terms and conditions B2C

These general terms and conditions contain a number of basic rules for us as an online store and for you as a consumer.

Article 1 Definitions In these general conditions we mean by:

1. We: the natural or legal person who offers products and / or services to consumers at a distance; in this case the webshop where you made the purchase.
2. You: this is you; the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with us.
3. Distance contract: an agreement that exclusively or partly uses one or more techniques for distance communication (see no. 4) for the sale of a product, service or digital content up to and including the conclusion of the agreement, for example, an order from an online store, but also telephone or written orders.
4. Technology for distance communication:  appliance that can be used to conclude an agreement, without you and us being in the same room at the same time; for example telephone or internet.
5. Time for reflection: the period within which you can make use of the right of withdrawal.
6. Right of withdrawal: your option to withdraw from the distance contract within the cooling-off period.
7. Day: calendar day.
8. Extended transaction: a distance contract for a series of products, services or digital content, the delivery and / or purchase obligation of which is spread over time.
9. Durable data carrier: any application that you can use to store information that is addressed to you personally, whereby this information can be consulted later and unaltered reproduction of this information is possible, for example a CD-ROM or a USB stick.
10. Digital content: data that is produced and supplied in digital form

Article 2 Our identity

ICM Technology BV
Halderbergselaan 7a
4741AA Hoeven
Noord-Brabant
The Netherlands
Telephone number: 0165-506443
Accessibility: Email address: info@icmt.nl
Chamber of Commerce number: 20091288
VAT identification number: NL80.73.907.44.B01
Bank account number (IBAN and BIC): NL04INGB0677005628

ICM Technology BV trading under Mifi-hotspot.nl; 4GLTE-antennes.nl; ICMT-antennes.nl

Article 3 Applicability

1. These general terms and conditions apply to any offer from us and to any distance contract concluded between you and us.
2. These general terms and conditions are available to you before you conclude the distance contract. When this is not reasonably possible, it is indicated where and how you can view the general terms and conditions with us. If you wish, we will send you the terms and conditions as soon as possible for free.
3. If the distance contract is concluded electronically, we can make these general terms and conditions electronically available to you, other than in the previous paragraph and before the contract is concluded. We do this in a way that you can easily store it on a durable data carrier. If this is not reasonably possible, we indicate where and how you can view these general terms and conditions electronically. If you request it, we will send it electronically as soon as possible for free
4. If specific product or service conditions apply in addition to our general terms and conditions, paragraphs 2 and 3 also apply. When conflicting terms and conditions apply, you can rely on the provision that is most favorable to you.

Article 4 Information

1. Before you close the purchase, you will receive information from us with which you can properly assess the offer, for example by describing and depicting the product, the service and / or the digital content that correspond to reality. You will also receive clear information about your rights and obligations, such as:

1. the total price to be paid, including, for example, any disposal fee or delivery costs;
2. the way in which the agreement is concluded;
3. whether or not the right of withdrawal applies;
4. the method of payment, delivery or implementation of the agreement;
5. the period that the price or the opportunity to accept the offer applies;
6. the rates that you have to pay if you want to contact us, if this is different from the basic rate;
7. the way in which you become aware of actions you do not want before concluding the agreement, as well as the way in which you can rectify these before the agreement is concluded;
8. any languages in which, in addition to Dutch, the contract can be concluded;
9. the codes of conduct we must adhere to and the way in which you can view these codes of conduct electronically;
10. the way in which you can access the data we have stored about you; and
11. the minimum duration of the distance contract, in the case of an extended transaction.

2. You will receive the following information from us at the latest upon delivery of the product, service or digital content. You will receive this information in writing or in such a way that you can easily store it on a durable data carrier (for example a CD-ROM or a USB stick):

a. our visiting address, where you can file a complaint;
b. whether you have a right of withdrawal and, if you have a right of withdrawal, how you can use this;
c. information about existing after-sales service and warranties;
d. the information referred to in paragraph 1 above, unless you have already received it before the execution of the agreement;
e. the conditions for discontinuing the agreement if it lasts longer than one year or is indefinite;
f. if you have a right of withdrawal, the model withdrawal form.

