Terms & Conditions – UpYourCarPlay
Version 29-09-2025
Article 1 – Definitions
In these Terms and Conditions, the following definitions apply:
Entrepreneur: The sole proprietorship UpYourCarPlay, located at Anna Blamanweg 15, 1613 MD Grootebroek, the Netherlands, email: upyourcarplay@gmail.com. This entity acts as the counterparty as referred to in Article 6:231(b) of the Dutch Civil Code.
Consumer: Any natural person not acting in the course of a profession or business who enters into a distance contract with the Entrepreneur, in accordance with Article 6:230g(1)(a) BW.
Distance Contract: Any agreement concluded between UpYourCarPlay and the Consumer within the framework of a system organised for distance sales or services, using exclusively one or more means of distance communication, as referred to in Article 6:230g(1)(e) BW.
Custom Product: A product specifically assembled to order, including devices with customised firmware or software, and any required mounting or installation materials as described in the product listing.
Product: Any electronic device or related accessories offered and delivered by UpYourCarPlay, including Custom Products.
Website: The online store and associated platforms of UpYourCarPlay, including its website and social media channels such as Instagram and TikTok.
Written Communication: Email, letter, or any digital medium legally recognised as “written” in accordance with Article 6:227a BW.
Consumer Documentation: All instructions, manuals, and product-related information provided by UpYourCarPlay to the Consumer.
Article 2 – Company Information
Entrepreneur: UpYourCarPlay (Sole Proprietorship)
Address: Anna Blamanweg 15, 1613 MD Grootebroek, the Netherlands
Email: upyourcarplay@gmail.com
KvK Registration Number: 98231928
VAT Number: NL004080891B37
Article 3 – Applicability
These Terms and Conditions apply to every offer by UpYourCarPlay and to every distance contract established between the Entrepreneur and the Consumer.
By placing an order and accepting the Terms and Conditions during checkout, the Consumer confirms having read, understood, and unconditionally accepted these Terms. Refusal to accept the Terms prevents the agreement from being formed.
Any general terms and conditions proposed by the Consumer are expressly rejected.
Consumers are advised to download and retain a copy of these Terms for their records.
Article 4 – The Offer
All offers on the Website are non-binding and constitute an invitation for the Consumer to submit an order. An offer only becomes binding once accepted and confirmed by UpYourCarPlay.
Product images are indicative; minor deviations in colour, shape, or finish may occur and do not constitute grounds for rejecting the product.
All Products are custom-assembled. The Consumer is responsible for accurately selecting all required product options. UpYourCarPlay is not liable for issues stemming from incorrect information supplied by the Consumer.
The Consumer is clearly informed—both on the product page and during checkout—that the right of withdrawal does not apply to Custom Products.
Article 5 – Formation of the Agreement
The agreement is concluded when the Consumer submits the order and UpYourCarPlay confirms it via email in accordance with Article 6:217 BW.
UpYourCarPlay may refuse an order in cases of suspected misuse, incomplete information, or prior non-payment.
Production of a Custom Product begins only after full payment has been received.
Article 6 – Right of Withdrawal
No right of withdrawal applies to Products from UpYourCarPlay, pursuant to Article 6:230p(f)(1°) BW.
All Products are custom-made according to the Consumer’s individual specifications. Therefore, orders cannot be cancelled or returned based on the statutory cooling-off period.
Consumers are expected to review available product photos, descriptions, and examples before purchasing.
Article 7 – Prices
All prices shown include VAT unless stated otherwise. Shipping charges and any additional costs are displayed during checkout.
Prices may vary based on selected configurations or firmware requirements. Changes do not affect already paid orders.
For destinations outside the European Union, Consumers must request a personalised quote before ordering. UpYourCarPlay may refuse orders outside the EU if prior contact has not taken place.
UpYourCarPlay is not liable for typographical or pricing errors. If a price is clearly incorrect, the order may be cancelled.
Article 8 – Warranty & Returns
Quality Guarantee:
All Products undergo thorough testing and inspection before shipping, including photographic and video documentation for verification.
Warranty Validity:
Returns are only accepted for proven internal technical defects present at the time of delivery, as defined under Article 7:17 BW. Damage caused by incorrect installation, misuse, or external influences is excluded.
Warranty Period:
12 months from the date of delivery, unless otherwise agreed in writing.
Warranty Exclusions:
Warranty is void in cases of:
- Physical damage (drops, impacts, force)
- Incorrect power supply or use of non-original power sources
- Overvoltage (more than 5V or 3A), which causes irreversible damage
- Defects caused by vehicle hardware such as faulty USB ports or wiring
Consumers must exclude their original USB port (part 5035726E) as the cause of any issue before submitting a warranty claim. The burden of proof lies with the Consumer.
Diagnostic Costs:
Consumers bear all costs for diagnostic components (such as replacement USB port 5035726E). Opened or used diagnostic items cannot be returned.
Return Shipping Costs:
All return shipping costs and risks lie entirely with the Consumer.
