product.

11.5. Where the case does not correspond with what was agreed and this is not a lack of conformity within the meaning of the regulation of the product, then ThisiPod is not liable for the resulting damage caused.

11.6. The warranty expires in non-domestic use, professional use, sale or rental of the case.

11.7. Products which are subject to normal wear and tear are not covered under the guarantees.

12. Research, advertising

12.1. The customer has taken the delivered at the time of (af) delivery, but in any case within the shortest possible time to (do) investigations. It belongs to the customer or quality and quantity of goods delivered correspond with what is agreed, at least meets the requirements to them in the normal (commercial) traffic funds.

12.2. Any shortages must be notified within three days after delivery in writing to ThisiPod, this should be reported with simultaneous delivery of the guarantee Proof, unless this is impossible or unreasonably burdensome to.

12.3. In respect to non visible lack/shortages, the customer must within eight days after discovery, but no later than within the warranty to notify ThisiPod in compliance with the preceding paragraph of this Article. After the warranty period ThisiPod is entitled to claim all costs for repair or replacement, including administrative, shipping and wire charges.

12.4. Where under the preceding paragraph notified time, the customer required to purchase and payment of the items purchased. The customer wishes to return defective goods, than it is with the prior written consent of ThisiPod and manner specified by ThisiPod.

13. Retention of

13.1. The delivered items by ThisiPod remains the property of the ThisiPod until all of th buyers obligations under all agreements concluded with ThisiPod is fulfilled:

* The contribution (s) with respect to supply or deliver Case / business itself,
* Any claims for non-compliance by the purchaser of (a) purchase (s).

13.2. The property law consequences of an exported case to be governed by the law of the country of destination of the case, if this law is more favorable for ThisiPod, unless otherwise determined.

13.3. The delivered items by ThisiPod, permitted under paragraph 1 under the title are allowed only in the normal course of business be sold. Moreover, the buyer does not have jurisdiction to pawn things here or any other right to settle.

13.4. On goods delivered by payment in property of the purchaser and are still in the hands of the buyer are hereby reserves ThisiPod already then for the liens as provided for in art. 3:237. BW various security claims, unlike in paragraph 1 of this Article, who for whatever ThisiPod is against the buyer may have. The powers contained in this paragraph shall also apply for iPod by This delivered by the buyer are edited or processed, making her iPod This title has lost.

13.5. If the buyer fails to meet its obligations or there is reason to fear that he will not do so; ThisiPod is entitled, described in paragraph 1 of title quietness to the buyer or third party to propose the buyer cancellation. The buyer is obliged to provide any assistance to this end under penalty of a fine of 10% of his per day.

13.6. If third parties have any right under the title delivered to establish or exercise, seller is required to notify ThisiPod as soon as possible.

13.7. The buyer is obliged to the primary request of ThisiPod:

* Under the title delivered to insure and keep insured against fire, explosion and water damage and against theft and the policy of this insurance to their statements;
* All claims by the purchaser to insurers with respect to the subject property to be delivered to pawn This iPod in the way it is prescribed in Art. 3:239 BW;
* The progress made by the buyer obtains towards its customers by selling under the title by This iPod delivered to pledge to This iPod in the way it is prescribed in Art. 3:239 BW;
* Under the title delivered to brands such as the property of This iPod;
* On other ways to cooperate with all reasonable measures This iPod to protect its proprietary rights to the things to take and what the buyer does not unreasonably impede the normal course of its business.

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14. Debt Costs

14.1. Is the buyer in default or in default in fulfilling one or more of its obligations, then all the costs for obtaining satisfaction out of court on behalf of the buyer, which also includes the cost of preparing and sending reminders, making a settlement proposal and gathering information.

14.2. The buyer of ThisiPod is made by judicial authorities due in all costs, unless they are unreasonably high.
This applies only if the buyer and ThisiPod with respect to a general agreement that these conditions are judicial proceedings and a court ruling in respect of which the buyer is entirely or mainly in the wrong states.

