General Terms and Conditions

Definitions

In these General Terms and Conditions the following terms shall have the following meanings, except where stated otherwise:

IIM: the private company with limited liability under Dutch Law Innovation in Motion B.V., located at Korte Leidsedwarsstraat 12, 1017RC in Amsterdam and registered with the Trade Register of the Dutch Chamber of Commerce under number 66904846;

Webshop: name of the Webshop of IIM, being https://goslide.io;

Consumer: the natural person who does not act for purposes related to his/her commercial, trade, craft or professional activities;

Day: calendar Day;

Agreement: any and every agreement entered into between IIM and the Consumer, any amendment thereto and any actions or legal transactions connected with the execution of that agreement and, seen in retrospect, any and all actions and legal transactions necessary for entering into that Agreement;

Contract: a Contract/order concluded by IIM and the Consumer within the scope of an organized system for (distance) selling Products, and/or Services, including Contracts/orders that have been established with the use of one or more technologies of distance communication;

Products: any and all goods Offered by IIM on the Webshop which are the subject of a Contract and/or an Agreement;

Offer: any Offering concerning Products issued by IIM to the Consumer in any form whatsoever.

Reflection Period: the period during which the Consumer may use his right of withdrawal;

Sustainable Data Carrier: any means, including email, that allow the Consumer or IIM to store information directed to him/her personally in such a manner that makes future consultation and use possible during a period that matches the purpose for which the information is destined and which makes unaltered re-production of the stored information possible;

Applicability

  1. These General Terms and Conditions apply to any Offer from IIM and to any Contract and Agreement between IIM and the Consumer.
  2. In addition, one or more specific terms could apply from the Innovation in Motion’s Terms of Use, Privacy Notice, and Limited Warranty.
  3. The purchase of Products on the Webshop is for retail sales to private consumers only. As a consumer, the applicable legal regime may vary significant per country. Any disclaimers, exclusions and limitations of liability under these Terms and Conditions will not apply to the extent prohibited by applicable law. Please be advised to refer to the laws applicable in your specific country for a full description of your legal rights. Nothing in these General Terms & Conditions will affect any other legal right(s).
  4. Before concluding a Contract and/or Agreement, the text of these General Terms and Conditions shall be made available to the Consumer by electronic means in such a way that the Consumer can store it in an accessible manner on a Sustainable Data Carrier. If this is reasonably impossible, IIM shall indicate in what way the General Terms and Conditions can be inspected and that they will be sent if so requested by electronic means or otherwise without charge, before the Contract is concluded.
  5. Applicability of any General Terms and Conditions applied by Consumer is explicitly dismissed by IIM.
  6. Although the Webshop is accessible worldwide, IIM Products and/or Services Offered are not designed and tested for use in all countries. If the Consumer chooses to access the Webshop and/or use the Products and Services outside the Netherlands (as the "Target Country"), the Consumers does so on their own initiative, and they are solely responsible for complying with the applicable local laws in their country. To the extent permissible by law, IIM will not be responsible nor accepts any damage or loss caused by their access or use of the IIM, Products and/or Services in a non-Target Country.
  7. IIM reserves the right to change any term at any time. Please review all applicable Terms and Conditions each time prior to any purchase. The Terms and Conditions in force at the time of ordering will apply to the respective Contract and/or Agreement between IIM and Consumer.

The Offer and Placed Orders

  1. Obvious errors or mistakes in the Offer made by IIM to the Consumer are not binding for IIM, in the order placed by the Customer, neither in the (written) Contract and/or Agreement between IIM and the Consumer.
  2. All Offers contain such information that it is clear to the Consumer what rights and obligations are attached to accepting the Offer.
  3. IIM reserves the right to reject all or parts of an order or offer.

The Contract

  1. The Contract and/or Agreement becomes valid when the Consumer has accepted the Offer and fulfilled the Terms and Conditions set.
  2. If the Consumer accepted the Offer via electronic means, IIM shall promptly confirm receipt of having accepted the Offer via electronic means.
  3. IIM observes due care in informing the Consumer of the Product features, characteristics and other information applicable to the Products, but cannot warrant that these shall be free of deviations. Any specifications or samples demonstrated or made available shall be no more than indications of the Products concerned. If the Client should be able to demonstrate that the Products supplied by IIM deviate from the information provided by IIM or from the samples or specifications in such a way that the Client can no longer be obliged to comply with the Offer concerned, the Client shall have the right to dissolve the Contract and/or Agreement, to the extent however that such a dissolution should be necessary in reason and without IIM being liable for damages.

