Article 1 – Definitions

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

1. Offer: Any written offer made by SpotTracker to the Buyer regarding the delivery of Products to which these terms and conditions apply.
2. Company: A natural or legal person acting in the course of their commercial or professional activities.
3. Consumer: A natural person who is not acting for purposes relating to his trade, business, craft, or profession.
4. Buyer: Both the Company and the Consumer who enters into an agreement with SpotTracker.
5. Agreement: The purchase agreement (whether or not at a distance) 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, is responsible for the performance 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 delivered by SpotTracker.

Article 2 – Applicability

1. These general terms and conditions apply to every Offer made by SpotTracker, every Agreement with a Buyer, and to all Products offered by SpotTracker via the webshop or other channels.
2. Before a (remote) Agreement is concluded, the Buyer will be given the opportunity to take note of these general terms and conditions. If this is not reasonably possible, SpotTracker will indicate where and how these terms and conditions can be consulted, for example via the website, so that they can easily be stored on a durable data carrier.
3. Deviations from these general terms and conditions are only valid if they have been expressly agreed in writing with SpotTracker.
4. These terms and conditions also apply to any supplementary, amended, or follow-up 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 and conditions are wholly or partially invalid or are annulled, the remaining provisions will remain in full force. The provision(s) in question will be replaced by a provision that corresponds as closely as possible to the purpose of the original provision in terms of content.
6. Any ambiguities regarding the interpretation of one or more provisions, or situations not explicitly covered by these terms and conditions, shall be assessed in the spirit of these terms and conditions.
7. Wherever 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 made by 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 once 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 Products and/or any additional services offered, including the corresponding prices. SpotTracker strives for accuracy, but obvious errors or mistakes in text, prices, or images are not binding. Images, colors, sizes, and functionalities are indicative and may differ slightly from the final product.
4. The delivery times stated are indicative. Any exceeding of these times does not entitle the Buyer to compensation or termination, unless expressly agreed otherwise.
5. A composite quotation does not oblige SpotTracker to deliver 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 stocks last" principle, unless otherwise stated. A previous offer does not automatically apply to subsequent 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 to fulfill the associated obligations.

Article 4 – Formation of the Agreement

1. The Agreement between SpotTracker and the Buyer is concluded at the moment the Buyer accepts the Offer by ordering the relevant Product via the website and completing the payment.
2. SpotTracker offers can only be made via the webshop.
3. After accepting the Offer, the Buyer will receive written confirmation of the order by email. The Agreement is only binding after this confirmation.
4. If the Buyer's acceptance deviates from the Offer made, SpotTracker is not bound by it. The Agreement will then not be concluded, unless SpotTracker indicates otherwise.
5. SpotTracker is not bound by Offers that are clearly based on a mistake or obvious error (e.g., pricing or typing errors). The Buyer cannot assert any rights in this regard.
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 of receiving the product, without giving any reason. During this period, the consumer must handle the product and packaging with care. The product may only be unpacked or used to the extent necessary to determine its nature, characteristics, and functioning. Sealed products may only be returned if the seal has not been broken.
7. The direct costs of returning the product shall be borne by the Buyer, unless otherwise agreed.

Article 5 – Term of the Agreement

1. The Agreement between SpotTracker and the Buyer shall be concluded for the period necessary to deliver and process the Product, unless otherwise agreed in writing.
2. The Agreement shall automatically terminate upon full delivery of the Product and the expiry of any withdrawal period for Consumers.
3. SpotTracker and the Buyer have the right to terminate the Agreement in the event of an attributable failure to fulfill the obligations, provided that the other party has been given written notice of default and a reasonable period of time has been offered for remedial action.
4. Both parties may terminate the Agreement immediately in writing if the other party is declared bankrupt, has applied for a moratorium on payments, or ceases its business activities. In such cases, SpotTracker is not obliged to refund any amounts already received or to compensate for any damage.
5. If the Buyer cancels an order that has already been placed 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 vis-à-vis third parties and indemnifies SpotTracker against any claims from these third parties.

