Sale of Goods

This Agreement is made between:

  • Battery Clerk B.V. Limited incorporated and registered in The Netherlands with company number 64440117, and registered office is at Corkstraat 46 Rotterdam 3047AC Netherlands, trading as Battery Clerk B.V. (“we”, “us”, “our”);

Battery Clerk B.V. registered VAT numbers are:

  • NL - NL855666791B01,
  • UK - GB259582656,
  • DE - DE313636528,
  • FR - FR91831143524,

and

  • The Customer (“you”, “your”).

BACKGROUND

Battery Clerk B.V. batteries and power accessories for any home, business, or mobile application. Battery Clark B.V. have batteries for scooters, wheelchairs, electronic games and toys, mobile phones, smartphones and PDAs, power tools, cameras and camcorders, laptops and notebook computers and offer replacements for over 1000 major brands (“Goods”) (Products”). The Customer wishes to engage Battery Clerk B.V. for the provision of its Products and Battery Clerk B.V. is willing to provide its Products to the Customer in accordance with the terms and conditions of this Agreement.

BY PLACING AN ORDER WITH US, YOU ARE AGREEING TO THE FOLLOWING TERMS

 

CONTENTS

  1. Interpretation
  2. How to Contact Us
  3. Your Order with Us and Our Contract with You
  4. Our Products
  5. Your Right to Make Changes
  6. Our Rights to Make Changes
  7. Providing the Products
  8. Delivery
  9. We may Suspend the Supply of Products
  10. Your Rights to end the Contract
  11. Your Right to Change Your Mind
  12. How to end the Contract with Us
  13. Returning Products After Termination of Contract
  14. Refunds
  15. Our Rights to end the Contract
  16. If There is a Problem with the Product
  17. Price and Payment
  18. Our Responsibility for Loss or Damage Suffered by You
  19. How We may Use Your Personal Information
  20. Transfer of Rights and Obligations Under These Terms
  21. Third Party Rights
  22. Severance
  23. Delays in Enforcing This Contract
  24. Governing Law and Jurisdiction
  25. Alternative Dispute Resolution

______________________________________________________________________________

 

  1. INTERPRETATION
    • The following definitions and rules of interpretation apply in this Agreement:
      • “Business Day” means 8:00am to 8:30pm, Monday to Friday (excluding public holidays in England).
      • “Document” includes (in additional to any document in writing) any drawing, plan, diagram, design, image, tape, disk, or any other device or record embodying information in any form.
      • “Intellectual Property Rights” or “IPR“ means patents; utility models; rights to inventions; copyright, neighbouring, and related rights; trademarks and service marks; business names and domain names; rights in get-up and trade dress, goodwill, and the right to sue for passing off or for unfair competition; rights in designs; database rights; rights to use, and to protective confidentiality of, confidential information (including know-how and trade secrets); and all other intellectual property rights, in each case whether registered or unregistered, and including all applications and rights to apply for and be granted renewals or extensions of, and rights to claim priority from such rights and all similar or equivalent rights or forms of protection, which subsist or will subsist, now or in future, in any part of the world.
      • VAT” means value added tax, chargeable under the Value Added Tax Act 1994.
      • References to “our website” are
        • to https://batteryclerk.co.uk/
        • https://batteryclerk.nl/
        • https://batteryclerk.fr/
        • https://batteryclerk.de/
        • https://batteryclerk.es/
        • https://batteryclerk.it/.
      • References to clauses are to the clauses of this Agreement.
      • Clauses and paragraph headings shall not affect the interpretation of this Agreement.
      • Unless the context otherwise requires, words in the singular shall include the plural, and words in the plural shall include the singular.
      • Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
      • Any words following the terms “including”, “include”, “in particular”, “for example”, or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase, or term, preceding or following those terms.
      • A reference to “writing” or “written” includes e-mail.
      • A reference to a person includes a natural person, corporate or unincorporated body (whether or not having a separate legal personality).
      • A reference to a party shall include that party’s personal representatives, successors, and permitted assigns.
      • A reference to a company shall include any company, corporation, or other corporate body, wherever and however incorporated or established.
      • A reference to a holding company or a subsidiary means a holding company or subsidiary as defined in section 1159 of the Companies Act 2006, and a company shall be treated for the purposes only of the membership requirement contained in section 1159(1)(b) and (c), as a member of another company, even if its shares in that other company are registered in the name of (a) another person, by way of security or in connection with the taking of security, or (b) its nominee.
      • A reference to a statute or statutory provision shall include all subordinate legislation made from time to time, under that statute or statutory provision.
      • Any obligation on a party not to do something includes an obligation not to allow that thing to be done.

