Terms & Conditions

Article 1 Definitions
  1. IONBASE B.V.: The private limited liability company trading under the name IONBASE, located in Amsterdam, Chamber of Commerce number 83860568, as well as authorized providers of IONBASE products appointed by IONBASE, are referred to as the seller in these general terms and conditions.
  2. Consumer: Any natural person, legal entity, or partnership, as well as their representative(s), agent(s), and assignee(s), who has entered into or intends to enter into an agreement with IONBASE for the sale of products to end users/consumers, whether it be in the case of a natural person (consumer) purchasing the products for personal use.
  3. Cooling-off period: The period within which the consumer can exercise their right of withdrawal.
  4. Right of withdrawal: The consumer’s right to withdraw from the agreement within the cooling-off period.
  5. Distance contract: An agreement concluded between the seller and their consumer through an organized system for the remote sale of products and/or services, whereby the agreement is concluded solely or partly through the use of one or more remote
    communication techniques.
  6. Remote communication technique: A means that can be used for the conclusion of an agreement between the consumer and IONBASE without both parties having to come together simultaneously in the same physical space.
  7. Day: Calendar day.
Article 2 Identity of the Company

IONBASE B.V.: Private Limited Liability Company operating under the name: IONBASE, located in Amsterdam.

Article 3 Applicability
  1. The general terms and conditions apply to every offer from the seller and to every distance contract concluded between the seller and the consumer.
  2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the seller will indicate before the distance contract is concluded how the general terms and conditions can be inspected by the consumer and that they will be sent to the consumer free of charge upon request as soon as possible. If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be electronically accessed and that they will be sent to the consumer electronically or in another way free of charge upon request. 
  3. If the consumer uses their own general terms and conditions, these will never apply to contracts concluded between the seller and the consumer.
Article 4 The offer and the agreement
  1. The offer contains a complete and accurate description of the products, digital content, and/or services offered. The description is detailed enough to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the offered products, services, and/or digital content. Obvious mistakes or errors in the offer do not bind the entrepreneur.
  2. Each offer contains information such that it is clear to the consumer what rights and obligations are associated with accepting the offer.
  3. A quotation made by IONBASE in favor of a consumer is at all times non-binding until an agreement is reached. IONBASE reserves the right to modify or cancel the quotation without providing a reason. 
  4. When information is required for the preparation of a quotation, the consumer is responsible for timely providing the seller with correct, relevant, and complete information in writing. The seller is exempt from claims by the consumer or third parties arising from incomplete and/or incorrect information provided by the consumer. 
  5. If the consumer wishes to cancel a concluded agreement, this is possible if it involves a standard product and if the seller has not yet  commenced execution. If it involves a customized product, cancellation is not possible without the consent of the seller. If the seller agrees to the cancellation of an agreement, all costs incurred for the agreement will be reimbursed by the consumer.
  6. All prices are based on delivery Ex Works [Incoterms 2010], and are exclusive of VAT, as well as transport costs, packaging materials, import duties, and other levies, taxes, and duties, unless explicitly stated otherwise in a quotation.
  7. If the offer/quotation is based on information provided by the consumer that proves to be incorrect or incomplete or subsequently changes, the seller has the right to adjust the prices and/or delivery times, without being liable for any resulting damage. Damage in this case falls to the consumer.
Article 5 Delivery and execution
  1. The delivery times provided by the seller are merely indicative and shall never be considered definitive by the consumer. If the seller fails to fulfill their delivery obligation or does so in an unreasonable manner, the consumer is entitled to terminate the agreement. The seller bears no liability for any damage to the consumer.
  2. The location/address provided by the consumer, when explicitly agreed upon in the contract, shall serve as the place of delivery. This place of delivery must be communicated in writing and agreed upon by both parties.
  3. Delivery takes place Ex Works, and the risk is transferred to the consumer upon delivery. Necessary risk insurances must be provided by the consumer. 
  4. The date of delivery is determined by the date on which the seller has informed the consumer that the products from the agreement are ready for shipment.
  5. Products from Ionbase are only intended for distribution within the European Union and Schengen countries. Ionbase accepts no liability when its products are distributed outside these countries.
Article 6 Right of withdrawal for product delivery
  1. The consumer reserves the right to return a product and terminate the agreement within a period of 14 days after receiving the product, without providing any reasons. Return costs are borne by the consumer. 
