Article 1 – Definitions

In these general terms and conditions, the following terms are used with the corresponding meaning, unless explicitly stated otherwise:

1. Offer: Any written offer from SpotTracker to the Buyer regarding the supply of Products to which these terms apply.
2. Business: A natural or legal person acting in the course of its commercial or professional activities.
3. Consumer: A natural person not acting for purposes related to his trade, business, craft, or profession.
4. Buyer: Both the Business and the Consumer who enters into an agreement with SpotTracker.
5. Agreement: The purchase agreement (whether at a distance or not) between SpotTracker and the Buyer concerning the sale and delivery of one or more Products.
6. Products: The products offered by SpotTracker via the webshop, including tracking cards, accessories, and other smart security solutions.
7. SpotTracker: The provider and seller of the Products, registered under the trade name SpotTracker, responsible for the execution of the agreement with the Buyer.
8. Services: Any additional services provided by SpotTracker, such as installation assistance, technical support, or software updates, if applicable.
9. Maintenance: Periodic updates, technical support, or repairs related to the Products supplied by SpotTracker.

Article 2 – Applicability

1. These general terms and conditions apply to every Offer from SpotTracker, every Agreement with a Buyer, and to all Products offered by SpotTracker via the webshop or other channels.
2. Before an Agreement (at a distance) is concluded, the Buyer will be given the opportunity to review these general terms and conditions. If this is not reasonably possible, SpotTracker will indicate where and how these terms can be consulted, for example via the website, so that they can be easily stored on a durable medium.
3. Deviations from these general terms and conditions are only valid if they have been explicitly and in writing agreed upon with SpotTracker.
4. These terms also apply to any additional, amended, or subsequent agreements between SpotTracker and the Buyer. The Buyer's general or purchasing terms and conditions are expressly rejected.
5. If one or more provisions of these terms are wholly or partially void or annulled, the remaining provisions shall remain in full force. The relevant provision(s) shall be replaced by a provision that as much as possible aligns with the purpose of the original provision.
6. Any uncertainties regarding the interpretation of one or more provisions, or situations not explicitly regulated in these terms, shall be assessed in the spirit of these terms.
7. Where these terms refer to "he/him/his" or "she/her", this should be read as gender-neutral and, where possible, applicable to all persons.

Article 3 – The Offer

1. All offers from SpotTracker are non-binding, unless stated otherwise in writing. If the Offer is limited or subject to specific conditions, this will be explicitly stated in the Offer. An Offer is only binding when it has been recorded in writing.
2. SpotTracker is only bound by the Offer if the Buyer confirms the offer in writing within 14 days or has completed the payment. SpotTracker reserves the right to refuse an order or Agreement for valid reasons.
3. The Offer contains a clear and complete description of the offered Products and/or any additional services, including the associated prices. SpotTracker strives for an accurate representation, but obvious errors or mistakes in text, prices, or images are not binding. Images, colors, dimensions, and functionalities are indicative and may slightly differ from the final product.
4. Stated delivery times are indicative. Any exceeding thereof does not give the Buyer the right to compensation or dissolution, unless explicitly agreed otherwise.
5. A composite price quotation does not obligate SpotTracker to deliver a part of the order for a corresponding part of the price.
6. Offers and promotions are valid while stocks last and according to the "while supplies last" principle, unless stated otherwise. A previous offer does not automatically apply to later purchases.
7. If the Offer is based on information provided by the Buyer and this information subsequently proves to be incorrect or incomplete, SpotTracker reserves the right to adjust prices, delivery times, and conditions. The Buyer is obliged to accept these changes and fulfill the associated obligations.