Compatibility

The compatibility of IIM Products may be specific to specific home setups. IIM observes due care in informing the Consumer of compatibility specifications through the Webshop. By purchasing the Products, Consumer acknowledges that they have verified the compatibility of the Product (in their home) before purchasing. A lack of compatibility only is not a valid claim under the warranty provided with any Product and does not otherwise constitute a basis for receiving a refund after the 14-Day refund policy under the Right of Withdrawal clause.

Services and Software Licence

  1. IIM grants the Consumer the non-exclusive and non-transferable right to use the software delivered by IIM or otherwise embedded in IIM’s Products or Services. The right of use includes the right to use the Software in object code This right of use only applies in combination with the equipment or other software products (e.g., API’s) supplied by IIM and is limited to reading out and managing the Products bought by Consumer from IIM. In addition to this, the Customer shall only be entitled to make copies of the software for back-up purposes.
  2. Where applicable (e.g., in case of API’s), the Customer shall only use the software in accordance with the instructions of the supplied user manual. The right of use is limited to non-business use. The Consumer shall not be allowed to make modifications, additions or adjustments to the software. The Consumer shall not be allowed to decompile the software or to decipher or approach the underlying source code in any other manner, unless and to the extent this is permitted pursuant to mandatory Dutch law.
  3. IIM may take technical measures for the protection of their software. If IIM has secured the software by means of technical protection, the Consumer shall not be allowed to remove, alter or circumvent this security.
  4. IIM may adjust the software if IIM considers this necessary (i) in connection with adjustments and/or improvements of IIM’s Services and Products, (ii) when errors are discovered or (iii) in the event of altered understanding of the software. If a point of improvement has become evident to the Consumer, he shall report this to IIM. It is up to IIM whether or not to adjust the software. IIM cannot be obliged to do so by the Consumer in any way. In the event of adjustments, IIM may inform the Consumer by e-mail and forward these adjustments. Adjustments to the system, whether or not as a result of evident errors in the software can in no way result in liability of IIM.
  5. The software contains confidential business information. The Consumer shall observe strict confidentiality in respect of the software and its operation.
  6. All Services and Software provided by IIM (e.g. in combination with IIM Products, such as Slide) will be governed also by IIM’s Terms of Use, available via the Webshop (https://goslide.io).

Right of withdrawal

  1. The Consumer can repudiate a purchase Contract for a Product without giving reasons for a Reflection Period of 14 Days.
  2. The Reflection Period referred to in paragraph 1 of this Article starts on the Day the Product is received by the Consumer or by a third party appointed by him in advance and who is not the carrier, or:
    • if the Consumer ordered several Products in the same order: the Day on which the Consumer or a third party appointed by him received the last Product. IIM may refuse an order of several Products with different delivery dates provided that it clearly informs the Consumer prior to the order process, or
    • in case the delivery of a Product consists of several batches or parts: the Day on which the Consumer or a third party appointed by him received the last batch or the last part, or
    • in case of an Agreement about regular delivery of Products during a given period: the Day on which the Consumer or a third party appointed by him received the first Product. 


Consumer’s obligations during the Reflection Period

  1. During this period, the Consumer shall handle the Product and the packaging with care. The Consumer shall only unpack or use the Product to the extent necessary for establishing the nature, the characteristics and the effect of the Product. The guiding principle is that the Consumer may only handle and inspect the Product in the manner in which one is allowed to handle a Product in a shop.
  2. The Consumer is liable for the decrease in value of the Product that is caused by the way of handling the Product which went further than allowed in paragraph 1 of this Article.

Exercising the consumer’s right of withdrawal

  1. If the Consumer exercises his right of withdrawal, he shall notify IIM unambiguously by notifying IIM’s customer support through support@goslide.io within the Reflection Period.
    • The notification shall supply IIM with the Contract/order number and date, and the relevant personal information (e.g., name, bank account number) to be able to execute the payment(s).
  2. The Consumer shall return the Product or deliver it to (the authorized representative of) IIM as soon as possible but within 14 Days. This need not be done if IIM Offered to collect the Product himself. The Consumer observed the period of returning the Product in any event if the Product is returned before the expiration of the Reflection Period.
  3. The Consumer shall return the Product with all delivered accessories and in the in the original state and packing, and in conformity with reasonable and clear instructions given by IIM.
  4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal fall on the Consumer.
  5. The Consumer shall bear the direct costs of returning the Product.
  6. In case of Services delivered by IIM, if performance of the Service has been started during the Reflection Period, the Consumer shall pay IIM an amount that is equal to the part of the obligation already performed at the time of withdrawal as compared with the full compliance of the obligation.

