General Terms and Conditions – Consumers
Index:
Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Obligations of the consumer during the reflection period
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 – Obligations of the entrepreneur in the event of withdrawal
Article 10 – Exclusion right of withdrawal
Article 11 – Pricing
Article 12 – Compliance and extra guarantee
Article 13 – Delivery and execution
Article 14 – Payment
Article 15 – Complaints procedure
Article 16 – Disputes
Article 17 – Additional or divergent clauses
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
1. Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these items, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
2. Reflection Time: the period within which the consumer can make use of his right of withdrawal;
3. Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
4. Day: calender day;
5. Digital content: data produced and supplied in digital form;
6. Duration agreement: an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period;
7. Durable data carrier: any tool - including e-mail - that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that future consultation or use during a period that is tailored to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
8. Right of withdrawal: the option of the consumer to cancel the distance contract within the reflection period;
9. Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
10. Distance contract: an agreement concluded between the entrepreneur and the consumer in the context of an organized system for distance selling of products, digital content and/or services, whereby exclusive or joint use is made of one or more remote communication techniques;
11. Model withdrawal form: the European model withdrawal form included in Appendix I of these terms and conditions. Appendix I does not have to be made available if the consumer has no right of withdrawal with regard to his order;
12. Remote communication technology: means that can be used to conclude an agreement, without the consumer and entrepreneur having to meet in the same room at the same time.
Article 2 – Identity of the entrepreneur
2802 RB Gouda
VAT number: NL 8578.94.225.B.01
Chamber of Commerce number:: 69495548
Article 3 – Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, the entrepreneur will indicate how the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer.
3. If the distance contract is concluded electronically, notwithstanding 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 store the data in a simple way on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply similar applications and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting conditions .
Article 4 – The offer
1. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.
3. In the case of an offer in which the consumer himself supplies a (RAL) color and the entrepreneur has the products sprayed or powder coated in this color, the consumer himself is liable for providing the correct color. In the event of apparent errors or mistakes in the color communicated, the consumer will bear the costs for transport and re-spraying/powder coating of the color.
4. Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with accepting the offer.
Article 5 – The agreement
1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the associated conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. Within legal frameworks, the entrepreneur can inform himself whether the consumer can meet his payment obligations, as well as about all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons, or to attach special conditions to the execution.
5. At the latest upon delivery of the product, service or digital content to the consumer, the entrepreneur will send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
a. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
b. the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information about warranties and existing after-sales service;
d. the price including all taxes of the product, service or digital content; to the extent applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
e. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration;
f. if the consumer has a right of withdrawal, the model withdrawal form.
6. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
Article 6 – Right of withdrawal
For products:
1. The consumer can terminate an agreement regarding the purchase of a product during a cooling-off period of a maximum of 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige him to state his reason(s).
2. The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:
a. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with different delivery times.
b. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
- In the case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, received the first product.
For services and digital content that is not provided on a tangible medium:
4. The consumer can terminate a service agreement and an agreement for the supply of digital content that has not been delivered on a tangible medium for a maximum of 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige him to state his reason(s).
5. The reflection period referred to in paragraph 3 commences on the day following the conclusion of the agreement.
Extended reflection period for products, services and digital content that is not delivered on a material medium if you do not inform about the right of withdrawal:
6. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original reflection period, the reflection period will expire 14 days after the day on which the consumer received that information.
Article 7 – Obligations of the consumer during the reflection period
1. During the reflection period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
2. The consumer is liable for any reduction in value of the product that is the result of handling the product that goes beyond what is permitted in paragraph 1.
Article 8 – Withdrawal and costs
1. If the consumer makes use of his right of withdrawal, he will report this to the entrepreneur within the reflection period by means of the model withdrawal form or in another unambiguous manner.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product or hands it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the reflection period has expired.
3. The consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer bears the direct costs of returning the product. If the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs for return.
6. If the consumer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.
Article 9 – Obligations of the consumer during a withdrawal
1. If the entrepreneur makes the notification of withdrawal by the consumer possible electronically, he will immediately send a confirmation of receipt after receipt of this notification.
2. The entrepreneur will reimburse all payments from the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with repayment until he has received the product or until the consumer demonstrates that he has returned the product, whichever is earlier.
3. The entrepreneur uses the same payment method that the consumer has used for reimbursement, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.
