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General terms and conditions Blaupunkt Robotics

Terms and Conditions

Smart Life BV under the name Blaupunkt Robotics (hereinafter: Blaupunkt) is registered with the Chamber of Commerce under number 68039824 and is located at Fellenoord 39 (5612AA) in Eindhoven.

Article 1 – Definitions

  1. In these general terms and conditions, the following terms are used in the following meaning, unless expressly stated otherwise:
  2. Offer: Any written Offer to the Buyer for the delivery of Products by the Seller to which these conditions are inextricably linked.
  3. Company: The natural or legal person acting in the exercise of a profession or business.
  4. Consumer: The natural person who does not act in the exercise of a profession or business.
  5. Buyer: The Company or Consumer who enters into a (distance) Agreement with the Seller.
  6. Agreement: The (distance) purchase agreement that extends to the sale and delivery of Products purchased by the Buyer from Blaupunkt.
  7. Products: The Products offered by Blaupunkt are electronics with and without a mobile application, charging stations and related products in the broadest sense of the word.
  8. Seller: The provider of Products to the Buyer, hereinafter: Blaupunkt.

Article 2 – Applicability

  1. These general terms and conditions apply to every Offer from Blaupunkt and every Agreement between Blaupunkt and a Buyer and to every Product offered by Blaupunkt.
  2. Before a (distance) Agreement is concluded, the Buyer will have access to these general terms and conditions. If this is not reasonably possible, Blaupunkt will indicate to the Buyer how the Buyer can view the general terms and conditions, which in any case are published on the Blaupunkt website, so that the Buyer can easily store these general terms and conditions on a durable data carrier.
  3. In exceptional situations, these general terms and conditions may be deviated from if this has been explicitly agreed in writing with Blaupunkt.
  4. These general terms and conditions also apply to additional, amended and follow-up agreements with the Buyer. Any general and/or purchasing conditions of the Buyer are expressly rejected.
  5. If one or more provisions of these general terms and conditions are partially or completely void or are voided, the other provisions of these general terms and conditions will remain in effect and the void/nullified provision(s) will be replaced by a provision with the same scope as the original provision. .
  6. Uncertainties about the content, explanation or situations that are not regulated in these general terms and conditions must be assessed and explained in the spirit of these general terms and conditions.
  7. If these general terms and conditions refer to she/her, this should also be construed as a reference to he/him/his, if and to the extent applicable.

Article 3 – The Offer

  1. All offers made by Blaupunkt are without obligation, unless expressly stated otherwise in writing. If the Offer is limited or valid under specific conditions, this will be expressly stated in the Offer. An Offer only exists if it is recorded in writing.
  2. The Offer made by Blaupunkt is without obligation. Blaupunkt is only bound to the Offer if acceptance thereof is confirmed in writing by the Buyer within 14 days, or if the Buyer has already paid the amount due. Nevertheless, Blaupunkt has the right to refuse an Agreement with a potential Buyer for a reason justified by Blaupunkt.
  3. An Offer can be made by Blaupunkt via the website.
  4. The Offer contains an accurate description of the Product offered with associated prices. The description is sufficiently detailed so that the Buyer is able to make a good assessment of the Offer. Obvious mistakes or errors in the Offer cannot bind Blaupunkt. Any images and specific data in the Offer are only an indication and cannot be grounds for any compensation or termination of the Agreement (remotely). Blaupunkt cannot guarantee that the colors in the image exactly match the real colors of the Product.
  5. Delivery times and terms stated in Blaupunkt's Offer are indicative and do not entitle the Buyer to termination or compensation if they are exceeded, unless expressly agreed otherwise.
  6. A composite quotation does not oblige Blaupunkt to deliver part of the Products included in the offer or Offer at part of the stated price.
  7. If and insofar as there is an offer, this does not automatically apply to repeat orders. Offers are only valid until stocks last and according to the last-is-last principle.

Article 4 – Conclusion of the Agreement

  1. The Agreement is concluded when the Buyer has accepted an Offer from Blaupunkt by paying for the Product in question.
  2. If the Buyer has accepted the Offer by concluding an Agreement with Blaupunkt, Blaupunkt will confirm the Agreement with the Buyer in writing.
  3. If the acceptance deviates (on minor points) from the Offer, Blaupunkt is not bound by it.
  4. Blaupunkt is not bound to an Offer if the Buyer could reasonably have expected or should have understood or should have understood that the Offer contains an obvious mistake or typo. The Buyer cannot derive any rights from this error or typo.
  5. The right of withdrawal is excluded for the Buyer being a Company. The buyer being a Consumer has the right to exercise its right of withdrawal within the statutory period. If withdrawal applies, the Buyer will handle the Product and its packaging with care. It will only unpack or use the Product to the extent necessary to determine the nature, characteristics and operation of the Product. The direct costs for returning the Product are borne by the Buyer.
  6. Products that cannot be returned due to (hygienic reasons, customization, etc.) are excluded from the right of withdrawal. This is expressly stated in the Offer.