Obligations of IIM in case of withdrawal

  1. If IIM makes the notification of withdrawal by electronic means possible, he shall promptly send a return receipt.
  2. IIM shall reimburse all payments made by the Consumer in the original order, including any delivery costs that IIM may have charged to deliver the Product. Payment will be processed as soon as possible but within 14 Days following the Day on which the Product has arrived at (the authorized representative of) IIM, and only when the Product has been received and inspected by (the authorized representative of) IIM and meets the conditions specified in the above mentioned articles.
  3. IIM shall make use of the same means of payment that the Consumer used, unless the Consumer consents to another method. The reimbursement is free of charge for the Consumer.
  4. If the Consumer opted for a more expensive method of delivery instead of the cheapest standard delivery, IIM need not reimburse the additional costs for the more expensive method.

Pricing and Availability

  1. All Products in the Webshop are subject to availability.
  2. IIM reserves the right to impose quantity limits on any order, to reject all or part of an order and to discontinue Offering certain Products and/or Services without prior notice.
  3. Prices or quotes for Products and Services are subject to change at any time, but these changes will not affect any order for Products that have already been placed by the Consumer.
  4. In the event that IIM changes the pricing for any Service, IIM will give the Consumer advance notice of this change in accordance with the Notifications clause below. After receiving this notice, the Consumer will be deemed to have accepted the change in pricing.
  5. All prices indicated in the provision of Products or Services are including VAT or Sales Tax, if applicable in the relevant country.

Performance Agreement and extra guarantee

  1. IIM guarantees that the Products and/or Services comply with the Contract, with the specifications listed in the Offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the Day the Contract was concluded.
  2. In any event no claim can be made on paragraph 1 of this Article (i) in case of damage caused deliberately or with gross negligence, (ii) in case of normal wear and/or (iii) in case of damage from improper care or handling.
  3. An extra guarantee Offered by IIM, his supplier, manufacturer or importer shall never affect the rights and claims the Consumer may exercise against IIM about a failure in the fulfillment of the obligations of IIM if IIM has failed in the fulfillment of his part of the Agreement.
  4. ‘Extra guarantee’ is taken to mean each obligation by IIM, his supplier, importer or manufacturer in whom he assigns certain rights or claims to the Consumer that go further than he is legally required in case he fails in the compliance with his part of the Agreement.

Delivery and Execution Agreement

  1. IIM shall exercise the best possible care when booking orders and executing Product orders and when assessing requests for the provision of Services.
  2. The place of delivery is the address which the Consumer has provided to IIM
  3. The Consumer shall provide IIM with the correct delivery address and mail address. Any changes need to be reported immediately to IIM. If the Consumer has entered a wrong address for delivery, then the additional shipping costs will be for the account of the Consumer.
  4. Delivery takes place while supply lasts.
  5. The ownership of delivered Products will be transferred to the Consumer upon payment of the sum due. The risk of the Products passes upon delivery to the Consumer.
  6. IIM shall execute accepted orders with convenient speed but at least within 30 Days, unless another delivery period was agreed on. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within 30 Days after ordering. In such cases, the Consumer is entitled to repudiate the Contract free of charge.
  7. After repudiation in conformity with paragraph 6 of this Article, IIM shall promptly return the payment made by the Consumer.
  8. The risk of loss and/or damage to Products will be borne by IIM until the time of delivery to the Consumer or a representative appointed in advance and made known to IIM, unless explicitly agreed otherwise.
  9. All safety warnings, information, instructions, packaging, in-box materials, mobile apps and support Services are provided only in English and easily accessible via the IIM web shop (https://goslide.io). The Products available on the Webshop are not intended for use in any non-Target Country. The Consumer is responsible for complying with all applicable laws and regulations of the country for which the Product is destined. IIM is not liable or responsible if they break any such law.

Installation

Before and during any installation, please carefully consult the installation instructions of IIM’s Products (e.g. Slide) as they are supplied in the mobile app and on https://goslide.io. IIM is not responsible for any injury or damage caused by self-installation in any other way than indicated in the installation instructions.