  2. Upon receiving the products, the consumer must immediately inspect them for any damage, defects, deficiencies, or faults. If the consumer observes any of the aforementioned issues, they must inform the seller in writing within 3 working days. Failure to contact the seller will be deemed as the products being received in good condition. Minor differences in color and finish that do not affect the functioning of the product are not grounds for terminating the agreement.
  3. Any other complaints falling within the warranty period must be promptly communicated to the seller in writing upon discovery. Consequences arising from the failure to report complaints, either in part or in full, are at the consumer’s risk. 
  4. In the case of a “custom” or tailor-made product, or a product made according to the consumer’s specifications, the right of withdrawal is ever applicable. 
  5. During the cooling-off period, the consumer must handle the product(s) and packaging material carefully. To exercise the right of  withdrawal during the cooling-off period, no damage should occur to the product or packaging due to the consumer’s fault while in their possession. If the right of withdrawal is exercised, the product and packaging materials  should be returned to the seller in their original condition, to the extent reasonably possible. 
  6. Returns take place using a method designated by the seller, in the original packaging, along with the original invoice. Any costs associated with return shipments are borne by the consumer.
  7. There is no right of withdrawal when a product has been altered or changed in composition by the consumer.
  8. If a complaint is found to be justified, the seller is responsible for addressing the complaints. The seller must either repair the product if possible or replace it. Whether a product is replaced or repaired is at the discretion of the seller.
  9. The right of withdrawal only applies to deliveries to countries covered by Ionbase’s liability. These are only countries within the European Union and Schengen countries (see Article 5.5).
Article 7 Warranty
  1. 1. The seller shall always deliver the products in line with the market and in good working condition, according to the applicable standards of the law and the industry.
  2. All IONBASE products come with a standard 2-year warranty. Outside this warranty period, no claims can be made under the warranty unless specifically stated otherwise in the warranty conditions applicable to the respective product.
  3. No warranty claim is possible when the consumer has not treated the product according to the instructions and/or has neglected the  product. Additionally, no warranty claim is possible in any of the following situations:
    1. Damage caused by external factors such as falls, water, corrosion, or improper transportation.
    2. Damage caused by incorrect connection of the battery, incorrect charging of the battery, or negligent/incorrect maintenance.
    3. Damage caused by extreme usage beyond the specified specifications, including but not limited to excessive discharge current, excessive charging voltage, undervoltage due to prolonged non-use, or unsuitable charger.
    4. Damage caused by careless or unskilled use of the battery or accessory.
    5. When the characteristics of the battery have been altered or additions have been made to the battery.
    6. When the warranty seal is broken.
    7. When the product is demonstrably used excessively beyond the market-conforming user profile.
    8. Due to the use of an unsuitable charger.
    9. 4. When the serial number of the product
  4. When the serial number of the product has been altered, made illegible, or removed, no warranty claim is possible. 
  5. If the product does not show excessive degradation, no warranty claim can be made based on the lifespan.
  6. If the warranty claim is recognized, the seller will replace or repair the product of their choice without charging any costs to the consumer.
  7. If the product is replaced as part of a warranty arrangement, the product to be replaced becomes the property of the seller.
  8. If there is no warranty right, the costs of transport and/or any investigation costs are borne by the consumer. 
  9. There is only a right to warranty for deliveries to countries covered by Ionbase’s liability.
  10. These are only countries within the European Union and Schengen countries (see Article 5.5).
Article 8 Liability
  1. The consumer must always take care to prevent any damage to the product or surroundings. 
  2. The seller accepts no liability beyond the explicitly agreed-upon warranties provided by the seller. These warranties are stated in the product’s warranty conditions. 
  3. The seller is only liable for directly incurred damage by the consumer that is a direct consequence of a demonstrable deficiency in the obligations agreed upon by the consumer and the seller in the applicable agreement. In no event shall the seller be responsible for indirect damages such as, but not limited to, consequential damages, delay damages, personal injury damages, immaterial damages, loss of profit, loss of use, or inability to use goods.
  4. The consumer must take all necessary measures to prevent or limit the damage. 
  5. The seller must be informed by the consumer of the damage suffered within 3 months of the consumer becoming aware or could have been aware of the damage. 