Article 5 – Execution of the Agreement

  1. Blaupunkt will execute the Agreement to the best of its knowledge and ability.
  2. If and to the extent that this is required for the proper execution of the Agreement, Blaupunkt has the right to have certain work carried out by third parties at its own discretion.
  3. The Buyer shall ensure that all information that Blaupunkt indicates is necessary or which the Buyer should reasonably understand to be necessary for the execution of the Agreement, is provided to Blaupunkt in a timely manner. If the information required for the execution of the Agreement has not been provided to Blaupunkt in a timely manner, Blaupunkt has the right to suspend the execution of the Agreement.
  4. In the execution of the Agreement, Blaupunkt is not obliged or obliged to follow the instructions of the Buyer if this changes the content or scope of the Agreement. If the instructions require additional work for Blaupunkt, the Buyer is obliged to reimburse the additional or additional costs accordingly.
  5. Before proceeding with the execution of the Agreement, Blaupunkt may require security from the Buyer or full advance payment.
  6. Blaupunkt is not liable for damage of any nature whatsoever that has arisen because Blaupunkt relied on incorrect and/or incomplete information provided by the Buyer, unless this incorrectness or incompleteness was known to Blaupunkt.
  7. The Buyer indemnifies Blaupunkt against any claims from third parties who suffer damage in connection with the execution of the Agreement and which are attributable to the Buyer.

Article 6 – Delivery

  1. If the commencement, progress or delivery of the Agreement is delayed because, for example, the Buyer has not provided all requested information or has not provided it in a timely manner, does not provide sufficient cooperation, the (down) payment has not been received on time by Blaupunkt or due to other circumstances outside the If any delay occurs under the control of Blaupunkt, Blaupunkt is entitled to a reasonable extension of the delivery period. All agreed delivery terms are never strict deadlines. The buyer must give notice of default to Blaupunkt in writing and grant it a reasonable period to be able to deliver. The buyer is not entitled to any compensation due to the delay.
  2. The Buyer is obliged to purchase the Products at the time they are made available to it in accordance with the Agreement, even if they are offered to it earlier or later than agreed.
  3. If the Buyer refuses to take delivery or fails to provide information or instructions necessary for delivery, Blaupunkt is entitled to store the Products at the expense and risk of the Buyer.
  4. If the Products are delivered by Blaupunkt or an external carrier, Blaupunkt is entitled to charge any delivery costs, unless otherwise agreed in writing. These will then be invoiced separately unless expressly agreed otherwise.
  5. If Blaupunkt requires information from the Buyer in the context of the execution of the Agreement, the delivery time will only commence after the Buyer has made all data required for the execution available to Blaupunkt.
  6. If Blaupunkt has specified a delivery period, this is indicative. Longer delivery times apply for deliveries outside the Netherlands.
  7. Blaupunkt is entitled to deliver the Products in parts, unless this has been deviated from in the Agreement or the partial delivery has no independent value. Blaupunkt is entitled to invoice separately for the goods thus delivered.
  8. Deliveries will only be made if all invoices have been paid unless expressly agreed otherwise. Blaupunkt reserves the right to refuse delivery if there is a well-founded fear of non-payment.

Article 7 – Packaging and transport

  1. Blaupunkt undertakes to the Buyer to properly package the Products to be delivered and to secure them in such a way that they reach their destination in good condition under normal use.
  2. Unless otherwise agreed in writing, all deliveries are made inclusive of turnover tax (VAT), including packaging and packaging materials.
  3. Acceptance of Products without any comments on the waybill or receipt serves as proof that the packaging was in good condition at the time of delivery.