 

  1. HOW TO CONTACT US
    • You can contact us by telephoning our customer service team at 44-0-808-134-9898, by email to support@batteryclerkeu.freshdesk.com, or by writing to us at Corkstraat 46 Rotterdam 3047AC Netherlands.
    • If we must contact you, we will do so by the telephone number, email address, or postal address you provided to us when placing your order.
    • If you are contacting us about an order you have placed with us, please have your order number at hand as we use this to locate the details of your order.

 

  1. YOUR ORDER WITH US AND OUR CONTRACT WITH YOU
    • We will send you an email to confirm our acceptance of the order you have placed for our Products, at which point, this contract will come into existence between you and us.
    • If we are unable to accept your order, we will inform you of this and will not charge you for the Product. Reasons for this may be because:
      • The Product is out of stock.
      • Of unexpected limits on our resources which we could not reasonably plan for.
      • A credit reference we have obtained for you does not meet our minimum requirements.
      • We have identified an error in the price or description of the Product.
      • We are unable to meet a delivery deadline you have specified.
    • If your order is accepted, we will assign an order number to your order and will notify you of this in our order confirmation email.

 

  1. OUR PRODUCTS
    • The images of the Products on our website are for illustrative purposes only and it is possible that your delivered Product may vary slightly from those images.
    • Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the Products.
    • Please note: The packaging of the Product may vary from that shown in images on our website.

 

  1. YOUR RIGHTS TO MAKE CHANGES
    • If you wish to make changes to your order, whether this before dispatch or in the case of ongoing contracts, after the Agreement has begun in respect of the Products yet to be delivered, please contact us and we will let you know if the change is possible.
    • If it is possible, we will let you know about any changes to the total cost of the Product, the timing of supply, or anything else which would be necessary as a result of your requested change. We will always ask you to confirm whether you wish to go ahead with the change.
    • If we cannot make the change, or the consequences of making the change are unacceptable to you, you may want to end this Agreement (see Clause 10).

 

  1. OUR RIGHTS TO MAKE CHANGES
    • We may make changes to the Product or to these terms, but if we do, we will notify you. In this instance, you may contact us to end this Agreement before the changes take effect and receive a refund for any Products paid for but not received.
    • We may change a Product:
      • To reflect changes in relevant laws and regulatory requirements.
      • To implement minor technical adjustments and improvements. For example, to address a security threat. We will contact you if the changes will affect your use of the Product.

 

  1. PROVIDING THE PRODUCTS
    • During the order process we will let you know when we will provide the Products to you:
      • If the Products you are purchasing are Goods, we will provide an estimated delivery date (“Delivery Deadline”) Any Delivery Deadline is an estimate only. Time is not of the essence in relation to any delivery dates.
    • We may need certain information from you so that we can supply the Products to you. For example, your name and delivery address. We will contact you to for such information. If you do not provide this information within a reasonable time of our request, or if you give us incomplete or incorrect information, we may either end the Agreement (and Clause 15.3 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Products late, or not supplying any part of them, if this is caused by you not giving us the information we need within a reasonable time of our request.
    • We are not responsible for delays outside our control. If these delays occur, we will contact you as soon as possible to let you know and will take steps to minimise the effect of the delay. Provided we do this, we are not be liable for delays caused by the event, but if there is a risk of substantial delay, you may contact us to end the Agreement and receive a refund for any Products you have paid for but not received.

 

  1. DELIVERY AND COLLECTION
    • You own the Goods once we have received payment in full, however, Goods will only be your responsibility from the time:
      • We deliver the Goods to the address you gave us; or
    • The delivery cost of the Goods you purchase will be as displayed to you on our website.
    • If no one is available at your address to take the delivery and the Goods cannot be posted through your letterbox, we will leave you a note informing you of how to re-arrange delivery or to collect the Goods from a delivery depot.
    • If after a failed delivery you do not re-arrange delivery or collect from a delivery depot, we will contact you for further instructions and may charge you storage fees and any further delivery costs.
    • If, despite our reasonable efforts, we are unable to contact you and are unable to re-arrange delivery or collection from a delivery depot, we may end the Agreement and Clause 15.3 will apply.
    • If we miss the Delivery Deadline for any Goods, then you may treat the Agreement as at an end straight away if any of the following apply:
      • We have refused to deliver the Goods.