  6. Any (legal) claim expires after one year. 
  7. The seller is not liable, and the consumer cannot invoke any form of liability when the damage results from the situations mentioned in Article 7, paragraph 3.
  8. The consumer is fully liable for damages resulting from situations as mentioned in Article 7, paragraph 3, and expressly indemnifies the seller against all claims from third parties for compensation for this damage.
  9. Ionbase only accepts liability for products delivered to the markets authorized by Ionbase.
    This concerns products delivered within the European Union and Schengen countries.
Article 9 Payment
  1. 1. Payment of the invoice amount must be made within 5 working days after the invoice date unless expressly agreed otherwise, without any deduction or set-off. If the consumer fails to pay on time, they are immediately in default without any notice of default being necessary. Furthermore, the accuracy of an invoice is deemed to be confirmed if the consumer has not objected within this payment term. Any objections to the invoice must be reported within a reasonable period.
  2. If an invoice is not paid or not paid in full after the expiration of the term mentioned in the preceding paragraph, or if automatic collection is not possible, the consumer is in default and owes the seller, from the moment of default, commercial interest as referred to in Article 6:119a in conjunction with Article 6:120, paragraph 2 of the Dutch Civil Code, on the outstanding amount, with a minimum of 9%.
  3. 3. If payment is still not made after a reminder from the seller, the seller also has the right to charge the consumer extrajudicial collection costs amounting to 15% of the invoice amount, with a minimum of €150.00. 
  4. In case of non-payment by the consumer, the seller has the right to terminate the agreement without further notice of default by means of a written statement, or to suspend its obligations under the agreement until the consumer has paid or provided adequate security. The seller also has the right to suspend its obligations if it has reasonable grounds to doubt the creditworthiness of the consumer before the consumer is in default with payment.
  5. Payments made by the consumer are first deducted from all due interest and costs by the seller, and then from the oldest outstanding invoices, unless the consumer states in writing at the time of payment that it relates to a later invoice. 
  6. The consumer has no right of set-off. This also applies if the consumer applies for (provisional) suspension of payment or is declared bankrupt.
Article 10 Retention of ownership
  1. IONBASE retains ownership of all products delivered or to be delivered under the agreement until the consumer has fulfilled all payment obligations to the seller.
  2. The payment obligations referred to in the previous paragraph consist of paying the purchase price of the products, plus claims related to the delivery and claims arising from the consumer’s attributable failure to fulfill its obligations, such as claims for damages,  extrajudicial collection costs, interest, and any fines.
  3. As long as ownership of the delivered products is retained, the consumer may not pledge the products in any way or transfer them into the (actual) possession of a financier by means of pledge lists.
  4. The consumer must immediately inform IONBASE in writing if third parties claim to have ownership or other rights to the products subject to retention of title. 
  5. The consumer must carefully preserve the products as identifiable property of IONBASE as long as the retention of title applies. 
  6. The consumer must ensure that the products delivered under retention of title are at all times insured under a business or household insurance policy, and will provide IONBASE with access to the insurance policy and associated premium payment receipts upon first request.
  7. If the consumer acts in violation of the provisions of this article or if IONBASE invokes the retention of title, IONBASE and its employees have the irrevocable right to enter the consumer’s premises and retrieve the products delivered under retention of title. This is without prejudice to IONBASE’s right to claim compensation for damages, lost profits, and interest, and the right to terminate the agreement  without further notice of default, by means of a written statement.
Article 11 Intellectual property rights
  1. This article applies exclusively to IONBASE and not to its resellers/dealers. 
  2. IONBASE remains the holder of all intellectual property rights related to, arising from, or associated with the products delivered by IONBASE under the agreement, unless otherwise agreed upon in writing by the parties. The exercise of these rights is expressly and exclusively reserved for IONBASE, both during and after the execution of the agreement.
  3. This means, among other things, that the consumer may not replicate, modify, reproduce, etc., the products or parts thereof delivered by IONBASE. The consumer may not affix their logo to the product.
  4. The consumer guarantees that any information provided to IONBASE does not infringe upon the copyright or any other intellectual property rights of third parties. The consumer is liable for any damage suffered by the seller due to such infringements and indemnifies the seller against claims from these third parties.