Article 10 – Exclusion right of withdrawal
The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement:
1. Service agreements, after full performance of the service, but only if:
a. the execution has started with the express prior consent of the consumer; and
b. the consumer has declared that he will lose his right of withdrawal as soon as the entrepreneur has fully performed the agreement;
2. Products manufactured to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
3. The right of withdrawal does not apply to products that have been installed on location (i.e. built-in systems, Monoblocks or ventilation systems), or to products that have been supplied by the entrepreneur in a tailor-made version at the request of the consumer (such as color powder-coated Monoblocks).
Article 11 – Pricing
1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any prices stated are target prices are stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a. they are the result of statutory regulations or provisions; or
b. the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.
Article 12 – Compliance with agreement and (extra) warranty
1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions existing on the date of the conclusion of the agreement and /or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. An extra guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill his part of the agreement.
3. An extra guarantee is understood to mean any obligation by the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what is legally required in the event that he has failed to fulfill his part of the agreement.
4. The warranty does not cover defects in the items that have arisen as a result of normal wear and tear, or due to damage resulting from circumstances over which the entrepreneur has no influence, including weather conditions or damage caused during transport by the consumer.
5. Any form of warranty will lapse if the item has been used incorrectly or carelessly, or if the item has been installed incorrectly or carelessly by the consumer or by third parties.
Article 13 – Delivery and execution
1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the entrepreneur.
3. With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but at the latest within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid.
5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
Article 14 – Payment
1. Insofar as not provided otherwise in the agreement or additional terms and conditions, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or in the absence of a reflectionperiod within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received confirmation of the agreement.
2. When selling products to consumers, the consumer may never be obliged in general terms and conditions to pay more than 50% in advance. When advance payment is stipulated, the consumer cannot assert any rights with regard to the execution of the relevant order or service(s) before the stipulated advance payment has been made.
3. The consumer has the obligation to immediately report inaccuracies in the payment details provided or stated to the entrepreneur.
4. If the consumer does not fulfill his payment obligation(s) in time, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, after the If payment is not made within this 14-day period, the statutory interest will be owed on the amount still owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40,-. The entrepreneur can deviate from the stated amounts and percentages in favor of the consumer.
Article 15 – Complaints procedure
1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be made in duetime afterthe consumer has discovered the defects, fully and clearly described and to be submitted to the entrepreneur.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will answer within the period of 14 days with a notification of receipt and an indication when the consumer can expect a more detailed answer.
4. The consumer must give the entrepreneur at least 4 weeks to resolve the complaint in mutual consultation. After this term, a dispute arises that is subject to the dispute settlement procedure.
Article 16 – Disputes
1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
Article 17 – Additional or divergent clauses
Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.
General terms and conditions – business customers
Index:
- Article 1 – Definitions and Applicability
- Article 2 – The offer
- Article 3 – Bulk orders and quotations
- Article 4 – The agreement
- Article 5 – Pricing
- Article 6 – Payment
- Article 7 – Reservation of ownership
- Article 8 – Delivery and execution
- Article 9 – Advertising and right of withdrawal
- Article 10 – Conformity and manufacturer's warranty
- Article 11 – Liability
- Article 12 – Indemnification
- Article 13 – Force majeure
- Article 14 – Complaints procedure
- Article 15 – Applicable law and disputes
- Article 16 – Change in terms and conditions
Article 1 – Definitions and Applicability
- In these terms and conditions, the following definitions apply:
- customer: any natural or legal person who is registered with the trade register of the Chamber of Commerce in the Netherlands or the Trade Register of the relevant country that is part of the European Union and with whom AirExtender b.v. enters into an agreement or to whom Airextender b.v. makes an offer;
- day: calender day;
- entrepreneur: the private limited company AirExtender b.v., with its registered office at Schielands Hoge Zeedijk 19a, 2802 RB Gouda, operating in the Netherlands under VAT number: NL 8578 94 225 B01and Chamber of Commerce Rotterdam 69495548.
- agreement: every agreement that is concluded between the entrepreneur and the customer, every amendment thereof or addition thereto, as well as all (legal acts in preparation and implementation of that agreement;
- product: any item offered, to be delivered or delivered by the entrepreneur on the basis of the agreement or to be equated with it on the basis of popular opinion.
