Terms And Conditions

Table of Contents

Article 1 – Definitions
Article 2 – Identity of the Entrepreneur
Article 3 – Applicability
Article 4 – The Offer
Article 5 – The Agreement
Article 6 – Right of Withdrawal
Article 7 – Costs in Case of Withdrawal
Article 8 – The Price
Article 9 – Conformity and Warranty
Article 10 – Delivery and Execution
Article 11 – Payment
Article 12 – Complaints Procedure
Article 13 – Disputes
Article 14 – Additional or Deviating Provisions

Article 1 | Definitions

The following definitions apply in these terms and conditions:

1. Cooling-off Period: The period within which the consumer can exercute their right of withdrawal.
2. Consumer: The natural person who does not act in the exercute of a profession or business and enters into a distance agreement with the entrepreneur.
3. Day: Calendar day.
4. Long-term Transaction: A distance agreement concerning a series of products and/or services, with the supply and/or purchase obligation spread over time.
5. Durable Medium: Any means that enables the consumer or entrepreneur to store information directed to them personally in a way that allows future consultation and unchanged reproduction of the stored information.
6. Right of Withdrawal: The option for the consumer to waive the distance agreement within the cooling-off period.
7. Model Withdrawal Form: The model withdrawal form provided by the entrepreneur that a consumer can use to exercute their right of withdrawal.
8. Entrepreneur: The natural or legal person who offers products and/or services to consumers remotely.
9. Distance Agreement: An agreement concluded between the entrepreneur and consumer within the framework of a system organized for the distance sale of products, content, or services, using one or more means of distance communication exclusively until the conclusion of the agreement.
10. Means of Distance Communication: Any means that can be used for the conclusion of an agreement without the consumer and entrepreneur being simultaneously in the same physical space.
11. Terms and Conditions: The present Terms and Conditions of the entrepreneur.

Article 2 | Identity of the Entrepreneur

Name of the Entrepreneur: HYBRIDER
Address: Hart van Brabantlaan 445
Postal code and city: 5038LE Tilburg
Email address: info@hybrider.nl
Chamber of Commerce (KVK): 82727228

Article 3 | Applicability

1. These terms and conditions apply to every offer of the entrepreneur and to any distance agreement concluded between the entrepreneur and the consumer or business cosumers.
2. Before the distance agreement is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate how the general terms and conditions can be viewed and that they will be sent to the consumer free of charge upon request.
3. If the distance agreement is concluded electronically, the text of these terms and conditions may be provided electronically before the conclusion of the distance agreement, in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated where the terms can be electronically accessed and that they will be sent free of charge upon request.
4. In cases where specific product or service terms are applicable in addition to these terms, those additional conditions will also apply. In case of conflicting terms, the consumer may invoke the most favorable provision.
5. If any provision of these terms is wholly or partially invalid or void, the agreement and these terms will otherwise remain in force, and the invalid provision will be replaced by one that reflects its purpose as closely as possible.
6. Any situations not provided for in these terms must be assessed according to the spirit of these terms.
7. Ambiguities about the interpretation or content of one or more provisions of these terms should be interpreted according to their spirit.

Article 4 | The Offer

1. Validity and Conditions: If an offer has a limited validity period or is subject to specific conditions, this will be explicitly stated in the offer.
2. Non-binding Nature: The offer is non-binding, and the entrepreneur reserves the right to make changes.
3. Clarity and Accuracy: The offer includes a detailed description of the products or services offered, enabling the consumer to make an informed decision. Images are truthful representations of the products, but errors or mistakes in the offer are not binding on the entrepreneur.
4. Indicative Nature: Specifications and images in the offer are indicative only and cannot serve as grounds for compensation or dissolution of the agreement.
5. Product Representation: Images accompanying products are accurate depictions of the products offered. However, the entrepreneur cannot guarantee that the displayed colors precisely match the actual product colors.
6. Consumer Information: Each offer includes sufficient information to clarify the rights and obligations for the consumer upon accepting the offer, including:

• The price, inclusive and exclusive of taxes;
• Any applicable shipping costs;
• The method of agreement formation and the necessary steps for its conclusion;
• Whether the right of withdrawal applies or not;
• Payment, delivery, and execution methods of the agreement;
• The acceptance period of the offer or the period during which the entrepreneur guarantees the price;
• Communication costs if the use of remote communication technology is charged at a rate other than the basic tariff for the communication method used;
• Whether the agreement will be archived and, if so, how it can be accessed by the consumer;
• How the consumer can review and, if necessary, correct the data they provided before finalizing the agreement;
• The codes of conduct to which the entrepreneur is subject and how the consumer can electronically access these codes of conduct; and
• The minimum duration of the agreement in the case of a continuing performance contract.