3. In an extended transaction, paragraph 2 only applies to the first delivery.

Article 5 Confirmation and security

1. Once you have placed an order, you will receive an electronic confirmation from us. As long as this has not happened, you can still cancel the purchase by dissolving the agreement (see Article 9).
2. If you order via the internet, we protect the exchanged data and the online environment. If you pay electronically, we ensure appropriate security measures.
3. We can investigate whether you can meet your payment obligation and whether you can enter into the distance contract responsibly, as long as we remain within the law. For example, we may check whether you are registered with the Credit Registration Office. If we have good reasons not to enter into the agreement, we may refuse your order or request or attach special conditions to the execution.

Article 6 Right of withdrawal upon delivery of products

When purchasing products, you have a reflection period of 14 days.

1. The reflection period starts on the day after you have received the product or that it has been received by a third party designated by you; or: a. if you have ordered several products in one order: the day on which you, or another person designated by you - not the carrier - received the last product. If we have clearly informed you about this prior to the ordering process, we may refuse an order for several products with different delivery times. b. if the delivery of a product consists of several shipments or parts: the day on which you or another person designated by you - not the carrier - received the last shipment or the last part; c. in the case of contracts for the regular delivery of products during a certain period: the day on which you received the first product on a third party designated by you, other than the carrier.
2. During the reflection period, you may terminate the agreement (see article 9 how to do this).
3. During the reflection period, you must handle the product and packaging with care. This means that you only unpack or use the product to the extent necessary to assess whether you want to keep the product. If you make use of your right of withdrawal, please return the product with all accessories supplied and if reasonably possible - in the original condition and packaging. We will inform you how you can do this. This information must be reasonable and clear by law.
4. If you make use of your right of withdrawal, you pay at most the costs of return.
5. We will reimburse all other costs that you have already paid, including delivery costs, as soon as possible, but no later than 14 days, counted from the day after you reported the withdrawal. If we do not come to collect the product ourselves, we may wait with a refund until we have received the product or you have demonstrated that the product has been returned. We will refund you at the first time.

Article 7 Right of withdrawal upon delivery of services and digital content that has not been delivered on a tangible medium

1. You have a cooling-off period of at least 14 days for the delivery of services and digital content that is not supplied on a tangible medium. The reflection period starts on the day after you enter into the agreement. During the reflection period you can terminate the agreement without giving any reason.
2. We will provide you with information, or at the latest upon delivery of the service, about how you can exercise your right of withdrawal. This information must be reasonable and clear.
3. We will refund all costs that you have already paid as soon as possible, but no later than 14 days, counting from the day after you have notified us of the withdrawal.

Article 8 Exclusion of right of withdrawal

Sometimes you have no right of withdrawal. We must then state this clearly and before the contract is concluded. It's about:
1. Products or services whose price is subject to fluctuations in the financial market over which we have no influence and which fluctuations may occur within the withdrawal period;
2. Agreements concluded during a public auction. A public auction means a sales method in which we offer products, services and / or digital content to you, while you are personally present or are given the opportunity to be personally present at the auction, under the supervision of an auctioneer, and in which the successful bidder is obliged to purchase the products, services and / or digital content;
3. Service contracts, after full performance of the service, but only if:

a. Performance has begun with your express prior consent and 
b. you have stated that you will lose your right of withdrawal once we have fully executed the agreement;

4. Service contracts for the provision of accommodation, if the contract specifies a specific date or period of performance and is other than for residential purposes, freight transport, car rental services and catering;
5. Products manufactured to your specifications, which are not prefabricated and which are manufactured based on your individual choice or decision, or which are clearly intended for a specific person;
6. Products that spoil quickly or have a limited shelf life;
7. Sealed products that for reasons of health protection or hygiene are not suitable for return and of which the seal has been broken after delivery;
8. Products that by their nature are irrevocably mixed with other products;
10. Sealed audio, video recordings and computer software of which you have broken the seal;
12. The delivery of digital content other than on a tangible medium, but only if:

a. The execution has started with your express prior consent; and
b. you have stated that you lose your right of withdrawal with this.