Article 4 – Formation of the Agreement

1. The Agreement between SpotTracker and the Buyer is formed at the moment the Buyer accepts the Offer by ordering the relevant Product via the website and completing the payment.
2. Offers from SpotTracker can only be made via the webshop.
3. After acceptance of the Offer, the Buyer will receive a written confirmation of the order by email. The Agreement is only binding after this confirmation.
4. If the acceptance by the Buyer deviates from the Offer made, SpotTracker is not bound by it. The Agreement is then not formed, unless SpotTracker indicates otherwise.
5. SpotTracker is not bound by Offers that are clearly based on a mistake or obvious error (e.g., price or typographical errors). The Buyer cannot derive any rights from this.
6. For business customers (companies), the right of withdrawal is excluded. Private customers (consumers) have the right to withdraw from the purchase within 14 days after receiving the product, without giving any reason. During this period, the consumer must handle the product and its packaging with care. The product may only be unpacked or used to the extent necessary to determine its nature, characteristics, and functioning. For sealed products, these can only be returned if the seal is unbroken.
7. The direct costs for returning the product are borne by the Buyer, unless otherwise agreed.

Article 5 – Term of the Agreement

1. The Agreement between SpotTracker and the Buyer is concluded for the duration necessary to deliver and process the Product, unless otherwise agreed in writing.
2. The Agreement ends automatically after full delivery of the Product and the expiration of any withdrawal period for Consumers.
3. SpotTracker and the Buyer have the right to dissolve the Agreement in case of an attributable failure in the performance of obligations, provided the other party has been given written notice of default and a reasonable period for rectification.
4. Either party may terminate the Agreement immediately in writing if the other party is declared bankrupt, has applied for a suspension of payments, or has ceased its business activities. In such cases, SpotTracker is not obliged to refund any amounts already received or compensate for any damage.
5. If the Buyer cancels an already placed order before it has been shipped, administration or processing costs may be charged. If the order has already been shipped, the return conditions as stated in these general terms and conditions apply.
6. The Buyer is responsible for any consequences of cancellations towards third parties and indemnifies SpotTracker against any claims from these third parties.

Article 6 – Execution of the Agreement

1. SpotTracker will execute the Agreement to the best of its ability and with due care.
2. If necessary, SpotTracker may have certain activities performed by reliable third parties, for example for logistics or technical support.
3. The Buyer ensures that all necessary information and data required by SpotTracker to execute the Agreement are provided in a timely and correct manner. If this data is missing or incomplete, SpotTracker may suspend execution until the data is complete.
4. SpotTracker is not obliged to follow instructions from the Buyer that modify the content or scope of the Agreement. If such instructions lead to additional work, the Buyer is obliged to compensate the additional costs.
5. SpotTracker may require security from the Buyer in advance, for example by full prepayment, before proceeding with execution.
6. SpotTracker is not liable for damage resulting from incorrect or incomplete information provided by the Buyer, unless SpotTracker was aware of this inaccuracy.
7. The Buyer indemnifies SpotTracker against claims from third parties related to the execution of the Agreement that are attributable to the Buyer.
8. For products connected to a monitoring service, SpotTracker may perform monitoring activities itself or through third parties.
9. The Buyer may choose to enter into a maintenance contract with a party recommended by SpotTracker, according to that party's terms and conditions.
10. The Buyer remains responsible for performing or having maintenance performed in a timely manner, such as software updates and battery replacement. Negligence can lead to reduced functionality of the product, which is entirely at the expense and risk of the Buyer. Damage due to inadequate maintenance may void the warranty.

Article 7 – Product Delivery

1. If delivery is delayed because the Buyer does not provide all necessary information in time, does not cooperate sufficiently, payment is not received on time, or due to circumstances beyond SpotTracker's control, SpotTracker is entitled to a reasonable extension of the delivery time. All delivery times are indicative and not strict deadlines. The Buyer must give SpotTracker written notice of default and a reasonable period to deliver. Delay does not give the right to compensation.
2. The Buyer is obliged to accept the delivered products at the time they are offered, even if this is earlier or later than agreed.
3. If the Buyer refuses delivery or provides insufficient information or instructions, SpotTracker may store the products at the Buyer's expense and risk.
4. Delivery is made by SpotTracker or an external carrier. Shipping costs may be charged separately, unless otherwise agreed.
5. The delivery period only begins after all necessary data from the Buyer has been received.
6. Delivery times are indicative. For deliveries outside the Netherlands, longer terms may apply.
7. SpotTracker may deliver in parts, unless otherwise agreed. Partial deliveries may be invoiced separately.
8. Delivery only takes place after all outstanding invoices have been paid, unless otherwise agreed. SpotTracker may refuse delivery if there is a well-founded fear of non-payment.

