Download the general terms and conditions

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General 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 – Consumer Obligations During the Reflection Period

Article 8 – Exercise of the Right of Withdrawal by the Consumer and Its Costs

Article 9 – Entrepreneur’s Obligations in the Event of Withdrawal

Article 10 – Exclusion of Right of Withdrawal

Article 11 – The Price

Article 12 – Performance and Additional Warranty

Article 13 – Delivery and Execution

Article 14 – Duration Transactions: Duration, Termination, and Extension

Article 15 – Payment

Article 16 – Complaints Procedure

Article 17 – Disputes

Article 18 – Additional or Deviating Provisions

• Additional General Terms and Conditions of Mobisite

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

• Supplementary agreement: an agreement whereby the consumer acquires products, digital content, and/or services in connection with a distance agreement, and these goods, digital content, and/or services are delivered by the entrepreneur or a third party based on an arrangement between that third party and the entrepreneur.

• Reflection period: the period within which the consumer can exercise their right of withdrawal.

• Consumer: a natural person who does not act for purposes related to their trade, business, craft, or profession.

• Day: calendar day.

• Digital content: data that is produced and delivered in digital form.

• Duration agreement: an agreement that provides for the regular delivery of goods, services, and/or digital content over a specified period.

• Durable data carrier: any tool – including email – that enables the consumer or entrepreneur to store information addressed to them personally, in a way that allows future consultation or use for a period appropriate to the purpose of the information, and that allows unchanged reproduction of the stored information.

• Right of withdrawal: the possibility for the consumer to withdraw from the distance agreement within the reflection period.

• Entrepreneur: the natural or legal person offering products and/or services at a distance to consumers.

• Distance agreement: an agreement concluded between the entrepreneur and the consumer as part of an organized system for distance selling of products, digital content, and/or services, where one or more techniques for remote communication are exclusively or partially used until the agreement is concluded.

• Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions; Annex I does not need to be provided if the consumer has no right of withdrawal regarding their order.

• Technique for remote communication: any medium that can be used to conclude an agreement without the consumer and entrepreneur needing to be in the same location simultaneously.

Article 2 – Identity of the Entrepreneur

• Name of entrepreneur: Mobisite

• Trading under the name(s): Mobisite

• Business address: Dreef 743956 EV Leersum

• Phone number: 085 – 3015457

• Availability: Monday to Saturday from 12:00 to 17:00

• Email address: info@mobisite.nl

• Chamber of Commerce number: 74590324

• VAT number: NL002477824B54

Article 3 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance agreement concluded between the entrepreneur and the consumer.

Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is reasonably not possible, the entrepreneur will inform the consumer of the way in which the general terms and conditions can be consulted and that they will be sent to the consumer free of charge as soon as possible upon request.

If the distance agreement is concluded electronically, the text of these general terms and conditions can, deviating from the previous paragraph, be made available to the consumer electronically in such a way that it can be easily stored on a durable data carrier. If this is reasonably not possible, the entrepreneur will indicate where the general terms and conditions can be accessed electronically and that they will be sent to the consumer free of charge electronically or in another way upon request.

In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the case of conflicting conditions, the consumer may always rely on the provision that is most favorable to them.

Article 4 – The Offer

If an offer has a limited validity period or is subject to conditions, this will be clearly stated in the offer.

The offer includes a full and accurate description of the offered products, digital content, and/or services. The description is sufficiently detailed to enable the consumer to assess the offer properly. If the entrepreneur uses images, these will be a truthful representation of the offered products, services, and/or digital content. Obvious mistakes or errors in the offer do not bind the entrepreneur.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions in paragraph 4, at the moment of acceptance by the consumer of the offer and meeting the conditions set therein.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. Until the receipt of this acceptance is confirmed by the entrepreneur, the consumer can cancel the agreement.

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 take appropriate security measures in this regard.

Within legal frameworks, the entrepreneur may inquire whether the consumer can fulfill their payment obligations and obtain all relevant facts and factors necessary for responsibly entering into the distance agreement. If the entrepreneur has good grounds not to enter into the agreement based on this investigation, they are entitled to refuse a purchase or application or impose special conditions on the execution of the agreement.

The entrepreneur will, at the latest upon delivery of the product, service, or digital content to the consumer, provide the following information in writing or in such a way that the consumer can store it on a durable data carrier:

• The physical address of the entrepreneur’s establishment where the consumer can address complaints;

• The conditions under which and the manner in which the consumer can exercise their right of withdrawal, or a clear statement on the exclusion of the right of withdrawal;

• Information about warranties and after-sales service;

• The price, including all taxes of the product, service, or digital content;

• If applicable, the costs of delivery; and the method of payment, delivery, or execution of the distance agreement;

• The requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration;

• If the consumer has a right of withdrawal, the model withdrawal form.