Article 6 – Performance of the Agreement

1. SpotTracker will perform the Agreement to the best of its ability and with due care.
2. If necessary, SpotTracker may have certain tasks performed by reliable third parties, for example for logistics or technical support.
3. The Buyer shall ensure that all necessary information and data required by SpotTracker to perform the Agreement is provided in a timely and correct manner. If this data is missing or incomplete, SpotTracker may suspend performance until the data is complete.
4. SpotTracker is not obliged to follow instructions from the Buyer that alter the content or scope of the Agreement. If such instructions result in additional work, the Buyer is obliged to reimburse the additional costs.
5. SpotTracker may require certainty from the Buyer in advance, for example through full prepayment, before proceeding with the execution.
6. SpotTracker shall not be liable for any 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 performance of the Agreement and 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 the terms and conditions of that party.
10. The Buyer remains responsible for performing or arranging for maintenance, such as software updates and battery replacement, in a timely manner. Failure to do so may result in reduced product performance, which is entirely at the Buyer's expense and risk. Damage caused by poor maintenance may void the warranty.

Article 7 – Product delivery

1. If delivery is delayed because the Buyer fails to provide all necessary information in a timely manner, fails to cooperate sufficiently, fails to make payment 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 of time to still deliver. Delays do not entitle the Buyer 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 carried out by SpotTracker or an external carrier. Shipping costs may be charged separately, unless otherwise agreed.
5. The delivery time only begins after all necessary information has been received from the Buyer.
6. Delivery times are indicative. Longer delivery times may apply for deliveries outside the Netherlands.
7. SpotTracker may deliver in parts, unless otherwise agreed. Partial deliveries may be invoiced separately.
8. Delivery will only take 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 provides sturdy packaging to ensure that the product arrives at its destination undamaged 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 any comments on the receipt serves as proof that the packaging was in good condition upon delivery.
4. Delivery will take 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 – Investigation, 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 shortcomings must be reported in writing within 7 days of 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 caused by careless use is at the expense of the Buyer.
3. If notification is provided in a timely manner, the payment obligation remains in effect. Returns are only permitted with prior written consent from SpotTracker and in accordance with the return instructions.
4. Consumers who exercise their right of withdrawal must return the product, including accessories, in its original condition and packaging, in accordance with the return instructions. Sealed products must not be opened in order to ensure safety. Return costs are borne by the Buyer.
5. SpotTracker reserves the right to examine the condition and authenticity of returned products before issuing a refund.
6. Refunds will be processed within 14 days of receipt of the return shipment and the termination statement and will be refunded to the specified account number.
7. Business customers may not suspend payment or offset invoices when exercising advertising rights.
8. In the event of missing or incomplete deliveries attributable to SpotTracker, SpotTracker will deliver the missing product or cancel the remaining order. SpotTracker cannot be held liable for any damage caused by deviations in delivery.

Article 10 – Installation work

1. SpotTracker will carry out the installation with the utmost care, as may be expected from a diligent contractor. All work will be carried out on the basis of a best-efforts obligation, unless a result has been expressly agreed in writing. SpotTracker does not guarantee that the work and/or products delivered are suitable for the Buyer's intended purpose.
2. All instructions, advice, and directions given by employees, subordinates, or third parties engaged by the Buyer are deemed to have been given with the Buyer's approval. Damage caused by unauthorized or unsolicited instructions is entirely at the Buyer's expense.
3. SpotTracker is entitled to engage third parties for the performance of work.
4. The scope of the work is limited to what has been agreed in writing or reported in the event of a malfunction. SpotTracker will inform the Buyer of any circumstances that may affect maintenance or performance.
5. The Buyer shall ensure that:
   • All necessary information, data, and documents are provided in a timely manner and in the desired format;
   • SpotTracker has access at agreed times to the location that complies with the applicable safety and working conditions;
   • Third parties engaged by the Buyer shall not cause any delay or obstruction;
   • There is sufficient space for the supply, storage, and removal of materials;
   • The location is suitable for carrying out work without obstruction;
   • Electricity connections are available; the costs thereof and any hours lost due to power outages are at the expense of the Buyer;
   • Sufficient facilities are available for waste collection;
   • There is a secure storage area for tools and materials; costs in the event of theft or damage are borne by the Buyer;
   • Other reasonable facilities are available at no additional cost to SpotTracker.
6. In the event of non-compliance with the above, SpotTracker may suspend the work until the Buyer fulfills its obligations. Any additional costs and delays shall be borne by the Buyer.
7. SpotTracker's decision not to demand immediate performance does not affect its right to demand performance at a later date.
8. Cancellation by the Buyer within 48 hours prior to the appointment will result in compensation for hired employees and lost hours by SpotTracker.
9. If agreed, SpotTracker can configure the products with an alarm center, for which the necessary data will be provided by the Buyer.