- terms: these terms and conditions
- These conditions apply to every offer, quotation and agreement between the entrepreneur and a customer, insofar as the parties have not deviated from these conditions expressly and in writing.
- The applicability of any purchase or other conditions of the customer is expressly rejected.
- If one or more provisions in these terms and conditions are at any time wholly or partially void or should be annulled, the remainder of these terms and conditions will remain fully applicable. The entrepreneur and customer will then enter into consultation in order to agree on new provisions to replace the void or voided provisions, whereby the purpose of the original provisions is taken into account as much as possible.
- If there is a lack of clarity regarding the interpretation of one or more provisions of these terms and conditions, the interpretation must be in accordance with the spirit of these provisions.
- If a situation arises between the parties that is not regulated in these terms and conditions, this situation must be assessed in the spirit of these terms and conditions.
- If the entrepreneur does not always require strict compliance with these conditions, this does not mean that the provisions thereof do not apply, or that the entrepreneur would to any extent lose the right to demand strict compliance with these conditions in other cases.
Article 2 – The offer
- Every offer made by the entrepreneur on the website is without obligation.
- Obvious mistakes or errors in the offer are not binding on the entrepreneur.
- Each offer contains such information that it is clear to the customer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
- the price including taxes, unless otherwise agreed;
- any costs of delivery;
- the manner in which the agreement will be concluded and which actions are required for this;
- the method of payment, delivery or performance of the agreement;
- the term for acceptance of the offer, or the term for the fulfillment of the price.
- In the case of an offer in which the business buyer himself supplies a (RAL) color and the entrepreneur has the products sprayed or powder coated in this color, the business buyer himself is liable for providing the correct color. In the event of apparent errors or mistakes in the color communicated, the business customer will bear the costs for transport and re-spraying/powder coating of the color.
Article 3 – Bulk orders and quotations
- This article only applies if the customer wants to order at least 5 pieces or more of one and the same article, so-called bulk orders.
- If the buyer of one item wants to order at least 5 pieces, the entrepreneur can calculate a discount at the request of the buyer. The customer can request information about the discount and delivery time for large orders.
- A quotation lapses if the product to which the quotation relates is no longer available in the meantime.
- A requested quotation is valid 7 days after it has been issued by the entrepreneur. The application will be placed on order within 1 working day after the order confirmation has been received by the entrepreneur.
- The products are delivered at the place and time at which the products are ready for shipment to the customer. The entrepreneur strives to deliver the products to the customer in one go as much as possible. However, it is possible that the order will be delivered in multiple deliveries.
- The articles from a bulk order are delivered to one address, with due observance of article 8.2. It is not possible to have individual items packed separately with a bulk order.
- When a customer orders more copies of 1 item, the entrepreneur cannot guarantee a delivery time.
- If the acceptance (whether or not on minor points) deviates from the offer included in the quotation, the entrepreneur is not bound by it. The agreement will then not be concluded in accordance with this deviating acceptance, unless the entrepreneur indicates otherwise.
- Bulk orders of 5 pieces or more cannot be returned.
Article 4 – The agreement
- Subject to the provisions of paragraph 2, the agreement is concluded at the time of acceptance by the customer of the offer and the fulfillment of the conditions set therein.
- If the customer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically.
- If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the customer can pay electronically, the entrepreneur will observe appropriate security measures.
- The entrepreneur can – within legal frameworks – inform himself whether the customer can meet his payment obligations, as well as about all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution.
- Every agreement is entered into under the suspensive condition of sufficient availability of the products and/or services concerned.
Article 5 – Pricing
- During the period of validity stated in the offer, the prices of the products and/or services offered are not increased, except for price changes as a result of changes in VAT rates.
- Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any prices stated are target prices are stated in the offer.
- Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
- Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
- they are the result of statutory regulations or provisions; or
- the customer has the authority to terminate the agreement on the day on which the price increase takes effect.
- The prices stated on the website or in the offer of products or services are exclusive of VAT. When a customer from another country that is part of the European Union purchases a product or service from Airextender b.v. with his business account, 0% VAT is charged in connection with intra-Community deliveries based on. article 138 EU VAT Directive 2006/112/EC.
Article 6 – Payment
- Unless otherwise agreed, amounts owed by the customer must be paid to the account number specified by the entrepreneur within 14 days of placing an order.