In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 – Right of Withdrawal

For products:

The consumer may dissolve an agreement regarding the purchase of a product within a reflection period of 30 days without giving any reason. The entrepreneur may ask the consumer for the reason for withdrawal, but cannot oblige them to provide a reason.

The reflection period mentioned in paragraph 1 starts the day after the consumer, or a third party designated by the consumer, who is not the carrier, has received the product, or:

• If the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by them, has received the last product. The entrepreneur may refuse an order of multiple products with different delivery times, provided they have informed the consumer clearly before the ordering process.

• If the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by them, has received the last shipment or part.

• For agreements regarding regular delivery of products over a certain period: the day on which the consumer, or a third party designated by them, has received the first product.

For services and digital content not delivered on a physical medium:

The consumer may dissolve a service agreement and an agreement for the delivery of digital content not delivered on a physical medium within 30 days without giving any reason. The entrepreneur may ask the consumer for the reason for withdrawal, but cannot oblige them to provide a reason.

The reflection period mentioned in paragraph 3 starts the day following the conclusion of the agreement.

Extended Reflection Period for Products, Services, and Digital Content Not Delivered on a Physical Medium If Information on the Right of Withdrawal Is Not Provided:

If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period ends twelve months after the end of the original reflection period as determined in the previous paragraphs of this article.

If the entrepreneur has provided the information mentioned in the previous paragraph to the consumer within twelve months after the start date of the original reflection period, the reflection period expires 14 days after the day the consumer has received this information.

Article 7 – Consumer Obligations During the Reflection Period

During the reflection period, the consumer must handle the product and its packaging carefully. The product should only be unpacked or used to the extent necessary to determine the nature, characteristics, and functioning of the product. The basic principle is that the consumer may only handle and inspect the product in the same way as they would be allowed to do in a store.

The consumer is only liable for depreciation of the product resulting from handling the product in a manner that exceeds what is allowed in paragraph 1.

The consumer is not liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal before or at the time of concluding the agreement.

Article 8 – Exercising the Right of Withdrawal by the Consumer and Costs Thereof

If the consumer exercises their right of withdrawal, they must notify the entrepreneur within the reflection period using the model withdrawal form or by any other unambiguous method.

As soon as possible, but within 14 days from the day following the notification mentioned in paragraph 1, the consumer must return the product, or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to pick up the product themselves. The consumer has observed the return deadline if the product is sent back before the reflection period has expired.

The consumer must return the product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.

The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.

The consumer is responsible for the direct costs of returning the product. If the entrepreneur has not indicated that the consumer must bear these costs or if the entrepreneur has indicated that they will bear the costs themselves, the consumer does not need to bear the return shipping costs.

If the consumer withdraws after explicitly requesting that the service be performed or the delivery of gas, water, or electricity that has not been made ready for sale in a limited volume or a specified amount begins during the reflection period, the consumer is liable to the entrepreneur for an amount proportional to the part of the commitment performed by the entrepreneur at the time of withdrawal, compared to the full performance of the agreement.

The consumer does not incur any costs for the execution of services or the delivery of water, gas, or electricity that has not been made ready for sale in a limited volume or amount, or for the delivery of district heating, if:

• The entrepreneur has not provided the consumer with the legally required information regarding the right of withdrawal, the compensation for costs upon withdrawal, or the model withdrawal form; or

• The consumer has not explicitly requested the commencement of the service or delivery of gas, water, electricity, or district heating during the reflection period.

The consumer does not incur any costs for the full or partial delivery of digital content not delivered on a physical medium, if:

• They have not explicitly agreed to begin the fulfillment of the agreement before the end of the reflection period;

• They did not acknowledge losing their right of withdrawal when giving their consent; or

• The entrepreneur has failed to confirm this declaration from the consumer.

If the consumer exercises their right of withdrawal, all supplementary agreements are automatically dissolved.

Article 9 – Entrepreneur’s Obligations upon Withdrawal

If the entrepreneur allows the notification of withdrawal to be made electronically, they must immediately acknowledge receipt of this notification upon receiving it.

The entrepreneur must refund all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, promptly but within 14 days following the day on which the consumer notifies them of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may wait to refund until they have received the product or the consumer proves that they have returned the product, whichever occurs first.

The entrepreneur must use the same payment method for the refund as the one used by the consumer unless the consumer agrees to another method. The refund is free of charge for the consumer.

If the consumer has chosen a more expensive delivery method than the cheapest standard delivery, the entrepreneur is not obligated to reimburse the additional costs of the more expensive method.

Article 10 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly mentioned this in the offer, at least in a timely manner before the conclusion of the agreement:

• Products or services whose price is linked to fluctuations in the financial market over which the entrepreneur has no control and which may occur during the withdrawal period.