Article 8 – Investigation, complaints

  1. The buyer is obliged to inspect the delivered goods at the time of delivery, but in any case within 14 days after receipt of the delivered goods, but only to unpack or use them to the extent necessary to can assess whether it retains the Product. The Buyer must investigate whether the quality and quantity of the delivered goods correspond with the Agreement and whether the Products meet the requirements that apply to them in normal (trade) traffic.
  2. The Buyer is obliged to investigate and inform himself how the Product should be used and, in case of personal use, to test the Product in accordance with the instructions for use. Blaupunkt accepts no liability for incorrect use of the Product by the Buyer.
  3. Any visible defects or shortages must be reported in writing to Blaupunkt after delivery at . The buyer has a period of 14 days after delivery to do this. Non-visible defects or shortages must be reported within 14 days of discovery, but no later than 6 months after delivery. If the Product is damaged due to careless handling by the Buyer himself, the Buyer himself is liable for any reduction in value of the Product.
  4. If a complaint is made in a timely manner in accordance with the previous paragraph, the Buyer remains obliged to pay for the purchased Products. If the Buyer wishes to return defective Products, this will only be done with the prior written permission of Blaupunkt in the manner indicated by Blaupunkt.
  5. If the Buyer, being a Consumer, exercises his right of withdrawal, he will return the Product and all accessories, insofar as reasonably possible, in the original condition and packaging to Blaupunkt, in accordance with Blaupunkt's return instructions. The direct costs for returns are at the expense and risk of the Buyer.
  6. Blaupunkt is entitled to investigate the authenticity and condition of the returned Products before a refund will be made.
  7. Refunds to the Buyer will be processed as soon as possible, but the refund may take no later than 14 days after receipt of the Buyer's declaration of dissolution. Refunds will be made to the previously specified account number.
  8. If the Buyer exercises its right to complain, the Buyer, being a Company, has no right to suspend its payment obligation nor to settle outstanding invoices.
  9. In the absence of a complete delivery, and/or if one or more Products are missing, and this is attributable to Blaupunkt, Blaupunkt will, after a request from the Buyer, send the missing Product(s) or cancel the remaining order. The confirmation of receipt of the Products is leading. Any damage suffered by the Buyer as a result of the (deviating) size of the delivery cannot be recovered from Blaupunkt.

Article 9 – Prices

  1. During the validity period of the Offer, the prices of the Products offered will not be increased, except in the event of changes in VAT rates.
  2. The prices stated in the Offer are exclusive of VAT, unless expressly stated otherwise.
  3. The prices stated in the Offer are based on the cost factors applicable at the time of concluding the Agreement, such as: import and export duties, freight and unloading costs, insurance and any levies and taxes.
  4. If there are Products or raw materials for which there are price fluctuations on the financial market and over which Blaupunkt has no influence, Blaupunkt can offer these Products at variable prices. The Offer states that the prices are target prices and may fluctuate.

Article 10 – Payment and collection policy

  1. Payment should preferably be made in advance in the currency in which the invoice was sent via the indicated method.
  2. The buyer cannot derive any rights or expectations from a previously issued estimate, unless the parties have expressly agreed otherwise.
  3. The buyer must make a lump sum payment to the account number and details of Blaupunkt made known to it. Parties can only agree on a different payment term after explicit written permission from Blaupunkt.
  4. If a periodic payment obligation of the Buyer has been agreed, Blaupunkt is entitled to adjust the applicable prices and rates in writing, taking into account a period of 3 months.
  5. In the event of liquidation, bankruptcy, attachment or suspension of payment of the Buyer, Blaupunkt's claims on the Buyer are immediately due and payable.
  6. Blaupunkt has the right to have payments made by the Buyer firstly deduct the costs, then deduct the accrued interest and finally deduct the principal amount and current interest. Blaupunkt may, without being in default, refuse an Offer for payment if the Buyer designates a different order for the allocation. Blaupunkt may refuse full repayment of the principal sum if the accrued and current interest as well as the costs are not also paid.
  7. If the Buyer does not meet its payment obligation and has not fulfilled its obligation within the set payment term of 14 days, the Buyer, being a Company, is in default. The buyer, being a Consumer, will first receive a written reminder with a period of 14 days after the date of the reminder to still meet the payment obligation, including a statement of the extrajudicial costs if the Consumer does not meet his obligations within that period, before they falls into default.
  8. From the date that the Buyer is in default, Blaupunkt will, without further notice of default, claim statutory (commercial) interest from the first day of default until full payment and reimbursement of the extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code, to be calculated according to the scale in the decision. compensation for extrajudicial collection costs from July 1, 2012.
  9. If Blaupunkt has incurred more or higher costs that are reasonably necessary, these costs are eligible for reimbursement. Any legal and enforcement costs incurred will also be borne by the Buyer.

