Terms and Conditions
1.1. These General Terms and Conditions apply to all offers and all Agreements relating to the sale and delivery of Products by the Supplier.
1.2. It is only possible to deviate from these General Terms and Conditions In Writing.
1.3. Any agreed provisions deviating from these General Terms and Conditions do not entitle the Customer to apply those provisions to other Agreements.
1.4. These General Terms and Conditions are made up of three chapters. The provisions of Chapter I apply to all legal relationships between Supplier and Customer. The provisions of Chapter II apply in addition to all legal relationships between the Supplier and the Consumer. The provisions of Chapter III apply in addition to all legal relationships between the Supplier and the Company.
1.5. If any provision in these General Terms and Conditions cannot be invoked on the basis of any nullity, reasonableness and fairness or the unreasonably onerous nature, the other provisions in these General Terms and Conditions will remain in full force and a provision will be replaced by the invalid provision. that most closely approximates the intention of the parties.
2.1. Terms and Conditions: these terms and conditions.
2.2. Consumer: natural person who does not act in the exercise of a profession or business.
2.3. Intellectual Property: all intellectual property rights and related rights, such as copyrights, trademark rights, patent rights, design rights, trade name rights, database rights and related rights.
2.4. Customer: the Consumer or Company that concludes or wishes to conclude an Agreement with the Supplier.
2.5. Supplier: the legal entity that offers products and/or services to customers.
2.6. Company: legal person or natural person, not being a Consumer.
2.7. Agreement: agreement pertaining to the delivery of the Products by the Supplier to the Customer.
2.8. Products: the products and services offered by the Supplier.
2.9. Personal data: personal data as defined in the Personal Data Protection Act.
2.10. Written: in writing, by e-mail or by fax.
2.11. Website: the website(s) operated by the Supplier.
2.12. Supplier Identity:
This webshop is managed by:
3902 KG, Veenendaal
Chamber of Commerce number: 86538926
VAT identification number: NL125281869B02
Phone number: +31 6 16001250
E-mail address: email@example.com
From Monday to Friday from 8:00 am to 6:00 pm
3. Offers/formation of agreement
3.1. Each offer from the Supplier is without obligation and must be regarded as a whole, unless expressly deviated from in Writing.
3.2. If the Customer places an order, the Agreement will not be concluded until the Supplier accepts it In Writing, or starts its implementation.
3.3. The Supplier is not obliged to deliver Products once they have been delivered, if these Products have been withdrawn from the Supplier's production or sales programme.
3.4. Subject to evidence to the contrary, the administrative data of the Supplier are decisive and binding for the content of the agreement and serve as proof of the agreement.
3.5. The Customer guarantees that the information provided to the Supplier in the request or order is correct and complete.
3.6. The Supplier has the right at all times to verify an order in advance or to refuse it without giving reasons, which will be communicated to the Customer by the Supplier as soon as possible.
3.7. Sections 6:227b paragraph 1 of the Dutch Civil Code and 6:227c of the Dutch Civil Code do not apply to Agreements with Companies concluded via the Website.
4.1. All prices for Agreements with Companies are exclusive of sales tax (VAT) and any other government levies imposed at the time of the conclusion of the Agreement, unless expressly stated otherwise.
4.2. All prices for Agreements with Consumers include sales tax (VAT) and any other government levies imposed at the time of concluding the Agreement, unless expressly stated otherwise.
4.3. All prices and rates of the Supplier are subject to programming and typing errors.
4.4. In agreements with Companies, assembly or installation work and facilities, as well as any delivery costs, are for the account of the Customer and are charged separately at the usual rates. In the case of Agreements with Consumers, such costs are only for the account of the Customer if they have been expressly agreed in advance and the prices have been expressly specified in advance.
4.5. Changes in purchase prices, wage and material costs, social security and government charges, freight costs, insurance premiums and other costs related to the agreed performance entitle the Supplier to change the price. If the Supplier changes the price within three months after concluding the agreement, the Customer has the right to dissolve the agreement on that ground.
5.1. All (delivery) periods stated by the Supplier are approximate and have been determined on the basis of the data and circumstances known to the Supplier when the agreement was entered into. The agreed delivery time is never a strict deadline, unless expressly agreed otherwise. In the event of late delivery, the Customer must give the Supplier written notice of default and allow him a reasonable period of time to still fulfill his obligations.
5.2. In the case of Agreements concluded with Consumers, a delivery period of 30 days applies, in the absence of an agreement to the contrary. Exceeding this delivery period gives the Customer (Consumer) the right to dissolve the Agreement. In that case, the supplier is not liable for damages.