• Agreements concluded during a public auction. A public auction is defined as a sales method where products, digital content, and/or services are offered by the entrepreneur to a consumer who is personally present or given the opportunity to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is required to take the products, digital content, and/or services.

• Service agreements, after full performance of the service, but only if:

• The execution has begun with the explicit prior consent of the consumer; and

• The consumer has stated that they lose their right of withdrawal once the entrepreneur has fully executed the agreement.

• Package tours as referred to in Article 7:500 of the Dutch Civil Code and agreements for passenger transport.

• Service agreements for the provision of accommodation, if a specific date or period for execution is specified in the agreement, and other than for residential purposes, goods transport, car rental services, and catering.

• Agreements regarding leisure activities, if a specific date or period for the execution thereof is specified in the agreement.

• Products manufactured according to the consumer’s specifications, which are not prefabricated and are made based on an individual choice or decision of the consumer, or which are clearly intended for a specific person.

• Products that spoil quickly or have a limited shelf life.

• Sealed products that, for reasons of health protection or hygiene, are not suitable for return and whose seal has been broken after delivery.

• Products that, by their nature, are irrevocably mixed with other products after delivery.

• Alcoholic beverages whose price was agreed upon when the agreement was concluded but which can only be delivered after 30 days, and whose actual value depends on fluctuations in the market over which the entrepreneur has no control.

• Sealed audio, video recordings, and computer software, whose seal has been broken after delivery.

• Newspapers, magazines, or periodicals, except for subscriptions to them.

• The delivery of digital content other than on a physical medium, but only if:

• The execution has begun with the explicit prior consent of the consumer; and

• The consumer has stated that they lose their right of withdrawal.

Article 11 – The Price

During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.

In deviation from the previous paragraph, the entrepreneur may offer products or services with prices linked to fluctuations in the financial market over which the entrepreneur has no control, with variable prices. This dependency on fluctuations and the fact that any listed prices are indicative will be stated in the offer.

Price increases within 3 months after the conclusion of the agreement are only allowed if they result from legal regulations or provisions.

Price increases after 3 months from the conclusion of the agreement are only allowed if the entrepreneur has agreed to this, and:

• They result from legal regulations or provisions; or

• The consumer has the right to terminate the agreement as of the day the price increase takes effect.

The prices mentioned in the offer of products or services include VAT.

Article 12 – Performance of the Agreement and Additional Guarantee

The entrepreneur ensures that the products and/or services comply with the agreement, the specifications mentioned in the offer, reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also ensures that the product is suitable for use other than normal use.

An additional guarantee provided by the entrepreneur, its supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement if the entrepreneur has failed to fulfill its part of the agreement.

Additional guarantee means any commitment by the entrepreneur, its supplier, importer, or producer in which they grant the consumer certain rights or claims that go beyond what is legally required if they have failed to fulfill their part of the agreement.

Article 14 – Duration Transactions: Duration, Termination, and Extension

Termination:

The consumer can terminate an agreement that has been entered into for an indefinite period and that involves the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.

The consumer can terminate an agreement that has been entered into for a definite period and that involves the regular delivery of products (including electricity) or services at any time before the end of the agreed period, subject to the agreed termination rules and a notice period of no more than one month.

The consumer can terminate the agreements mentioned in the previous paragraphs:

• At any time, without being restricted to a specific time or period for termination;

• At least in the same way as the agreement was entered into by them;

• Always with the same notice period that the entrepreneur has agreed to for themselves.

Extension:

An agreement that has been entered into for a definite period and that involves the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a specific period.

In deviation from the previous paragraph, an agreement entered into for a definite period and that involves the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a period of up to three months, provided that the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.

An agreement that has been entered into for a definite period and that involves the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate it at any time with a notice period of no more than one month. The notice period may be up to three months if the agreement involves the regular, but less than once per month, delivery of daily, news, and weekly newspapers and magazines.

An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines for trial or introductory purposes (trial or introductory subscription) will not be tacitly extended and will automatically end after the trial or introductory period.

Duration:

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness prevent termination before the end of the agreed duration.

Article 15 – Payment

Unless otherwise specified in the agreement or additional terms, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or if no reflection period applies, within 14 days after the conclusion of the agreement. In the case of an agreement for the provision of a service, this period starts the day after the consumer receives confirmation of the agreement.

In the sale of products to consumers, the consumer may never be required to make a prepayment of more than 50%. If an advance payment is agreed upon, the consumer may not claim any right regarding the execution of the relevant order or service(s) until the agreed advance payment has been made.

The consumer has the duty to immediately notify the entrepreneur of any inaccuracies in the provided or stated payment details.

If the consumer fails to meet their payment obligations on time, they are liable for statutory interest on the outstanding amount after being notified by the entrepreneur about the late payment and being given a period of 14 days to fulfill their payment obligations. If payment is not made within this 14-day period, the entrepreneur is entitled to charge the consumer for any out-of-court collection costs incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the next €2,500; and 5% on the next €5,000, with a minimum of €40. The entrepreneur may deviate from these amounts and percentages in favor of the consumer.