 

  1. WE MAY SUSPEND THE SUPPLY OF PRODUCTS
    • We may suspend the supply of a Product to:
      • Deal with technical problems or make minor technical changes.
      • Update the Product to reflect changes in relevant laws and regulatory requirements.
      • Make changes to the Product as requested by you or notified by us to you (see Clause 6).
    • We will contact you in advance to tell you we will be suspending supply of the Product unless the problem is urgent or an emergency.
    • If we have to suspend the Product, we will adjust the price so that you do not pay for Products while they are suspended.
    • You may contact us to end the Agreement for a Product if we suspend it, or tell you we are going to suspend it and we will refund any sums you have paid in advance for the Product in respect of the period after you end the Agreement.
    • If you do not pay us for the Products on the date you are required (see Clause 17.7) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the Products until you have paid us the outstanding amounts. However, we will not suspend the supply of the Products where you dispute the unpaid invoice (see Clause 17.9).
    • As well as suspending the Products, we may also charge you interest on your overdue payments (see Clause 17.8).

 

  1. YOUR RIGHTS TO END THE CONTRACT
    • Your rights when you end the Agreement will depend on what you have bought, whether there is anything wrong with it, how we are performing, and when you decide to end the Agreement:
      • If what you have bought is faulty or misdescribed, you may have a legal right to end the Agreement, to get the Product repaired or replaced or to get some or all of your money back (see Clause 16).
      • If you are ending the Agreement for any of the following reasons, the Agreement will end immediately, and we will refund you for any Products which have not been provided:
        • We have told you about an upcoming change to the Product or to these terms which you do not agree to (see Clause 6).
        • We have told you about an error in the price or description of the Product you have ordered, and you do not wish to proceed.
        • There is a risk that supply of the Products may be significantly delayed because of events outside our control.
        • We have suspended the supply of the Products for technical reasons or we notify you of our plans to suspend them for technical reasons.
        • You are exercising your legal right to end the Agreement because of something we have done wrong, including where we have missed the Delivery Deadline (see Clause 8.7).
      • If you have just changed your mind about the Product, you may be able to get a refund if you are within the cooling-off period but this may be subject to deductions and you must pay the costs of return of any Goods unless this is a result of our error (see Clause 11).
      • In all other cases where we are not at fault and there is no right to change your mind, see Clause 11.4 and Clause 11.5.

 

  1. YOUR RIGHT TO CHANGE YOUR MIND
    • If you are a consumer, you have a legal right under the Consumer Contracts Regulations 2013 to change your mind about the Product within 14 days and receive a refund.
    • You do not have the right to change your mind in respect of:
      • Any Products which become mixed inseparably with other items after their delivery.
    • How much time you have to change your mind depends on what you have ordered and how it is delivered:
      • If you are a consumer and you bought Goods, you have 14 days after the date you, or someone you nominate, receive the Goods, unless:
        • Your Goods are split into several deliveries over different days. In this case you have until 14 days after the date you, or someone you nominate, receive the last delivery to change your mind.
        • Your Goods are for regular delivery over a set period. In this case, you have until 14 days after the date you, or someone you nominate, receive the first delivery of the Goods.
      • If you would like to end the Agreement before it is completed, where we are not at fault and you do not have a right to change your mind, you can contact us. We will confirm if we agree and let you know of any compensation you may owe. The following may apply at our absolute discretion:
        • We may end the Agreement immediately and refund any sums paid by you for Products not provided.
        • We may end the contract, but it will not end until 1 calendar month after the day on which you contact us. We will refund any advance payment you have made for Products which will not be provided to you. For example, if on 4th February you tell us you want to end the contract, we will continue to supply the Product until 3rd We will only charge you for supplying the Product up to 3rd March and will refund any sums you have paid in advance for the supply of the Product after 3rd March.
        • We may deduct from the refund (or if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract which shall be determined at our absolute discretion.
        • If you are a business user, you have no right to end this Agreement and are not entitled to receive a refund.

 

  1. HOW TO END THE CONTRACT WITH US
    • To tell us you want to end the Agreement with us, please let us know by doing one of the following:
      • Call our customer services on 44-0-808-134-9898 with your order number at hand.
      • Write to us at Corkstraat 46, Rotterdam, 3047AC, Netherlands. Please reference your order number and provide your name, home address, details of the order, and where available, your telephone number and/or email address.