Article 11 – Additional and reduced work and changes

1. If, during the execution, it becomes apparent that adjustments or additional work are necessary to achieve the desired result, the Buyer is obliged to compensate for this additional work in accordance with the agreed (hourly) rate and material costs. SpotTracker may require a supplementary agreement.
2. In the case of a fixed price, SpotTracker will inform the Buyer of any additional costs due to extra work.
3. If unforeseen additional work is required that is not included in the fixed price, or if the price needs to be adjusted due to incorrect information provided by the Buyer, SpotTracker may pass on these costs after consultation. In the absence of the Buyer on site, SpotTracker may suspend or carry out work; costs shall be borne by the Buyer.
4. In the event of hidden defects or unforeseen circumstances, SpotTracker is entitled to charge additional costs.
5. Price changes resulting from legislation and regulations or changes to the agreement are at the expense of the Buyer.

Article 12 – Repairs and maintenance

1. If agreed in writing in a maintenance agreement, SpotTracker will carry out maintenance and/or repairs as agreed. SpotTracker will inform the Buyer of any circumstances that affect the availability of maintenance.
2. The buyer is obliged to report any defects, errors, or malfunctions to SpotTracker in writing. SpotTracker will repair or improve these defects as soon as possible in accordance with standard procedures. Temporary solutions may be offered, followed by a permanent solution in consultation with the buyer.
3. The buyer must cooperate with SpotTracker upon request for the performance of maintenance or repairs.

Article 13 – Delivery of installation

1. If the commencement, progress, or completion of the work is delayed because the Buyer fails to provide requested information in a timely manner, fails to cooperate sufficiently, fails to make payment 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 delivery period. All agreed deadlines are indicative and not strict deadlines.
2. All damage and costs resulting from the aforementioned delays shall be borne by the Buyer and may be charged by SpotTracker.
3. SpotTracker will endeavor to perform the work within the agreed time frame, insofar as this can reasonably be expected of it.
4. Working days are defined as all calendar days except recognized public holidays and weekends.
5. The buyer is responsible for the management, use, and maintenance of items delivered and/or installed by SpotTracker.
6. If SpotTracker indicates that the work is complete and the Buyer does not accept or commence use of the work within a reasonable period of time (subject to reservation), the work will be deemed to have been tacitly accepted. Minor defects that can be repaired within the maintenance period are not grounds for refusing delivery.
7. After delivery, the work is at the risk of the Buyer. The price remains payable regardless of loss or deterioration due to causes beyond SpotTracker's responsibility.
8. SpotTracker is not liable for defects that should reasonably have been discovered by the Buyer upon delivery, except in cases of intent or deliberate recklessness on the part of SpotTracker.
9. SpotTracker may perform delivery and/or execution in parts, whereby each partial delivery may be invoiced separately.

Article 14 – Prices

1. During the period of validity of the offer, prices will not be increased, unless due to changes in VAT rates.
2. The prices quoted are exclusive of VAT, unless otherwise stated.
3. Prices are based on the costs at the time of concluding the agreement, including import and export duties, transport, insurance, and other charges.
4. For products with price fluctuations, SpotTracker may use target prices, which may vary.
5. Additional costs for on-site work, travel, urgent work, or work outside office hours may be charged, unless otherwise agreed. Shipping costs are borne by the Buyer.
6. A budget is not binding unless otherwise agreed. Guide prices may be adjusted in the event of changes to the implementation, subject to timely notification and consultation.
7. SpotTracker may implement price increases in the event of changes in legislation and regulations, supplier prices, currency, transport costs, and wages between agreement and execution.
8. The buyer is required to pay a deposit and material costs in advance.
9. SpotTracker's time registration is binding, unless the Buyer provides convincing evidence to the contrary.
10. Any additional costs or increased risks during execution shall be compensated by the Buyer.