Article 8 – Packaging and Transport

1. SpotTracker ensures proper packaging so that the product arrives undamaged at its destination under normal use.
2. All deliveries include VAT, packaging and packaging materials, and any mandatory environmental contributions, unless otherwise stated.
3. Accepting the delivery without remarks on the proof of receipt serves as proof that the packaging was in good condition upon delivery.
4. Delivery takes place at the ground floor of the delivery address. Any vertical transport within the building is at the expense and risk of the Buyer.

Article 9 – Inspection, Complaints

1. The Buyer is obliged to inspect the delivered product immediately upon receipt, and no later than 7 calendar days thereafter. The Buyer may only unpack or use the product to the extent necessary to assess whether the product complies with the agreement.
2. Visible defects or shortages must be reported in writing within 7 days after delivery via support@spot-tracker.com. Hidden defects must be reported within 7 days of discovery, but no later than 3 months after delivery. Damage due to careless use is at the Buyer's expense.
3. Upon timely notification, the payment obligation remains in force. Returns are only permitted with prior written consent from SpotTracker and according to the return instructions.
4. Consumers exercising their right of withdrawal must return the product including accessories in its original state and packaging, according to the return instructions. Sealed products must not be opened to ensure safety. Return costs are borne by the Buyer.
5. SpotTracker reserves the right to inspect the condition and authenticity of returned products before a refund is issued.
6. Refunds will be processed and credited to the specified account within 14 days after receipt of the return shipment and the declaration of dissolution.
7. Business customers cannot suspend payment or offset invoices when exercising complaint rights.
8. In case of missing or incomplete deliveries attributable to SpotTracker, SpotTracker will deliver the missing product or cancel the remaining order. Any damage due to delivery discrepancies cannot be claimed from SpotTracker.

Article 10 – Installation Work

1. SpotTracker will perform the installation with the utmost care, as expected from a diligent contractor. All work is performed on the basis of a best-efforts obligation, unless a specific result has been explicitly agreed in writing. SpotTracker does not guarantee that the work and/or delivered products are suitable for the Buyer's intended purpose.
2. All instructions, advice, and directions given by employees, subordinates, or by third parties engaged by the Buyer are deemed to be given with the Buyer's approval. Damage caused by unauthorized or out-of-scope instructions is entirely at the Buyer's expense.
3. SpotTracker is entitled to engage third parties for the execution of the work.
4. The scope of the work is limited to what has been agreed in writing or reported for a malfunction. SpotTracker informs the Buyer of circumstances affecting maintenance or execution.
5. The Buyer ensures that:
   • All necessary information, data, and documents are provided on time and in the desired form;
   • SpotTracker has access to the location at agreed times, which meets applicable safety and working conditions;
   • Third parties engaged by the Buyer do not cause delay or obstruction;
   • There is sufficient space for the delivery, storage, and removal of materials;
   • The location is suitable for performing work without obstruction;
   • Electrical connections are present; costs for these and lost hours due to power outages are at the Buyer's expense;
   • Sufficient facilities are available for waste collection;
   • There is a secure storage space for tools and materials; costs in case of theft or damage are for the Buyer;
   • Other reasonable facilities are available without extra cost to SpotTracker.
6. In case of non-compliance with the above, SpotTracker may suspend the work until the Buyer fulfills its obligations. Any additional costs and delay are at the Buyer's expense.
7. Not immediately demanding performance by SpotTracker does not affect the right to demand performance later.
8. Cancellation by the Buyer within 48 hours before the appointment leads to compensation for hired personnel and lost hours by SpotTracker.
9. If agreed, SpotTracker may configure the products with an alarm monitoring center, for which the necessary data is provided by the Buyer.