Article 11 – Retention of title

  1. All Products delivered by Blaupunkt remain the property of Blaupunkt until the Buyer has fulfilled all the following obligations under all Agreements concluded with Blaupunkt.
  2. The Buyer is not entitled to pledge or encumber the Products subject to retention of title in any other way if ownership has not yet been fully transferred.
  3. If third parties seize the Products delivered under retention of title or wish to establish or enforce rights thereto, the Buyer is obliged to inform Blaupunkt of this as soon as can reasonably be expected.
  4. In the event that Blaupunkt wishes to exercise its ownership rights referred to in this article, the Buyer now gives unconditional and irrevocable consent and authorization to Blaupunkt or third parties to be designated by it to enter all those places where Blaupunkt's properties are located and those Products. to take back.
  5. Blaupunkt has the right to retain the Product(s) purchased by the Buyer if the Buyer has not yet (fully) fulfilled his payment obligations, despite an obligation to transfer or issue on the part of Blaupunkt. After the Buyer has fulfilled his obligations, Blaupunkt will make every effort to deliver the purchased Products to the Buyer as quickly as possible, but no later than within 20 working days.
  6. Costs and other (consequential) damage as a result of retaining the purchased Products are at the expense and risk of the Buyer and will be reimbursed to Blaupunkt by the Buyer upon first request.

Article 12 – Warranty

  1. Blaupunkt guarantees that the Products comply with the Agreement, the specifications, usability and/or reliability stated in the Offer and the legal rules/regulations at the time the Agreement was concluded. This also applies if the Products to be delivered are intended for use abroad and the Buyer has expressly notified Blaupunkt of this use in writing at the time of entering into the Agreement.
  2. There is no warranty for the Products for Companies unless otherwise agreed.
  3. A 2-year manufacturer's warranty applies to Consumers.

Article 13 – Instructions for use of Products

  1. The buyer of Products must follow Blaupunkt's regulations/manual and instructions.
  2. Buyer and third parties must refrain from adjusting and/or repairing Products themselves.
  3. If the Product requires a mobile application to function, Buyer will install it on her mobile device and agree to the terms of use.

Article 14 – Repair Products

If the Buyer has defects in the Product, the Buyer has the option to report this in writing to Blaupunkt. Buyer can send her Product for repair. Defects not covered by the warranty will be charged to the Buyer. In this case, Blaupunkt will make an offer to resolve the defects. If the Buyer does not want to reimburse the costs, the Buyer will only pay the research costs and shipping costs. Blaupunkt is entitled to engage third parties to carry out the repair.

Article 15 – Suspension and dissolution

  1. Blaupunkt is entitled to suspend the fulfillment of the obligations or to terminate the Agreement if the Buyer does not or does not fully comply with the (payment) obligations under the Agreement.
  2. In addition, Blaupunkt is entitled to terminate the Agreement existing between it and the Buyer, insofar as it has not yet been executed, without judicial intervention, if the Buyer does not timely or properly fulfill the obligations arising from any Agreement concluded with Blaupunkt.
  3. Furthermore, Blaupunkt is entitled to dissolve the Agreement without prior notice of default if circumstances arise that are of such a nature that compliance with the Agreement is impossible or can no longer be required according to standards of reasonableness and fairness, or if other circumstances arise that are of are of such a nature that unchanged maintenance of the Agreement cannot reasonably be expected.
  4. If the Agreement is terminated, Blaupunkt's claims on the Buyer are immediately due and payable. If Blaupunkt suspends the fulfillment of its obligations, it retains its claims under the law and the Agreement.
  5. Blaupunkt always reserves the right to claim damages.

Article 16 – Limitation of liability

  1. If the execution of the Agreement by Blaupunkt leads to liability of Blaupunkt towards the Buyer or third parties, that liability is limited to the costs charged by Blaupunkt in connection with the Agreement unless the damage arose due to intent or gross negligence. Blaupunkt's liability is in any case limited to the maximum amount of damage paid out by the insurance company per event per year.
  2. Blaupunkt is not liable for consequential damage, indirect damage, loss of profit and/or loss suffered, missed savings and damage resulting from the use of the delivered Products is excluded. A restriction applies to Consumers in accordance with what is permitted under Article 7:24 paragraph 2 of the Dutch Civil Code.
  3. Blaupunkt is not liable for and/or obliged to repair damage caused by the use of the Product. Blaupunkt provides strict maintenance and usage instructions that must be adhered to by the Buyer. All damage to Products as a result of wearing and using is expressly excluded from liability (this includes traces of use, damage from use, fall damage, light and water damage, theft, loss, etc.).
  4. Blaupunkt is not liable for damage that is or may be the result of any action or omission as a result of (incomplete and/or incorrect) information on the website(s) or linked websites.
  5. Blaupunkt is not responsible for errors and/or irregularities in the functionality of the website and is not liable for malfunctions or unavailability of the website for any reason.
  6. Blaupunkt is not responsible for the correct and complete transmission of the contents of e-mails sent by/on behalf of Blaupunkt, nor for their timely receipt.
  7. All claims by the Buyer due to shortcomings on the part of Blaupunkt lapse if they have not been reported to Blaupunkt in writing and with reasons within one year after the Buyer was aware or could reasonably have been aware of the facts on which it bases its claims. All claims of the Buyer will in any case expire one year after the termination of the Agreement.