15. Intellectual property and copyright

15.1. The copyright and other intellectual property rights on all products, documentation or other materials (such as analysis, functional design, reports, tenders etc.) ThisiPod that are delivered to the customer or in any way be made available, based on or solely by its suppliers of ThisiPod, and that the customer obtains user to this Sale Conditions expressly granted, unless it’s signed and written expressly agreed otherwise by ThisiPod to the buyer.

15.2. The customer is not allowed to comment on the products or their packaging to brand identification or any indication regarding copyrights, trademarks etc. modify the Products or any part thereof or change to make.

15.3. This iPod does not guarantee that the goods delivered to the customer does not infringe any intellectual and / or industrial property rights of third parties and does not accept any liability in case of any claim by third parties based on the proposition that an iPod delivered by This case infringe any right of third.

15.4. ThisiPod certifies that the products do not infringe intellectual property rights in the Netherlands from third parties. In the event of a claim by third parties in respect of infringement of such rights, if necessary, the ThisiPod can replace or modify, or terminate whole or in part. The customer has the right to terminate the Agreement as far as the Agreement can not reasonably be demanded by him.

15.5. ThisiPod sutomer will immediately notify of any claim by third parties in respect of an infringement on intellectual property rights relating to the Products. In the event of such a claim is only empowered by ThisiPod - on behalf of the customer – to defend itself against the third legal action, or with those third an amicable arrangement. Recipient of such measures will remember, as far as can reasonably be demanded of him. In all cases, the customer of ThisiPod will participate.

16. Liability

16.1. If ThisiPod delivered defective products, the liability of ThisiPod to the customer is only limited to the conditions under "Guarantees" which is stated.

16.2. When the producer is in a weak case is liable for consequential damages, the liability of the ThisiPod is limited to repair or replacement of the products or refund of the purchased price.

16.3. Notwithstanding the foregoing ThisiPod is not liable if the damage is due to create and / or serious misconduct and / or criticism can act, or improper or inappropriate use of the products by the customer.

16.4. These conditions included in the limitations of liability for direct damages do not apply if the damage is due to intentional or grossly ThisiPod debt or his subordinates.

17. Force majeure

17.1. Parties are not obliged to perform any obligation if they are hampered as a result of a circumstance that is not due to debt, and neither under the law, an act or in the applicable accounted for their views.

17.2. Force majeure is in these terms and conditions addition to its effect in the law and jurisprudence include any external causes, or of non-equipped, which ThisiPod has no influence on, but which ThisiPod is unable to meet obligations . Strikes in the company of ThisiPod is included.

17.3. ThisiPod also has the right to invoke force majeure if the circumstance that (further) prevents infringement occurs , after ThisiPod should fulfil its commitment.

17.4. Parties may during the period that the force majeure continues to suspend obligations under the agreement. If this period lasts longer than two months, either party has the right to dissolve, without obligation for compensation for damage to the other party.

17.5. So far for ThisiPod at the time of the occurrence of force majeure been partially fulfilled his obligations under the agreement is fulfilled or will fulfill this, and to fulfill respectively to meet part independent value, This iPod is entitled to the already fulfilled part respectively to meet separately to invoice. The customer is obliged to pay this invoice as if it were a separate agreement.

18. Arbitration service

18.1. Notwithstanding the legal rules governing the jurisdiction of civil courts will be any dispute between buyer and ThisiPod, in case the court has jurisdiction, it shall be settled by the Court in Groningen.
ThisiPod remains empowered to sue the buyer under the law or the applicable international treaty jurisdiction.

18.2. The parties will first appeal to the court to do after they have made to the extreme of a dispute in mutual consultations.

19. Governing Law

19.1. On any agreement between the customer and ThisiPod is the Dutch law applied. The Vienna Convention sale agreement is expressly excluded.

19.2. The buyer has the right within a month, after ThisiPod is written on this provision has been invoked, to be chosen for settlement of the dispute in accordance with the law by the competent civil court.

19.3. In case of explanations of the content and scope of these general conditions, the Dutch text always decisive.

19.4. From application is always the last registered version or the version in force at the time of conclusion of the agreement.