Article 9 – Delivery & Fulfilment
UpYourCarPlay processes all orders with the highest possible level of care, taking into account the customised nature of the Products. The processing time for manufacturing and preparing a Custom Product is as soon as reasonably possible, with a maximum of 14 working days after full payment has been received. UpYourCarPlay aims to hand over orders to the carrier immediately after production. The actual shipping time is not included in the processing time and depends on the destination and selected carrier.
Shipping times vary per country and carrier and are subject to the logistical planning of the transport company. All indicated processing and shipping times are estimates and do not constitute a strict deadline, unless expressly agreed otherwise in writing. The Consumer will be informed of the shipment in time or can track the order themselves using the Track & Trace code provided by email.
Uninsured shipping:
If the Consumer chooses uninsured shipping, they expressly acknowledge and accept that UpYourCarPlay bears no responsibility and offers no compensation in the event that the package is lost or damaged during transit. Consumers are strongly advised to choose insured shipping to minimise risks.
Loss of insured shipments:
If an insured shipment is reported lost, no replacement product will be sent and no compensation will be paid until the carrier has fully completed its investigation. UpYourCarPlay has no influence over the duration of this investigation. As long as the carrier has not concluded the investigation, the Consumer cannot claim replacement or refund.
If the carrier compensates the loss and UpYourCarPlay has actually received this compensation, UpYourCarPlay will reproduce the ordered Product as soon as possible and ship it to the Consumer. Monetary refunds are never possible for insured shipments. The investigation by the carrier must always be awaited before further steps are taken.
Incorrect or incomplete address:
The Consumer is at all times responsible for providing a complete and correct shipping address. UpYourCarPlay is not liable for delays, loss, or misdelivery caused by an incorrect or incomplete address submitted by the Consumer. Because a shipping label is created immediately after payment and cannot be edited afterwards, the Consumer must contact UpYourCarPlay as soon as possible if a correction is required. All costs for creating a new shipping label and resending the order are fully borne by the Consumer.
Article 10 – Payment
Orders must be paid using the available payment methods. Production starts after full payment.
Payments are processed through Mollie.
UpYourCarPlay is not liable for issues related to Mollie’s services (duplicate charges, technical failures, chargebacks, delays, etc.). Complaints about payment processing must be directed to Mollie.
Payment issues do not justify suspension of obligations toward UpYourCarPlay.
Article 11 – Complaints
Complaints must be submitted as soon as possible, clearly described, via email: upyourcarplay@gmail.com.
UpYourCarPlay responds within 14 days. If a longer period is needed, the Consumer will be notified.
Complaints are handled exclusively through UpYourCarPlay’s internal procedure. If the business is discontinued (Article 13), complaint processing stops permanently.
Article 12 – Liability
UpYourCarPlay is only liable for damage directly caused by a proven defect in the delivered Custom Product.
Indirect damage—such as consequential loss, loss of data, missed savings, or business interruption—is excluded.
UpYourCarPlay is not liable for damage resulting from incorrect installation, misuse, vehicle hardware issues, electrical faults, fire, water damage, or the use of non-authorised accessories.
Liability is at all times limited to the invoice value of the affected Product.
UpYourCarPlay is not liable for acts or omissions of third parties, unless caused by intent or deliberate recklessness by UpYourCarPlay itself.
If the company ceases operation (Article 13), all complaint rights expire.
Article 13 – Business Discontinuation & Force Majeure
UpYourCarPlay may suspend obligations or discontinue the business in case of force majeure (power outages, natural disasters, war, terrorism, epidemics, government measures, etc.), or for serious personal reasons such as health.
If the business is discontinued:
- All warranty rights expire immediately.
- Only outstanding orders may be refunded within 30 days if fulfilment is impossible.
- No further rights to repairs, replacements, or claims exist.
The Consumer acknowledges that business discontinuation constitutes a force majeure event as defined in Article 6:75 BW.
Article 14 – Applicable Law & Disputes
Dutch law exclusively applies to all agreements.
Disputes shall be submitted to the competent court in the Netherlands, in the district where UpYourCarPlay is registered.
Article 15 – Final Provisions
If any provision is void, the remaining provisions remain fully valid.
UpYourCarPlay may amend these Terms unilaterally. Updated Terms are published on the Website and apply to future orders.
Article 16 – Intellectual Property
All intellectual property rights relating to the Website, product designs, manuals, images, logos, and texts remain the exclusive property of UpYourCarPlay.
Copying, reproducing, distributing, or using this material without prior written consent is strictly prohibited.
Article 17 – Privacy & Data Processing
UpYourCarPlay processes personal data in accordance with the GDPR.
Only essential data is collected: name, address, email, and vehicle/dashboard details necessary for creating the Custom Product and shipping the order.
Personal data is used solely for fulfilling the order and communicating about the purchase. Data is not shared with third parties except carriers for shipping purposes.
Article 18 – Product Conformity
UpYourCarPlay guarantees that the Products conform to reasonable expectations of quality and usability, as described in the offer.
The warranty provisions of Article 8 complement these statutory rights and define when warranty applies.