 

  1. RETURNING PRODUCTS AFTER TERMINATION OF CONTRACT
    • If you end the Agreement for any reason after Products have been dispatched to you or you have received them, you must return them to us, receive credit or exchange the products by doing one of the following:
      • Post them back to us at Corkstraat 46, Rotterdam, 3047AC, Netherlands.
      • Allow us to collect them from you if the Goods are not suitable for posting. Please contact us for a return label or to arrange a collection.
    • If you are exercising your right to change your mind, you must send off the Goods within 14 days of telling us you wish to end the Agreement.
    • We will pay the costs of return, if:
      • The Products are faulty or misdescribed.
      • You are ending the Agreement because we have told you of an upcoming change to the Product or to these terms.
      • You are ending the Agreement because we made an error in pricing or description.
      • There was a delay in delivery due to events outside our control.
      • You have a legal right to end the Agreement as a result of something we have done wrong.
    • If Clause 13.3 applies, please contact us for a returns label.
    • In all other circumstances (including where you are exercising your right to change your mind), you are responsible for the costs of the return and if we are collecting the Product from you, we will charge you the direct cost to us of collection.
    • All products returned must:
      • In the same condition they were in when they were initially received by the customer;
      • be in their original packaging with all documentation, accessories and UPC codes.
    • If you do not follow the returns instructions, Battery Clerk B.V. will only refund up to 50% of the original cost of the item.
    • All returns or cancelled orders are subject to a 15% restocking fee, unless the product received was due to error, or if the product is defective.
      • No restocking fee will be charged for exchanged orders.

 

  1. REFUNDS
    • If a return or cancellation is accepted, we will refund you the price you paid for the Products by the method you used for payment and will make any refunds due to you as soon as possible.
    • If you are returning Goods, your should expect to receive your refund within two weeks, however in many cases you will receive the refund quicker.
    • You must request a refund for the original delivery costs by emailing us at support@batteryclerkeu.freshdesk.com. However, we do not provide a refund for delivery costs if you are retuning some, but not all of the Goods from your order. If we accept your request to refund the original delivery costs, the maximum refund will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a Product within 3-5 days at one cost, but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
    • We may make deductions from the refund due to you:
      • We may reduce your refund of the price to reflect any reduction in the value of the Goods if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
      • A partial refund will be given for any item that is not in its original condition, is damaged or is missing parts.
      • If you do not follow our returns instructions, you will only receive up to 50% refund of the products original price.
    • In order to return an item:
      • Please make sure you reference your order number, provide the reason for the return, and whether you would like a replacement or a refund.
    • Please send the goods to:

FOR UK:

BatteryClerk

Burside House

Cambridge Road, Middlesbrough

TS3 8AG,United Kingdom

 

FOR NL

BatteryClerk HC Group BV

Fahrenheitstraat 11

6003 DC, Weert, NL

 

  1. OUR RIGHTS TO END THE CONTRACT
    • We may write to you to let you know that we are going to stop providing the Product. We will let you know in advance of us stopping the supply of the Product and will refund any sums you have paid in advance for Products which will not be provided.
    • We may end the Agreement for a Product at any time by writing to you, if:
      • You do not make any payment to us when it is due, and you still do not make payment within 7 days of us reminding you that payment is due.
      • You do not, within a reasonable time of our request, provide us with information that is necessary for us to provide the Products.
      • You commit a material breach of any term of this Agreement where the breach is irremediable, or if such a breach is remediable, you fail to remedy that breach within 14 days of our written notice.
      • You repeatedly breach any of the terms of this Agreement in such a manner as to reasonably justify the opinion that your conduct is inconsistent with you having the intention or ability to give effect to the terms of this Agreement.
    • If we end the Agreement in the situations set out in Clause 15.2, we will refund any money you have paid in advance for the Products we have not provided, but we may deduct or charge you compensation for the net costs we will incur as a result of you breaking the Agreement.

 

  1. IF THERE IS A PROBLEM WITH THE PRODUCT
    • If you have any questions or complaints about the Product, please contact us. You can telephone our customer service team at 44-0-808-134-9898 or write to us at support@batteryclerkeu.freshdesk.com.
    • We are under a legal duty to supply Products that are in conformity with this Agreement. Nothing in these terms will affect your legal rights.
    • If you have purchased Goods:
      • The Consumer Rights Act 2015 says Goods must be as described, fit for purpose, and of satisfactory quality.
      • If the Goods we have supplied to you are faulty, you are entitled to up to 30 days to return them and receive a refund.
      • If the Goods cannot be repaired or replaced, you are entitled to a full refund, in most cases.
      • If the Goods do not last a reasonable length of time, you may be entitled to some money back.
    • If you wish to exercise your legal rights to reject Products, you must return them (see Clause 13).