Article 11 – Additional and Reduced Work and Changes

1. If during execution it appears that adjustments or additional work are necessary to achieve the desired result, the Buyer is obliged to compensate for these extra works according to the agreed (hourly) rate and material costs. SpotTracker may require an additional agreement.
2. For a fixed price, SpotTracker informs the Buyer about any additional costs due to extra work.
3. If unforeseen additional work is necessary that is not included in the fixed price, or if the price must be adjusted due to incorrect data from the Buyer, SpotTracker may charge these costs after consultation. If the Buyer is absent from the location, SpotTracker may suspend or execute work; costs are at the Buyer's expense.
4. In case of hidden defects or unforeseen circumstances, SpotTracker is entitled to charge additional costs.
5. Price changes due to legislation and regulations or changes to the agreement are at the Buyer's expense.

Article 12 – Repairs and Maintenance

1. If agreed in writing in a maintenance agreement, SpotTracker will perform maintenance and/or repairs as agreed. SpotTracker informs the Buyer of circumstances affecting the availability of maintenance.
2. The Buyer is obliged to report defects, errors, or malfunctions in writing to SpotTracker. SpotTracker will, in accordance with usual procedures, repair or improve these defects as soon as possible. Temporary solutions may be offered, followed by a permanent solution in consultation.
3. The Buyer must, upon request, cooperate with SpotTracker for the execution of maintenance or repairs.

Article 13 – Handover of Installation

1. If the commencement, progress, or handover of the work is delayed because the Buyer does not provide requested information on time, does not cooperate sufficiently, payment is not made on time, or due to other causes that are at the expense and risk of the Buyer, SpotTracker is entitled to a reasonable extension of the handover period. All agreed terms are indicative and not strict deadlines.
2. All damage and costs resulting from such delays are at the Buyer's expense and may be charged by SpotTracker.
3. SpotTracker makes every effort to perform the work within the agreed period, to the extent reasonably expected of it.
4. Working days are understood to be all calendar days except recognized holidays and weekends.
5. The Buyer is solely responsible for the management, use, and maintenance of items supplied and/or installed by SpotTracker.
6. If SpotTracker indicates that the work is ready and the Buyer does not accept or put the work into use within a reasonable period (subject to conditions), the work is deemed to have been tacitly accepted. Minor defects that can be repaired within the maintenance period are not grounds for refusing handover.
7. After handover, the work is at the Buyer's risk. The price remains due, regardless of loss or deterioration due to causes outside SpotTracker's responsibility.
8. SpotTracker is not liable for defects that the Buyer should reasonably have discovered upon handover, except in case of intent or conscious recklessness by SpotTracker.
9. SpotTracker may perform delivery and/or execution in parts, with each partial delivery being invoiced separately.

Article 14 – Prices

1. During the validity period of the offer, prices will not be increased, except due to changes in VAT rates.
2. The stated prices are exclusive of VAT, unless otherwise indicated.
3. Prices are based on costs at the time of concluding the agreement, including import and export duties, transport, insurance, and other levies.
4. For products with price fluctuations, SpotTracker may use guide prices, which are subject to variation.
5. Additional costs for on-site work, travel, urgent or out-of-office hours work may be charged, unless otherwise agreed. Shipping costs are borne by the Buyer.
6. A quotation is not binding unless otherwise agreed. Guide prices may be adjusted in case of changed execution after timely warning and consultation.
7. SpotTracker may implement price increases due to changes in legislation and regulations, supplier prices, currency, transport costs, and wages between agreement and execution.
8. The Buyer is obliged to pay advance payments and material costs upfront.
9. SpotTracker's time registration is binding, unless the Buyer provides convincing counter-evidence.
10. Additional costs or increased risk during execution must be compensated by the Buyer.