Article 15 – Payment and collection policy

1. Payment should preferably be made in advance in the invoice currency using the specified method, unless otherwise agreed.
2. The buyer cannot derive any rights from previously issued estimates unless otherwise agreed in writing.
3. Payment must be made in full to the specified account number. Exceptions are only possible with the written consent of SpotTracker.
4. SpotTracker may adjust periodic rates in writing with three months' notice if agreed.
5. In the event of liquidation, bankruptcy, or suspension of payments on the part of the Buyer, outstanding claims shall become immediately due and payable.
6. SpotTracker may allocate payments to costs, interest, and principal in that order, unless the Buyer specifies otherwise.
7. In the event of late payment, the Buyer (company) will be in default after 14 days, and the consumer after a written reminder with a term of 14 days.
8. From the date of default, statutory commercial interest is payable from the first day of default plus extrajudicial collection costs in accordance with the statutory scale.
9. Reasonably necessary additional costs and legal collection and enforcement costs shall be borne by the Buyer.

Article 16 – Retention of title

1. All items delivered by SpotTracker remain the property of SpotTracker until the Buyer has fully complied with all obligations arising from all agreements concluded with SpotTracker.
2. The buyer is not authorized to pledge or otherwise encumber goods subject to retention of title as long as ownership has not been fully transferred.
3. If third parties seize goods that have been delivered under retention of title, the Buyer is obliged to notify SpotTracker immediately.
4. SpotTracker is granted unconditional and irrevocable permission to enter locations where its property is located and to take back said property if it exercises its property rights.
5. SpotTracker may retain possession of the products until the Buyer has fulfilled their payment obligations in full. After payment, SpotTracker will deliver the products as soon as possible, within 20 working days at the latest.
6. Costs and damage resulting from the retention of products are at the expense and risk of the Buyer and must be reimbursed to SpotTracker upon first request.

Article 17 – Warranty

1. SpotTracker guarantees that the products comply with the agreement, specifications, and legal requirements at the time of the agreement, unless otherwise agreed in writing or in the case of use abroad, which has been reported.
2. Warranty is explicitly agreed in writing. Product warranties do not extend beyond those of the manufacturer. SpotTracker does not provide any warranty for sales or installation abroad. The warranty period is the responsibility of the manufacturer. SpotTracker is only responsible for features that the buyer could reasonably expect.
3. The buyer can only claim warranty if all payment obligations have been fulfilled in full.
4. In the event of valid warranty claims, SpotTracker will provide repair or replacement free of charge. The warranty will be void if:
   1. the warranty period has expired;
   2. the buyer is in default;
   3. the buyer has carried out repairs/installations themselves or through third parties;
   4. exposure to abnormal conditions or misuse;
   5. use of non-approved products;

Article 18 – Suspension and termination

1. SpotTracker may suspend performance or terminate the agreement if the Buyer fails to fulfill its (payment) obligations in full or in part.
2. SpotTracker may terminate the agreement without judicial intervention if the Buyer fails to fulfill its obligations in a timely or proper manner.
3. SpotTracker may terminate the agreement without notice of default in circumstances that make performance impossible or unreasonable.
4. Upon termination, all claims of SpotTracker shall become immediately due and payable. Upon suspension, SpotTracker shall retain its rights.
5. SpotTracker reserves the right to claim damages.

Article 19 – Limitation of liability

1. If SpotTracker is liable to the Buyer or third parties, that liability is limited to the costs charged in connection with the agreement, except in cases of intent or gross negligence.
2. SpotTracker is not liable for consequential damages, such as business interruption, loss of profits, lost savings, damage due to business interruption, or damage due to the use of delivered products. For consumers, the limitation applies in accordance with Article 7:24(2) of the Dutch Civil Code.
3. SpotTracker is not liable for damage caused by use of the product, except in cases of compliance with maintenance and usage instructions. Damage caused by wear and tear, damage due to falling, light and water damage, theft, and loss is excluded.
4. SpotTracker will be given the opportunity to remedy any defects within a reasonable period of time. The buyer is liable for damage caused by work carried out by it or by third parties.
5. The buyer is liable for loss, theft, or damage to items, tools, and materials used by SpotTracker during execution, including damage caused by imperfections at the location.
6. SpotTracker is not liable for damage caused by actions or omissions based on information on its website or linked websites.
7. SpotTracker is not responsible for errors or malfunctions in website functionality or for websites being unavailable.
8. SpotTracker does not guarantee the correct and complete receipt or transmission of emails.
9. Claims by the Buyer shall lapse if not reported in writing within one year of becoming known. All claims shall lapse no later than one year after termination of the agreement.