 

  1. PRICE AND PAYMENT
    • The price of the Product, which includes VAT is the price indicated on the order pages when you placed your order (“Stated Price”).
    • Customers will be sent an invoice via email. This serves as a confirmation that the order was placed successfully.
    • Charges are to paid in GBP and Euros.
    • If the rate of VAT changes between your order date and the date we supply the Product, we will adjust the rate of VAT that you pay, unless you have already paid for the Product in full before the change in the rate of VAT takes effect.
    • Although we take care to ensure that the price of the Product advised to you is correct, it is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced.
    • We will normally check prices before accepting your order so that, where the Product’s correct price at your order date is less than our Stated Price at your order date, we will charge the lower amount. If the Product’s correct price at your order date is higher than the Stated Price advised to you, we will contact you for instructions before we accept your order.
    • If we accept and process your order where a pricing error is obvious and unmistakable, and could have been recognised by you as a mispricing, we may end the Agreement, refund you any sums you have paid, and require the return of any Goods provided to you.
    • We accept payment with:
      • Amex, Visa, Mastercard and Discover.
      • or via YES, PayPal, Mollie, Stripe, Bank Transfers and Apple Pay.
    • When you must pay depends on what Product you are buying:
      • We will take payment from you at the time you place your order.
      • You must pay each invoice submitted to you by us upfront.
    • If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount.
    • If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved, we will charge you interest on correctly invoiced sums from the original due date.

 

  1. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
    • “Foreseeable” means it is obvious that it will happen, or if at the time the Agreement was made, both we and you knew it might happen. For example, if you discussed it with us during the sales process.
    • If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a Foreseeable result of us breaking this Agreement, or our failing to use reasonable care and skill.
    • We are not responsible for any loss or damage that is not Foreseeable.
    • A failure or delay by a party to exercise any right or remedy provided under this Agreement or by law, shall not constitute a waiver of that (or any other) right or remedy.
    • We do not exclude or limit in any way, our liability to you where it would be unlawful to do so. This includes liability for:
      • Death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors.
      • Fraud or fraudulent misrepresentation.
      • A breach of your legal rights in relation to the Products including the right to receive Products which are; as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable care and skill; and for defective Products under the Consumer Protection Act 1987.
    • We only supply the Products for domestic and private use. If you use the Products for any commercial, business, or re-sale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

  1. HOW WE MAY USE YOUR PERSONAL INFORMATION
    • We will only use your personal information as set out in our Privacy Policy: [INSERT LINK TO PRIVACY POLICY].

 

  1. TRANSFER OF RIGHTS AND OBLIGATIONS UNDER THESE TERMS
    • We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer, you may contact us to end the Agreement within 90 days of us telling you about it and we will refund you any payments already made in advance for Products not provided.
    • You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

 

  1. THIRD PARTY RIGHTS
    • This Agreement is between you and us. No other person has any rights under this Agreement, or any rights to enforce any of its terms. Neither party will need to get the approval of any other person who is not a party to this Agreement in order to end the Agreement or make any changes to these terms.

 

  1. SEVERANCE
    • Each paragraph of these terms operates separately. If any court or relevant authority finds any paragraph of this Agreement unlawful, the rest will remain in full force and continue in effect.

 

  1. DELAYS IN ENFORCING THIS CONTRACT
    • If we do not insist immediately that you do anything that you are required to do under these terms, or if we delay in taking steps against you in respect of you breaking this Agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the Products, we can still require you to make the payment at a later date.

 

  1. GOVERNING LAW
    • This Agreement, and any dispute or claim arising out of or in connection with it, or its subject matter or formation (including non-contractual disputes), shall be governed by and construed in accordance with the law of England. We both agree that the courts of England and Wales will have exclusive jurisdiction. Except if you are a consumer and you live in Scotland, you may bring legal proceedings in respect of the Products in either the Scottish or the English courts, and if you live in Northern Ireland, you may bring legal proceedings in respect of the Products in either the Northern Irish or the English courts.


BY PLACING AN ORDER WITH US, YOU ARE AGREEING TO THESE TERMS AND CONDITIONS