Article 17 – Force majeure

  1. Blaupunkt is not liable if it cannot fulfill its obligations under the Agreement as a result of a force majeure situation, nor can it be held to fulfill any obligation if it is prevented from doing so as a result of a circumstance that is not attributable to her fault and is not her responsibility under the law, legal act or prevailing views.
  2. Force majeure in any case includes, but is not limited to, what is understood in this regard in law and case law, (i) force majeure of Blaupunkt's suppliers, (ii) failure to properly fulfill obligations of suppliers assigned by the Buyer to Blaupunkt prescribed or recommended, (iii) defective goods, equipment, software or materials from third parties, (iv) government measures, (v) electricity disruption, (vi) disruption of the internet, data network and telecommunications facilities (for example due to: cybercrime and hacking), ( vii) natural disasters, (viii) war and terrorist attacks, (ix) general transport problems, (x) strikes in Blaupunkt's Company and (xi) other situations which, in the opinion of Blaupunkt, are beyond its control and which temporarily affect the fulfillment of its obligations or permanently prevent it.
  3. Blaupunkt has the right to invoke force majeure if the circumstance that prevents (further) compliance occurs after Blaupunkt should have fulfilled its obligation.
  4. Parties may suspend the obligations under the Agreement during the period that the force majeure continues. If this period lasts longer than two months, either party is entitled to terminate the Agreement, without obligation to compensate the other party for damages.
  5. Insofar as Blaupunkt has already partially fulfilled its obligations under the Agreement at the time of the occurrence of force majeure or will be able to fulfill them, and independent value is attributed to the fulfilled or to be fulfilled part, Blaupunkt is entitled to the part already fulfilled or to be fulfilled. to be invoiced separately. The Buyer is obliged to pay this invoice as if it were a separate Agreement.

Article 18 – Risk transfer

The risk of loss or damage to the Products that are the subject of the Agreement passes to the Buyer, being a Company, at the moment the goods leave Blaupunkt's warehouse. For Consumers, the above-mentioned risk passes to the Buyer if the Products are provided under the control of the Buyer. This is the case if the Products have been delivered to the Buyer's delivery address.

Article 19 – Intellectual Property Rights

  1. All intellectual property rights and copyrights of Blaupunkt belong exclusively to Blaupunkt and are not transferred to the Buyer.
  2. The Buyer is prohibited from disclosing and/or multiplying, modifying or making available to third parties all documents subject to Blaupunkt's intellectual property rights and copyrights without the express prior written permission of Blaupunkt. If the Buyer wishes to make changes to goods delivered by Blaupunkt, Blaupunkt must explicitly agree to the intended changes.
  3. The Buyer is prohibited from using the Products to which Blaupunkt's intellectual property rights rest otherwise than agreed in the Agreement.

Article 20 – Privacy, data processing and security

  1. Blaupunkt handles the (personal) data of the Buyer and visitors to the website(s) with care. If requested, Blaupunkt will inform the data subject about this.
  2. If Blaupunkt must provide information security under the Agreement, this security will comply with the specifications agreed and a security level that is not unreasonable given the state of the art, the sensitivity of the data, and the associated costs. .

Article 21 – Complaints

  1. If the Buyer is not satisfied with Blaupunkt's Products and/or has complaints about the (execution of the) Agreement, the Buyer is obliged to report these complaints as soon as possible, but no later than within 14 calendar days after the relevant reason that led to the complaint. . Complaints can be reported via with the subject “Complaint”.
  2. The complaint must be sufficiently substantiated and/or explained by the Buyer for Blaupunkt to be able to process the complaint.
  3. Blaupunkt will respond substantively to the complaint as soon as possible, but no later than 14 calendar days after receipt of the complaint.
  4. The parties will try to find a solution together.

Article 22 – Applicable law

  1. Dutch law applies to every Agreement between Blaupunkt and the Buyer. The applicability of the (CISG) Vienna Sales Convention is expressly excluded.
  2. In the event of an explanation of the content and scope of these general terms and conditions, the Dutch text is always decisive. Blaupunkt has the right to unilaterally change these general terms and conditions.
  3. All disputes arising from or in connection with the Agreement between Blaupunkt and the Buyer will be settled by the competent court of the East Brabant District Court, Eindhoven location, unless mandatory law provisions designate another competent court.

Eindhoven, March 22, 2023