Article 9 Dissolution by withdrawal

1. You can terminate the agreement free of charge within the cooling-off period and also if you have not yet received the order (see article 6 for products, article 7 for services and / or digital content and article 8 for possible exceptions).
2. To make use of the right of withdrawal, you must notify us of the withdrawal. This can be done using the model withdrawal form or in another unambiguous manner.
3. If we make the notification of withdrawal electronically possible, we will immediately send a confirmation of receipt upon receipt of this notification.
4. We may ask you the reason for the withdrawal, but you do not have to give it.
5. You must return the product to us as soon as possible, but within 14 days from the day following the notification referred to in paragraph 2, or hand it over to (an authorized representative of) us. This is not necessary if we have offered to collect the product ourselves. In any case, you have complied with the return period if you return the product before the cooling-off period has expired.
6. You return the product with all accessories supplied, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by us.
7. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with you.
8. You pay the direct costs of returning the product. If we have not notified you to bear these costs, or if we indicate that we bear the costs ourself, you do not have to pay the return costs.
9. If you revoke after first expressly requesting that the provision of the service commence during the cooling-off period, you will owe us an amount proportional to that portion of the service we performed at the time of withdrawal, compared to the full implementation of the service.
10. You do not bear any costs for the performance of services if:

a. We have not provided you with the legally required information about the right of withdrawal, the cost reimbursement upon withdrawal or the model withdrawal form, or; 
b. you have not explicitly requested the start of the execution of the service during the reflection period.

11. You do not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium, if:

a. prior to delivery, you have not expressly agreed to commence performance of the agreement before the end of the cooling-off period; .
b. you have not acknowledged that you lose your right of withdrawal when giving your permission; or .
c. we have failed to confirm this statement from you.

12. If you make use of your right of withdrawal, all additional agreements will be terminated by operation of dutch law.
13. We will use the same payment method that you used for reimbursement, unless you agree to a different method. The refund is free of charge for you.
14. If you have opted for a more expensive method of delivery than the cheapest standard delivery, we do not have to reimburse the additional costs for the more expensive method.

Article 10 The price

1. We may not increase the price of the offered service or product during the period of validity stated in the offer, except as a result of changes in VAT rates.
2. Contrary to the previous paragraph, we can offer products or services whose prices are subject to fluctuations in the financial market and over which we have no influence, with variable prices. We then state this offer subject to fluctuations and the fact that any prices stated are target prices.
3. We may only increase the price within 3 months after the conclusion of the agreement if the increase is the result of statutory regulations or provisions.
4. We may only increase the price from 3 months after the conclusion of the agreement if we have stipulated this prior to entering into the agreement and:

a. The price increase is the result of statutory regulations or provisions; or 
b. you can cancel the agreement on the day on which the price increase takes effect.

5. All prices include VAT.

Article 11 Conformity and warranty

1. We guarantee that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions existing on the date of the conclusion of the agreement and / or government regulations. We are also responsible for other than normal use, if you have agreed this with us.
2. We, a manufacturer or an importer can offer you a guarantee scheme. This arrangement does not affect the rights and claims you have in the event of a failure to fulfill our obligations under the law and / or the distance contract.

Article 12 Delivery and implementation

1. We are as careful as possible when receiving and implementing orders for products and when assessing applications for the provision of services.
2. The place of delivery is based on the address you provide to us.
3. We execute accepted orders urgently, at the latest within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order can not or only partially be executed, you will be notified of this no later than one month after placing the order. In that case you have the right to terminate the agreement without costs and to any compensation.
4. In case of dissolution on the basis of the previous paragraph, we will immediately refund the amount that you paid.
5. The risk of damage and / or loss of products lies with us until the moment of delivery to you or a pre-designated and announced representative, unless expressly agreed otherwise.

Article 13 Duration transactions: cancellation, extension and duration Cancellation

1. You can cancel an agreement for an indefinite period and which concerns an extended transaction, at any time as long as you adhere to the agreed cancellation rules and with a notice period of up to one month.
2. You can cancel a contract for a definite period and which concerns an extended transaction at any time towards the end of the fixed term as long as you observe the agreed cancellation rules and with a notice period of up to one month.
3. You can terminate the agreements in paragraphs 1 and 2 of this article:

- at any time and not be limited to termination at a specific time or in a specific period; 
- cancel at least in the same way as you have entered into the agreement; 
- always cancel with the same notice period as we have indicated for ourselves.