- If this has been agreed in writing between the parties in advance, the entrepreneur can jointly invoice the customer on every last day of the month for all purchases made in the month in question. The customer must pay these invoices within 14 days of the date on the account number specified by the entrepreneur.
- The entrepreneur is entitled to set a maximum on the total amount of the monthly payment in arrears in paragraph 2 of this article.
- Entrepreneur has the right to perform a credit check in advance. If this results in a negative opinion, the entrepreneur is entitled to demand advance payment from the customer, failing which the entrepreneur will not proceed with delivery. With such an advance payment, the delivery time will start at the moment that the payment has been received by Airextender b.v.
- If the payment term is exceeded, the entrepreneur is entitled to charge default interest of 1% per month on the outstanding amount, unless the statutory interest is higher, in which case the statutory interest is due. The interest on the amount due and payable will be calculated from the moment the customer is in default until the moment of payment of the full amount owed.
- If the customer is in default or omission in the (timely) fulfillment of its obligations, then the entrepreneur has the right to charge the customer for the reasonable costs made known in advance to the customer for obtaining payment out of court.
- The customer is never entitled to set off the amount owed by him to the entrepreneur.
- Objections to the amount of an invoice do not suspend the payment obligation.
- The customer has the obligation to immediately report inaccuracies in the payment details provided or stated to the entrepreneur.
Article 7 – Reservation of ownership
- All goods delivered by the entrepreneur within the framework of the agreement remain the property of the entrepreneur until the customer has properly fulfilled all obligations under the agreement(s) concluded with the entrepreneur, including the purchase price, any surcharges owed pursuant to these terms and conditions or the agreement, interest, taxes, costs and compensation.
- Goods delivered by the entrepreneur that fall under the retention of title pursuant to paragraph 1 may not be resold and may never be used as a means of payment. The customer is not authorized to pledge or in any other way encumber the items subject to retention of title.
- The customer must always do everything that can reasonably be expected of him to secure the property rights of the entrepreneur.
- If third parties seize the goods delivered subject to retention of title or wish to establish or enforce rights thereon, the customer is obliged to inform the entrepreneur immediately.
- In the event that the entrepreneur wishes to exercise his property rights referred to in this article, the customer gives unconditional and irrevocable permission in advance to the entrepreneur and third parties to be designated by the entrepreneur to access those places where the entrepreneur's property is located and to reclaim the items.
Article 8 – Delivery and execution
- The entrepreneur will take the necessary care when receiving and executing orders for products.
- In principle, the place of delivery is the address of the customer that is linked to his Chamber of Commerce registration (in the Netherlands) or to his registration in the trade register of the relevant country within the European Union. Only after a verification of the business account has taken place can the customer notify the company of a different place of delivery.
- With due observance of what is stated in article 2 of these general terms and conditions, the company will execute accepted orders expeditiously but at the latest within 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the customer will be notified of this no later than one month after he has placed the order. In that case, the customer has the right to dissolve the agreement without costs.
- In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the customer has already paid in advance as soon as possible, but at the latest within 30 days after dissolution.
- If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to make a replacement product available.
- The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the address specified in paragraph 2, unless expressly agreed otherwise.
Article 9 – Advertising and right of withdrawal
- The customer is obliged to inspect the delivered goods for defects immediately after the products are made available to him. In doing so, the customer should investigate whether quality and/or quantity corresponds to what has been agreed.
- When purchasing products, the customer has the option to dissolve the agreement without stating reasons during 30 (thirty) days. This period starts on the day after receipt of the product by the customer or a representative designated in advance by the customer and made known to the entrepreneur.
- During this period, the customer will handle the product and packaging with care. The customer will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If the customer makes use of his right of withdrawal, he will return the product with all accessories supplied and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
- If a defect is reported later, the customer is no longer entitled to repair, replacement or compensation.
- If the customer complains in time, this does not suspend his payment obligation. In that case, the customer also remains obliged to purchase and pay for any other ordered products.
- The right of withdrawal does not apply to products that have been installed on location (i.e. built-in systems, Monoblocks or ventilation systems), or to products that have been supplied by the entrepreneur in a tailor-made version at the request of the consumer (such as color powder-coated Monoblocks).