Article 15 – Payment and Collection Policy

1. Payment should preferably be made in advance in the invoice currency via the indicated method, unless otherwise agreed.
2. The Buyer cannot derive any rights from previously issued quotations unless otherwise agreed in writing.
3. Payment must be made in full to the specified bank account. Deviations are only possible after written consent from SpotTracker.
4. SpotTracker may adjust periodic rates in writing with 3 months' notice if agreed.
5. In case of liquidation, bankruptcy, or suspension of payments by the Buyer, outstanding claims become immediately due and payable.
6. SpotTracker may allocate payments to costs, interest, and principal in this order, unless the Buyer specifies otherwise.
7. In case of non-timely payment, the Buyer (business) is in default after 14 days, and the consumer after a written reminder with a 14-day period.
8. From the date of default, statutory commercial interest is due from the first day of default plus extrajudicial collection costs according to the statutory scale.
9. Reasonably necessary additional costs and judicial collection and execution costs are at the Buyer's expense.

Article 16 – Retention of Title

1. All items supplied by SpotTracker remain the property of SpotTracker until the Buyer has fully fulfilled all obligations under all agreements concluded with SpotTracker.
2. The Buyer is not authorized to pledge or otherwise encumber items under retention of title until ownership has been fully transferred.
3. If third parties seize items supplied under retention of title, the Buyer is obliged to immediately inform SpotTracker thereof.
4. SpotTracker receives unconditional and irrevocable permission to enter places where its property is located and to reclaim it if it exercises its ownership rights.
5. SpotTracker may withhold products as long as the Buyer has not (fully) met its payment obligations. After payment, SpotTracker will deliver the products as soon as possible, at the latest within 20 working days.
6. Costs and damage resulting from the withholding of products are at the expense and risk of the Buyer and must be compensated to SpotTracker upon first request.

Article 17 – Warranty

1. SpotTracker warrants that the products comply with the agreement, specifications, and legal regulations at the time of the agreement, unless otherwise agreed in writing or for use in a foreign country of which notice has been given.
2. Warranty is explicitly agreed in writing. Product warranties do not extend beyond those of the manufacturer. SpotTracker does not provide warranty for sale or installation abroad. The warranty period falls under the responsibility of the manufacturer. SpotTracker is only responsible for characteristics that the Buyer could reasonably expect.
3. The Buyer can only claim warranty if all payment obligations have been fully satisfied.
4. In case of justified warranty claims, SpotTracker will provide free repair or replacement. Warranty is void if:
   1. the warranty period has expired;
   2. the Buyer is in default;
   3. the Buyer or third parties have performed repairs/installations;
   4. exposure to abnormal conditions or improper use;
   5. use of non-approved products;

Article 18 – Suspension and Dissolution

1. SpotTracker may suspend performance or dissolve the agreement if the Buyer fails to fulfill (payment) obligations or does not fulfill them completely.
2. SpotTracker can dissolve the agreement without judicial intervention if the Buyer does not meet obligations in a timely or proper manner.
3. SpotTracker can dissolve the agreement without notice of default in case of circumstances that make performance impossible or unreasonable.
4. Upon dissolution, all claims of SpotTracker become immediately due and payable. In case of suspension, SpotTracker retains its rights.
5. SpotTracker reserves the right to claim damages.

Article 19 – Limitation of Liability

1. If SpotTracker is liable towards the Buyer or third parties, that liability is limited to the costs charged in connection with the agreement, except in case of intent or gross negligence.
2. SpotTracker is not liable for consequential damage, such as business damage, loss of profit, missed savings, damage due to business stagnation, or damage from use of delivered products. For consumers, limitation applies according to Article 7:24 paragraph 2 of the Dutch Civil Code.
3. SpotTracker is not liable for damage resulting from use of the product, except when maintenance and usage instructions are followed. Damage from wear and tear, impact damage, light and water damage, theft, and loss is excluded.
4. SpotTracker must be given the opportunity to rectify defects within a reasonable period. The Buyer is liable for damage caused by work performed by them or third parties.
5. The Buyer is liable for loss, theft, or damage to items, tools, and materials used by SpotTracker during execution, including damage due to imperfections at the location.
6. SpotTracker is not liable for damage resulting from actions or omissions based on information on its or linked websites.
7. SpotTracker is not responsible for errors or malfunctions in website functionality and unavailability of websites.
8. SpotTracker does not guarantee correct and complete receipt or sending of emails.
9. Claims by the Buyer expire if not reported in writing within one year of becoming known. All claims expire at the latest one year after termination of the agreement.