Article 5 | The Agreement

1. Formation of the Agreement: The agreement is established when the consumer accepts the offer and complies with its conditions, subject to the provisions of paragraph 4.
2. Electronic Acceptance: If the consumer accepts the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. As long as this confirmation has not been received, the consumer can dissolve the agreement.
3. Electronic Security: If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe proper security measures.
4. Verification: Within legal limits, the entrepreneur may verify whether the consumer can meet their payment obligations and investigate other factors relevant to responsibly concluding a remote agreement. If the entrepreneur has valid grounds not to enter into the agreement, they are entitled to refuse an order or request, or attach special conditions to its execution.
5. Post-Agreement Information: The entrepreneur will provide the consumer with the following information, either in writing or in a manner accessible for long-term storage by the consumer:
6. The address of the entrepreneur’s establishment for complaints;
7. Conditions and methods for exercising the right of withdrawal, or a clear statement if the right of withdrawal does not apply;
8. Information on guarantees and available after-sales services;
9. The information specified in Article 4, paragraph 3, unless already provided before the agreement’s execution;
10. Requirements for terminating the agreement if it is of more than one year or indefinite duration.
11. Continuous Transactions: For continuous performance agreements, the previous paragraph only applies to the first delivery.
12. Product Availability: Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 6 | Right of Withdrawal for Product Delivery

1. Withdrawal Period: Consumers have the right to dissolve the agreement without providing a reason within 14 days after receiving the product. This cooling-off period begins the day after the consumer or a representative designated by the consumer and known to the entrepreneur receives the product.
2. Handling During the Cooling-Off Period: During this period, the consumer must handle the product and its packaging carefully. The consumer may only unpack the product as necessary to decide whether to keep it. If the consumer exercutes the right of withdrawal, the product must be returned to the entrepreneur, including all accessories and, if reasonably possible, in its original condition and packaging, following the entrepreneur’s clear instructions.
3. Notification of Withdrawal: If the consumer wishes to exercute the right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. Notification can be made using the model form or another means of communication, such as email. After notifying the entrepreneur, the consumer must return the product in same 14 days. The consumer must provide proof of timely return, such as a shipping receipt.
4. Failure to Withdraw or Return: If the consumer does not notify the entrepreneur within the periods specified in paragraphs 2 and 3 or fails to return the product, the purchase is final.

Article 7 | Costs in Case of Withdrawal

1. Return Costs: If the consumer exercutes the right of withdrawal, the return shipping costs are borne by the consumer.
2. Refund: If the consumer has already made a payment, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. The refund is conditional upon receipt of the returned product or proof of its complete return. Refunds will be made using the same payment method as the consumer used unless the consumer explicitly agrees to another method.
3. Consumer Responsibility: If the product is damaged due to careless handling by the consumer, they are responsible for any depreciation in value.
4. Incomplete Information: Consumers cannot be held liable for depreciation if the entrepreneur failed to provide all legally required information about the right of withdrawal prior to concluding the purchase agreement.

Article 8 | The Price

1. Price Stability: During the validity period stated in the offer, the prices of the offered products or services will not increase, except for changes in VAT rates.
2. Variable Prices: The entrepreneur may offer products or services with variable prices tied to financial market fluctuations beyond the entrepreneur’s control. This variability and indicative prices will be mentioned in the offer.
3. Inclusive Pricing: Prices mentioned in the product or service offer include VAT at the cart and checkout.
4. Printing and Typographical Errors: All prices are subject to printing and typographical errors. The entrepreneur accepts no liability for such errors and is not obligated to deliver products at incorrect prices due to such errors.