Article 16 – Complaints Procedure

The entrepreneur has a sufficiently well-known complaints procedure and will handle the complaint in accordance with this procedure.

Complaints regarding the performance of the agreement must be submitted in full and clearly described within 2 months after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved through mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

For complaints, the consumer should first contact the entrepreneur. If the online store is a member of WebwinkelKeur and the complaint cannot be resolved through mutual agreement, the consumer should contact WebwinkelKeur (www.webwinkelkeur.nl), which will mediate for free. Check if the store has an active membership at https://www.webwinkelkeur.nl/ledenlijst/. If no solution is reached, the consumer has the option to have the complaint handled by the independent dispute committee appointed by WebwinkelKeur. The decision of this committee is binding, and both the entrepreneur and the consumer agree to this binding decision. There are costs associated with submitting a dispute to this committee, which must be paid by the consumer to the relevant committee.

It is also possible to submit complaints through the European ODR platform (http://ec.europa.eu/odr).

A complaint does not suspend the obligations of the entrepreneur unless otherwise indicated in writing by the entrepreneur.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will either replace or repair the delivered products free of charge, at their discretion.

Article 17 – Disputes

Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.

It is also possible to submit complaints through the European ODR platform (http://ec.europa.eu/odr).

Article 18 – Additional or Deviating Provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be laid down in writing or in such a way that the consumer can store them in an accessible manner on a durable data carrier.

Additional Terms and Conditions - Mobisite

Article 1 – Identity of the Entrepreneur

Entrepreneur’s name: Mobisite

Operating under the name(s): Mobisite

Registered address: Dreef 743956EV Leersum, Netherlands

Email address: info@mobisite.nl

Chamber of Commerce number: 74590324

VAT number: NL002477824B54

Article 2 – Applicability

These additional terms and conditions apply to every offer from Mobisite.

As far as legally allowed, we do not accept liability for indirect losses/damages resulting from primary damage or damage caused by unlawful acts, breach of contract, or otherwise, even if foreseeable, including (but not limited to) any:

• Loss of income or revenue;

• Loss of turnover;

• Loss of profits or contracts;

• Loss of expected savings;

• Loss of data; and

• Waste of management or office time.

Article 3 – Warranty

All items purchased from us come with a legal warranty according to European guidelines. Legal warranty means that a product must do what you can reasonably expect from it. This means that an item must be in good condition at delivery and should function properly with normal use. Unintentional damage is not covered by the warranty, and you will need to pay for repairs. Companies only cover hardware or manufacturing defects.

What is covered and for how long?

The warranty period begins on the purchase date by the main buyer of the insured refurbished device and also applies for the indicated period following that date.

All of our devices come standard with a 24-month warranty, including 12 months warranty for the battery and 6 months for accessories.

The warranty becomes void – as far as legally allowed – if the phone has been damaged due to incorrect usage. This includes damage such as:

• Damage caused by drop, pressure, shock, misuse, or moisture damage. Whether this is the case will be assessed by Mobisite staff.

• A broken or cracked screen is not covered by the warranty.

• Normal wear and tear of the phone and battery are not covered by the warranty.

• Damage caused by failure to follow instructions and/or improper or irresponsible use of the phone is not covered by the warranty.

• Software defects are not covered by the warranty.

• Removing a virus or other malware is not covered by the warranty.

• Damage caused by careless shipping of the phone is not covered by the warranty. You are responsible for packaging the phone properly for shipping.

• The warranty is void if the phone’s serial number or IMEI has been removed.

• If you physically open the phone, the warranty is void.

• If the phone is repaired by third parties, the warranty is void.

The warranty period for batteries is 1 year. The minimum battery capacity is 85% upon delivery, with a minimum of 70% of the original capacity by the end of the warranty period.

At Mobisite, we pay close attention to the battery’s condition and its technical state. All of our phones have a minimum battery capacity of 85%. iPhones with such a capacity function fully. If issues arise with the battery, they will be addressed under the warranty. According to standards set by Apple, iPhones with a battery capacity of 85% still work at optimal efficiency.

Last year, the average battery capacity of our refurbished iPhones was 97%. You can also return your device for free, after which it will be disposed of in an environmentally friendly manner.

Article 4 – Delivery

The risk of damage and/or loss of products lies with the entrepreneur until the moment of delivery to the consumer or a previously designated and notified representative, unless otherwise agreed.

The risk of damage and/or loss of return shipments lies with the consumer until the moment of delivery to Mobisite.

We deliver Monday through Saturday, excluding holidays. Delivery is made in the way indicated by the consumer. If there is a change in the delivery method, the consumer must inform Mobisite in a timely manner.