5.3. The Supplier is entitled to deliver sold goods in parts. This does not apply if a partial delivery has no independent value. If the goods are delivered in parts, the Supplier is entitled to invoice each part separately to the Companies.
6. Defects, complaint periods and warranty
6.1. The Customer must examine the delivered Products upon delivery. In doing so, the Customer must check whether the delivered goods comply with the Agreement, namely:
a. whether the correct goods have been delivered;
b. whether the quantity and number of the delivered goods correspond to what has been agreed;
c. whether the delivered goods meet the requirements that may be set for normal use and/or trading purposes.
6.2. The Customer who is a Consumer must report defects within a reasonable time after discovery or after the defect could reasonably have been discovered, but at the latest within 60 days, In Writing and stating the invoice details to the Supplier. The previous sentence shall apply mutatis mutandis to the Customer being an Enterprise, provided that the relevant term is 30 days.
6.3. The Customer being an Enterprise must report complaints about invoices to the Supplier In Writing within 30 days of the invoice date.
6.4. If the Customer does not report defects or complaints within the aforementioned periods, his complaint will not be processed and his rights will lapse.
6.5. In the case of Agreements with Companies, all claims and defenses based on facts that would justify the statement that the delivered goods do not comply with the agreement lapse after 60 days after delivery.
6.6. In the case of Agreements with Consumers, all claims and defenses based on facts that would justify the statement that the delivered goods do not comply with the agreement lapse two years after the defect was reported to the Supplier in accordance with the previous paragraphs.
6.7. Any claim of the Customer with regard to delivered Products also lapses if:
a. the Products can no longer be identified as originating from the Supplier;
b. the defects are (partly) the result of normal wear and tear, improper and/or incorrect treatment, use and/or storage or maintenance of the Products;
c. The Supplier has not immediately been given the opportunity by the Customer to investigate the complaints and to fulfill its obligations;
d. the Customer has not, not on time or not properly fulfilled the fulfillment of any obligation resting on it.
6.8. If it has been demonstrated that the Products do not comply with the Agreement, the Supplier has the choice of either repairing the Products in question against their return, or replacing them with new Products or reimbursing the invoice value thereof. These General Terms and Conditions apply in full to this new delivery.
7. Payment and Billing
7.1. Unless otherwise agreed, invoices from the Supplier must be paid within 14 days of the delivery date. This payment is made when ordering via the Website, unless otherwise agreed, by means of an online payment order in a manner as offered on the Website at the time of payment. This payment is made when ordering other than via the Website, unless otherwise agreed, by means of a bank transfer.
7.2. In the event that the Customer does not pay on time, it will be in default by operation of law. In that case, the Supplier may proceed to take collection measures. The full judicial and extrajudicial costs will then be borne by the Customer.
8.1. Except for intent and gross negligence, the Supplier is in no way liable for damage resulting from the Products it has supplied and/or any shortcoming in the performance of the Agreement or the violation of any other obligations towards the Customer. Furthermore, except intent and gross negligence, the Supplier is in no way liable for damage resulting from the incorrectness and/or incompleteness and/or unlawfulness of the content of the Website or any other (advertising) statement of the Supplier, the (incorrect) ) use of the Website or other expressions of the Supplier (such as order forms) by the Customer and the provision of incorrect data by the Customer.
8.2. Damage, as referred to in paragraph 1 of this article, which, in the opinion of the Customer, is due to the intent or gross negligence of the Supplier, must be reported in writing as soon as possible, but in any case within thirty (30) days after its occurrence. reported to Supplier. Damage that has not been notified to the Supplier within that period is not eligible for compensation, unless the Customer can demonstrate that it was not reasonably possible for it to report the damage earlier.
8.3. If - despite the provisions of Article 8.1 - any liability of the Supplier should arise at any time, this liability will be limited to a maximum of the invoice amount charged by the Supplier.
8.4. Any claim to payment of a stipulated fine or to compensation for damage expires after 60 days after the event by which the fine has become payable or the damage has been caused, unless legal collection has been started within the said period.
8.5. The Customer who is an Enterprise indemnifies the Supplier against all damage that the Supplier may suffer as a result of claims from third parties related to the goods delivered by the Supplier.
9. Force majeure
9.1. Force majeure means circumstances that prevent fulfillment of the agreement and that cannot be attributed to the Supplier. If and insofar as these circumstances make fulfillment impossible or unreasonably more difficult, this will also include: strikes at the Supplier's suppliers, strikes at the Supplier's company, a general lack of goods or services, unforeseeable stagnation at suppliers or other third parties on which the Supplier depends, general transport problems, fire, government measures, including import and export bans.