Article 10 – Conformity and manufacturer's warranty
- The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions existing on the date of the conclusion of the agreement and /or government regulations.
- The customer can claim the factory warranty offered by the producer of the products.
- A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the customer can assert against the entrepreneur on the basis of the agreement.
- The warranty does not cover defects in the items that have arisen as a result of normal wear and tear, or due to damage that is the result of circumstances beyond the entrepreneur's control, including weather conditions or damage caused during transport by the customer.
- Any form of warranty will lapse if the item has been used incorrectly or carelessly, or if the item has been installed incorrectly or carelessly by the business customer or by third parties.
Article 11 – Liability
- Entrepreneur is only liable for direct damage. Liability for indirect damage, including loss of profit, consequential damage, loss of money, lost savings and damage due to business interruption, is expressly excluded.
- Direct damage is exclusively understood to mean the reasonable costs to determine the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these terms and conditions, any reasonable costs incurred to fulfill the defective performance of the entrepreneur in the agreement. to have them answered, insofar as these can be attributed to the entrepreneur and reasonable costs incurred to prevent or limit direct damage as referred to in these general terms and conditions.
- Any liability for direct damage of the entrepreneur towards the customer, for whatever reason, is limited per event (whereby a connected series of events counts as one event) to the invoice amount actually paid by the customer to the entrepreneur for the month in which the damage occurred, including shipping costs.
- Entrepreneur is not liable for damage of any nature whatsoever, caused by the fact that the entrepreneur relied on incorrect and/or incomplete information provided by or on behalf of the customer.
- The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence on the part of the entrepreneur or his subordinates.
Article 12 – Indemnification
- The customer indemnifies the entrepreneur against any claims from third parties who suffer damage in connection with the execution of the agreement and the cause of which is attributable to others than the entrepreneur.
- If the entrepreneur should be addressed by third parties for this reason, the customer is obliged to assist the entrepreneur both in and out of court and to immediately do everything that may be expected of him in that case. If the customer fails to take adequate measures, the entrepreneur is entitled to do so himself without notice of default. All costs and damage on the part of the entrepreneur and third parties that arise as a result, are fully for the account and risk of the customer.
Article 13 – Force majeure
- The entrepreneur is not obliged to fulfill any obligation towards the customer if he is prevented from doing so as a result of a circumstance that is not due to fault and is not for his account under the law, a legal act or generally accepted standards.
- In these general terms and conditions, force majeure is understood to mean, in addition to what is understood in this regard in law and jurisprudence, all external causes, foreseen and unforeseen, over which the entrepreneur cannot exert influence, but as a result of which the entrepreneur is unable to fulfill his obligations. . The entrepreneur also has the right to invoke force majeure if the circumstance that prevents (further) fulfillment of the agreement occurs after the entrepreneur should have fulfilled his obligation.
- The entrepreneur can suspend the obligations under the agreement during the period that the force majeure continues. If this period lasts longer than two months, each of the parties is entitled to dissolve the agreement, without any obligation to pay compensation to the other party.
- Insofar as the entrepreneur has partially fulfilled his obligations under the agreement at the time of the occurrence of force majeure or will be able to fulfill them, and the respective part to be fulfilled has independent value, the entrepreneur is entitled to separately fulfill the part already fulfilled or to be fulfilled. to invoice. The customer is obliged to pay this invoice as if it were a separate agreement.
Article 14 – Complaints procedure
- Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time, after the customer has discovered the defects.
- Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will answer within the period of 14 days with a notice of receipt and an indication when the customer can expect a more detailed answer.
Article 15 – Applicable law and disputes
- Dutch law applies exclusively to agreements between the entrepreneur and the customer to which these conditions apply, even if an obligation is wholly or partly performed abroad. The applicability of the Vienna Sales Convention is excluded.
- All disputes arising from offers or agreements, by whatever name, will be subject to the judgment of the competent court in Rotterdam (the Netherlands).
- The parties will only appeal to the courts after they have made every effort to settle a dispute in mutual consultation.
Article 16 – Change in terms and conditions
- The entrepreneur reserves the right to unilaterally change these Terms and Conditions.
- The version that applied at the time of the establishment of the relevant legal relationship with the entrepreneur is always applicable. The Customer is advised to regularly check the Terms and Conditions for changes.