Article 12 Force majeure
  1. In the event of force majeure on the part of the consumer or the seller, the seller has the right to terminate the agreement by written notice to the consumer or to suspend the performance of its obligations towards the consumer for a reasonable period without being obliged to pay any compensation.
  2. Force majeure on the part of the seller, within the context of these terms and conditions, is defined as an unforeseeable failure on the part of IONBASE, its subcontractors, suppliers, or other compelling reasons on the part of IONBASE.
  3. Circumstances constituting force majeure on the part of IONBASE shall include, among other things: war, riots, mobilization, domestic and foreign disturbances, government measures, strikes within the organization of the seller and/or the consumer or the threat thereof, disruption of currency exchange rates existing at the time of the conclusion of the agreement, business disruptions due to fire, burglary,  sabotage, power outages, internet or telephone connections, natural phenomena, (natural) disasters, as well as transport difficulties and delivery problems arising from weather conditions, roadblocks, accidents, import and export restricting measures, etc.
  4. If the force majeure situation occurs when the agreement has already been partially performed, the consumer must, in any case, fulfill his obligations towards the seller up to that moment.
Article 13 Specific provisions in case of consumers
  1. If the consumer is a natural person not acting in the course of his business, the provisions of Article 5 and following of Book 7, Title 1 of the Dutch Civil Code, as well as Articles 230m to 230s of Book 6 of the Dutch Civil Code, shall apply additionally between the parties.
  2. The seller has the right to request (partial) advance payment or any other security for payment from the consumer. The requested advance payment shall not exceed 50% of the agreed price. 
  3. In accordance with the distance selling regulations, the consumer has the right to a 14- day cooling-off period. This does not apply to custom-made products as per Article 6, paragraph 4.
  4. Payment must be made within a period of 5 working days from the invoice date, unless the parties have agreed otherwise in writing. The accuracy of an invoice is deemed accepted if the consumer does not object within this payment term. If an invoice remains unpaid or only partially paid after the expiration of the aforementioned term, or if no automatic debit has been made, and despite reminders, payment is not made, the seller has the right to terminate the agreement extrajudicially. If the product has been delivered despite nonpayment, the consumer remains obliged to make the payment.
Article 14 Final provisions
  1. The possible non-applicability of (part of) a provision of these Terms does not affect the applicability of the other provisions.
  2. In case of any discrepancy or inconsistency between these Terms and a translated version thereof, the Dutch text shall prevail. 
  3. These Terms also apply to subsequent orders or partial orders resulting from this agreement. 
  4. If IONBASE has already provided these general terms and conditions to the consumer on multiple occasions, there is a continuous  commercial relationship. In such cases, the seller is not required to provide the general terms and conditions again to make them applicable
    to subsequent agreements. 
  5. If the consumer fails to fulfill his obligations and IONBASE fails to demand performance from the consumer, this does not affect IONBASE’s right to demand performance at a later time. 
  6. Parties have the right to terminate and end the agreement with immediate effect in the following cases.
    a. The other party is declared bankrupt, surrenders its estate, files for suspension of payments, files an application as referred to in the Debt Restructuring (Natural Persons) Act, or has attachment placed on all or part of its property;
    b. The other party passes away or is placed under guardianship;
    c. The other party ceases or transfers its business, or a significant part thereof, including the contribution of its business to a newly  stablished or existing company, or makes changes to the objectives of its business;
    d. It is established that performance of the obligations by the other party will be impossible.
    As part of its business activities, IONBASE collects personal data, which it will handle in accordance with the provisions of the General Data  protection Regulation. By visiting the website, accepting the terms, and entering into the agreement, you agree to the processing of your data in accordance with the privacy statement posted on the website.
Article 15 Applicable law/jurisdiction
  1. The agreement between IONBASE and the consumer is governed exclusively by Dutch law. 
  2. The applicability of the Vienna Sales Convention (CISG) is expressly excluded. Any disputes arising from or relating to the agreement to which these terms and conditions apply, or the terms themselves and their interpretation or execution, whether of a factual or legal nature, shall be settled by the District Court of The Hague, unless the Sector Kanton is competent to hear the dispute according to jurisdiction  rules. In such a case, this forum shall be addressed, following the normal rules of relative competence. These terms and conditions have been deposited with the Chamber of Commerce and Factories.