Article 9 | Conformity and Warranty

1. Compliance Assurance: The entrepreneur guarantees that the products and services:
   • Comply with the agreement, the specifications stated in the offer, and reasonable requirements of reliability and usability;
   • Adhere to applicable laws and regulations existing at the time of the agreement.
   • If explicitly agreed, are suitable for special use beyond normal application.
2. Legal Rights:
   Any warranty provided by the entrepreneur does not affect the consumer’s statutory rights or claims under the agreement.
3. Reporting Issues:
   Defects or incorrectly delivered products must be reported in writing to the entrepreneur within 7 days of delivery.
   The product must be returned in its original packaging and in new condition.
4. Warranty Conditions: In addition to the general warranty conditions, the following additional requirements apply:
   • Assembly Manual: Where applicable, an assembly manual will be provided or made available digitally. The consumer is required to follow the instructions carefully when assembling or installing the product.
     Submitting Evidence: For warranty claims, the entrepreneur may require the consumer to provide evidence, such as clear photos and/or videos of the defect and the product in its assembled state.
     Warranty Registration: The warranty is valid only if the consumer demonstrates that the assembly was carried out correctly. This can be done through a digital registration system where photos or videos of the assembly process are uploaded.
     Entrepreneur’s Verification: The entrepreneur reserves the right to request additional information or conduct an inspection to verify that the assembly was performed in accordance with the instructions.
5. Warranty Service Requests: All warranty service requests must be initiated by emailing the designated support address, providing the following information:
   • First and last name or company name.
   • Phone number.
   • Vehicle Identification Number.
   • Picture of the product related odometer reading.
   • Invoice number.
   • Images of any relevant diagnostic trouble codes, freeze-frame data, or a complete diagnostic report.
   • A detailed description of the symptoms experienced, including any dashboard lights or abnormal behavior.
   • A description of any recent work performed that may relate to the issue.
   Upon review of the submitted documentation, the entrepreneur will determine warranty eligibility. If eligible, the necessary repairs or replacements will be carried out at no additional charge. Diagnostic, towing, or other financial expenses are not reimbursed under any circumstances.
6. Financial Warranty Exclusion:
   • The warranty provided is limited to repair or replacement of the defective product or part.
   • The entrepreneur will not provide any financial reimbursements for damages, diagnostic costs, towing, or any incidental or consequential losses.
   • This includes but is not limited to costs associated with vehicle downtime, missed business opportunities, or alternative arrangements made due to the product failure.
7. Warranty Exclusions: The warranty will become null and void under the following conditions:
   • Damage caused by misuse, abuse, accidents, or exposure to harsh weather or chemicals.
   • Failure to follow proper installation procedures or maintenance requirements.
   • Unauthorized alterations or modifications to the product.
   • Removal, tampering, or damage to warranty labels or any safety features.
   • Use of the product outside of the intended application or manufacturer’s specifications.
   • Damage from shipping that was not documented and reported at the time of delivery.
   • Physical damage after delivery or due to external factors such as fire or water damage.
8. Additional Provisions:
   • Non-Transferability: The warranty applies exclusively to the original purchaser and product and cannot be transferred to another vehicle.
   • Warranty Maintenance: Products must be used in compliance with specified conditions, including proper installation and maintenance as outlined in the product’s guidelines.
   • Warranty Registration: Consumers are required to register their product for the warranty to be valid and demonstrate compliance with usage and installation instructions.
   • No Restart of Warranty Period: Warranty terms begin on the original date of purchase and do not reset upon repair or replacement.
9. Limited Liability and Waiver of Claims: In no case shall the entrepreneur be responsible for incidental, consequential, or special damages. By accepting the product, the customer waives any claims arising from the possession, use, or condition of the product, including but not limited to personal injury, property damage, or financial loss.

Article 10 | Delivery and Execution

1. Care in Delivery: The entrepreneur will exercute the utmost care when receiving and executing orders for products.
2. Delivery Address: The delivery address is the one provided by the consumer to the entrepreneur.
3. Timely Execution: Subject to paragraph 4 of this article, the entrepreneur will execute accepted orders with due speed, after payment, mostly within 1-2 days, but no later than 30 days, unless the consumer agrees to a longer delivery period. If delivery is delayed or an order cannot be fulfilled, or only partially fulfilled, the consumer will be notified no later than 30 days after placing the order. In such cases, the consumer has the right to dissolve the agreement at no cost. The consumer is not entitled to compensation for damages.
4. Indicative Delivery Times: All delivery times are indicative. Consumers cannot derive any rights from specified delivery times. Exceeding a delivery time does not entitle the consumer to compensation.
5. Refund Upon Dissolution: In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after the dissolution.
6. Risk Transfer: The risk of damage or loss of products remains with the entrepreneur until the moment of delivery to the consumer or a representative designated by the consumer and known to the entrepreneur, unless expressly agreed otherwise.

Article 11 | Payment

1. Payment Deadline: Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the withdrawal period as referred to in Article 6, paragraph 1.
2. Consumer Obligation: The consumer must immediately report any inaccuracies in payment details provided or stated to the entrepreneur.
3. Default: In the event of consumer default, the entrepreneur has the right, subject to legal limitations, to charge the consumer reasonable costs previously disclosed to the consumer.

Article 12 | Complaints Procedure

1. Complaints Policy: The entrepreneur has a sufficiently publicized complaints procedure and will handle complaints in accordance with this procedure.
2. Submission of Complaints: Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within two months after the consumer identifies the defects.
3. Response Time: Complaints submitted to the entrepreneur will be responded to within 7 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within 7 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
4. Dispute Resolution: If the complaint cannot be resolved through mutual consultation, it becomes a dispute subject to the dispute resolution procedure.
5. First Contact Point: Consumers should first approach the entrepreneur with complaints. Complaints can also be submitted via the European ODR platform at http://ec.europa.eu/odr.
6. Entrepreneur Obligations: A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur indicates otherwise in writing.
7. Remedies for Valid Complaints: If a complaint is found to be valid, the entrepreneur will, at their discretion, replace or repair the delivered products free of charge.

Article 13 | Disputes

1. Applicable Law: Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.
2. Exclusion of CISG: The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

Article 14 | Additional or Deviating Provisions

Restrictions on Deviations: Any additional provisions or deviations from these terms and conditions must not disadvantage the consumer and must be documented in writing or in a manner that allows the consumer to store them accessibly on a durable medium.