General Conditions – Returnmysmartphone.com
Table of Contents:
1. Definitions
2. Applicability
3. The Offer and the Agreement
4. Prices and Payment
5. Delivery and Execution
6. Right of Withdrawal (Returns)
7. The Platform and Account Registration
8. Liability and Warranty
9. Intellectual Property
10. Governing Law and Disputes
Article 1 – Definitions
• Entrepreneur: Returnmysmartphone.com, established in Nijmegen, Chamber of Commerce (KVK) registration number: 123456789.
• Customer: The natural person or legal entity entering into an agreement with the Entrepreneur.
• Products: Physical goods such as QR code stickers, Lost & Found tags, and trackers.
• Service / Platform: The digital online environment (accessible via returnmysmartphone.com) where the Customer can activate and link unique QR codes to contact details.
Article 2 – Applicability
1. These General Terms and Conditions apply to every offer made by the Entrepreneur and to every agreement concluded between the Entrepreneur and the Customer.
2. Before the agreement is concluded, the text of these General Terms and Conditions will be made available to the Customer (digitally via the webshop).
Article 3 – The Offer and the Agreement
1. If an offer has a limited duration or is subject to specific conditions, this will be explicitly stated in the offer.
2. The agreement is concluded at the moment the Customer accepts the offer via the webshop and fulfills the conditions set therein (such as completing the payment).
Article 4 – Prices and Payment
1. All prices stated in the webshop are in Euros and include 21% VAT, unless stated otherwise.
2. Payment must be made using the payment methods offered in the webshop (such as iDEAL, PayPal, or credit card).
3. Shipping costs, if applicable, will be clearly communicated before the order is finalized.
Article 5 – Delivery and Execution
1. The Entrepreneur will handle the receipt and execution of product orders with the greatest possible care.
2. The place of delivery is the address that the Customer has communicated to the Entrepreneur.
3. Orders are generally shipped via regular mailbox post. The risk of damage and/or loss of products rests with the Entrepreneur until the moment of delivery to the Customer, unless explicitly agreed otherwise.
Article 6 – Right of Withdrawal (Returns)
1. When purchasing physical products (stickers and tags), the consumer-Customer has the option to dissolve the agreement without giving reasons for a period of 14 days. This period begins on the day following receipt of the product.
2. Exception: If the QR code stickers are custom-made (for example, featuring a company’s specific logo or customer-specific text), the right of withdrawal is excluded.
3. If the Customer exercises their right of withdrawal, the costs of return shipping shall be borne by them. The product must be returned undamaged, unused, and in its original packaging.
4. The right of withdrawal for the digital service expires as soon as the Customer successfully activates/links the unique QR code sticker on the platform within the cooling-off period.
Article 7 – The Platform and Account Registration
1. To use the Lost & Found functionality, the Customer must register and link the unique QR code in the designated environment on the website: returnmysmartphone.com.
2. The Customer is solely responsible for keeping the entered contact details (such as email address or phone number) correct and up to date.
3. The Entrepreneur makes every effort to keep the platform online and accessible 24/7, but cannot guarantee 100% uptime (for example, due to technical maintenance or disruptions beyond the Entrepreneur's control).
Article 8 – Liability and Warranty
1. The Entrepreneur provides a tool (QR stickers and a platform) to increase the likelihood of recovering lost property. The Entrepreneur explicitly does NOT guarantee that lost property will actually be found.
2. The Entrepreneur is not liable for the loss, theft, or any damage to property onto which the QR sticker has been applied.
3. The Entrepreneur is not liable for missed communication between a finder and the owner, nor for the behavior or actions of the finder of the object.
4. The liability of the Entrepreneur is at all times limited to a maximum of the purchase amount of the respective product.
Article 9 – Intellectual Property
1. All intellectual property rights regarding the brand name, the custom software, the design of the stickers/tags, and the following domains belong exclusively to the Entrepreneur:
- returnmysmartphone.com
- returnmysmartphone.nl
- returnmysmartphone.eu
- returnmysmartphone.de
- returnmysmartphone.be
- returnmysmartphone.co.uk
2. The Customer or third parties are not permitted to copy, distribute, or reproduce the software, source code, or designs without prior written consent from the Entrepreneur.
Article 10 – Governing Law and Disputes
1. Agreements between the Entrepreneur and the Customer to which these general terms and conditions apply are governed exclusively by Dutch law.
2. Any disputes will, in the first instance, be submitted to the competent court in the judicial district where the Entrepreneur is established.
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