Article 1 - Definitions
Power Nation: Power Nation, Chamber of Commerce number 81661029
Customer: the party with whom Power Nation has entered into an agreement.
Parties: Power Nation and Customer together.
Consumer: a Customer who is also an individual acting as a private person.
Article 2 - Applicability
These terms apply to all quotations, offers, activities, orders, agreements, and deliveries of services or products by or on behalf of Power Nation.
Power Nation and the Customer can only deviate from these terms if agreed upon in writing.
Power Nation and the Customer explicitly exclude the applicability of the general terms and conditions of the Customer or any third parties.
Article 3 - Offers and Quotations
Offers and quotations from Power Nation are non-binding unless explicitly stated otherwise.
An offer or quotation is valid for a maximum of 2 weeks unless a different term is stated in the offer or quotation.
If the Customer does not accept an offer or quotation within the applicable period, the offer or quotation expires.
Offers and quotations do not apply to repeat orders unless Power Nation and the Customer agree in writing.
Article 4 - Acceptance
Upon acceptance of a non-binding quotation or offer, Power Nation may revoke the offer or quotation within 3 days after receiving the acceptance without the Customer deriving any rights from it.
Verbal acceptance by the Customer only binds Power Nation after the Customer has confirmed it in writing or electronically.
Article 5 - Prices
Power Nation applies prices in euros, including VAT and excluding any additional costs such as administrative or shipping fees unless agreed otherwise in writing.
Power Nation may change the prices of its services and products on its website and in other publications at any time.
Power Nation and the Customer agree on a total price as a guideline for a service, unless otherwise agreed in writing.
Power Nation may deviate up to 10% from the guideline price.
If the guideline price exceeds by more than 10%, Power Nation must inform the Customer in a timely manner with a justification.
The Customer may cancel the portion of the order that exceeds the guideline price (plus 10%) if the price increase surpasses the agreed limit.
Power Nation will inform the Customer of any price adjustments before they take effect.
A Consumer may terminate the agreement with Power Nation if they disagree with a price increase.
Article 6 - Payments and Payment Terms
Power Nation may require a deposit of up to 50% of the agreed amount upon entering into the agreement.
The Customer must complete a post-payment within 14 days after delivery.
Payment terms used by Power Nation are strict deadlines. If the Customer has not paid by the last day of the payment term, they are automatically in default without the need for a reminder or notice of default.
Power Nation may condition a delivery on immediate payment or require security for the total amount of services or products.
Article 7 - Consequences of Late Payment
If the Customer does not pay within the agreed term, Power Nation may charge statutory interest per month for non-commercial transactions and commercial transactions, calculated from the day the Customer is in default.
If the Customer is in default, they must also pay extrajudicial collection costs and any compensation for damages to Power Nation.
Collection costs are calculated according to the Dutch Extrajudicial Collection Costs Compensation Decree.
If the Customer does not pay on time, Power Nation may suspend its obligations until the Customer has paid.
In the event of liquidation, bankruptcy, attachment, or suspension of payment by the Customer, Power Nation’s claims on the Customer become immediately due.
If the Customer refuses to cooperate with the performance of the agreement, they must still pay the agreed price.
Article 8 - Right of Withdrawal
A Consumer may cancel an online purchase within 14 days without giving reasons, except in the following cases:
The service relates to accommodation, travel, catering, transportation, or leisure activities.
It concerns an urgent repair.
It relates to betting or lotteries.
The Consumer has waived their right of withdrawal.
The service is fully executed with the Consumer’s consent before the withdrawal period ends.
The 14-day withdrawal period starts:
When the Consumer enters into an agreement for service delivery.
When the Consumer confirms they will receive digital content online.
The Consumer can exercise their withdrawal right by sending an email to info@power-nation.nl, optionally using the withdrawal form available on www.power-nation.nl.
Article 9 - Suspension Right
Unless the Customer is a Consumer, they waive the right to suspend any obligations under this agreement.
Article 10 - Retention Right
Power Nation may retain the Customer’s products until the Customer has paid all outstanding invoices unless sufficient security is provided.
The retention right applies even for previous agreements where the Customer still owes money.
Power Nation is not liable for damages suffered by the Customer due to the exercise of this retention right.
Article 11 - Setoff
Unless the Customer is a Consumer, they waive the right to set off any debt to Power Nation against a claim against Power Nation.
Article 12 - Insurance
The Customer must sufficiently insure and keep insured the following:
Delivered goods essential for fulfilling the agreement.
Power Nation’s goods present at the Customer’s location.
Goods delivered under retention of title.
The Customer must present the insurance policy to Power Nation upon request.
The Customer must take out a CAR insurance policy unless otherwise agreed.
The Customer cannot claim compensation for damages covered by these insurances unless otherwise agreed.
Article 13 - Cancellation of Assignment
The Customer may terminate the assignment at any time.
If the Customer cancels the assignment, they must pay the agreed compensation and costs incurred by the service provider.
Article 14 - Complaints
The Customer must report complaints about services immediately in writing to Power Nation with a detailed description.
A complaint does not entitle the Customer to demand additional work beyond the agreement.
Article 15 - Warranty
If the agreement involves a service, Power Nation only has an obligation of effort, not a result obligation.
Article 32 - Applicable Law and Jurisdiction
Dutch law applies to these terms.
The court in Power Nation’s district has exclusive jurisdiction over disputes unless the law dictates otherwise.
Drafted on February 13, 2025.
