Terms & Conditions – UpYourCarPlay
Version 29-05-2025
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)
- Use of an incorrect SD card: This can cause damage to the screen and may cause the screen to repeatedly restart. If this occurs, we can read the device and the warranty will be void. We therefore recommend that, if you want to use the dashcam, you order an SD card together with an UpYourCarPlay screen.
- 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.
Tip: If you suspect there are issues with the USB device, it can first be tested on a power bank with a maximum output of 5V / 3A. If the screen shows no problems during this test, it can be concluded that the USB port is not defective, and you can order a replacement via our website.
Return Shipping Costs:
All return shipping costs and risks lie entirely with the Consumer.
Returning Accessories:
The return of accessories is always at the expense of the Consumer.
Surcharge for Free Shipping:
If an order contains only accessories and free shipping within the Netherlands was selected, a fixed shipping surcharge of €8.25 including VAT will be deducted upon return. This amount covers the shipping costs incurred for the original delivery.
This surcharge will be automatically deducted from the refund amount.
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.
Shipping Outside the EU:
Shipments to destinations outside the EU are sent with 0% VAT. However, local VAT/import tax must still be paid in the destination country by the recipient. If these costs are not paid and the shipment is refused, the package will remain at customs or be returned to us. Because this concerns a custom-made product, no refund can be issued in case of refusal or non-payment of import fees.
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: info@upyourcarplay.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 that is directly and demonstrably caused by a defect in the delivered custom product. The liability of UpYourCarPlay is limited to the value of the product as stated on the invoice, excluding shipping costs.
UpYourCarPlay shall never be liable for indirect damage, including but not limited to consequential loss, lost profits, missed savings, loss of data, or business interruption. This also applies to damage resulting from incorrect or unprofessional use or installation of the product by the consumer.
The company shall not be liable in any way for personal injury, material, or immaterial damage arising from the use of the electronic product, including but not limited to fire, short circuit, explosion, power damage, water damage, or fire damage. By purchasing the product, the consumer accepts that such risks are inherent to electrical equipment and may occur, regardless of any defect in the product.
The company is not liable for damage resulting from power fluctuations, power outages, incorrect voltage supply, or the use of unauthorized adapters or accessories. Likewise, the company is not liable for data loss or compatibility issues with the consumer’s vehicle systems.
UpYourCarPlay shall never be liable for any form of personal injury resulting from or related to the use of the product. The use of UpYourCarPlay products is always entirely at the consumer’s own risk.
Limitations of liability: To the extent that UpYourCarPlay is nonetheless liable under mandatory law, such liability is in all cases limited to a maximum of the invoice amount of the relevant delivery or service.
Contrary to Article 6:76 of the Dutch Civil Code (BW), UpYourCarPlay is not liable for errors committed by third parties engaged by it (auxiliary persons), unless there is intent or deliberate recklessness on the part of UpYourCarPlay itself.
The above-mentioned limitations of liability do not apply in the event of a business closure, as described in Article 13 of these general terms and conditions. From that moment, all complaint procedures and related rights shall lapse.
Article 13 – Business Termination and Force Majeure
The company reserves the right at all times to suspend the fulfillment of agreements or to cease operations in the event of force majeure. This includes, but is not limited to, power outages, natural disasters, wars, terrorism, epidemics, pandemics, strikes, government measures, or other circumstances beyond the reasonable control of the company. The company may also suspend activities for compelling personal reasons, such as health issues, without obligation to provide further explanation.
In the event of such a termination, all warranty obligations on products already delivered shall immediately and definitively lapse. The remaining warranty period shall at that moment be reduced to 0 days. The consumer acknowledges and accepts that such a termination does not constitute grounds for claims regarding warranty, repair, replacement, or refund. This constitutes an explicitly agreed limitation of liability in accordance with the principles of force majeure (Article 6:75 of the Dutch Civil Code).
Regarding outstanding orders, the company will make reasonable efforts to fulfill them. If this is not possible, any amounts already paid for these specific orders will be refunded to the consumer as soon as possible, and no later than 30 days after termination. This shall be the company’s sole remaining obligation with respect to outstanding orders.
The consumer acknowledges that the termination of the company constitutes an unforeseen circumstance that can be considered force majeure and accepts that all warranty rights shall lapse.
Article 14 – Disputes and Applicable Law
All agreements between the consumer and UpYourCarPlay are governed exclusively by Dutch law.
Disputes arising from these agreements may only be submitted to the competent court in the Netherlands, namely the court in the district where UpYourCarPlay is established.
Article 15 – Final Provisions
If any provision of these general terms and conditions is found to be invalid, this shall not affect the validity of the remaining provisions. In such a case, the parties shall agree on a new provision to replace the invalid one, taking into account the intent of the original provision as much as possible.
UpYourCarPlay reserves the right to unilaterally amend these general terms and conditions. Changes will be announced in a timely manner on the website. The consumer is expected to review the terms and conditions before placing each new order.
Article 16 – Intellectual Property
All intellectual property rights related to the website, product designs, manuals, images, logos, texts, and other materials of UpYourCarPlay are exclusively owned by UpYourCarPlay. The consumer is expressly prohibited from copying, reproducing, imitating, distributing, or otherwise using these materials without prior written permission from UpYourCarPlay. This article applies in accordance with copyright law and other intellectual property legislation.
Article 17 – Privacy Policy and Data Processing
UpYourCarPlay attaches great importance to the protection of your personal data. We process your data in accordance with the General Data Protection Regulation (GDPR). The only personal data we collect are those necessary for the execution of the agreement: your name, address, and e-mail address for shipping, and the type of car and dashboard for the correct assembly of the custom product. We use this information solely for the processing of your order and communication regarding your purchase. Your data will not be shared with third parties, unless necessary for shipping (e.g., with the delivery service).
Article 18 – Product Quality
UpYourCarPlay guarantees that the delivered products meet reasonable requirements of quality and usability. The products are also in accordance with the specifications stated in the offer. This means that you receive a product suitable for normal use and possessing the characteristics you may reasonably expect based on the offer. The warranty provisions in Article 8 complement this statutory obligation by specifying under which conditions the warranty applies.
Article 19 – Independence from Automotive Brands
UpYourCarPlay has no partnership, affiliation, or official collaboration with Volkswagen, Seat, or Škoda. UpYourCarPlay products are independently developed and intended to upgrade vehicles of these brands with our UpYourCarPlay screens. Any use of brand names or logos in our communications is solely to indicate compatibility and does not imply approval, sponsorship, or collaboration by the respective car manufacturer.