Extension:
4. A contract for a definite period and which concerns an extended transaction, may not be automatically extended or renewed for a fixed period.
5. Contrary to the previous paragraph, a contract for a definite period, which concerns the duration transactions of daily news, weekly and weekly newspapers and magazines, may be tacitly renewed for a maximum period of three months, if you terminate this extended contract at the end of the can terminate an extension with a notice period of up to one month.
6. An agreement for a definite period and which concerns an extended transaction may only be extended tacitly for an indefinite period if you can cancel at any time with a notice period of no more than one month. The notice period is a maximum of three months for an agreement for the delivery of daily, news and weekly newspapers, which are delivered less than once a month.
7. An agreement with a limited duration to the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period. Expensive:
8. If an agreement lasts longer than one year, you may terminate the agreement at any time with a notice period of up to one month, unless reasonableness and fairness preclude cancellation before the end of the agreed duration.

Article 14 Payment

1. As long as nothing else has been agreed, you must pay the amounts due within 14 days from the day after the start of the reflection period. In the event that different products from one order are delivered at different times, the payment term starts after delivery of the last product. In the event of a service contract, you must pay within 14 days of receiving our confirmation of the contract. If you do not have a reflection period, you must pay within 14 days from the day after the conclusion of the agreement.
2. In the case of a distance purchase, in general terms and conditions, a prepayment of more than 50% may never be requested and, unless otherwise agreed, you pay (the rest of) the purchase price upon delivery of the order or after providing a service.
3. You have an obligation to report inaccuracies in payment details provided or stated to us immediately.
4. If you do not pay (on time), we have the right to charge the reasonable extrajudicial collection costs made known to you in advance. The amount of these costs is maximized by law. We can deviate from this in your favor.

Article 15 Complaints procedure

1. We have a complaints procedure that is sufficiently known and handle your complaint as described in this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted to us within a reasonable time, fully and clearly described, after you have discovered the defects.
3. Complaints submitted will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, we will reply within the period of 14 days with a message of receipt and an indication when you can expect a more detailed answer.
4. If there is no mutual solution to a complaint, you can submit your complaint to the Qshops. You can therefore rely on mediation by Qshops Keurmerk. You can exercise this right via the online complaint form on the Qshops Keurmerk website. See: https://www.qshops.org/pages/klacht_melden The complaint is then sent to Qshops Initially sent to the seller for treatment. Qshops mediates in a solution between you and us within three months. If mediation by Qshops fails or does not succeed within the three-month period, you can still submit the complaint to a Disputes Committee.
5. If you have a complaint, you can always report it to the European ODR platform at http://ec.europa.eu/odr

Article 16 Intellectual property

As a consumer you expressly acknowledge that all intellectual property rights of the displayed information, communications or other expressions with regard to the products and / or with regard to the internet site belong to us, our suppliers or other entitled parties.

Article 17 Personal data

We only process your data in accordance with our privacy policy. In doing so, we observe the applicable regulations.

Article 18 Applicable law and competent court

All our offers, the agreements between you and us, and the implementation thereof are exclusively governed by Dutch law.

Article 19 Links

Our website may contain advertisements from third parties or links to other sites. We have no influence on the privacy policy of these third parties or their sites and we are not responsible for this.

Article 20 Your data

You can always ask us by e-mail which data about you are processed. You can also ask us by e-mail to make improvements, additions or other corrections, which we will process as soon as possible. If you no longer wish to receive any information, please let us know. Information will only be sent if you have provided your e-mail address.

Article 21 Additional or different stipulations

Additional provisions or provisions that deviate from these general terms and conditions may not disadvantage you. These provisions must be laid down in writing or available in such a way that you can store them in an accessible manner on a durable medium.

Article 22 Amendments to the General Terms and Conditions

1. Qshops Keurmerk can unilaterally change these general terms and conditions.
2. Last change 25-05-2018 10
3. This document is translated from the dutch version and therefore the origional dutch version is leading. 

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