9.2. If the force majeure lasts longer than three months, both parties are entitled to dissolve the agreement. In that case, the Supplier is not obliged to pay any compensation.
10. Intellectual Property
10.1. All Intellectual Property rights with regard to the (advertising) statements of the Supplier, including the Website, are vested in the Supplier.
10.2. The Customer and (other) users of the Website acknowledge these rights and guarantee that they will refrain from any infringement thereof, which also includes making copies of the Website other than technical copies required for the use of the Website (loading and imaging).
10.3. The Website contains hyperlinks to other websites maintained by third parties. The Supplier has no influence whatsoever on the information stated on these websites and it accepts no liability for damage resulting in any way from the use of these websites.
10.4. The Supplier bears no responsibility for photos, descriptions and other information material on the Website and in its other (advertising) communications, which are published by third parties.
10.5. The Supplier will make every effort to ensure that the goods delivered by it do not infringe any right of any Intellectual Property of third parties, but cannot guarantee this. Should it be established in court that any item delivered by the Supplier infringes any Intellectual Property right of a third party, the Supplier shall, at its sole discretion, replace the item in question with an item that does not infringe the aforementioned rights, or acquire a right of use for this or take back the item in question against repayment of the purchase price less the usual depreciation. The Customer is not entitled to invoke this provision if it has not informed the Supplier in Writing within a reasonable time after becoming aware of this fact.
11. Privacy/processing of Personal Data
11.1. The Supplier processes Personal Data of (natural persons employed by) the Customer in the context of the following purposes:
a. the formation and implementation of the agreement;
b. being able to get in touch with the Customer;
c. the performance of market research, sales activities and direct marketing by the Supplier for the Products of the Supplier and its affiliates;
d. other purposes that have been made known by the Supplier to the Customer, for example by means of a privacy statement on the Website.
11.2. The Supplier will take appropriate technical and organizational measures to protect the Personal Data against loss or against any form of unlawful processing.
12. Applicable law/competent court
12.1. Dutch law applies to all legal relationships between the Supplier and the Customer. The Vienna Sales Convention 1980 (CISG) is emphatically not applicable.
12.2. Disputes between the Supplier and the Customer are exclusively submitted to the competent court of the place where the Supplier has its registered office, unless the Supplier, as plaintiff or requesting party, opts for the competent court of the place of residence or place of business of the Customer.
II. AGREEMENTS WITH CONSUMERS
13. Transport / Risk
13.1. If the item sold is delivered to the Consumer by the Supplier or a carrier designated by it, the item is only at the risk of the Consumer after delivery.
14. Dissolution of Agreements
14.1. For Agreements that have been concluded, the Customer has the authority to terminate the underlying Agreement with the Supplier within fourteen (14) calendar days after receipt of the Products, without stating reasons, unless the right of termination does not apply to the relevant Products. , see 14.2.
14.2. If the Customer wishes to dissolve the Agreement pursuant to the previous paragraph, the Customer must notify the Supplier of this In Writing. The Customer must return the Products to a return address determined by the Supplier. Revocation, exchange and return is not possible for:
Products manufactured according to customer specifications, which are prefabricated and which are manufactured based on an individual choice or decision of the customer, or which are clearly intended for a specific person;
Products that spoil quickly or have a limited shelf life;
Products that are not suitable to be returned for reasons of health protection or hygiene;
Products that are irrevocably mixed with other items after delivery due to their nature;
Audio and video recordings and computer software of which the seal has been broken after delivery;
Newspapers, periodicals or magazines, with the exception of an agreement for the regular delivery of such publications (a subscription).
The Customer must bear the costs of and the risk of sending.
14.3. If the Customer has already made payments at the time that the Customer has terminated the Agreement with the Supplier pursuant to this article, the Supplier shall refund these payments to the Customer within fourteen (14) days after receipt of the dissolution statement referred to in the previous paragraph. The Supplier reserves the right to refuse returned Product(s) or to credit only part of the amount already paid, if (there is a suspicion that) the Products have already been used (other than for orientation) or through the fault of the Customer are damaged.
14.4. If Products are returned which, in Supplier's opinion, have suffered damage attributable to any act or omission of Customer or are otherwise at Customer's risk, Supplier shall notify Customer in Writing. The Supplier has the right to deduct the depreciation of the Products as a result of this damage from the amount to be repaid to the Customer.
14.5 If the supplier and consumer cannot resolve a dispute between themselves, the consumer can submit a complaint via the platform for Online Dispute Resolution (ODR). More information is available on the ODR platform.