Payment

  1. Unless otherwise stipulated in the Agreement or in the additional conditions, the amounts to be paid by the Consumer must be settled within 14 Days after the Reflection Period, or, if there is no Reflection Period, within 14 Days, after concluding the Agreement. In case of an Agreement to provide a Service, this period starts on the Day that the Consumer received the confirmation of the Agreement.
  2. The Consumer has the duty to inform IIM promptly of possible inaccuracies in the payment details that were given or specified. Payment orders at the bank or giro institute are for the account and risk of the party giving (or authorizing) the payment order.
  3. Consumer ensures that they are authorized to use the designated payment method and that they authorize IIM (or a third-party payment processor) to charge the payment method for the total amount of the order (including any applicable taxes and other charges). If the payment method provided cannot be verified, is invalid or is otherwise not acceptable, the order may be suspended or cancelled.

Warranties and Disclaimers

  1. As far as permitted by applicable law, the Webshop, and all content available on the Webshop, is provided on an "as-is" basis without (additional) warranties or conditions of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. All Products and Services purchased through the Webshop are provided on an "as-is" basis unless otherwise noted in the Limited Warranty which is available and easily accessible via the Webshop (https://goslide.io). The Consumer may choose whether to make a claim under these Terms and Conditions or the Limited Warranty or both, but they may not recover twice in respect of the same loss. To initiate a return under the Limited Warranty, the Consumer should contact support@goslide.io.
  2. The Consumer uses of IIM’s Products and Services at their own discretion and risk. As far as permitted by applicable law, the Consumer will be solely responsible for (and IIM disclaims) any and all loss, liability or damages resulting from the use of an IIM Product and/or Service, including damage or loss occurring in any personal situation, or to any system, plumbing, home, product, other peripherals connected to the Product, computer, mobile device and all other items and pets in the Consumer’s home.
  3. IIM does not guarantee or promise any specific level of energy savings, safety or other monetary benefit from the use of a Product and/or Services or any feature of them.

Limitation of Liability

Nothing in these Terms and Conditions and in particular within this clause 16 ("Limitation of Liability") shall attempt to exclude or limit liability that cannot be excluded under applicable law. To the maximum extent permitted by applicable law, in addition to the above warranty disclaimers, in no event will (a) IIM be liable for any indirect, consequential, exemplary, special, or incidental damages, including any damages for lost data or lost profits, arising from or relating to the Products, even if IIM knew or should have known of the possibility of such damages, and (b) IIM’s total cumulative liability arising from or related to the Products, whether in Contract or tort or otherwise, exceed the fees actually paid by the Consumer to (the authorized representative of) IIM for the Product at issue in the prior six (6) months (if any). This limitation is cumulative and will not be increased by the existence of more than one incident or claim. IIM disclaims all liability of any kind of IIM’s licensors and suppliers.

Force majeure

IIM and the Consumer are not obliged to fulfil any obligation, if they are prevented from doing so due to a circumstance not attributable to fault and which is not regarded as their responsibility, nor by virtue of the law, a legal action or a generally accepted notion, and/or beyond reasonable control, including, without limitation, acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, epidemic or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

Complaints procedure

  1. The Consumer can file complains through support@goslide.io.
  2. IIM clearly notifies the Consumer of the complains procedure on the Webshop and shall handle the complaint in accordance with this complaint procedure.
  3. Complaints about the performance of Contracts, Agreements and/or Products shall be filed as soon as possible, but within 14 Days once the Consumer has noticed the defects, comprehensive and clear with IIM.
  4. The complaints submitted to IIM shall be replied within a period of 14 Days after the date of receipt. Should a complaint require a foreseeable longer time of handling, IIM shall respond within 14 Days with a notice of receipt and an indication when the Consumer can expect a more detailed reply.

Privacy and security

IIM respects the privacy of the Consumer. IIM treats and processes all personal data transmitted to it in accordance with the applicable legislation, in particular the GDPR as applicable under Dutch and European Law. The Consumer agrees to this processing. For the purpose of protecting the Consumer’s personal data, IIM observes appropriate security measures.
  • All terms of IIM’s Privacy Policy apply to this clause. For more information, reference is made to the https://goslide.io.
  • Communications

    The Consumer communicates with IIM electronically when using the Webshop or when sending an email to IIM. The Consumer agrees that all Agreements, notices, disclosures and other communications that IIM provides to them electronically satisfy any legal requirement that such communications be in writing. When the Consumer orders on the Webshop, IIM collects and stores the Consumers email address. From that point forward, this email address is used to send information about Products and Services unless the Consumer explicitly opts-out of such emails using the opt-out link in the emails.

    Notifications

    IIM may provide notifications to the Consumer as required by law or for marketing or other purposes via (at its option) email to the primary email associated with their (previous) order(s), hard copy, or posting of such notice on the website. IIM is not responsible for any automatic filtering the Consumer or their network provider may apply to email notifications.

    Additional provisions

    1. Any possible derogations in respect of these General Terms and Conditions may be agreed upon only in writing. No rights can be derived from these deviations with regard to future Agreements.
    2. The administration of IIM serves as proof of purchase orders and requests of the Consumer, unless the Consumer proves otherwise. The Consumer acknowledges that electronic communication can serve as proof.
    3. IIM is entitled to transfer the rights and obligations under the Contract with the Consumer to a third party, by a single notification to the Consumer.
    4. In case and to the extent that any provisions of these General Terms and Conditions are cancelled or declared invalid, IIM shall draw up a new provision to replace the null/nullified provision, duly observing as much as possible the object and purpose of the annulled provision. The nullified provision or part thereof will be deemed to not form part of the Contract or Agreement between IIM and the Consumer. The legality, validity or enforceability of the remainder of these Terms and Conditions will remain in full force and effect.

    Governing law, Disputes and Arbitration

    1. These General Terms and Conditions, and any non-Contractual obligations arising thereto, between IIM and the Consumer are governed exclusively by the laws of The Netherlands. The court of Amsterdam (Netherlands) will have (exclusive) jurisdiction or any other court that has jurisdiction under relevant consumer protection laws in the Consumer’s jurisdiction.
    2. In case of any dispute between IIM or any of their representatives and the Consumer, the Consumer contacts IIM first. IIM’s goal is to resolve these disputes without any formal legal action and therefore request the Consumer to notify IIM of any dispute they have with IIM.
    3. Binding Arbitration. The Consumer and IIM agree that subject to section 11(f) (Protection of Confidentiality and Intellectual Property Rights), to submit any claim, dispute, action, cause of action, issue or request for relief arising out of or relating to these Terms and Conditions or the Consumer’s use of the Products and/or Services of IIM to binding arbitration rather than by filing any lawsuit in any forum other than set forth in this section.
    4. Furthermore, IIM and the Consumer agree that arbitration is final and binding and subject to only very limited review by a court. IIM also waives their right to any form of appeal, review or recourse to any court or other judicial authority, insofar as such a waiver may be validly made. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to the use of the Products and/or Services. Subject to section 11(f) (Protection of Confidentiality and Intellectual Property Rights), any dispute or claim made by the Consumer against IIM or IIM against the Consumer will be resolved by binding arbitration except that both parties may take claims to the small claims court if they qualify for hearing by such a court.
    5. Arbitration Procedures. The consumer must first present any claim or dispute to IIM by contacting IIM to allow him an opportunity to resolve the dispute. The Consumer may request arbitration if their claim or dispute cannot be resolved within 60 Days after presenting the claim or dispute to IIM. IIM may request arbitration against the Consumer at any time after it has notified the Consumer of a claim or dispute in accordance with section 16 (Notifications). The arbitration of any dispute or claim shall be conducted in accordance with the then current and applicable rules. The place of any arbitration will be Amsterdam, the Netherlands, and will be conducted in the English or Dutch language. Claims will be heard by a single arbitrator. The arbitrator may not award relief in excess of or contrary to what this Agreement provides, order consolidation or arbitration on a class wide or representative basis, award punitive or consequential damages or any other damages aside from the prevailing party’s actual damages or order injunctive or declaratory relief, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. Any arbitration shall be confidential and neither the Consumer, nor IIM, nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgement on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration section is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
    6. No class actions. There shall be no right or authority for any claims subject to this arbitration section to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general).
    7. Fees and Expenses. All administrative fees and expenses of arbitration will be divided equally between the Consumer and IIM. Each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration hearing.
    8. Protection of Confidentiality and Intellectual Property Rights. Notwithstanding the foregoing, IIM may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.

    Waiver

    Failure or delay by IIM to enforce any of these Terms and Conditions will not constitute a waiver of IIM’s rights against the Consumer and does not affect IIM’s right to require future performance thereof.

     

     

    This page was last updated Thursday 14th of February 2019.