III. Agreements with Companies
15. Delivery, Transport and Risk
15.1. The Product is at the Customer's risk upon delivery, even if ownership has not yet passed to the Customer.
15.2. The Customer is obliged to take delivery of the purchased goods at the time when they are made available to him or at the time when they are delivered to him. If the Customer refuses to take delivery or is negligent in providing information or instructions necessary for the delivery, the goods will be stored for a maximum of 4 weeks at the expense and risk of the Customer. In that case, the Customer owes all additional costs, including in any case storage costs.
15.3. Insofar as shipment and transport of the Products has been agreed between the Supplier and the Customer, this will be at the expense and risk of the Customer, even if ownership has not yet passed to the Customer.
16. Retention of Title
16.1. All Products delivered by the Supplier remain the property of the Supplier or its suppliers until the amount owed by the Customer under the Agreement has been paid to the Supplier, including any interest and/or collection costs due.
16.2. The Customer shall not process or dispose of the goods delivered by the Supplier other than in the normal course of its business. If the Customer forms a new good (partly) from goods delivered by the Supplier, the Customer will only form that good for the Supplier until the Customer has paid all amounts due under the Agreement. In that case, the Supplier has all rights as owner of the goods formed until the moment of full payment by the Customer.
16.3. If the Customer is in default with the payment of what it owes the Supplier under the Agreement, the Supplier is entitled to take back all goods that have already been delivered to the Customer. The Customer irrevocably authorizes the Supplier to have all such goods returned at the expense of the Customer and gives the Supplier and its designated representatives permission to enter its business premises, warehouses, factory halls, etc. for that purpose.
16.4. The Customer is not permitted to pledge the goods or to establish any other right to them.
17. Payment and security
17.1. Payment must be made in the agreed currency without set-off, discount or suspension for whatever reason.
17.2. When the Customer is in default, he owes interest in the amount of 1.5% per (part of the) month.
17.3. In the event of late payment, liquidation, bankruptcy or suspension of payment of the Customer, all payment obligations of the Customer become immediately due and payable, regardless of whether the Supplier has already invoiced for this or pre-financing has taken place, and the Supplier is authorized to postpone the further performance of the agreement on or proceed to dissolution of the agreement, without prejudice to the Supplier's right to claim compensation.
17.4. The Supplier is at all times entitled to offset what it has to claim from the Customer, whether or not due and payable or subject to conditions, against a counterclaim, whether or not due and payable, of the Customer against the Supplier. If the claim of the Supplier against the Customer is not yet due and payable, the Supplier will not make use of its right of set-off, unless the Customer's counterclaim is seized or otherwise sought, a limited right in rem is established thereon or the Customer assigns its counterclaim under special title. The Supplier shall, if possible, notify the Customer in advance of the use of its power of set-off.
17.5. At the first request of the Supplier, the Customer is obliged to immediately provide sufficient security in the form desired by the Supplier and to supplement this if necessary for the fulfillment of all its obligations. As long as the Customer has not complied with this, the Supplier is entitled to suspend its obligations.
17.6. If the Customer has not complied with a request as referred to in the previous paragraph within 14 days after a reminder to that effect, all its obligations will become immediately due and payable.
18. Dissolution agreement
18.1. If the Customer does not, does not timely or does not properly comply with any obligation under an agreement with the Supplier and it has been given written notice of default by the Supplier, as well as in the event of bankruptcy, suspension of payment or placement under guardianship of the Customer or closure or liquidation of its company, the Supplier is entitled to dissolve the agreement without judicial intervention and without any obligation to pay compensation and without prejudice to its further rights. In those cases, all claims that the Supplier may have against the Customer are immediately due and payable in full. If the proper performance by the Supplier of its obligations under an agreement with the Customer is wholly or partially impossible, either temporarily or permanently, as a result of one or more circumstances, which are not at the Supplier's expense, including circumstances referred to in Article 9, the Supplier is entitled to dissolve the agreement.
19. Right of withdrawal
You have the right to cancel your order up to 14 days after receipt without giving any reason. After cancellation you have another 14 days to return your product. You will then be credited with the full order amount including shipping costs. Only the costs for returning from your home to the webshop are for your own account. These costs are approximately €7.25 per package, consult the website of your carrier for the exact rates. If you make use of your right of withdrawal, the product will be returned to the entrepreneur with all accessories supplied and - if reasonably possible - in its original condition and packaging. To exercise this right, please contact us at firstname.lastname@example.org. We will then refund the order amount due within 14 days after registering your return, provided that the product has already been returned in good order.